The URL can be used to link to this page

Home My WebLink About2002-11-06 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 10-15-02 Revised 11/11/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT TO PERMIT TO ) PLACE A CLASS A ) MANUFACTURED HOME ON A ) PERMANENT FOUNDATION IN ) AN L-O ZONE, LOCATED AT 50 W. ) SPICEWOOD, AT THE ) NORTHWEST CORNER OF ) MERIDIAN ROAD AND E. ) SPICEWOOD DR., % MILE NORTH ) OF CHERRY LANE, MERIDIAN, ) IDAHO ) ) TREASURE VALLEY WORSHIP ) CENTER, ) ) APPLICANT ) ) Case No. CUP-02-023 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 October 15,2002, at the hour of7:00 p,m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark ofthe Planning and Zoning Department, and David Cruz, Mary Ann Gould, Donald Ford, Tyler Rountree, and Gordon Slider, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 Fact, Conclusions of Law and Decision and Order to-wit: 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 October 15,2002; 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') ofthe 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 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 October 15, 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 ~67-6509, 6512, and Meridian City Code 9~ 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 an L-O zone and by reason ofthe provisions of the Meridian City Code ~ 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 50 W. Spicewood; at the northwest comer of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 Road and E. Spicewood Dr., Y2 mile north of Cherry Lane, Meridian, Idaho. 5. The owner of record of the subject property is International Church ofthe Foursquare Gospel, 1910 W. Sunset Blvd., Suite 200, Los Angeles, California 90026-3247. 6. Applicant is Treasure Valley Worship Center, 50 W. Spicewood, Meridian, Idaho. 7. The subject property is currently zoned L-O. The zoning district ofL-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit to place a manufactured home on a permanent foundation. The L-O 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 Ordinance. 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 and the Ordinance establishing the hnpact 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 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 ofthe 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. Submit a revised landscape plan to the Planning and Zoning Staff when submitting for a Certificate of ZOJ.?ing Compliance. The revised landscaping plan shall be in conformance with the current Landscape Ordinance. 2. Sanitary sewer and water assessments will be evaluated during the remodel plan approval process to determine if additional assessments are warranted. 3. Paint the manufactured home to match or compliment the existing church structure. 4. The manufactured home shall be installed in compliance with MCC 11-10-8 B.1-8. 5. All new landscaping shall be installed prior to the issuance of an occupancy permit for the new structure. General Comments 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking lot, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13- 4C. 2. Provide signage in accordance with the standards set forth in Section 11-14 of the city Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. Building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 4. A Certificate of Zoning Compliance shall be obtained prior to applying for a building permit. 5. A building permit shall be obtained prior to the start of new construction. 6. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 7. 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 Recolf!illendations of the ACHD as follows: Site Specific Conditions of Approval That pursuant to the requirement of subsection E, prior to November 1, 2004, before the Applicant begins construction of the permanent parking facilities as required, they shall meet the Recommendations of the Ada County Highway District as follows: 1. The Applicant shall be required to dedicate 35 feet of right-of-way from the centerline of Meridian Road abutting the portion of the parcel of the proposed parking lot 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 the 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 or 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 ACHD Ordinance #195. 2. Construct a 30 foot wide curb cut driveway on Spicewood Drive (for the additional parking lot site on the south side of Spicewood Drive) located approximately 70 feet west ofthe east property line as proposed. This location meets District policy and shall be approved with this application. 3. Pave the proposed driveway to its full-required width of 30 feet as proposed on the site plan and to a point 30 feet beyond the edge of pavement of Spicewood Drive. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 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 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 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 Nampa & Meridian Irrigation District as follows: I. All storm drainage must be retained on site. If any storm drainage leaves the site a Land Use Change! Site application will be required. However, if all storm drainage is retained on site, this project will not impact the Nampa & Meridian Irrigation District. D. Adopt the Recommendations of the Central District Health Department as follows: I. It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact on groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that prevents groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Storm water Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. E. Adopt the action of the Council taken at their October 15,2002 meeting as follows: 1. Treasure Valley Worship Center shall provide temporary off-street parking facilities by May 1, 2002 for their Sunday services; and it shall provide permanent parking facilities within 24 months, November 1, 2004, of the issuance of this Conditional Use Permit, Case No. CUP-02-023. 2. That Treasure Valley Worship Center shall paint the manufactured home to match the other building on the property. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the Generalized Land Use Map as Public/Quasi-public" . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 14. It is found that the subject property is large enough to accommodate all of the required development features; however, the submitted site plan will need to be modified to meet required landscape buffers. The Meridian City Code requires a 20' wide landscape buffer between the proposed manufactured home/church and the existing single family homes. The submitted site plan currently shows only a 6.64 foot wide landscape buffer. In addition to shifting the manufactured home to the south approximately 13.36 feet to provide the full 20 foot landscape buffer, new landscaping in accordance with the Landscape Ordinance will need to be added within the buffer. The existing parking lot provides more than adequate parking, per MCC requirements, for the existing church and the manufactured home. 15. It is found that the Comprehensive Plan Land Use Map designates the property as "Public/Quasi-public". It is also found that the expansion ofthe church use to be in compliance with the Meridian Zoning Ordinance and the adopted Comprehensive Plan. 16. It is found that the proposed manufactured home will be compatible with other uses in the general neighborhood and with the intended character of the general vicinity, which is essentially a mix of commercial and residential uses. 17. It is not anticipated that the proposed manufactured home 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 city ordinances (with some variances). 18. It is found that the proposed development will be adequately served by the essential public facilities and services listed above. 19. It is found that the proposed use would not create additional requirements at public cost for public facilities and service and will not be detrimental to the economic welfare of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 the community. 20. It is not anticipated that the proposed use will be detrimental to the general welfare of the community by means of increased traffic, noise, smoke fumes, glare or odors generated by the uses. 21. It is found that the proposed use will not create significant 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 Plalming Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.e. 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 PlaIllling and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council ofthe 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 othelWise prohibited by the terms ofthe ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 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 ~ 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 harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this 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 of the general vicinity and that such use will not adversely change the essential character ofthe 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 service 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 designed 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 Limited Office District (L-O), 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 City Code ~ 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 of this 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 ofthe 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 ~ 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; D. Assure that the development is maintained property; R 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 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 to place a manufactured home on a permanent foundation in an L-O zone located at 50 W. Spicewood, at the northwest corner of Meridian Road and E. Spicewood Dr., Y; mile north of Cherry Lane, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. Submit a revised landscape plan to the Planning and Zoning Staffwhen submitting for a Certificate of Zoning Compliance. The revised landscaping plan shall be in conformance with the current Landscape Ordinance. 2. Sanitary sewer and water assessments will be evaluated during the remodel plan approval process to determine if additional assessments are warranted. 3. Paint the manufactured home to match or compliment the existing church structure. 4. The manufactured home shall be installed in compliance with MCC 11-10-8 B.I-8. 5. All new landscaping shall be installed prior to the issuance of an occupancy permit for the new structure. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 General Comments 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking lot, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13- 4C. 2. Provide signage in accordance with the standards set forth in Section 11-14 of the city Zoning and Development Ordinance. AU signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. Building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. A Certificate of Zoning Compliance shall be obtained prior to applying for a building permit. 5. A building permit shall be obtained prior to the start of new construction. 6. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 7. 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 Conditions of Approval That pursuant to the requirement of subsection E, prior to November 1,2004, before the Applicant begins construction of the permanent parking facilities as required, they shall meet the Recommendations of the Ada County Highway District as follows: 1. The Applicant shall be required to dedicate 35 feet of right-of-way from the centerline of Meridian Road abutting the portion of the parcel of the proposed parking lot 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 the 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 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 fair market value or the right-of-way dedicated which is an addition to existing ACHD right-of-way ifthe owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with ACHD Ordinance #195. 2. Construct a 30 foot wide curb cut driveway on Spicewood Drive (for the additional parking lot site on the south side of Spicewood Drive) located approximately 70 feet west ofthe east property line as proposed. This location meets District policy and shall be approved with this application. 3. Pave the proposed driveway to its full-required width of 30 feet as proposed on the site plan and to a point 30 feet beyond the edge of pavement of Spice wood Drive. 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 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. AU 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 DECISION AND ORDER GRANfING CONDITIONAL USE PERMIT - 14 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 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 Nampa & Meridian Irrigation District as follows: 1. All storm drainage must be retained on site. If any storm drainage leaves the site a Land Use Change/ Site application will be required. However, if all storm drainage is retained on site, this project will not impact the Nampa & Meridian Irrigation District. D. Adopt the Recommendations of the Central District Health Department as follows: 1. It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact on groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that prevents groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Storm water Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. E. Adopt the action of the Council taken at their October 15, 2002 meeting as follows: 1. Treasure Valley Worship Center shall provide temporary off-street parking facilities by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 May 1, 2002 for their Sunday services; and it shall provide permanent parking facilities within 24 months, November 1,2004, of the issuance ofthis Conditional Use Permit, Case No. CUP-02-023. 2. That Treasure Valley Worship Center shall paint the manufactured home to match the other building on the property. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 9 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 ofthe City of Meridian, pursuant to Idaho Code 9 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. By action of the City Council at its regular meeting held on the L, -i:J,_ day of VY\x)'~{J\M.,~~, 2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED+ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED ~~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: //-6 -tJ2- VOTED MOTION: ~ APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Depmiment and the City Attorney. BY:~~~~ SJ City Clerk . Dated: /1- /Cf-tJ f- ~- - - -. z:\ Work\M\Meridian\Meridian 15360M\Treasure Valley Worship Cnlr CUP02-023\FfClsCUP02-D23.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\1IT - 17 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 10115/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT TO PLACE A CLASS ) A MANUFACTURED HOME ON A ) PERMANENT FOUNDATION IN ) AN L-O ZONE, LOCATED AT SO W. ) SPICEWOOD, AT THE ) NORTHWEST CORNER OF ) MERIDIAN ROAD AND E. ) SPICEWOOD DR., 12 MILE NORTH ) OF CHERRY LANE, MERIDIAN, ) IDAHO ) ) TREASURE VALLEY WORSHIP ) CENTER, ) ) APPLICANT ) ) Case No. CUP-02-023 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 15th day of October, 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 to place a manufactured home on a permanent foundation in an L-Q zone located at 50 W. Spicewood, 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: ORDER CONDITIONAL USE PERMIT CUP-02-023 -1 Site Specific Requirements 1. Submit a revised landscape plan to the Planning and Zoning Staff when submitting for a Certificate of Zoning Compliance. The revised landscaping plan shall be in conformance with the current Landscape Ordinance. 2. Sanitary sewer and water assessments will be evaluated during the remodel plan approval process to determine if additional assessments are warranted. 3. Paint the manufactured home to match or compliment the existing church structure. 4. The manufactured home shall be installed in compliance with MCC 11-10-8 Rl-8. 5. All new landscaping shall be installed prior to the issuance of an occupancy permit for the new structure. General Comments 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking lot, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13- 4C. 2. Provide signage in accordance with the standards set forth in Section 11-14 of the city Zoning and Development Ordinance. All signage is subj ect to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. Building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. A Certificate of Zoning Compliance shall be obtained prior to applying for a building permit. 5. A building permit shall be obtained prior to the start of new construction. 6. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. ORDER CONDITIONAL USE PERMIT CUP-02-023 -2 7. 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 Conditions of Approval That pursuant to the requirement of subsection E, prior to November I, 2004, before the Applicant begins construction of the permanent parking facilities as required, they shall meet the Recommendations of the Ada County Highway District as follows: 1. The Applicant shall be required to dedicate 35 feet ofright-of-way from the centerline of Meridian Road abutting the portion of the parcel of the proposed parking lot 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 the 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 or 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 ACHD Ordinance #195. 2. Construct a 30 foot wide curb cut driveway on Spicewood Drive (for the additional parking lot site on the south side of Spicewood Drive) located approximately 70 feet west of the east property line as proposed. This location meets District policy and shall be approved with this application. 3. Pave the proposed driveway to its full-required width of30 feet as proposed on the site plan and to a point 30 feet beyond the edge of pavement of Spice wood Drive. 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 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. ORDER CONDITIONAL USE PERMIT CUP-02-023 -3 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 confinuation 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 Nampa & Meridian Irrigation District as follows: 1. All storm drainage must be retained on site. If any storm drainage leaves the site a Land Use Change/ Site application will be required. However, if all storm drainage is retained ORDER CONDITIONAL USE PERMIT - 4 CUP-02-023 on site, this project will not impact the Nampa & Meridian Irrigation District. D. Adopt the Recommendations of the Central District Health Department as follows: 1. It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact on groundwater and surface water quality. The engineers and architects involved with the design ofthis project should obtain current best management practices for stOlID water disposal and design a storm water management system that prevents groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. E. Adopt the action-of the Council taken at their October 15, 2002 meeting as follows: 1. Treasure V alley Worship Center shall provide temporary off-street parking facilities by May 1, 2002 for their Sunday services; and it shall provide permanent parking facilities within 24 months, November 1, 2004, of the issuance ofthis Conditional Use Permit, Case No. CUP-02-023. 2. That Treasure Valley Worship Center shall paint the manufactured home to match the other building on the property. 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 Pem1it Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code ~11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the ;</OV(?~~ 64L day of , 2002. ORDER CONDITIONAL USE PERMIT CUP-02-023 -5 r , Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BY~~~~ rCf ity Clerk Dated: Z:\ Work\M\Meridian\Meridian ] 5360M\Treasure Valley Worship Cntr CUP02-023\OrderCUP02-023.doc ORDER CONDITIONAL USE PERMIT CUP-02~023 -6 RESOLUTION # () 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 A TIORNEY OR HER DESIGNEES TO REPRESENT THE CITY OF MERIDIAN IN ALL CRIMINAL MA TIERS BEFORE COURTS OF THE 3RO 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 950-204 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 #?>V~ I'h- b..e I- 6-/ A.. - day of ,2002. APPROVED by the Mayor of the City of Meridian, Idaho, this ft'" ve h-t- 6.e I- , 2002. / -r,{,. l7 - day of 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. {) 2. - J 94-. PA%d by the City Council of the City of Meridian, on this 6 ~ day of Pf/eh-L.6.b'G , 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. \\HIlIIU/Il'III ,\\\ ~ ~"II ,~" -{ U' . ""'01;: ~"&~ \~ ~ ~ ';. - <> - /'~9.- i ~ -; ~/d- ,. ~ SEAL!l) ~ILLlAM G. BERG, JR. ' ~ "'6.. ..n E - ~ ~ "l:?>.o ... %. "1() ~i 1~ . ':'l:' i -/ 'f ~~ " ~ ~~....v "I, . ~,\ STATE OF IDAHO, (ItlIJI' HlI&.n""\' : ss. County of Ada, ) On this ~ day of 1UJy &mJwt. I 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) ......... ... o_~_s~.. .\.~o- TA ~<r~. .~./~ -~ ~.' ....r'.. .C1:J / ...., ..,.- \'yo-'" . I \ . . : \ . · I I . . I I . .. \ , .. .. ~ l . · ' A_. C' · .. (j)~..~ lJJjlt~~~~o. ..o(-'t.,.,;.,._.~~... ....l!QF ).1-1.- ....... ~hwy;n ~'~ Notary Public of Idaho Commission Expires: OJ{ - 2~-o5" CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AGREEMENT FOR CITY PROSECUTOR I CRIMINAL LEGAL SERVICES This Agreement for City Prosecutor/Criminal Legal Services (hereinafter referred to It as "Agreement") is made this Day of AJOUeMfh ~IL, 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 Code S 50-204 and Meridian City Code SS 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 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 forproposals 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 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 PROSECUTORlCRIMINAL 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 matter~); 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 s8Nices 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 perform assessments. initial and exit interviews, scheduling of education classes and commu.nity service, and formal complaints AGREEMENT FOR CITY PROSECUTORlCRIMINAL 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 supen/ised or unsupen/ised) 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 Sen/ices as defined above. 3 SERVICES PROVI DED BY BOIS E. 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 tv.Ielve thousand six hundred seventy and OO/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 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 5lh of the month, Meridian shall remit payment to Boise 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 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 pertorm 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, o(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 TERM I 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 set forth herein. In the event of a termination, Meridian shall remain responsible to pay Boise for alf 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 PROSECUTORlCRIMINAL 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 Headin9s. 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 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 applioable 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 shari 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 betvveen 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 of the day and year first above written. MERIDIAN: ATTEST: Page 11 STATE OF IDAHO) ) 55. County of Ada ) On this 3L day of IJdv6er ,2002, before me, a Notary Public, personally appeared Robert D. Corrie andl~li~~J known or identified to me to be the persons whose names are subscribecIii ~ itFlin f'ftd foregoing instrument as the Mayor and 1.JefloCb tL~Clerk, respectively. of the City of Meridian, and who acknowledged to me that they executed the same for the City of Meridian. IN WITNESS WJj~~OF, I have here first above Written,,'..~~CB L. ;####''''' ~.. ....,..~......~.... ", :-.. ..)> 0:- f l l\OT A-i\' -_.:$0-; : * . ) ~ ~ : \ ....~ t ""', f: :',J:l · " :' \. foP... lr.BL Ie l : '='jI! ~ .. ... $ ~.,. .., .r .......... ~ \:) !Io'" BOISE: .##f#~ OF ID ~~..,." 'f'.......", t Public for Idaho e Iding at ptr/I/4. A.. , Idaho Commission xpires: 01/;;1.0/C7 CITY OF BOISE ATTEST: By: 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 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 My Commission Expires: , Idaho AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 12 EXHIBIT HAJJ (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 Prosecutor / Criminal Legal Services for the City of Meridian. lrms 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, 10 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 consid~red 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 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/Crimina]. Legal. Servi.ces for the Ci.ty of Mer.i.dian 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 C~ty of Mer~dian 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 pro~O~ctl l~ rece1ved must be specifically marked: RFP No. 02-002; City Prosecutor/Criminal Lega~ 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 sub~tted 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. paqe 1 of 5 City of Meridian RFP No'~ < 02-002 City prosecutor I Criminal Leqal 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 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 needeq 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 ,other duties as assigned by the Mayor and/or City Council. Page 2 of 5 . City' of Mecidian < RFP No. 02-002 City Prosecutor I Criminal Legal Services 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: RFP No. 02-002; City Prosecutor/Criminal Lega~ 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 (10) copies of the proposal in a sealed package and identified as follows: "SEALED PROPOSAL" "RFP No. 02-002; Ci.ty Prosecutor/Criminal LegaJ. Services for the Ci. ty of Meri.dian" 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 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 abi~ity 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 deve~opment 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 Page 4' of 5 Ci ty. of MeridiClri RFP No. 02-002 City Prosecutor 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 ct~of~ti~~ RFP No. 02-002 City Pro~ecutor / Criminal Leq~l Service~ EXHIBIT "sn (Attach copy of Boise's Response dated September 16, 2002) AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 14 ;. RECETVEti-- SEP I G 2002 City of Meridian City Clerk OfficG BOl'SE C.t.1: y . Q. l:' .~ It. ~E'E S office .:o:f"The . . Cfty Att~;rJ.lJi~Y ~.~. - RESPONSE, . .~ RFP No. 02...002 'City Prosecutor/Criminal Legai Services for. The City of Meridian EXf1fSITB . . . LEGAL DEPARTMENT SUSAN LYNN M1MURA CITY ATTORNEY m"~ BOISE ~ H. BRENT COLES M.'\YOR. COUNCIL MEMBERS MIKE WETHERELL COUNCIl. PRESIDENT VERNON L, 8lSTERFELDT PAULA B. FORNEY JON MASON CAROLYN TERTELlNG-PAYNE M. JEROME MAPP COUNCIl. PRO TW September 16, 2002 Mr. Will Berg Meridian City Clerk 33 East Idaho Meridian, ID 83642 Subject: RFP 02-002 - City Pr~secutor/Criminal Legal Services for Meridian City Dear Mr. Berg: Thank-you for the opportunity to submit a proP.Qsal in response, to Meridian Ci!J's RFP for City Prosecutor/Criminal Legal Services. The .Boise City Attorney's 'office is a full-service municipal . law ftini: 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 u... to be the model public service law. fIrm and provide high-quality sel,"Vices to our cli~nts ang. custo~ers in a manner ~at 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 Judicial District as Meridi,an. Included as an appendix to our proposal is a summary of the experience o( 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 neec:ts 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'Leg.al 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 conununity" s needs. CITY HALL. 150 N. CAPITOl. B01J.LEVARD . P.O. BOX 500.. BOISE. IDAHO 837()1-oSOO.. 208/3'84.'3"870 FAX 208/384-4454. An Equal Opportunity Employu · www.cltyofboise:org . ...C'rl.....~t..)'C,I<!I,..p(',C 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 of time 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 o~ interest in this project and this Request for Proposal as an outline of our ability to respond and perform. Sincerely, an Lynn Mintura Boise City Attorney SMlJdq Susan Lvnn Mimura Proposer Name Boise City Attorney Proposer Title Boise City Attorney's Office Proposer Firm SIGNATURE PAGE 150 North Capitol. Boise ill 83701-0500 Proposer Ad~s " 208/384-3870 & "2081384-4454 &oposer Telephone. & Fax: Nt1mbers oooo22175:.:s Federal Tax. ID Nuinber 1 1 ~ 1- ~ .. 1 :1 ,.) '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, or-by overseeing the contracts for litigation handled by outside legal counSel. Its primary custoIl1er is the City's Risk Manager, and it provides civil legal advice and guidance for labor relations, union grievances for both Police and Fjre, workers' compensation, 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 & Development Team - William L. M. Nary heads this team with his 17 years of municipal experience. He maiJ.ages six full-time attorneys 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 SafetylEnterprise 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 Schmi<i;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 of helping to create the new Fourth Judicial District Family Violence Court and intC?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 ~minal 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 Propos8;1 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 SafetylLiaison 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 Equioment 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 pennits 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 staff using Microsoft Office within the next two years. Our staff utilize PowerPoint presentations for courtroom exhibits mld 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 roles., attorney general opinions, etc.), as well as all other state 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 } J 1 J W~.a1so .have many other electronic support systems, ~cluding facsimile riiachiIies, printers, and copiers. 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 behalfas 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 wor~ 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 functioDS and courtrooms, our teams. allow us to better manage and balance our resources: The cross-functionality eI:JSUfes 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 teaplin.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 c;ase. -Again, this increases our ability to be responsive and timely. : j J We also have a distinct advantage over other:fimis 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 9Y mail, our staff have the ability to immediately look up a defendant or a case and determine whether something.bas changed at their individual desktops.ai1d at a.worksite in the Ada County Co~ou5e. . J .~ i 6. C\ ~' ~ ~ 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 and BPD; · Prosecution on behalf of other prosecuting agencies (conflicts and transferS) involving MPD, including infractions, misdemeanors, and felony cases; · Coverage of the new caseload in Family Violence Court.. Primary 'Civil legal advice and guidance to the Meridian Police Chief and lvIPD 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 M~ridian 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 ilD.d 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~dlng those identified through the screening process) by request of the Meridian Police Chief; . Regular legal bulletins, includizig Idaho case law, U.S. Supreme Court, and the Ninth Circuit. Basic VictimlWitness 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 of victimslyvitnesses for Qomestic violence-related cases (do~estic assault, dOIl?-estic battery, violation ~fno contact order, violation ofproteetion 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. . . Annua1"Cost ~$~ .. Monthiy Installment ~6~il9Y 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 first offense. In order to implement this . portion, Meridian City only would need to sign over its $11,708 JAlBG dollars to Boise . ' City; Boise City would cover the required match of$I,30l. , yI FFYOl JAIBG dollars - Sl1,708* , *Federal donars 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 of27 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. Institutional Client Since we aIreadyprovide support to an "ipstitutional client" (i.e., the StateofIdaho 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 wilHssue written notices to the defendants, victims, and the investigating officer as appropriate. We are prepared to submit a quarterly written report sunimarizing those statistics as well as to identify training needs and offer written feedback to the.Meridian Police Chief on those needs identified during ~e screening process (Le., appropriate report writing, appropriate investigation, etc.). .. . While mo.st ~ cases are routine, there may be particular criminal matters that are . considered "high profile" because they may be ~f a sensitive nature and/or have media interest. There will be times when Meridian's Mayor arid CitY Council and/or its Police Chief need to be kept informed about the status and resolution 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-needCd 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 of M~~dian City criminal cases that it bandles 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 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 Mericllan Police Chief - The civil/administrative support for Meridian Police Chiefwould'be assigned to the Public SafetylEnterprise team, and a primary Police liaison attorney 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 confinnation 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 - Vpon 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 of the 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 crlininal 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)61 "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 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 oil 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 Wgh standards to wWch we are committed. As a governmental law :firm, we understand the concept 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 value for our customers, our community, and the taxpayers. We would continue that effort on beb.3J.f of your City as well. . We are particularly sensitive to concerns '3.bout conflicts of interest, and our stiff are routinely traUied 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 counsel 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 (DUI) 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 for DUIs is over 87% and we dismiss fe"Yer than 2% of the cases. On DV cases, we have an overall conviction rate of 77%, 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 cO,ntract. Boise City offers basic victim/witness services as part ofits 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 community 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-ca11 victim/witness services for both . misdemeanor and felony domestic violence cases as well as for sexual assault, rape, and other violent crimes." After piIoth1g an on...call program for misdemeanor domestic violence cases, Boise deteqnined 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-cal1 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 frrst-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 number of the tickets are referred to Ada 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 ~uaUy accountable, requiring them all to sign a contract agreeing not to use tobac~o, alcohQI,or illegal substances throughout the diversion pr:ocess. The juve~ile-a~ts their guilt, and the ticket is held rather than filed' with .the cO~rt. As part of the diverSion, the , . 1J 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 form; 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 lAIBG 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 Attomeyffeam Leader J.D., University ofIdaho College of Law, May 1997 Assistant City Attorneyffeam Leader, Boise City Attorney's Office, Apri1200l-Present Attorney, Moffatt Thomas, May 2000-Apri12001 Assistant City Attorney, Boise City Attorney's Office, April 1998-May 2nOO 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 . 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~l Protection Agency, Summer/Falll996 Legal Extern, U.S. District Court - Northern District of Texas; Summer 1995 Janet Kensett, 4gal Secretary Legal SeCretary, Boise City Attornets Office~ July 200 I-Present Jill B. Musser, Assistant City Attorney/BPD Legal Advisor J.D., Washington University School ofUw, 1990 , Assistant City Attorney, Boise City Attorney's Office, F ehroary 1996-Present Deputy Prosecuting Attorney, Ada County Prosecutor's Office, August 199o-November 1994 Volunt~r Intern, King CQunty Prosecuting Attorney's Office, Summer 1989 Urban ~w Program, Washington University School of1;.aw, 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), 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 Att?mey, Boi~e C~ty Attoz:ney~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 2000-February 2002 Deputy Attorney General, State of Idaho, 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 SecretarylReceptionist, Hoff Forest Products, 1989-1993 Matt Wilde, Assi~tant City Attorney . Assistant City Attorney, Boise City Attorney's Office, August 1996-Present ParkslPlanning & Development Team William L. 'M. Nary, ASsistant City AttomeyfI'eam Leader J.D., University of Idaho, 1985 As$istant City Attorney, Boise City Attorney"s Office, 1989-Present- Partner, Ambrose FItzgerald & Cf90kston, 1985-1989- Prosecutor, Meridian City, 1985-1989 Ted Baird, Assistant City Attorney , J.DJMB~., Willamette University, 1988 . Assistant City Attorney, BoiSe City A~~me'y.'s Office, M~cp. 2000-Present Associate Attorney, Ramis & Crew Law Finn, September 1994-July 1996 Assistant City Attorney, City ofBeaverton, January 1993-September 1994 . Assistant City Attorney, Boise City Attorney's Office; February 1991-January 1993 Associate Attorney" ytuni Rose Law Firm; July 1988-July 1990 . Emily Kane, Assistant City Attorney . . J.D. & Environmental & Natural Resource Law Certificate, l'lo~westem School of Law of Lewis & Clark College, 2000 Assistant City Attorney, Boise City Attorney's Office, September 200l-Present Judicial Clerk, 1'J?.e Honorable Daniel Meehl, June 200O-September 200 I 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.I999 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, AdalElmorelPayettelIdaho/Canyon/GemIW ashingtonl AdamsN alley Counties, 1989w1992 . Deputy Attorney General, State ofIdaho Attorney General'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 City Attorney J.D., University of Califomia, Hastings College ofLaw~ 1974 Assisbnt City Attorney, Boise City Attorney's Office', October 1988-Present Associate, Harris & Sutton, .March 1987-8epteIilber 19~8 Deputy Attorney General, State of Idaho Attorney General's Office (H&W), November 1980wFebmary 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 & Sherrod, June 1973-~ay 1974 Litigation/Screening Team R.oge~ E. Cockerille, Assistant City Attomeyffeam 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 Dako~ School of Law, '1999 Assistant City Attorney, Boise City Attorney's Office, July 2000-Present Judicial Law Clerk, The, Honorable Nathan Higer, August 1999-July 2000 Legal Intern, Moscow City Attorney, January 1999-April1999 Extern, 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 ofIdaho, 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-Septemher 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 Office, October 2000-Present Appellate Clinic Intern, University of Idaho Legal Aid Clinic, 1999-2000 Extem~ The Honorable Jim D.. Pappas, Summer, 199? "18 .~ , 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 TIlCourt 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 of Health & Human Services. October 1997- March 1998. . Human Resources Associate, Montana State Fund, March 1997-0ctober.1997 Paralegal, Wewer Law F~ September 1996'-March 1997 Administrative AssistantJParalegal, Federal Defenders of Montana, September 1993- September 1996 Administrative Assistant n, Montana Department of Revenue. April1990-September. 1993 Office ManagerJLegal Secretary, O'Brien Law Office; May 1985-Apri11990 Legal SecretarylBookkeeper,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 , ..,. rr' APPENDIX B Memorandum regarding: JAmG Funds for Meridian 20., Seplcmbcl' 13. 2002 To: Matthew Haynes, Juvenile AccQuntability Coordinulor. City of Boise City of Meridiem From: Justin Oliver Rllen. Association ofIdaho Cities Rc: 200 I Juvenile Accountability Incentive Block Grant 'rho purpos-e of this memo is to summarize converSCltions 1 have had with Allan Miller of the DCpOT101Cl1t of Juvenile Corrections (DIe) concerning the possibilily of the City of Mcddian waiving tllcir 2001 JAIBG fUllds to the City oflloise for ajuvenile accounlability program. Miner said thal such a waiver could still be accomplished for the 2001 grant. and that DIe would encourage such an arrangement so that the funds arc ulUiz~d. The City oCh{eridian will need to complete a waiver form, which must subs~.qlJently be aCC{~pted by the City ofUoise. ]fyou have any further questions, do not hesHate to give me a call. . " RESOLUTION 17303 BY THE COUNCIL: /: ~.. BI~TERFELDT, FORNEY, MAP?, MASON / (~\:\."'-:..:-':IE:R~L1NG-PAYNE AND WETHERELL / r;// --.~ '<"~ ~\ ! 0 I \ :-, " ; , \ . \ A RESOLUTION RAT1F}YI~G-J:H_E_.MAYOR' SIGNATURE AND APPROVING THE AGREEMENT FOR ~J.lE APPOINTMENl1 cfF THE CITY OF BOISE LEGAL DEPARTMENT TO REiiFORM PROSEC\}:T RIAL AND POLICE LEGAL ADVISOR DUTIES FOR THE Ch::r.-~E:.~ERID~~~A:' D PROVIDING AN EFFECTIVE DATE. "\" <" ...-..._'''7'......-'... ,..~ WHEREAS the Cit~m~lidr~~d publicized a Request for Proposals in September of 2002 for prosecutorial services to be petformed; and WHEREAS after submittal and presentation to the Meridian City Council the City Attorney's office for the City of Boise was selected to petform 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 "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 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-Q2 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 ATTEST: ,2002. APPROVED: day of day of MAYOR CITY CLERK 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 $l day of ~t/eb(/~/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 Pursuantto Idaho Code S 50-204 and Meridian City Code SS 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 I n response to Meridian's request for proposals, Boise, through the office ofthe 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 I NCORPORA TION 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 ~rovide 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 qf 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 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 ofthis 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 JAIBG 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 s~all 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 interpreteq 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. 1 0 TERMINATION. This agreement may be terminated upon mutual agreement ofthe 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 anytime, 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 appliccible 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: ATTEST: Page 11 STATE OF IDAHO ) ) ss. County of Ada ) On this -3l. day of ()C-/O 6tr , 2002, before me, a Notary Public, personally appeared Robert D. Corrie an~IIiBm OQfR. known or identified to me to be the persons whose names are subscribea~ro tm(WfltJ1n and foregoing instrument as the Mayor and 1\0 Au *b CitfClerk, respectively, of the City of Meridian, and who acknowledged to me that they ''''1v",", executed the same for the City of Meridian. IN WITNESS VX~REQF, I have hereun ~. E '#t# first above written.~~~~. ~\C L..s ./'.... ,:. \'t'- ........, q.~ .... $'... .... ~~, \ .. · 0 .. .... .. :..L" 1'l. T,<\, .........~ : IIf" · ~.f ~ : : I ~.... : : ': \,p :-1..: \.~.... (fBLIC", : ~ ..,. -.. ." i '\; .rQ ......... ~ 0 .l ~~~#f. OF ID ~ ~~~~ BOISE; f...,.......",. CITY OF BOISE ATTEST: By: Its: City Clerk STATE OF IDAHO) ) ss. County of Ada ) On this 5th day of November , 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 I of the 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 MERIDIAN August 16, 2002 RFP NO. 02-002 The City of Meridian is requesting proposals f City Prosecutor I Criminal Legal Services for the City of Meridian. 1rms 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. Th~ envelope in which the proposal is received must be specifically marked: RFP No. 02-002; City prosecutor/Cri.mi.na1 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 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 -.J indicated. The envelope in which the prop~~dl l~ rece1ved must be specifically marked: RFP No. 02-002; City Prosecutor/Cr~nal 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, 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 Ci ty of Meridian RFP No'~ 02-002 City Pr05ecutor / Criminal Legal Service5 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 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 agericies, 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 other duties as assigned by the Mayor and/or City Council. Page 2 of 5 . City- of MeJ::idian . RFP No. 02-002 City Pro~ecutor I criminal Legal Service~ 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: RFP 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 (10) 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 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 t 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 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 abi~ity to communicate with the City via E-Mail should be provided. Page 3 of 5 CitY'of Meridian RFP No. 02-002 city Prosecutor / 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 Page 4' of 5 Ci ty. of MeridiC\ri RFP No. 02-002 City Pr03ecutor I criminai Leqal 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. Page 5 of 5 Ci ty of Meridian RFP No. 02-002 City Pr05ecutor I criminal Legal Serv!ce5 EXHIBIT "B" (Attach copy of Boise's Response dated September 16, 2002) AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 14 BOl'SE c. I .1: y , 0" F~ ~'lt: 7E' .'E S , . office .:o~f "'The . , . , . City Att~~J1.ey. RESPONSE -,' RECETVE~. SEP 1 G 2002 City of Meridian City Clerk OfficE- .~: - '.f , RFP No. OkO02 'City Prosecutor/Criminal Legai Services for. The Oty of Meridian . - eXHIBITB H. BRENT COLES M....YOR LEGAL DEPARTMENT SUSAN LYNN MlMURA CITY ATTORNEY BOISE ~ COUNCIL MEMBERS MlKE WETHERELL COUNCIL PRESlDENT VERNON L BISTERfELDT PAULA B. FORNEY [ON MASON CAROLYN TERTELING-PAYNE M. IEROME MAPP COUNCIL PRO TEM September 16, 2002 rvfr. Will Berg Meridian City Clerk 33 East Idaho Meridian, ill 83642 Subject: RFP 02-002 - City Pr?secutor/Criminal Legal Services for Meridian City Dear Mr. Berg: Thank-you for the opportunity to submit a proposal in response. to Meridian Gi!J's RFP for City ProSecutodCriminal Legal Services. The .Boise City Attom~y'soffice is a full-service municipal _ law fimi." 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. rum and provide high-quality se~ces to our cli~nts and custo~ers in a ~er 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 Judicial District as Meridi~. Included as an appendix to our proposal is a summ~lt'Y of the experience o{ our prosecutors, paraIegals, and legal secretaries. We have almost 200 yeats of combined attorney experience~ We believe our experience and ex~rtise .woul~ be able to s~t your n~ at a ~mpetitive c~st. Interest in the Project The Boise City Attorney's office strives forprbcess 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 conununity's needs. ..,.... CiTY HALL - 150 N. CAPITOL BOIJ,LEVARD -.P.o. BOX 500.- BoISE. IDAHO 53rOl...osoo: 208/384:3810 fAX 208/384-4454 - A.n Equal Opportunity Employer - www_c1tyolbolse"~rg . __0 ,'"'.... ~ *r<IrlI..,.. 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-ftmctional teams that perform both. Six to seven attorneys and three to four legal secretaries are assigned to a team. W orleing 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 of time 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. U~ike 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 our 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 SMIJdq r Signature Susan Lynn Mimura Proposer Name Boise City Attornev Proposer Title Boise City Attorney's Office Proposer Finn SIGNATURE PAGE 150 North Capitol. Boise ill 83701-0500 Proposer Adct.ress . 2081384-3870 & -2081384-4454 ~poser Telephone.& Fax Numbers ??oo22175:.5 Federal Tax ill Number .. 1 I i I L l . 1 .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, or by overseeing the contracts for litigation handled by outside legal counSel. Its primary custoI11er is the City's Risk Manager, and it provides civil legal advice and guidance for labor relations, union grievances for both Police and F~, workers' compensation,. 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. · ParkslPlannmg & Development Team - William L~ M Nary heads this team with his 17 years of municipal experience. He mail.ages six. full-time attorneys 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 P~anning & Development Services Department, the Parks Department, the Library, and the Ombudsman. . Public SafetylEnterprise Team - With five years of experience in both private and public sector law, Elisa M~oth oversees this team. The team covers the criminaI 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 c~ge 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 <?riminal duties. In addition to the above-mentioned sta~ 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 staifis attached as an appendix to this proposa,l 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 SafetylLiaison 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 pes 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 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 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 CoUIt "' , ' The office has contracted for electronic research with Westlaw that includes all Idaho databases (case law, legislative documents, admini~trative rules"f attorney general opinions, etc.)~ as w:eII as aU other st3:te appellate cases. In addition, we have access to ,the Ninth Circuit Court of Appeals, all Idaho federa1-cases, 'the United States Supreme Court cases, and united States statutes. "} t .. ] We also have' many other electronic support systems, including facsimile riiacbiIies, printers, and copiers. " . , , 5 . j ; {." , i .; ." SECTION III Abilitv 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, and judges. 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<lS 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 bas 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 cross-functionality CJ;1S1U'CS that. every team member has exposure to knowledge and skills in relevant subjects such as public records, liability; employment law, " federal employment requiremenis, and contracis. The teapting 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 $e 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 ~p-to- date information on the cases we handle. Rather" than. relying only upon the trial settings, which arrive 1>y mail, our staffhave the ability to immediately look up a defendant or a case and determine whether something bas changed at their individual desktops. aild at aworksite in the Ada County Co~ouSe. . . "6 " C\ ~' ~ * 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 WD and BPD; · Prosecution on behalf of other prosecuting agencies (~on.flicts and transfeci) involving MPD, including infractions, misdemeanors, and felony cases; · Coverage of the, new caseload in Family Violence Court.. Primary 'civil legal 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 andlor pager under a protocol to be deyeloped with the M~ridian Police Chief; · On-site legal se:r:vices by the dedicated assigned Police liaison attorney tWo days each week; . · Written responses to Legal Information Requests approved by the Meridian Police Chief; · . Routine revicwilD.d approval offue 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 otl;1er needs (incl~cling those identified through the 'screening procesS) by request of the Meridian Police Chief; . · Regular legal bulletins, includiIig Idaho case law, U.S. Supreme Court, and the Ninth Circuit Basic VictimlV{itness services would include; · Timely contact with vict4ns (either by telephone or. automated letter notice) by a victim/witness cooidinator to advise ofYictim rights on all required cases; · Preparation ofvictimsl~tnesses for Q.omestic violence~related cases (do~estic assault, do~estic battery, violation ~f no contact order, violation of protection order, stalking,' telephone harassment when associated with one.ofthe preceding, and malicious injury to 'property when associated with one of the preceding) and aU cases ~th restitution; · Coordination and Ii,aison with prosecutor on the above~mentioned.cases. " . Annua(Cost~$~ .. . MonthiYI~si:aum~nt~ .~!y. 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. $50lhour + mileage to and from the crime scene, victims' locations, or court . Juvenile Accountability Services for all juveniles with fust-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 first offense. In order to implement this . portion, Meridia.n City only yiould need to sign over its $11,708 JA{BG dollars to Boise City; Boise City would cover the" required match of $1,301. . . ./ . FFYOl JAIBG dollars - $11,708* _ -*Federal doUa.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 1 year to a maximum of27 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 Metho~ of Relating to anJnstitutional Client Since we already provide support to an "41stitutional client" (i.e., the State of Idaho in prosecution cases or the Boise City ~uncil 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 declin~ 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 needs identified during ~e screening process (i.e., appropriate report writing, appropriate investigation, ete.). .' . While mo~t ~ cases are routine, there may be particular criminal matters that are considered "high profile" because thc:y may ~ ~f a sensitive nature and/or have media interest. There will be times when Meridian's Mayor and CitY CoWlcil and/or its Police Chiefneed to be kept informed about the status and ~olution of these types-of issues. This office is conunitted to reporting on th~e types of cases in a manner that bestsults the needs of Meridian City, including as.needed telephone calls, monthly or quarterly written reports, andlor Council ' presentations. On more routine criminal cases~ the Boise City Attorney's office is Willing to . track and report the number ofMf?~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 adnJ.41istiative 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 foxwarded 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 arrangeqlents 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 ~signed 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. Chief would"be assigned to the Public SafetylEnteIprise t~ and a primary Police liaison attorney would be identified with the Chier s input and approval. The team leader ~d primary liaiSon attorney would work directly with the Police Chiefto identify the best method of referring specific issues and matters. The team would provide 24-hour, 7-day Coverage to the Police Chiefutilizing 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 of a written Legal Information Request from the Meridian PoliCe Chief: the Pul?lic Safety/Enterprlse tc;am leader would provide a written confirmation assigning an attorney and d~cribing 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 -l!pon receipt of a written ~gal Infonnation Request from the Mayor andlor Meridian'City Council, the Boise City Attorney would provide a written confIrmation assigning the appropriate attorney, confirming 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 attorney. The handling attorney then generally reviews the file, perfonns 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 June 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 ~ 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,S73,624 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 closeJy 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 govemmenta1law ~ we understand the concept of being cost- conscious and recognize that we remain public servants who act for the best interests ofllie City as embodied in our Mayor and City Council. We consider that our services. must have value for our customers, our community, and the ~payers. We would continue that effort on be1lluf of your City as well. - Weare particularly sensitive to concerns about conflicts of htterest,.and our staff are routinely traiJied 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 (DUI) and Domestic Violence-related (DV) charges and develop statistics to evaluate our success in prosecuting these types of cases. Weare proud to note that our conviction rate for DUIs is over 87% and we dismiss fewer than 2% pfthe cases. OnDV cases, we have an overall conviction rate of77%, with fewerthan 23% of the cases dismissed. We believe this type of statistical information is not only indicative of the quality service we will proyide 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 victimlwifu~s coordinators serve as a: liaison between the victimslwitnesses 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 commuIiity resourcC?S, and vital .co~unity information to assist them with their assessed and impli~ needs. This service has 'proven invaluable for Boise ~ity, and we expect that it would provide the same benefit to' M;eridian City as well. . As an add-on service, Boise City is prepare to offer on..call victim/witness services for both . misd~eanor and felony domestic violence cases as well as for sexual assault, rape, and other violent crimes.. . After pilotlD.g 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 determined that on-ca11 victim/witness services for felony cases were invaluable in assisting police to investigate violent arnltra~tic 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 systellL . It offers a unique opportunity fQr juveniles with first-time tobacco and alcohol violations to dispose of their citations without going to court Inste.aA juveniles and their parents are assessed and 'referred to community resources and ed~cation classes. . While a ~~ber of the tickets are . referred to.Ada 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 ~ually accountable, r.equUing them all to sign a contract agreeing not to use tobacqo, alcohQI".or i~eg!11 substances througho~t the diyersion p~ss. The juve~le ach!tits their gui1~ and the ticket is held rather than filed witli,the c01:1rt. As part of the 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 ofIdaho Cities (AlC), Meridian City had submitted an Intent to Use form; 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 JAIBG 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 SafetylLiaison Team Elisa G. Massoth, Assistant City AttorneylTeam Leader J.D., University of Idaho College of Law, May 1997 Assistant City AttorneytTeam Leader, Boise City Attorney's Office, Apri12001-Present Attorney, Moffatt Thomas, May 200D-Apri1200 1 Assistant City Attorney, Boise City Attorney's Office, April 1 998-May 2000 District Court Law Clerk, Honorable Iudge Horton, August 1997-Apri11998 Iudicial Advisor, U of! Student Advisory Services, August 1996-May 1997 Legal Intern, Oregon Coalition Against Domestic & Sexual Violence, Iune 1995-July 1995 Paul I. Fitzer, Assistant City Attorney ID., Southern Methodist University School of Law, May 1997 . Assistant City Attorney, Boise City Attorney's Office, April I 998-Present Legal Intern, Ada County Prosecuting Attorney's Office, May 1997-January 1998 Legal Extern, u.s. Environmen~ Protection Agency, SummerlFallI99.6. Legal Extern, U.S. District Court - Northe~ District of Texas; Summer 1995 Janet Kerisett, 4ga1 Secretary Legal seCretary, Boise City Attorney's Office~ July 200l-Present Jill B. Musser, Assistant City AttorneylBPD Legal Advisor ID., 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 1990-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 Nothling, Legal Secretary . Legal Secretary, BoiSe City Attorney's Office, 2001-Present. Senior Customer Specialist, PeopleFirstCom, 2001 . ParaLegal, Collection House (Australia), 1996-2000 ParaLegal, Jones .King Lawye~ (Australia), 1993-19~6 Douglas K. Strickling, Assistant City Attorney . J.D., University pfldaho, 1984 . Assistant City A-ttorney, Boise C~ty Attomey~s Office, i98~Present . - -..' . . 15 Alison Stieglitz Tate, Assistant City Attorney J.D., University ofldaho, 1995 Assistant City Attorney, Boise City Attorney's Office, February 2002-Present Prosecuting Attorney, Garden City, October 2000-February 2002 Deputy Attorney General, State of Idaho, 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 SecretarylReceptionist, Hoff Forest Products, 1989-1993 Matt Wilde, Assi~tant City Attorney Assistant City Attorney, Boise City Attorney's Office, August 1996-Present ParlcsIPlanninl! & Develooment Team William: L..M Nary, ASsistant City Attomeyfream .Leader J.D., University of Idaho, 1985 As$istaIit City Attorney, Boise City Attorney's Office, 1989-Present- Partner"Ambrose Fitzgerald & Crpokston, 1985-1989- Pros~tor, Meridian City, 1985-1989 Ted Baird, Nlsistant City Attorney . J.DJMB~, Willamette University, 1988 . Assistant City Attorney, BoiSe City A~<?rney.'s Office, ~p 200O-Present Associate Attorney, Ramis & Crew Law Firm, September 1994-July 1996 Assistant City Attorney, City ofBeaverton, January 1993-September 1994 . Assistant City Attorney, Boise City Attorney's Office; Febrwuy 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, No~western School of Law of Lewis & Clark College, 2000 Assistant City Attorney, Boise City Attorney's Office, September 200 I-Present Judicial Clerk, Tlfe Honorable Daniel Meehl, June 200Q-September 2001 Legal Intern, 'Department of Interior-fudian 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 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 of Idaho, 1987 Assistant City Attorney, Boise City Attorney's Office, 1993-Present Prosecutor, Garden City, 1992-1993 Special Prosecutor, Ada/ElmoreIPayettelIdaho/CanyonlGernIW ashingtonl AdamsN alley Counties, 1989-1992 . Deputy Attorney General, State of Idaho Attorney General's Office (H&W), 1987-1991 .Mary Watson Tyree, Assistant City Attorney Assistant City Attorney, Boise City Attorney's Office, 200l-Present lames F. Wickham, Assistant C~ty Attorney J.D., University of California, Hastings College of Law~ 1974 Assist3.nt City Attorney, Boise City Attorney's Office, October 1988-Present Associate, Harris & Sutton,.March 1987-September 1988 Deputy Attorney Gene~ State of Idaho Attorney General's Office (H&W), November 1980-February 1987 . . Attorney, Private General Pra~ce, February i979-October 1980 Assistant Attorney General, State of Idaho 'Attorney General's Office (H&W), September 1975-January 1979 . Law Clerk, Rhodes & Sherrod, June 1973-l>4ay 1974 Litigation/Screening Team ~oge~ E. Cockerille, Assistant City Attomeytfeam 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 Clinict 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 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 2000-Present judicial Law Cle~ The. Honorable Nathan Higer, August 1999-July 2000 'Legal Intern, Moscow City Attorney, January 1999-April1999 Extern, 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 Attom~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, Ianuary 200 I-Present Deputy Attorney. General, State of Idaho Attorney General's Office (Finance), September 1997-January 2001 Deputy Attorney General, State of Idaho Attorney General's Office (Insurance), January 1996-September 1997 Attorney, Quane, Smith, Howard & Hull, June 1990..Ianuary 1996 ]. Paige Wilkins, Assistant City Attorney " J.D., University ofI~o; College ~fLaw, 2000 . Assistant City Attorney, Boise City Attorney's Ofijce, October 2000-Present Appellate Clinic Iritem, University of Idaho Legal Aid'Clinic, 1999-2000 Extern~The Honorable Jim D." Pappas, Su~er .1999 "18 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 I 997-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 EnvironmentaI Quality, March 1998-December 199'9 Admini~trative Legal Assistant, Department pfHealth & Human Services; Oc~ober 1997- March 1998' . HUman Resources Associate, Montana State Fund, March 1997.0ctober.I 997 Paralegal, Wewer Law F~ September 1996'-March 1997 Administrative As.sistantIParalegal, Federal Defenders of Montan~ September 1993- September 1996 Administrative Assistant n, M;ontana Department of Revenue, April 1 990-September. 1993 Office"ManagerlLegal Secretary, O'Brien Law Office; May 1985-April1990 Legal SecretarylBookkeeper, .McClain & Dowdall, November 1984-May 1985 Legal SecretarylBookkeeper, Morales, Volinkaty & Haxr, March 1979-November 1984 Legal Secretary, Tipp, Hoven & Skjelset, February 1978-February 1979 19 '" . APPENDIX B Memorandum re2:ardin2: JAIBG Funds for Meridian 20.. '" ~ ,." -I 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 'J'he purpo$e oft11is memo is to summarize conversations 1 have had with Allan Miller of the DcpD.r1n~cnt of Juvenile Corrections (DIe) concerning the possibility ofrha City of Meridian waiving tllcir 2001 JATl3G funds to the City oflloise for ajuvenile i\CcounlabiHty program. Miller said that such a waiver could still be accomplished for the 2001 grant, and that DIe would encourage such an arrangement so that the funds arc \1liliz~d. Th~ City of Meridian will need to complete a. waiver form. which must subsequently be acct~pted by the City of Boise. 'lfycu have any further questions, do not hesitate to sive me a call. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR SILVERSTONE CORPORATE CENTER IN A C-C ZONE, LOCATED AT THE SOUTHEAST CORNER OF EAGLE ROAD AND OVERLAND ROAD, MERIDIAN, IDAHO THE SUNDANCE COMPANY, APPLICANT C/C 10/15/02 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-024 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use pennit application having come before the City Council on October 15,2002, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark of the Planning and Zoning Department, and Cornell Larsen, 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 1. A notice of a public hearing on the conditional use pennit was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 15,2002, before the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 ( 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 October 15,2002, public hearing; and the applicant, affected propelty owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full oppOliunity to express comments and submit evidence, 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 9967-6509, 6512, and Meridian City Code 99 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 repmi, 3. This proposed development request is in C-C zone and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The propeliy is located at the southeast corner of Eagle Road and Overland Road, Meridian, Idaho, 5. The owner of record of the subject property is Sundance Investments Limited Partnership, 9100 W. Blackeagle Dr" Boise, Idaho 83709. 6, Applicant is The Sundance Company, 9100 W. Blackeagle Dr., Boise, Idaho FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlVIIT - 2 83709. 7, The subject property is currently zoned C-c. The zoning districts of C-C 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 two (2) drive-through buildings on Lot 8, Block 1 of the Silverstone Subdivision, The C-C 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 Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 1] and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1, Landscaping and irrigation shall be installed as submitted. Landscaping and in-igation shall be installed prior to the issuance of a Certificate of Occupancy. A temporary Certificate of Occupancy may be obtained prior to the completion of the landscaping and irrigation, and plans shall include mitigation measures for any trees that are removed. 2. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian Ci.ty Code 11-13-4.D. 3, Parking shall be provided in accordance with the Meridian City Code, 4, A bicycle rack shall be required tor each building. 5. Sanitary sewer and water assessments will be evaluated during the remodel plan approval process to determine if additional assessments are warranted. 6. Developer shall execute a cross-access agreement between the lots subject to this application. General Comments 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking lot, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 2. Provide signage in accordance with the standards set forth in Section 11-14 of the city Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or p01iable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. Building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for al1 off-street parking areas, Storm water treatment FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\1IT - 4 and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Strom Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12- I C, Coordinate location and construction requirements with Sanitary Services, Inc. 6, A Celiificate of Zoning Compliance shall be obtained prior to applying for a building permit. 7. A Building Permit shall be obtained prior to the stati of construction. 8. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Celiificate of Occupancy for the proposed development. A temporary Celiificate of Occupancy may be obtained by providing surety to the City in the fOlm of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements, 9. This Conditional Use Permit shall be valid for a maximum period of 18 months. If constmction 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: I. Applicant must comply with the conditions of approval for the Silverstone Corporate Center Subdivision provided for MPPOI-OOI, MCUP02-002, and MAZOI-OOI. C. Adopt the Recommendations of the Central District Health Department as follows: I. Plans shall be submitted for a plan review for any food establishment. 2. It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact on groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain cunent best management practices for storm water disposal and design a storm water management system that prevents groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catolog of Stormwater Best Management Practices For Idaho Cities and Counties. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. D. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District's Eightmile Drain courses along the north boundary and the Ridenbaugh Canal courses along the south boundary of the above- mentioned proposed project The easements of the Eightmile Drain and the Ridenbaugh Canal must be protected. 2. All storm drainage must be retained on site and a Land Use Change/ Site application must be filed. E, Adopt the action"ofthe Council taken at their October 15,2002 meeting as follows: 1. The building that is designated as a credit union, shall be allowed to have another island contiguous to the one island designated on the plan, with a canopy. Therefore, the credit union shall be allowed two contiguous islands with drive-through and canopy. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Mixed Planned Development". 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. The 93' Comprehensive Plan Land Use Map (in effect at the time of submittal) designates the property as "Mixed Planned Development". It is found that the proposed drive- through use to be in compliance with the Meridian Zoning Ordinance and the adopted Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 16. It is found that the proposed drive-through buildings will be compatible with the other commercial uses in the general neighborhood and with the intended character of the general vicinity, which is essentially a mix of large and small commercial uses. 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 Ordinances. 18. It is found that the proposed development will be adequately served by the essential public facilities and services listed above. 19. It is found that the proposed use would not create additional requirements at public cost for public facilities and service and will not be detrimental to the economic welfare of the community. 20. It is not anticipated that the proposed use will be detrimental to the general welfare of the community by means of increased traffic, noise, smoke, fumes, glare or odors generated by the uses. 21. It is found that the proposed use will not create significant 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 refened to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PER.J.\1IT - 7 under the "Act" except tbe 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 othelwise 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 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 pennit to determine prior to granting the same tbat the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S ] 1-17-3) a, Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 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. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in the Commercial Business District (C-C), 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 9 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Pern1it, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this 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 9 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; 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 Impact 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 two (2) drive-through buildings on Lot 8, Block 1 of the Silverstone Subdivision in C-C zone at the southeast corner of Eagle Road and Overland 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 1. Landscaping and irrigation shall be installed as submitted. Landscaping and irrigation shall be installed prior to the issuance ofa Celiificate of Occupancy. A temporary Certificate of Occupancy may be obtained prior to the completion of the landscaping and irrigation, and plans shall include mitigation measures for any trees that are removed. 2. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. 3. Parking shall be provided in accordance with the Meridian City Code. 4. A bicycle rack shall be required for each building. 5. Sanitary sewer and water assessments will be evaluated during the remodel plan approval process to determine if additional assessments are warranted. 6, Developer shall execute a cross-access agreement between the lots subject to this application, General Comments 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking lot, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 2. Provide signage in accordance with the standards set forth in Section 11-14 of the city Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. Building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Strom Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 5. Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12- 1 C. Coordinate location and construction requirements with Sanitary Services, Inc, 6. A Certificate of Zoning Compliance shall be obtained prior to applying for a building penn it. 7. A Building Permit shall be obtained prior to the start of construction. 8. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 9. 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 stmi of development. B. Adopt the Recommendations of the ACHD as follows: 1. Applicant must comply with the conditions of approval for the Silverstone Corporate Center Subdivision provided tor MPPOl-OOl, MCUP02-002, and MAZOI-OOl. C. Adopt the Recommendations of the Central District Health Department as follows: 1. Plans shall be submitted for a plan review for any food establishment. 2. It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact on groundwater and surface water quality. The engineers and architects involved with the design oft11is project should obtain current best management practices for storm water disposal and design a storm water management system that prevents groundwater and surface water degradation, Manuals that could be used for guidance are: State of Idaho Catolog of Storm wa ter Best Management Practices For Idaho Cities and Counties, Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 D, Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District's Eightmile Drain courses along the north boundary and the Ridenbaugh Canal courses along the south boundary of the above- mentioned proposed project. The easements of the Eightmile Drain and the Ridenbaugh Canal must be protected. 2. All storm drainage must be retained on site and a Land Use Change/ Site application must be filed. E, Adopt the action of the Council taken at their October 15,2002 meeting as follows: 1. The building that is designated as a credit union, shall be allowed to have another island contiguous to the one island designated on the plan, with a canopy. Therefore, the credit union shall be allowed two contiguous islands with drive-through and canopy. 2. The conditjons shall be reviewable by the Council pursuant to Meridian City Code 9 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 Attol11ey draft an Order Granting Conditional Use Permit 111 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 Depmiment, the Public Works Depmiment and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the govel11ing body of the City of Meridian, pursuant to Idaho Code 9 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 and floodway 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 - 13 By action of the City Council at its regular meeting held on the /lit/vein 6vv, 2002. 6-/"h -- day of ROLL CALL: COUNCILMAN KEITH BIRD VOTED~a- COUNCILWOMAN TAMMY deWEERD VOTED~~ COUNCILWOMAN CHERIE McCANDLESS VOTED ~ VOTED ----f/!l-~ COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED ~ DATED: 11~6-02- MOTION: ~_ APPROVED: . DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Depmiment and the City Attomey, BY~#~~~~ City Clerk Dated: -, - Z:\ Work\M\Meridian\Meridian 15360M\Si Ivcrstonc Corp Cntr CUP02.024\FfClsCUP02-024.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR SILVERSTONE CORPORATE CENTER IN A C-C ZONE, LOCATED AT THE SOUTHEAST CORNER OF EAGLE ROAD AND OVERLAND ROAD, MERIDIAN, IDAHO THE SUNDANCE COMPANY, APPLICANT C/C 10/15/02 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-024 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 15th day of October, 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 ofthe Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for constmction of two (2) drive-through buildings on Lot 8, Block 1 of the Silverstone Subdivision in a C-C zone at the southeast corner of Eagle Road and Overland 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 FOR SIL VERSTONE CORPORATE CENTER -1 1. Landscaping and irrigation shall be installed as submitted. Landscaping and irrigation shall be installed prior to the issuance of a Certificate of Occupancy. A temporary Certificate of Occupancy may be obtained prior to the completion of the landscaping and irrigation, and plans shall include mitigation measures for any trees that are removed. 2. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. 3, Parking shall be provided in accordance with the Meridian City Code. 4. A bicycle rack shall be required for each building. 5. Sanitary sewer and water assessments will be evaluated during the remodel plan approval process to determine if additional assessments are warranted. 6. Developer shall execute a cross-access agreement between the lots subject to this application, Genera] Comments 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking lot, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 2. Provide signage in accordance with the standards set forth in Section 11-14 of the city Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. Building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4, Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal mllst be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Strom Water Best Management Practices for Idaho Cities and COllnties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. ORDER CONDITIONAL USE PERMIT FOR SILVERSTONE CORPORATE CENTER -2 5. Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12- 1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 6. A Certificate of Zoning Compliance shall be obtained prior to applying for a building pem1it. 7. A Building Permit shall be obtained prior to the staJi of construction. 8. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 9, 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: I. Applicant must comply with the conditions of approval for the Silverstone Corporate Center Subdivision provided for MPPOI-OOI, MCUP02-002, and MAZOI-OOI. C. Adopt the Recommendations of the Central District Health Depmiment as follows: 1. Plans shall be submitted for a plan review for any food establishment. 2, It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact on groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that prevents groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catolog of Storm water Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. ORDER CONDITIONAL USE PERMIT FOR SILVERSTONE CORPORATE CENTER -3 D. Adopt the Recommendations ofthe Nampa & Meridian Inigation District as follows: 1. The Nampa & Meridian Irrigation District's Eightmile Drain courses along the n01ih boundary and the Ridenbaugh Canal courses along the south boundary of the above- mentioned proposed project. The easements of the Eightmile Drain and the Ridenbaugh Canal must be protected. 2. All storm drainage must be retained on site and a Land Use Change! Site application must be filed. E. Adopt the action of the Council taken at their October 15, 2002 meeting as follows: 1. The building that is designated as a credit union, shall be allowed to have another island contiguous to the one island designated on the plan, with a canopy. Therefore, the credit union shall be allowed two contiguous islands with drive-through and canopy. 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 pennit. 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. By action of the City Council at its regular meeting held on the 6-I'L day of ttJ VCt/n-/.&vu Bye1~~ &-1'~ it l' Clerk :::: Z:\Work\M\Meridiun\Meridiun 15360M\Silverstonc Corp Cenlr AZOI-OO I PPO] -00 I CUPO 1-002\OrdcrG.tJP01- ~oc &>:.: ':;; ...C6 .f ~ ~ u --.. :::- ~ '7A ISr 1S1' ' '" -;"'VA 0r ~ ~.I: ~l ~ .........' - 4"'''il COur.rrt. \\...."\,' If. . \,,\ tltLn;..~ Hil,,1- Copy served upon Applicant, the Planning and Zoning Depmiment, Public Wor~I:D.<rRf}rtment \\\\ /,<// and City Attomey, ....\\\~l Of MtRl1" ill.',! ...;,; .<.... Vi.,q /.... ,'" ~, -1;1- 'l ~... (j oli\POFlA h - v -:;. .:: ,0 (::; ~ /1/ '7':-- ~~ 0 ~ Dated: I j -- I? ,,-,?l ~ 2 ~ ORDER CONDITIONAL USE PERMIT FOR SILVERSTONE CORPORATE CENTER BEFORE THE MERIDIAN CITY COUNCIL CIC 10-15-02 IN THE MATTER OF THE ) APPLICATION OF PINNACLE ) ENGINEERS, INC., THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 5.01 ACRES FOR ) PROPOSED DRAWBRIDGE ) SUBDIVISION, LOCATED ON THE ) WEST SIDE OF TEN lVIILE ROAD, ) APPROXIMATEL Y ~ MILE ) SOUTH OF McMILLAN ROAD - ) 4365 NORTH TEN MILE ROAD, ) MERIDIAN, IDAHO ) Case No. AZ-02-019 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 15, 2002, at the hour of 7:00 P,l11" and Brad Hawkins-Clark of the Planning and Zoning Department, Clint Boyle, and Frank Johnson, 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 9967-6509 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 cunent zoning maps FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONINGIDRA WBRIDGE SUBDIVISION (AZ-02-0 19) thereof, and the Comprehensive Plan of the 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 of the application for annexation and zoning is described in the application, and is approximately 5.01 acres in size, and is located on the west side ofTen Mile Road, approximately 14 mile south of McMillan Road - 4365 North Ten Mile Road, 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 Lee and Jill Woodbury, 4365 N. Ten Mile Road, Meridian, Idaho; and the applicant is Pinnacle Engineers, Inc., 12552 W. Executive Drive, Suite B, Boise, Idaho. 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 Rural Medium Density Residential District (R-3), with the intent to develop 9 building lots and 4 other lots, which include two landscape buffers and an open space/drainage lot, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Agricultural/Rural Residential. 7. The subject propeliy is bordered to the north, south and west by rural residential land, and to the east by the proposed Bridgetower Subdivision. 8. There are no significant or scenic features of maj or importance that affect the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION (AZ-02-0 19) i 9. The City Council recognizes the concerns of Wendel Bigham, Joint School District No.2, expressed in his letter of August 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: 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. Well 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 48 feet of right-of-way from the centerline ofTen Mile 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). OR Dedicate 38 feet of right-of-way from the centerline ofTen Mile 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 pel111its), 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION (AZ-02-0 19) 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 330 feet of 5 foot concrete sidewalk on Ten Mile Road abutting the parcel. If the sidewalk is located within 48 feet of right-of-way from the centerline, the sidewalk shall be located within the new right-of-way from the centerline, the sidewalk shall be located within the new right-of-way located 2 feet from the property line. In no case shaLl the sidewalk be constructed closer than 43 feet from centerline and the Applicant shall provide an easement for the sidewalk. 3. Close the existing driveway on Ten Mile Road, located approximately 140 feet north of the south property line, with landscaping, benning, temporary curbing, or other ACHD approved method to prohibit access to the driveways, as proposed. 4. Construct Grand Rapids Drive as a 36 foot street section within 42 feet ofright-of-way, located approximately 200 feet north ofthe south property line. For the portion of the sidewalk that meanders outside of the right-of-way, provide the District with an easement for the sidewalk. - 5. Construct a stub street to the property to the north as proposed an 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. Coordinate the signage plan with District staff. The Applicant should provide a paved temporary tumaround at the intersection of Grand Rapids Drivel Upriver Avenue with a temporary easement provided to the District as proposed, 6. IUhe Highway District establishes an extraordinary impact fee area for the North Meridian Area, Drawbridge Subdivision may be subject to and extraordinary impact fee. 7. No direct lot access to Ten Mile Road is proposed and none is approved with this application. Direct lot or parcel access to Ten Mile Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 8, 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 bome by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION (AZ-02-0 19) 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 celiify 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 confol111ance 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 confinnation 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 un less 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 - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION (AZ-02-0 19) C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That afire-flow of 1,000 gallons per minute shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. Show all fire hydrants within 500' of the project on the final plat. 2. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Depariment. 4. Final Approval of fire hydrant locations shall be by the Meridian Fire Depmiment. 5. All radii shall be 28' inside and 48' outside radius for the internal road system. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 ofthe Uniform Fire Code. 7, The roadways shall be built to Ada County Highway Standards for base material. 8, Any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround; this requirement may apply during the phasing of the project. 9. Increase radii from 45' to 50' on temporary turnaround. 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. 9 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 APPLICA nON FOR ANNEXA nON AND ZONING/ORA WBRlDGE SUBDIVISION (AZ-02-0 19) order to assure that the proposed use will not change the essential character ofthe 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 requested zoning designation, R-3, is harmonious with and in accordance with the effective Comprehensive Plan (93') and Generaljzed Land Use Map, which designates the land to be "Agricultural/Rural Residential". 14. It is not anticipated that there will be a future rezone of the subject property. 15. It is found that the proposed subdivision will be allowed within the requested R-3 zone. 16. It is found that the development of Bridgetower Subdivision to the east of the subject propelty would dictate that the property should be residentially zoned as well. The surrounding propelties are all rural residential properties and residential subdivisions, and it is found that the requested zoning designation ofR-3 is harmonious with the existing and planned adjacent developments. 17. It is found that the proposed use (large lots, detached single family residential) will not change the existing and intended rural/residential character of the area, 18, It is not anticipated that the proposed uses will be hazardous or dishlrbing to future or existing neighbors. 19. It is found that the propelty 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION (AZ-02-0 19) adjacent properties. Applicant shall also be subject to City of Meridian Sanitary Sewer Trunk E~pansion fees, currently proposed at $815.00 per dwelling unit. 20. It is found that there will not be excessive additional requirements at public cost for public facilities and that the annexation and zoning will not be detrimental to the community's economic welfare. 21. 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. 22. It is found that the subdivision's vehicular approach off of Ten Mile Road will create new interference with the existing traffic on Ten Mile Road, however, it is not believed that the subdivision entrance will cause significant interference on the surrounding public streets. 23. 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 are removed shaH be mitigated for, per the Landscape Ordinance. 24, It is found that the annexation of this property would be in the best interest ofthe City. 25. 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, Goal 8 Economic Development Chapter 3.1U,3.2U Land Use Chapter 2.1U FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DRA WBRIDGE SUBDIVISION (AZ-02-0 19) Transportation Chapter 1.19U,1.14 CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real propeliy 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 Section Goal 4, Goal 8 Economic Development Chapter 3.1U,3.2U Land Use Chapter 2.1U Transportation Chapter 1.19U, 1.14 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING/DRA WBRIDGE SUBDIVISION (AZ-02-019) 5. The zoning of Rural Medium Density District (R-3) is defined in the Zoning Ordinance at ~ 11-7-2 B as follows: (R-3) Rural Medium Densitv Residential District: The purpose oftbe R-3 District is to pennit the establishment of rural medium density single-family dwellings, and to delineate those areas where predominantly medium density rural residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of medium density rural residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-3 District allows for a maximum of three (3) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City, 6. Since tbe 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 ] 075 (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 peliains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the 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 OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 5.01 acres to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION (AZ-02-0 19) Rural Medium Density Residential District (R-3) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 5.01 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the, State ofIdaho, and shall conform to all the provisions oftbe 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 propelty 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. Well may be used for non-domestic purposes such as landscape iuigation. B. Adopt the Recommendations of the ACHD as follows; Site Specific Conditions of Approval 1. Dedicate 48 feet of right-of-way from the centerline ofTen Mile Road abutting the parcel by means of a wan-anty 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 (cun-ently Ordinance #195), FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION (AZ-02-019) OR Dedicate 38 feet of right-of-way from the centerline ofTen Mile Road abutting the parcel by means of a wananty 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 appl ication to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (cunently Ordinance #195). 2. Construct approximately 330 feet of 5 foot concrete sidewalk on Ten Mile Road abutting the parceL If the sidewalk is located within 48 feet ofright-of-way from the centerline, the sidewalk shall be located within the new right-of-way from the centerline, the sidewalk shall be located within the new right-of-way located 2 feet from the propeliy line. In no case shall the sidewalk be constructed closer than 43 feet from centerline and the Applicant shall provide an easement for the sidewalk. 3, Close the existing driveway on Ten Mile Road, located approximately 140 feet n011h of the south property line, with landscaping, berming, temporary curbing, or other ACHD approved method to prohibit access to the driveways, as proposed. 4. Construct Grand Rapids Drive as a 36 foot street section within 42 feet of right-of-way, located approximately 200 feet north of the south propeliy line. For the pOl1ion of the sidewalk that meanders outside of the right-of-way, provide the District with an easement for the sidewalk. 5. Construct a stub street to the property to the nOl1h as proposed an install a sign at the tenninus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street with District staff. Coordinate the signage plan with District staff. The Applicant should provide a paved temporary tumaround at the intersection of Grand Rapids Drivel Upriver Avenue with a temporary easement provided to the District as proposed. 6. Ifthe Highway District establishes an extraordinary impact fee area for the NOlth Meridian Area, Drawbridge Subdivision may be subject to and extraordinary impact fee. 7, No direct lot access to Ten Mile Road is proposed and none is approved with this application. Direct lot or parcel access to Ten Mile Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 8. Comply with all Standard Conditions of ApprovaL FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING/DRA WBRIDGE SUBDIVISION (AZ-02-0 19) Standard Conditions of Approval L Any existing ilTigation 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 ofldaho shall prepare and certify all improvement plans, 6. The Applicant shall submit revised plans for staff approval, prior to issuance of building pern1it (or other required permits), which incorporates any required design changes. 7. Construction, use, and propeliy 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 #] 95, 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 DIG LINE (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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION (AZ-02-0 19) 11. Any change by the Applicant in the planned use ofthe 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 propeliy 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-tlow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. Show all fire hydrants within 500' of the project on the final plat. 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 fire hydrant locations shall be by the Meridian Fire Depmiment. 5. All radii shall be 28' inside and 48' outside radius for the intemal road system. 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 for base material. 8, Any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround; this requirement may apply during the phasing of the project. 9. Increase radii from 45' to 50' on temporary turnaround. 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-3) Rural Medium 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION (AZ-02-0 19) mapping changes of the official boundaries and zoning maps as provided in Meridian City Code 9 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 ofthe governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected persanis 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 provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 6-1:b. day of ;<Iovef"""'~ , 2002. ROLL CALL COUNCILMAN KEITH BUill VOTED$a.- COUNCILWOMAN TAMMY deWEERD VOTED ~4.-- COUNCIL WOMAN CHERIE Me CANDLESS VOTED -f/!!-A- COUNCILMAN WILLIAM L.M. NARY VOTED --#.-a.-. MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1/- 6 -02- VOTED - MOTION: ~ APPROV~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ORA WBRlDGE SUBDIVISION (AZ-02-019) Copy served upon Applicant, the Planning and Zoning Depmiment, Public Works Department and the City Attorney. Byb~~~;rJ City Clerk Dated: /1-6 -tJ Z-- 1\\\'111111111'1 III1 C '-11"-"' /t~J ,II\.J Or rvit:.F>if"j -//; .;.~'".(::.. "\ f~~~:~14/'l~ .$ V of\.PORI/ ... '(,; ~ ~ -,G '<.f;-. -;. S ~~ 6 -;: . - - ;;: - - = SEAL = - ; ~~ &::: ... t;); ~q) 0 ~ -;. 7 "'-'{./n ...,.... ~:o ':;118\ . -<",,:; ~"... AI --~ r' tJ,~,.. .,,-- '" a.... \.:.) ~...,' "./~I (!!i ~:,,-,,~...,.,..1 .. \\"" 1'tli//i:;.~,.J',\~ ~ \ ,i'\\\,S\"'\ ; ~ : Z:\Work\M\Meridian\Mcridian ] 5360M\Dmwbridgc Sub AZ02-0] 9 PP02-0 15\AZFfCl&Ordcr.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION (AZ-02-0 19) BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 10/15/02 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR DRAWBRIDGE ) SUBDIVISION, LOCATED ON THE ) WEST SIDE OF TEN MILE ROAD, ) APPROXIMA TEL Y 1;4 MILE ) SOUTH OF McMILLAN ROAD, ) MERIDIAN, IDAHO ) ) BY: PINNACLE ENGINEERS, INC., ) ) APPLICANT ) ) Case No. PP-02-015 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 15, 2002, and Brad Hawkins-Clark for the Planning and Zoning Department, and Clint Boyle, and Frank Johnson, appeared and testified, and the City Council having received a report from David McKinnon of the Planning and Zoning Depmiment, and Bruce Freckleton, Engineering Technician III, and the City Council having received as pmi 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 SHOWING DRAWBRIDGE SUBDIVISION, A PORTION OF THE SE ~ OF THE NE ~ OF SECTION 34 TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO 2002, DRAWBRIDGE SUBDIVSION PRELIMINARY PLAT BOISE RIVER BUILDERS, DATE: 07-12-02, HANDWRITTEN DATE: 13 SEP 02, AND A STAMED RECEIVED DATE: SEP 13 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DRA WBRlDGE SUBDIVISION I (PP-02-01S) 2002 CITY OF MERlDIAN CITY CLERK OFFICE, DRAWN BY: DJL, DESIGNED BY: JOC, CHECKED BY: J.G. CARPENTER, P.E., PROJECT NO. C026076, SHEET PP-1, PINNACLE ENGINEERS, INC., BOISE RlVER BUILDERS - DEVELOPER, LEE AND JILL WOODBURY - OWNERS", Developer 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 find ings: FINDINGS OF FACT 1. That the proposed 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 propeliy is presently zoned Rural Medium Density Residential District (R-3), and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 B] 2, The preliminary plat is In COnf0l111anCe 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 fOlih 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 ORA WBRIDGE SUBDIVISION / (PP-02-015) 2 as stated on the preliminary plat there will be public financial capability of supporting services 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 f01ih. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT SHOWING DRAWBRIDGE SUBDIVISION, A PORTION OF THE SE ~ OF THE NE ~ OF SECTION 34 TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO 2002, DRAWBRIDGE SUBDIVSION PRELIMINARY PLAT BOISE RIVER BUILDERS, DATE: 07-12-02, HANDWRITTEN DATE: 13 SEP 02, AND A STAMED RECEIVED DATE: SEP 13 2002 CITY OF MERIDIAN CITY CLERK OFFICE, DRAWN BY: DJL, DESIGNED BY: JGC, CHECKED BY: J.G. CARPENTER, P.E., PROJECT NO. C026076, SHEET PP-l, PINNACLE ENGINEERS, INC., BOISE RIVER BUILDERS - DEVELOPER, LEE AND JILL WOODBURY - OWNERS". 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 CONCLusrONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DRAWBRIDGE SUBDIVrSION I (PP-02-015) 3 IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT SHOWING DRAWBRIDGE SUBDIVISION, A PORTION OF THE SE 1;4 OF THE NE 1;4 OF SECTION 34 TOWNSHIP 4 NORTH, RANOE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO 2002, DRAWBRIDGE SUBDIVSION PRELIMINARY PLAT BOISE RlVER BUILDERS, DATE: 07-12-02, HANDWRITTEN DATE: 13 SEP 02, AND A STAMED RECEIVED DATE: SEP 132002 CITY OF MERIDIAN CITY CLERK OFFICE, DRAWN BY: DJL, DESIGNED BY: JOC, CHECKED BY: lO. CARPENTER, P.E., PROJECT NO. C026076, SHEET PP-l, PINNACLE ENGINEERS, INC., BOISE RIVER BUILDERS - DEVELOPER, LEE AND JILL WOODBURY - OWNERS", 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 Conditions of Approval 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. 2, Applicant shall also be subject to City of Meridian Sanitaty Sewer Trunk Expansion fees, currently proposed at $815.00 per dwelling unit. 3. Underground year-round pressurized inigation must be provided to all lots within this development. Please submit hookup and design details based on the proposed landscaping. Primary water supply connection to the City's mains wi11 not be allowed without City Council approval. Applicant shall be required to utilize any existing surface or well water for the primary source. 4. A detailed fencing plan, in accordance with the Landscape Ordinance (MCC12- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROY AL OF PRELIMINARY PLAT DRAWBRIDGE SUBDIVISION / (PP-02-015) 4 13-15-9), shall be submitted upon application of the final plat. 5. Any tree over 4" in caliper that is removed f0n11 the property shall be replaced by installing additional trees, being the equivalent number of caliper inches oftrees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 6. Revise plat note number 9 as follows: (9) ...approved by ACHD and the City of Meridian. 7, The following note shall be added to the face of the plat (16) The fi:ont setback for this subdivision shall be twenty-five (25) feet from back of sidewalk. (17) Block 2, Lots 2,3,4, 5, and 7 are through lots and are subject to a twenty-five foot (25') building setback on the private Elk Bugle Lane. 8. Revise the plat to show a 25' wide landscape buffer (excluding the sidewalk) on Ten Mile Road. 9. Place "UNPLATTED" notations on the adjacent parcels to this subdivision. 10. The aforementioned retention pond shall have a three-to-one maximum slope and shall be designed to not retain water for a period greater than twenty-four (24) hours. 11. The plat shall include language setting out his project's compliance with and the Applicant's recognition of the Right to Farm Act, as requested by neighboring property owners. B, Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48 feet of right-of-way from the centerline ofTen Mile 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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DRAWBRIDGE SUBDIVISION J (PP-02-0 15) 5 (culTently Ordinance #195). OR Dedicate 38 feet of right-of-way from the centerline ofTen Mile Road abutting the parcel by means of a walTanty 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 330 feet of 5 foot concrete sidewalk on Ten Mile Road abutting the parcel. If the sidewalk is located within 48 feet of right-of-way ii-om the centerline, the sidewalk shall be located within the new right-of-way from the centerline, the sidewalk shall be located within the new right-of-way located 2 feet fi'om the property line. In no case shall the sidewalk be constructed closer than 43 feet from centerline and the Applicant shall provide an easement for the sidewalk. 3. Close the existing driveway on Ten Mile Road, located approximately 140 feet north of the south property line, with landscaping, benning, tempormy curbing, or other ACHD approved method to prohibit access to the driveways, as proposed, 4. Construct Grand Rapids Drive as a 36 foot street section within 42 feet of right- of-way, located approximately 200 feet north of the south propelty line. For the portion of the sidewalk that meanders outside of the right-of-way, provide the District with an easement for the sidewalk 5. Construct a stub street to the property to the north as proposed an 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. Coordinate the signage plan with District staff. The Applicant should provide a paved temporalY turnaround at the intersection of Grand Rapids Drivel Upriver Avenue with a temporary easement provided to the District as proposed. 6. lfthe Highway District establishes an extraordinary impact fee area for the North Meridian Area, Drawbridge Subdivision may be subject to and extraordinary impact fee. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROY AL OF PRELfMfNARY PLAT DRAWBRIDGE SUBDIVISION! (PP-02-015) 6 7. No direct lot access to Ten Mile Road is proposed and none is approved with this application. Direct lot or parcel access to Ten Mile Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 8. 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 bome by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damageq during the constmction 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 Constmction 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. Constmction, 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 constmction 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DRAWBRIDGE SUBDIVISION I (PP-02-015) 7 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10, No change in the telms 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 Meridian Fire Department Recommendations as follows: 1. That a fire-flow of 1,000 gallons per minute shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. Show all fire hydrants within 500' of the project on the final plat. 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 Depaliment. 4. Final Approval of fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius for the internal road system. 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 for base material. 8. Any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround; this requirement may apply during the phasing of the project. 9. Increase radii from 45' to 50' on temporary turnaround. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINAR Y PLAT DRAWBRIDGE SUBDIVISION I (PP-02-0 15) 8 day of 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 HeaIth & 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 CUlTent 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 Settler's In"igation District as follows: t. All ilTigation and drainage facilities! easements will need to be protected. 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, By action of the City Council at its regular meeting held on the A/C7V.em~ ,2002. , 6-t!:L FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DRAWBRIDGE SUBDIVISION I (PP-02-015) 9 ROLL CALL VOTED ~ COUNCILWOMAN deWEERD VOTED$t-- COUNCILMAN BIRD COUNCIL WOMAN McCANDLESS VOTED 4tiL.-- COUNCILMAN NARY VOTED ~c<-- MA YOR ROBERT D, CORRIE ~ VOTED (TIE BREAKER) ~ Copy served upon Applicant, The Planning and Zoning Department, Public Works ByJldl:c~ft~":J' ~ City Clerk (/ v ',\ \ Illl II II! III '" \" C Mtc '1'1 ,....\\ ~l Or t.::.RIi' 1//" ........~, V.I.."",, .:::.-"" -"- .-.001:) .. -1""" ~ .2 V' rOP' ''''11; ~ ... .;,.v ~O -::;. ,~ ~ '/-G-oz-f ~ Department and City Attomey. Dated: ... ~ .... ... Z:\Work\M\Meridian\Mcl'idian 15360M\Drawbridgc Sub AZ02-0 19 PP02-0] 5\FfClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DRAWBRIDGE SUBDIVISION / (PP-02-0 IS) 10 November 1 , 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department November 6, 2002 3-& ITEM NO, REQUEST Water Main Easement for Locust Grove LOS Stake Center: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DlSTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Memo / Easement NNYfl9 v,J/ {lurf Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ? , .,,' GiW of Meridian , " Public Woi'J(s, ,DeRf.' " '" , ~ ~ . '. emo To: Sharon Smith, Deputy City Clerk From:Gary D. Smith, PE CC: file Date: October 18, 2002 Re: Water Line Eas.ement RECEIVED OCT 2 1 2002 City Of Meridian City Clerk Office I would appreciate it if you could place this easement document on the Consent Agenda for the next available City Council meeting. This easement is for a water line to be located in the perimeter road of the Locust Grove LDS Stake Center as visually shown on Exhibit B attachment to the easement document. The water line is installed for purposes of fire protection. Staff Recommendation to City Council: Approve of this water line easement in favor of the City of Meridian and authorize Mayor Corrie and City Clerk Berg to sign on behalf of the City of Meridian. Thank you, From the desk of... Gary D. Smith. PE Public Works Director Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1297 WATER MAIN EASEMENT c'i?d Ab/B?'Y #.633--,?lP5"/ THIS INDENTURE, made this/;7~ay of .t9~, 20~between ~~t~,,=~~~CQC:;::BOIB the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party ofthe second part, and hereinafter called the Grantee~ WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation, maintenance, repair, replacement ofa water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Water Main Easement Page l EASMT. WTR.doc THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quite possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a Utah corporation sole r:-- r-' t-. """"6> ,,1 S CHRI 'JI'.(->._..,. II e'V ... 81' .... f ~~. · .. 0 .." .' ~ ~. b~~ 0 RA 1;d' ,.{' ~, 0:0 .j,;\~ '\ -t'. OF THE · -I, '" o. '". '1" a:. SEAL ~'..l >\ :J . · ";" '" :t. ..-0 c. ,~,,' o .'9. r>' " ~ · <::'.s- ,..,"", - \.:"">. ID'NG0..\:' ',.,, -,!~ .,' -~ .. I. t)' ~ ...J I - .::10.... ~~'" 7" -.... * ~ .,r;}'~ ,....,4'#Jf'$3-~ .' STATE OF UTAH ) :ss COUNTY OF SALT LAKE ) On this 17th day of October, 2002, personally appeared before me Terry F. Rudd, personally known to me to be the Authorized Agent of Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a Utah corporation sole, who acknowledged before me that he signed the foregoing instrument as Authorized Agent for the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a Utah corporation sole, and that the seal impressed on the within instrument is the seal of said Corporation; and that said instrument is the free and voluntary act of said Corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said Corporation and that said Corporation executed the same. NOTARY PUBLIC FLORA D, WRIGHT 50 E, N TEMPLE 51 12TH FLR 51\! T LAKE CITY. UT 84150 MY COMMISSION EXPIRES nCTOBER 10,2005 ", r ME OF UTAH WITNESS my hand and official seaL J4r.r ~ ~AL';h Notary Public My commission expires: October 10, 2005 Residing at: Salt Lake City, Utah Water Main Easement Page 2 EASMT. WTR.doc GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Water Main Easement Page 3 EASMT. WTR.doc ARRH,\\' Engineering & Surveying GPS, BOUNDARY, TOPOGRAPHIC AND A.L.TA SURVEYS CONSTRUcrrON STAKING 222 E. State Street · Suite B · Eagle, Idaho 83616 · office: 1 ~298.939~ 7373 · fax: 1-298-939-7321 ';1../lIBIT If Job No, 2002868 9-25-02 D .R.L. LEGAL DESCRIPTION FOR AMERICAN GEOTECHNICS Waterline Easement A parcel to be used for public waterline easement lying in the Northwest Y4 of the Northwest Y4 of Section 17, Township 3 North, Rangel East of the Boise Meridian described as follows: Commencing at the Northwest corner of Section 17, Township 3 North, Rangel East of the Boise Meridian and running thence South 503.41 feet along the West line of said section; thence N 89032'15" E 48,00 feet to a point on the West right-of-way line of South Locust Grove Road (said point being the POINT OF BEGINNING; thence East 143.83 feet; thence S 45008'42"E 137.08 feet; thence South 246.58 feet; thence West 241.00 feet to said right-of-way; thence North 20.00 feet along said right-of-way; thence East 221.00 feet; thence North 218.25 feet; thence N 45008'42"W 110.00 feet; thence West 143.00 feet to said right-of-way; thence North 27.42 feet along said right-of- way to the point of beginning. H(RllftIEST CORNER 11.'71 8 SEcn~ 17 &iJ 1 17 I ~I If t'~ ~,. -- ~ I- ~ ~ "\ ~ ;~ 7/////7~////// ./' I I II 1'1 I I j I I I II r-11J I I I t ~ , - " .- , . - , 0 - - - (I tJ~1l-\. LAN/) a. :/l) ;c; , "'" i.- - ~ - (h~ ~ '+~ ~- - I . ~~, 7 ~ ~ IlliP n ~ 7323 g II V I I II II ~-- ~'-2~j - .0 ~ ..,~ OF \~'"~ ~ V-- aJII t:Il ,....... ~-9~N - \.~~ - v-- ~ R. I-- V-- I-- I-- L/:-- fo- I- ~-- '-- I-- fK"Il V-- J I I " v-- .. l- f- ~ -- ~ tDRI l- )) [/ } : 0 l- I- ~ [ I- r- L - /-- l- i ] I I I I ~-- - - - ~ ~-~ - /-~ a:i - m - .1J - - /-f- - :rl - ~-~ E - ~ I - 'F=II f.........t ~ /-f- - --, - - /-~ I I I I f I I~I /I I I I I Hil r I I :/: .. ~ 13 =:= ~!~/Y,/)7///,fi/ . "/ >;:0'/'/1// ,,~ /h" '/ -~ i I ~~ . .... t "I I J I J I I I I fIi'~ I I I I I I t I J U1 I I November 1, 2002 MERIDIAN CITY COUNCIL MEETING November 6, 2002 APPLICANT Public Works Department ITEM NO. ;3 - fL REQUEST Water Main Easement for Silverstone Subdivision - Sundance Investments Limited Partnership: 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: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Memo I Easement {fti rfO v-U Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of MeridIan. RECEIVED OCT 1 4 2002 City of Meridian City Clerk Office To: Will Berg, Jr. From:Gary D. Smith, PE cc: file Date: October 14, 2002 Re: Water Main Easement - Silverstone Subd. Will: I request that the attached water main easement document be placed on the next available City Council Consent Agenda for action by the Council, This department has reviewed the easement drawing and legal description and finds it acceptable for approval. Public Works Department Recommendation: We recommend that the City Council approve of this easement and authorize signatures by Mayor Corrie and City Clerk Berg, on behalf of the City of Meridian, on page 3 of the easement document. Thank you, ~~ Gary D. Smith, PE From the deskoL. Gary D. Smith, PE Public Works Director Meridian Public Works Department 66OE. WatertowerLane,Suite200 Meridian,. Idaho 83642 . Page 1 (208) 898-5500 Fax; (208) 887-1297 WATER MAIN EASEMENT THIS INDENTURE, made this 2- day of 10 , 20illbetween Sundance Investments Limited Partnership, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently COlUlect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHlBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing other maintenance or making subsequent cormection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Silverstone Access Driveway Water Main Easement Page I S i lverstone- Access- WTR.doc THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever, IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written, GRANTOR: SUNDANCE INVESTMENTS UMITED PARTNERSHIP C{l. ~~ Chris Anderson Vice-President of Sundance Company and Authorized Agent of Sundance Investments Limited Partnership STATE OF IDAHO ) ) ss County of Ada ) On this ~. ..\.\\ day of C-=-c_\ (\ t::.>c v. ,20 C"2,before me, the undersigned, a Notary Public in and for said State, personally appeared Chris Anderson, known or identitied to me to be the Vice-President and Authorized Agent ofSundance Investments Limited Partnership who subscribed said partnership name to the foregoing instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written, ." II ......., .., ~ p I) I" .. ~ ~ ~o , ~""~<(;;y..",,.,,:,\C"'o ".". I vr ;p \. : ~OTAl?r :. . . : * _._~ * ! · C. '\ . PUBL\ i ~ v>;. .... 0 ~ ~.. -1]' ....... to-~ ",.." "",,,, II OF \~ ......... I",.U r"'" Silverstone Access Of veway Water Main Easement /-, ~-- ( , . \ '\ .- N'o~~;~~~~~~'R~~~~;--- Residing at D)\ ~)t', \d Commission Expires: \2 . - \ l.o - t.. "} ~-c- , Page 2 Silverstone-Access- WTR.doc GRANTEE: CITY OF MERIDIAN Robert 0, Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Silverstone Access Driveway Waler Main Easement Page 3 Si Iverstone- Access- WTR.doc l ALEY'S LAND SURVEYING (. 2501 Bogus B...."'ln Rd. . Boise, Idaho 83702 (208) 385~0636 Fax (208) 385~0696 Project No,: 2493 Date: October 7,2002 EXHIBIT "A" DESCRIPTION OF WATER LINE EASEMENT FOR PROPOSED SILVERSTONE SUBDIVISION No.3 A 20.00 foot wide parcel of land being a portion of Block 1 of Silverstone Subdivision as on file in the Office of the Ada County Recorder, Boise, Idaho said parcel being situated in the NW 1/4 of the NW 1/4 of Section 21, T.3N., R.1 E" B.M., Meridian, Ada County, Idaho. The boundaries of said parcel are located 10.00 feet on each side of the following described centerline: COMMENCING at a brass cap marking the Northwest corner of said Section 21; thence along the North line of said Section 21 South 89013'50" East 619.01 feet to a point; thence leaving said North line South 00014'50" West 55.00 feet to a point on the North line of said Block 1 of Silverstone Subdivision which line is also the South right-of-way line of West Overland Road, said point being the POINT OF BEGINNING; thence continuing South 00014'50" West 67.63 feet to a point thence North 89045'10" West 112.13 feet to a point; thence South 00014'50" West 77.81 feet to a point; thence at right angles North 89045'10" West 41.00 feet to a point; thence returning South 89045'10" East 41.00 feet to a point; thence South 00014'50" West 19.25 feet to a point; thence South 45014'50" West 67.21 feet to a point; thence South 78059'50" West 6.27 feet to a point; thence at right angles South 11000'10" East 39.00 feet to a point; thence returning North 11000'10" West 39,00 feet to a point; thence South 78059'50" West 74.15 feet to a point; thence South 56029'50" West 57.15 feet to a point; thence at right angles North 33030'10" West 32.00 feet to a point; thence returning South 33030'10" East 32.00 feet to a point; thence South 56029'50" West 24.65 feet to a point; thence South 33059'50" West 37.06 feet to a point; thence South 11029'50" West 63.72 feet to a point; thence at right angles South 78030'10" East 34.00 feet to a point; thence returning North 78030'10" West 34.00 feet to a point; thence South 11029'50" West 49.13 feet to a point; thence South 33059'50" West 31.24 feet to a point; thence North 89045'10" West 102.76 feet to a point; thence at right angles North 00014'50" East 22.00 feet to a point; thence returning South 00014'50" West 22.00 feet to a point; thence North 89045'10" West 17.71 feet to a point; thence South 00014'50" West 130.56 feet to a point; thence North 89037'41" West 77.00 feet to a point on the West line of said Block 1 of Silverstone Subdivision, which line is also the East right-of-way line of South Eagle Road, said point being the TERMINAL POINT of the centerline of this parcel. 2493-Water.ease.doc - dnm 17 20 16 21 ~ W, OVERLAND ROAD ~~'..@'50'E 619,01' "" :::: 0 ~ <( o ~ cc:: ~ w ~ ..J o g, <( W (/)1 1(1) POINT PARCEL liD II PARCEL liE II N 89'45'10" VI 41.00' PARCEL "F" PARCEL "(*' I I I ! I. I 1 I~~ N 89'37'41" wJ 77,00' I I s ru ~L~!2 0'> "? l-. [V5Y r N 00.14'50' E :;-/6r-- 22,00' -)/0'>' .... S? .... ) 8.30'/0" E , 34 00' '10276'- "V / . N 89'45'10" _-J' 120.47' CENTERLINE OF PROPOSED WATER LINE CENTERED IN 20' WIDE EASEMENT PARCEL "B" 20' CITY OF MERIDIAN WA TER LINE EASEMENT ..v. PARCEL lIA " 10 CJ} J o 1 50 100 I I SCALE IN FEn I' = 100' 200 I TERMINAL POINT ~'~~",t.'1-. '~d..j"~'-i ;:-8 <;7 -0:2' "7"4~-":"2"~ '-Jo-6i1-nc"". LINE L-I L-2 LINE TABLE LENGTH 31.24 37.06 BEARING S 33"59'50" w S 33 "59 '50" w EXHIB IT "B" 20' WATERLINE EXHIBIT FOR SIL VERSTONE SUBDIVISION A PORTION OF PARCELS A THRU F OF PARCEL LINE ADJUSTMENT OF LOTS 2, 6-8 & II, BLOCK I, SILVERSTONE SUSD., THE NW 1/4 NW 1/4, SECT 21. T.3N . R IE , B ,M,. MER1DAIN. ADA .cOUNTY_~JQAH-O November L 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST November 6, 2002 ITEM NO. 3--8 Sanitary Sewer Easement for Treasure Valley Business Center Phase I -- Gemtone, Inc. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FJRE 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 See Attached Memo / Easement ~ ClJf1~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED OCT 2 9 2002 City Of Meridian City Clerk Office To: Sharon Smith from:Gary D. Smith, PE CC: file Date: October 28, 2002 Re: Sanitary Sewe~ Easement - Gemtone, Inc. Sharon: I would appreciate it if you could place this easement on the next available City Council Consent Agenda for Council decision. Recommended Action: Accept this easement in favor of the City of Meridian by Gemtone, Inc. for a sanitary sewer line to be located in Lot 1, Block 4 of the Treasure Valley Business Center Phase I, for the Mayor to sign and City Clerk to attest. )k you, Garyr:r::: From the desk of.., Gary D. Smith, PE Public Works Director Meridian Public Works Department 660 E, Watertower Lane, Suite 200 Meridian,. Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1297 SANITARY SEWER EASEMENT THIS INDENTURE, made this day of ,20 between Gemtone Inc., the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBlT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-oF-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSL Y UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed 20613 EASMT.SWR.doc any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed ofthe aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. fN WfTNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: OF fDAHO ) ) ss County of Ada ) On this .~/\ day of (jrtC1tlJ.\ ,20 li., before me, the undersigned, a Notary Public in and for said State, personally appeared Thomas T. Wright, known or identified to me to be the President of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same, OF, f have hereunto set my hand and affixed my official seal the day ~# . Residing at ~-p\~/ . Commission Expires: '\).3{'}'\ 20613 EASMT. S WR.doc GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: 20613 EASMT,SWR,doc EXHIBIT "A" DESCRIPTION OF CITY OF MERIDIAN SANITARY SEWER EASEMENT PROPOSED TREASURE VALLEY BUSINESS CENTER NO.2 SUBDIVISION October 8, 2002 An easement for sanitary sewer facilities in Lot 1, Block 4, Treasure Valley Business Center Phase 1, located in the NE 'Y.t of Section 8, Township 3 North, Range 1 East of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of Section 8, T, 3 N" R. 1 E., B.M., thence S 01008'45" W 1024.72 feet along the east line of said Section 8 to the intersection with the centerline of Florence Street; Thence N 88051 '15" W 340,00 feet along said centerline to a point; Thence S 01008'45" W 40.00 feet to the northeasterly point of curvature at the northwest corner of Lot 1, Block 4, Treasure Valley Business Center Phase 1; Thence S 88051 '15" E 33.29 feet along the north boundary of said Lot 1 to the BEGINNING POINT of this easement centerline description, said easement being 20 feet in width and centered on the following described line; Thence S 01008'45" W 42.93 feet to a point; Thence N 90000'00" E 60.25 feet to a point; Thence S 00000'00" E 262.00 feet to the END POINT of this easement centerline. 206 I 3ssease EXHIBIT "s" 5 4 TREASURE VALLEY BUSINESS CENTER PH. 1 8 9 .- I 0... (t W I- Z W 0 f'l (f) (f) ;{ W 0 Z - 0 (f) ..J :J L...J m m > <( . >- l() L...J W > f- ..J :J 0 ..J 0 <{ ..J > Z W (t :J (f) <{ W (t f- ;~ L -1a'1s- J LOT 1 1, BLOCK 1 ~ N r--. -q: N o E. FLORENCE STREET - ~ 88'5!'!5"W 340.00' 10"lS- _I- S t'08'45"W 42.93' N 90'00'00.E 60.25' /X"X to' , , U) U) W Z ~~ m'- ~ 0>.-;:[ 9::JD. m.Jo:: ~~~ I-WW 00::0 ..J:J B ~ PROPOSED LOT 1 S OO'OO'OO.E 262.00' Ln ~ N CI 0'> <C "<t- u;;, 0 N 0::: L...J --l 3: c.=> , <C <n L...J ."<t- 0Cl z: 0 I 0 (/) PROPOSED LOT 2 BLOCK 1 \ } / ~\ PROPOSED LOT 3 9 LOT 1, BLOCK 1 GEMTONE CENTER NO. 1 BRIGGS ENGINEERING. INC. CITY (~) (208)344-9700 1 BOO W. OVERLAND ROAD BOISE, IDAHO 83705 OF MERIDIAN SANITARY SEWER EASEMENT PROPOSED TREASURE VALLEY BUSINESS CENTER NO, 2 LOCATED IN THE NE 1/4 OF SECTION a, T,3N., R.1E., 8,M., MERIDIAN. AOA COUNTY, IDAHO DRAFT SCALE DATE DWG,NO. MEM NTS 10/8/02 20613 REVISION SHEET 1 OF 1 DESIGN EXHIBIT November 1,2002 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST November 6, 2002 ITEM NO. 3-"\ Sanitary Sewer and Water Easement - Marcon, Inc. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERI DIAN 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: OTH ER: Contacted: COMMENTS See Attached Memo / Easement ~~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ECElVEn OCT 3 , 2002 C~ty Of Meridian CIty Clerk Office To: Sharon Smith From:Gary D. Smith, PE CC: file Dat.e: October 30, 2002 Re: Sewer and Wa~er Easements Sharon: Attached are three (3) sanitary sewer and water main easements that I would like to have placed on the City Council Consent Agenda for the November 5th meeting, if possible. :)(... 1. Sanitary Sewer and Water easement by Marcon, Inc., 6236 E. Hunt Avenue, Nampa. 2. Sanitary Sewer and Water easement by Ronald Van Auker, 3084 Lanark, Meridian. 3. Sanitary Sewer and Water easement by Haz-Tech Holding, Inc. I 1 Wildwood, Garden Valley. The easement description and small map graphically showing the easement is attached to each easement document. Recommended Action: Accept these easements in favor of the City of Meridian by the owners as listed above for a sanitary sewer and water line as described, for the Mayor to sign and City Clerk to attest. From the desk of.,. Gary D. Smith, PE Public Works Director Meridian Public Works Department 660 E, Watertower Lane, Suite 200 Meridian,. Idaho 83642 e Page 1 (208) 898-5500 Fax: (208) 887-1297 SANIT ARY SEWER AND \V ATER MAIN EASEMENT THIS INnENTURE, made this & day of ~ ,200.+between MartinSwigertLLP.c/o Marcon, Inc.. 6236 E, Hunt Avenue, Nampa, ill 83687, the parties of the first part, and hereinafter called the Grantors, and, the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and \VHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS,., it wi II be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grailtee the right-of-way for an casement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is [or the purpose of construction and operation of sanitary sewer and water mains and thcir allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said casement and right~of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and betvieen the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition eomparab Ie to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible fOT repairing, replacing OT restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush or perennial shrubs or flowers within the area described for this casement, which would interfere with the use of said easement, for C:\projectS\2001 \01 \10107 - MarCon Sllb\Corrcspondence\OU[-going\samtarY$ewcr&water.ea.~.doc Page 1 EASMT.SW.doc Received Time Oct. 16. 10:14AM r'.k:Ji::i -~, -- ~--~ ---- the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of~way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent) such right-of~way and easement hereby granted which lies within such boundary thereof Of which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract efland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN" WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first hereinabove written. GRANTOR: ~o-L- - President STATE OF IDAliO ) ) ss. County of Ada ) On this / & day of Of} t , 20t.2" before me, the undersigned, a Notary Public in and for said S tate, personally appeared E /(11 n e fJ'I{./ t' f 1/) and Tr..I '-I II ku' f II ! , knoW11 or identified to me to be the President and Secretary, respectiveiy, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same-. IN WITNESS \VHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Resi.ding at Ldll C!l.'L'-ld.- My Commission Expires - .? 3 c.y Received Time Oct.16~ lQ;14AM t-'.l:1':J GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved by City Council on: C:\prujccts\200 1 \0 1 \ 10107 - MarCon Sub\Correspondence\Oul-going\sanitarysewer&w<l.ter.eas.dot: Page 3 EASMT.SW.doc Receiv~d TjrneQ.cLI6. 10:14AM EXHIBIT "A" DESCRIPTION OF CITY OF MERIDIAN SANITARY SEWER AND WATER LINE EASEMENT MARTIN SWIGERT LLP PORTION October 15, 2002 An easement for sanitary sewer and water line facilities located in the SE % of Section 11, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of Section 11, T. 3 N., R. 1 W., B.M., thence N 0"58'56" W 1302.11 feet along the east line of said Section 11 to a point; Thence S 89"30'19" W 598.51 feet to a point on the easterly boundary of the Martin Swigert property, the REAL POINT OF BEGINNING of this description; Thence S 89030'19!' W 473.52 feet to a point; Thence S 0"58'56" E 76.00 feet to a point; Thence S 89030'19" W 100.00 feet to a point on the west boundary of the Martin Swigert property; Thence N 0"58'55" W 116.00 feet along said west boundary to a point Thence N 89030'19" E 15.00 feet to a point; Thence S 0058'55" E 10.00 feet to a point; Thence N 89030'19" E 548.52 feet to a point; Thence N 0058'56" W 10.00 feet to a point; Thence N 89"30'19" E 10.00 feet to a point on the easterly boundary of the Martin Swigert property; Thence S 0"58'56" E 40.00 feet along said boundary to the REAL POINT OF BEGINNING of this description. Michael E. Marks, P.L.S. IOI07Swease2 , \ -l, EXHIBIT uBn UNPlATTED lHOOH SIIIRIlIE IIMJl(W) 'J{f/ R.n.'. ,-- I I I -----,- - I I I I I I N 89'30'19" E 10.00' I ~r ~~~~~~'56. E ~O.OO' o t:............................ ............................................ ................ ................. ...... ..........r ~.~ f::::::::::::::::::::::::::::::::::::::i:';'~:.~:~:~.~:~:;,:~:g.;.:~::: :.;.:.;.;.;.;. i~:i~~ ~a~ ~~.~i :~: ~ :~: ~ ~:; ~ :~:~ ~:~: ~:.:.::; ~:-:- - 5~ ;' l'~:}}}}~:}}~:}}~:~~~ I S 89'30'19" W ~~ ::::::::..:::::::::::~ O.<.fi Z I q 6 ::~:~:.:.:.:~:~:~:.:~:.:.:.:.:':.:.:.:.:.I ~ . ~ o. F~::::;'~;~i~'~'~ m ~ r i: I S 89'30"9" W I Ei ~ i~ ~ - ;f2 I 14 113 MAR TI N SWIGERT LLP I I I BRIGGS ENGfNE:ERNG. INC. (~) CITY OF MERIDIAN SANITARY SEWER AND WATER LINE EASEMENT MARTIN SWIGERT LLP PORTION LOCATED IN THE SE 1/4 OF SECTION 11, T.3N., R.1W., 8.M., MERIDIAN, ADA COUNTY, IDAHO DESIGN DRAFT SCALE DATE DWG.NO. MEM NTS_ _lQ/l.5/02~ 10107 (208)344-9700 1800 W. OVERLAND ROAD BOISE. IDAHO 83705 I I I. I I I REVISION SHEET 1 OF 1 EXHIBIT November 1 , 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST November 6, 2002 ITEM NO. 3- Ll Sanitary Sewer and Water Easement - Ronald Van Auker: 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 See Attached Memo I Easement a;ppo~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED OCT 3 1 2002 qty Of Meridian CIty Clerk Office To: Sharon Smith From:Gary D. Smith, PE cc: file Date: October 30, 2002 Re: Sewer and Water Easements Sharon: Attached are three (3) sanitary sewer and water main easements that I would like to have placed on the City Council Consent Agenda for the November SIt1 meeting, if possible. 1. Sanitary Sewer and Water easement by Marcon, Inc., 6236 E. Hunt Avenue, Nampa. ~ 2. Sanitary Sewer and Water easement by Ronald Van Auker, 3084 Lanark, Meridian. 3. Sanitary Sewer and Water easement by Haz-Tech Holding, Inc. , 1 Wildwood, Garden Valley. The easement description and small map graphically showing the easement is attached to each easement document Recommended Action: Accept these easements in favor of the City of Meridian by the owners as listed above for a sanitary sewer and water line as described, for the Mayor to sign and City Clerk to attest From the desk of... Gary D. Smith,. PE Public Works Director Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898.S5OO Fax: (208) 887-1297 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 1S(kiay of Oof-oJxr , 2QJ~etween Ronald Van Auker, a married man.. 3084 Lanark, Meridian. ill 83642 , the parties of the rITst part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the G:rantee; WITNESSETH: WHEREAS~ the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground. pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration o[the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an casement for the operation and maintenance of sanitary sewer and water mains over and across the following described property; (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is fOf the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repaif and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successo~s and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a'condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restpring any'permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, bmsh or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said ea<;ement, for C:\pcojecls\200 1 \01 \ 1 D1 07 - MarCon Sllb\Correspondence\Out-going\sanitarysewer&w4l.lerV A.cas.doc Page 1 EASMT.SW.doc Receiveu Time Oct.l6. IO:14AM the purposes!s~ated herein. THE GR..ANTORS hereby covenant and agree with the Grantee that should any part of the right-of"way and easement hereby granted shall become part of, or lie within thc boundaries 9f any public street, them., to such extent, such rigln.of-way and easement hereby granted which lies within such bounp.ary thereof or which is a part thereof, shall cease and b=ecome null and void and of no further effect and shall be completely relinq uished. THE GR.A.NrORS do herebycovcnant with the Grantee that they are lawfullyscized and possessed ot the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title ana quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hcreUIlto subscribed their si.gnatures the day and year first hereinabove written. STATE OF IDAHO ) ) 55: County of ADA On this g;;j(h day of October, 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared Ronald W. Van Auker known or identified to me to be the person that executed the foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereto set my hand and affixed my official seal the day andyear:;jf,l)hiS certificate firs 'tten. ~,. <;?~ -::>0 '~?:;\;'6 :;;.~. ","'-J ' ,-'-. ~;;:o, ..(P \.0;;', !, ~,': 7"": " > "~?;; , \ II " ~.; .~: ,; {-~{-oL}. ~, . r~G] :; 9- \:"" _ ,'~ '.-J.... , ~) ;;7 ~. t'r). u u, 0 \... ""~ ~;-. ..1..-; _ _ _ _ .:_.i~t"> ~'s..~' _t.~ ~C: a)-, CV-0l).'~h- ~ ?v-~.;r r:;) ~q; -: ': 2 (':J ~9 -~.<:,~~~ <7Cql).,.. .~", ~aia~~.ii=i.i_1-"'" C:\projccts\200 1 \0 I \10107 - MarCon Sub\Cocrc~'Pondcnce\OU[-gojng\sa.nitaryscwer&waterV A.eas,Joc Page 2 EASMT.SW.doc Received Time Oct.lB. 10:14AM GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg. City Clerk Approved by City Council on: C:\projecrs\2001 \0 1 \l 0 107 - MarCon Sub\Correspondem:e\Out-going\sanitarysewcr&waterV A.eas.doc Page 3 EASMT.SW.doc R 8.C ~ i.v8 ~ Tim efuJ.] 6. ] 0 : 1 4AM EXHIBIT "A" DESCRIPTION OF CITY OF MERIDIAN SANITARY SEWER AND WATER LINE EASEMENT RONALD W. VAN AUKER PORTION October 15, 2002 An easement for sanitary sewer and water line facilities located in the SE 1'4 of Section 11, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of Section 11, T. 3 N., R. 1 W., B.M., thence N 0"58'56" W 1302.11 feet along the east line of said Section 11 to a point; Thence S 89030'19" W 1172.03 feet to a point on the easterly boundary of the Van Auker property, the REAL POINT OF BEGINNING of this description; Thence S 89030'19'! W 12.00 feet to a point; Thence N 0"58'55" W 30.00 feet to a point; Thence N 89030' 19" E 12.00 feet to a point on the easterly boundary of the Van Auker property; Thence S 0058'55" E 30.00 feet along said boundary to the REAL POINT OF BEGINNING of this description. Michael E. Marks, P.L.S. 10 107S wease3 EXHIBIT "B" UNPlATTED lIGON SIOl1lN: PII.A(W) 'J{f/ R.n... I I ~I >1 . I 51 o -1 <( Z o cr BRIGGS ENGINEERING. INC. (~) (208).344-9700 1800 w. OVERLAND ROAD _ !lOISE, rOAH9~ ~.3 705 CITY OF MERIDIAN SANITARY SEWER AND WATER LINE EASEMENT RONALD W. VAN AUKER PORTION LOCA TED IN THE SE 1/4 OF SECTION 11, T.3N., R.1W., 8.M., MERIDIAN. ADA COUNTY, IDAHO DESIGN.. DRAFT SCALE DATE DWG.NO. MEM- - NTS - -- --10/15/02 10107 REVISION SHEET 1 OF 1 EXHIBIT ] I I I I Iz Z'~ . I~ <J> ::::0 . 0> r ' 0-1== )> Z._ ogl~ 14 I 13 November 1,2002 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST November 6, 2002 ITEM NO. Sanitary Sewer and Water Easement -- Haz-Tech Holding, Inc.: 3-V 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 See Attached Memo / Easement ~ ~ Date: Phone: Materials presented at public meetings shaJl become property of the City of Meridian. j .. City of Meridian Public Works Dept. Memo RECEIVED OCT 3 1 2D02 C~ty Of Meridi CIty Clerk Offi: To: Sharon Smith From:Gary D. Smith, PE CC: file Date: October 30, 2002 Re: Sewer and Water Easements Sharon: Attached are three (3) sanitary sewer and water main easements that I would like to have placed on the City Council Consent Agenda for the November 5th meeting, if possible. 1. Sanitary Sewer and Water easement by Marcon, Inc., 6236 E. Hunt Avenue, Nampa. 2. Sanitary Sewer and Water easement by Ronald Van Auker, 3084 Lanark, Meridian. * 3. Sanitary Sewer and Water easement by Haz~Tech Holding, 'nc. , 1 Wildwood, Garden Valley. The easement desaiption and small map graphically showing the easement is attached to each easement document. Recommended Action: Accept these easements in favor of the City of Meridian by the owners as listed above for a sanitary sewer and water line as described, for the Mayor to sign and City Clerk to attest Fromthedeskof... GiII}' D. Smith. PE Public Works Director Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1297 U~I-10-~~~~ ~~.~L SANITARY SEWER AND WATER l\1AIN EASEMENT THIS INDENTURE, made this ~day of ~d . 21X1~ between Haz- Tech Holding Inc,. 1 WildwQod. Garden Valley, ill 83622 , the parties of the fIrst part, and hereinafter ealled the Grantors, and the City ofMeridial1, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the Pliemises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS; it will be necessary to maintain and service said pipelines fTOm lime to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the GJ:"antee the right-of-way for an easement [or the operation and maintenance of sanltary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The casement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with thelrmaintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's succeSSQrs and assigns [oJ:"ever. IT IS EXPRESSL Y UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement.. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this cascn1L-'1lt, THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush or perennial shrubs or flowers within the area described [or this easement, which would interfere with the use of said easement, for C:\projects\200 I'O 1 \10 107 . MarCon Sub\Correspondeoce\Om-going\saniraryscwcr&watcrHazTccb.eas.doc Page 1 EA.SMT.SW.doc Received Time Oct. 16. 10:14AM WvJ ~u ~~~G ~~.~~ P.03 the purposes staled herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of. or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatun;s the day and year first hereinabove written. GRANTOR rf~ President ~~ Secretary ~t Co~ ,\,\\\ILIII/IIII ", --{ p... 8t-4y 1// :::;-"<vv'" ...... <0//-:, ~ ~ .. ~ .. co+- ~ i .: ~OTAA J.':', % - - _ -1II_ _ - - STATE OF IDAHO ) } 58. County of Ada ) On thiscQt'1ay of cx....Ja~" 200), before me, the undersigned, a Notary Public Tn and fOT said State, personally appeared g;br t ('tJr,1 and Z /4. (r1 e ('or (l , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such cOIporation executed the same; ::: ....PUBLlC. 2 ~!.PJ- ..~. ..... 0 ,~ /// -1,. ..;.. \\\ tIll E: OF 10",\'\ JI/lrlllli\\\ Commissinn Expires 3.27 -;;>'1",' IN"WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the d'dY and year in this certificate first above mitten. C:\projecrs.\2001 \0 1\ 10107 - MarCon Sub\Correspondence\Out-going\sanitaryscwer&waterHa:;o;Tecb.eas.doc Page 2 EASMT.SW.doc R e c e i ve d Tim e Oc t . I 6, 10: 1 4AM OCT-15-2002 10:22 P.04 GRANTEE: CITY OF MERIDrAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved by City Council on: C:\projects\200 1 \01 \ lOI 07 - MarCon Sub\Correspondenct:\Oul-going\sanitarysewer&warerFfazTecb.eas.doc Page 3 EASMT.5W.doc Rece i udTlmLQct ,]6. 10: 14AM EXHIBIT "A" DESCRIPTION OF CITY OF MERIDIAN SANITARY SEWER AND WATER LINE EASEMENT HAZ~ TECH HOLDING INC PORTION October 15, 2002 An easement for sanitary sewer and water line facilities located in the SE % of Section 11, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of Section 11, T. 3 N., R. 1 W., B.M., thence N 0"58'56" W 1302.11 feet along the east line of said Section 11 to a point; Thence S 89030'19" W 48.00 feet to a point on the westerly right of way of Linder Road, the REAL POINT OF BEGINNING of this description; Thence S 89030'19" W 550.51 feet to a point on the west boundary of the Haz-Tech property; Thence N 0058'56" W 40.00 feet along said west boundary to a point; Thence N 89"30'19" E 5.00 feet to a point; Thence S 0058'56" E 10.00 feet to a point; Thence N 89"30'19" E 223.00 feet to a point; Thence N 0058'56" W 10.00 feet to a point; Thence N 89"30'19" E 16.00 feet to a point; Thence S 0"58'56" E 10.00 feet to a point; Thence N 89030'19" E 304.51 feet to a point on the westerly right of way of Linder Road; Thence S 0"58'56" E 30.00 feet along said right of way to the REAL POINT OF BEGINNING of this description. Michael E. Marks, P.L.S. IOI07SWeasel EXHIBIT "8" UNPlATTED IHOON 9onut: INJ<<W) 'J{f/ R.n." I I I HAZ-TECHI HOLDING INC. i I L 89'30"9" E 18.00' I i IN 89'.30'19" E 500' . , " '~ IS 00'29'41"E 3000' Is 00'58'56"'E 10 00' N 005856 W 10.00 S 00'58'56" E 10.00' . , ". , . ~ .....~ :o.~. ..~.~i~~~~ .~. ~~~:~~ ~m~: '.(~.7."'~i.\i1""'i~lH~ q~.~~,~.,:":,",.";".",,,,.,:":.,,-V (:: 30 19 W 4800 '.:::::::::::::.:.:.:::::::::::.:.:.::::::::::::::::::::::::::::::::::::::::::::::::::::::::2 .&1:~~ ~~;::9~:::::::~~~~::::::i~::::::::::::::::::::::::::::::::::::::::::: . z ... . ...... ...... -_ _ iii. ..,.~ .1IIIIII(Ii-.'" . - PROPERTYUNr-- -5 89'30'19" W 550.5]' PROPERTY UNE . r N I N 00'58'56" W 40.00' I I z: - .0 z I I I~ 0 I I .~ S8 I I I~ I I I~ I I I ___J ~--------------------- 11 I 14 1.3 -----T-- --~ ::::0 o )> o BRIGGS ENGINE:ERNG. INC. (~) (208)344-9700 1800 w. OVERLAND ROAD __ _ .!!()I.5_E. IDAHO 83705 CITY OF MERIDIAN SANITARY SEWER AND WATER LINE EASEMENT HAZ-TECH HOLDING PORTION LOCATED IN THE SE 1/4 OF SECTION 11, T..3N., R.1W., 8.M., MERIDIAN, ADA COUNTY, IDAHO DESIGN DRAFT SCALE DATE DWG.NO. - -MEM.- f\J1S____ 10/15/02 10107 REVISION SHEET 1 OF 1 EXHIBIT . - - .. November 1, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department November 6,2002 ITEM NO. ~-ltI REQU EST Sanitary Sewer and Water Easement for Turtle Creek Subdivision No.3 -- Ernest, Ross & Kisler: 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: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Memo / Easement ~ C{jf~? Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. .. .,.-' City of Meridian Public Works Dept. Memo RECEIVED' NOV - t 2002 c~ty Of Meridian City Clerk Office To: Mayor Corrie & City Council From: Brad Watson, P.E. cc: File, Gary Smith, PE, City Clerk Date: 10/31/2002 Re: Proposed Agenda Items for November 5 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the November 5 City Council agenda, on the Consent Agenda, for Council's consideration: 1) AQreement for Professional Services - WWTP Computerized Operation and Maintenance Manual. Brown and Caldwell. This agreement, a signed copy of which is attached, provides for the development of a PC-based, interactive operation and maintenance manual for the wastewater treatment plant. You will recall this project being proposed as Enhancement #5 during the Wastewater portion of the Public Works budget presentation. A copy of that presentation sheet is attached. Recommended Council Action: Approve the agreement for professional services with Brown & Caldwell for the WWTP Computerized Operation and Maintenance Manual Project and authorize the Mayor to sign and City Clerk to attest. *' 2) Sanitary Sewer and Water Main Easement -Ernest. Ross and Kisler (for Turtle Creek Subdivision No.3). This easement, outside the boundary of Turtle Creek Subdivision No.3, was required for water and sewer mains extended from Tumble Creek Subdivision through the subject property to Turtle Creek Subdivision. Recommended Council Action: Approve the sanitary sewer and water main easement from Anna Beth Ernest, Gary L. Ernest, Virginia J. Ross and Kathy Kisler and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. .f/A . Page 1 ORIGINAL SANIT ARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this _ day of October, 2002 between Anna Beth Ernest, Gary L. Ernest, Virginia J. Ross and Kathy Kisler, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party ofthe second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE A TT ACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT is EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Water Agreement Page I Sewer and THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any pennanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed ofthe aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTORS: (~<L\Ll;n; fM~~ 9\nna Beth Ernest --2;J CUV~ ~ ~~. Gary L. Ernest ~ II"~ ' '- j) fJ.~i'if;/ 1/ 0: )~?I~//j ( vCf1-L4-_ VUl lllta J. Ross ~Vd. '~t/J.. e1tlAj at . ler rI . Sanitary Sewer and Water Main Easement Water Agreement Page 2 Sewer and STATE OF :3IdclJt.U1ff6)l- County of &itrL ) ) ss ) On this J--!h day of October, 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ANNA BETH ERNEST, known or identified to me to be the person that executed the within instrument, and acknowledged to me that she executed the same. IN fist. ove written. Notary Public State of Washington REBECCA G. ~EILLEUR My Appointment Expitn 8ep 3. 2005 to set my hand and affixed my official seal the day and year , " 77luJ2eu./L NOTARY P~IC FOR :1ft(. , Residing at: ...t!.-?1/Ju..u./~ My commission expires: q - 3--oS;- STATE OF W~T6r-J ) ) ss County oCIHUesr2J rJ ) On this ilf day of October, 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared GARY L. ERNEST, known or identified to me to be the person that executed the within instrument, and acknowledged to me that he executed the same. IN WITNE_~s...WB:..~~EOF, I have hereunto set my hand and affixed my official seal the day and year fist ab}~~.~~~~4t~\11 , . '1;:..0 ..' S\ON l3"-t", ~ 'I ,.,~.'!? ~'. f fl.:../I 01ARY ~\ ~ I .o~ (fl. ~ I : 0 ~.- : I ~ :. PUBL\C .: ; "". b< ... ~ : 'I \flX'..70-19~~..' rS.;' " '-1)-,.."........ ,::...~ .:- \,,'t.::OFfNf\?:' -- STATE 0F-'f~0-n/,{/~ ) ss County of I} if~Rj~' ) On this II day of October, 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared VIRGINIA J. ROSS, known or identified to me to be the person that executed the within instrument, and acknowledged to me that she executed the same. Sanitary Sewer and Water Main Easement Water Agreement Page 3 Sewer and . . . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. J; -- - - ~~~~R~u~..l - Commission # 1228439 ~ Notary Public - Califorokt f ~ KemCounfy . ~ My Comm. Expires Julll .2Xl3 jai""~r-_ ......... ___ __ ,..,... __ ...-.; 4 STATE OF L1J~rn-orJ) ) ss County of:-ril~,J ) On this / (I day of October, 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared KATHY KISLER, known or identified to me to be the person that executed the within instrument, and acknowledged to me that she executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above w.Rft:'ett"'\\ --;0'< F. JIIvt, "\ :- 0 ........... 'Itt. 'I , ~ .",-s\ON l:'c.'. ~ I, 'i::: ..~""J "-,0'. ,.. " : .:~ OTN"\, ~". ~ ; '0 ~ ~T~. I ~ : D -.- <n : I I . ; " ~.. PUBL\C : : I Ul" ex : i?: .1 I, ~ ....!O-19~\).....~a; \7~OF'W~S~~~ '\\ --- GRANTEE: ~m()F MERIDIAN N . YP ICFOR fAJ~~P73AJ esiding at: -n7~ ~ 0/ My commission expires: . [) J /c, ;An~l Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Sanitary Sewer and Water Main Easement Water Agreement Page 4 Sewer and -, ": ....-~ ..."". - ow-. -', ..,.~ __ - - - "-L'-J;1 cNl.:t. BUt:)h ~ 004/005 ~ ....,;... I , , . . J~U-B' ENGINEERS; Inc. ENGINEERS · SURVEYORS . PLANNERS Regional Office 250 South Be~chwood Avenue, Suite 201 . Boise. ID 83709-0944 . 208-376.7330 . Fax: 208-323.9336 .EXHIBIT A .,:D;.....;.......;" " .;....:-I....A:-~~... ':LDate: ' 11759 July 25, 2002 PROPOSED rulHLE CREEK.5UBDIVISION NO.3 SEWER, WATER,~ EASEMENT , -,:.\Neasement being a portion of the South}2 of the Nor:theast % of Section 2, T.3N., R.1W., 'I"~diSt~niAtla County, Idaho; being more particularly described as follows: [~::~~;~.~~~:~.., "f<')'~ 0 .' W1:>', ,:,Cd~lftiendng at a SIB inch iron pin and cap marking the Northeast corner of Section 2, 'T.3N., ';~~:P:~:1W;i~~'rMeridian, Ada County, Idaho; thence South 00000'58" East, 1366.11 feet along the . ~~;~W1~~nd(ifY of said Section 2 to a 2 indo steel axle rod marking the Northeast corner of said ;- SouttHi:-~f.'thE! Northeast Y4 of Section 2; thETce leaving the easterly boundary of safd Section 2 South :-:' 87f31 '08", West, 1888.41 feet to a point on t,1e westerly boundary of said proposed Turtle Creek J-~~$fNo. 3 as shown on Exhibit "6" 5a1:' point being the POINT OF BEGINNf~G; safd pof'1t also lies '~~ithSit.$'49'; West, 2264.13 feet from an i 'on pin marking the Southeast corner~f said South Y1 of ,the NortheaSt ~ of Section 2; - , . ~ ~ence South 03020'08" East, 50.12 feet to a point; thence North 89017'39" West, 58.28 feet to a point; :.,..~ , ,',,~_ .:~~ce'North 00020' 16" West, 50.01 feet to a point; ;:: _-:..; .-,.~ :' , . 0 ~. :',?"i'.'_'" ~ehce'Sciuth 89017'39" East, 55.66 lE:et to the POINT OF BEGINNING. - . J~D'Oft-jtJESCR'PTION " " :~I- . Prep3 red by; J-U-B ENGINEERS, Inc. ,.~., ^~..~~- .., ~ ',' ,.. ~----:--...:;" '. -.~ f _, _n .;..__^~. ..' ,.' :'-:.._~'.:~. ~ . :=rf'<,::,,;, '~Yl:-~'~-"'}~ ;" );~f:~i~:: ~ ~~ ,. ~: :~~,i,'-' t - ,"_- ", . ~~ .,; i~'-; p~;t ~J~~~ - : '..~~~,:;~ U~PrOjectManilgers\GAL\117S9\DeSCriPtionS\OFf"' SITE SS EASEMENT,doc .,. , ',' . ,---.- ' . Gary A. Lee, P.E.lL.S. '. . ,,,,,' ,~- ~"';:L'~':',~ :;~~_. -;--"'" -.;;;.";--: -<!}- .~ .--..: ~-~~.;".t.~....,.'.','_;~:;"-~ "_.. "V'. 0_. .__ . ........ -.i.f-:".' ,~;q~~l:~'''I;;:,'~'J.;Ilo) 'Q"ZUl:l JZJ lJJJ6 J-U-B ENG. BOISE if-:i;~ROPOSED TURT~:~:~: ~UBDIV~~ION NO:3 ",.,.~:,=,:.~ ,ti~f~ SEWER~ WATER, SIlMENT -----.:-.-..;..:-. :-:. ';:l ,~ 'J~-~~ T.4N., R.1W, 8.M. T.3N., R.1 W, 8.M. ~; .*:-:. : '~L. p _<,:?~r,~: .~,~ O::j"~'+'(_ L. TURllE CREEK SUBDIVISION NO.3 BOUNO/.RY ~~ ~' :;-l~~-~- . ",,":.r_.~ ____ ~'-.:'--: c . ':~~~~..i " 2- STEEL AXLE: Roof N 1/16 CORNER sEC110N 2 REAl>OINT OF BEGINNING S03'20'OS"E 50.12' S87.31'OS:W _ _ _ _ _ _ _ _ - J V- - - - -. - -1888.41' :,~.-'~~~'22~~ .~...~ u. "$-. -' ...... B" ~'-~.'1'J~"W -:"""j:::-'-'-,Q':;;{~. 58~ " ........ W. FlEUlSTREAM DRIVE -........ ........ " ........ .~~+a.':: ........1tse. ~ <>6" ..<~, '5tS" u'5t ~ If, . , ,.J-~...... ........ " ........ ...... ....... ""- ...... ........ , , '-..."A v-..... ........ " , " ~~ ".:"1. l1JRllE CREEK SUBDIVISION NO. 3 BOUNDARY 5/8W IRON PIN (NO CAP) SE CORNER NE 1/4 Section 2 CP&f 18923767 .~ili" ~~~,; ,~~~,.~,:j,,,:,. ,<.,<n "'i",~-:"~" ~!~' 7 T~~. I4l 005/005 35 36 2 In -' 0 (.,.j 0 0) d ?>- 0 :::.1 ui CXI ~ J I'TI lz ....10 u~ VlO uo :"'c.J O!,rq :i. tJT1 November 1, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department November 6, 2002 ITEM NO. 3-~ REQUEST Agreement for Professional Services, Waste Water Treatment Plant Computerized Operations & Maintenance Manual-- Brown and Caldwell: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE 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: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTH ER: See Attached Memo / Attachment vvU IJvP~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( ,r-' em RECEIVED NOV - f 2002 C!ty Of Meridian CIty Clerk Office To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 10/31/2002 Re: Proposed Agenda Items for November 5 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the November 5 City Council agenda, on the Consent Agenda, for Council's consideration: -x. - 1) Agreement for Professional Services - WWTP Computerized Operation and Maintenance Manual. Brown and Caldwell. This agreement, a signed copy of which is attached, provides for the development of a PC-based, interactive operation and maintenance manual for the wastewater treatment plant. You will recall this project being proposed as Enhancement #5 during the Wastewater portion of the Public Works budget presentation. A copy of that presentation sheet is attached. Recommended Council Action: Approve the agreement for professional services with Brown & Caldwell for the WWTP Computerized Operation and Maintenance Manual Project and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement -Ernest. Ross and Kisler (for Turtle Creek Subdivision No.3). This easement, outside the boundary of Turtle Creek Subdivision No.3, was required for water and sewer mains extended from Tumble Creek Subdivision through the subject property to Turtle Creek Subdivision. Recommended Council Action: Approve the sanitary sewer and water main easement from Anna Beth Ernest, Gary L. Ernest, Virginia J. Ross and Kathy Kisler and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. pA . Page 1 - - co -. :J C co c~ ~~ ~o Co- 2r- C"$ uJ"$ lO :\:\: c o ',p u '02 U')~ wc ES ::\ olf) >5 ~Q) coE E~ 2;-0 ~~ Q) (1) (1) r-t'\ C ::\ '-' . =' "'0 C. U ~ Q) . .... .- ~(ij~J, co ::\ "'" 1- 6 ~~~ __ ~ ::s ';- a.> Cf' ~~~~ ~ o~-- c ~~ Q) co .= 0 6 ~ 6-<0 j!) w (1).~ u .._ 1- C (\) 0' cY-u'o ~uJQl1- (0 O,.p 0- .b\ (J) . ( -- co C o .- ~ ~ C '0 ~ 0- 1- ......0 .- ::s goo 1- c C (1) (1) 4. '0 ::J fu .- 0- ~~ o?$""''-'- CjCS\o?$CS\ c: c uJ ',p z;- .- o co .- C "0 Q) (ij'(6 Q) 0.. ::s .b Yl ~ 0 o:.o?$ ro~~Q)~ o (1) ro~C ~ 0 O-~ ~ c:.cQ)Q)o- E .- en ~ 0 a.> ~ ~ ~Q) \-- .- b u ~ O'~~S"'O C 3' . c/.:J if) ~ \.- -0 ~ w 0.. E 8 .- N o --.. \.0 ~ -- o .,-\ b ~ c 19 ...- ::\ en If) C .~ 8 en\.- ~~ roo.. ~l-k (J) i::t ('t") --(1)0 If) ::\-- C If)''-\ o en:;:r ..~""""" ~\ . AGREEMENT FOR CONSULTING SERVICES BE1WEEN THE CITY OF MERIDIAN, IDAHO AND BROWN AND CALDWELL FOR THE PREPARATION OF A COMPUTERIZED OPERATIONS AND MAINTENANCE :MANUAL THIS AGREEMENT is made and entered into on this _ day of October 2002, by and between the City of Meridian, Idaho, hereinafter referred to as "Client," and Brown and Caldwell, a California corporation, hereinafter referred to as "Consultant." RECITALS: WHEREAS, Client is authorized to and desires to retain Consultant to develop and prepare a computerized operations and maintenance (O&M) manual for the Meridian Wastewater Treatment Plant, WHEREAS, Consultant has available and offers to provide personnel and facilities necessary to perform the desired services within the required time; and WHEREAS, Client desir'es to retain Consultant to perform the services in the manner, at the time, and for the compensation set forth herein; NOW, THEREFORE, Client and Consultant agree as follows: I. DESCRIPTION OF PROJECT Client and Consultant agree that Project is as described in Exhibit A, entitled "Description of Project," If, during the course of Project, Client and Consultant agree to changes in Project, such changes shall be incorporated in this Agreement by written amendment. II. SCOPE OF CONSULTANT SERVICES Consultant agrees to perform those services described hereafter. Unless modified in writing by both parties, duties of Consultant shall not be construed to exceed those services specifically set forth herein, A. Basic Services Consultant agrees to perform those basic services described in Exhibit B entitled "Scope of Services," (the "Services"). Any tasks not specifically described in Exhibit B are Additional Services. P:\ Transfer\ Terry Price\MeridianOctI5.doc October 21, 2002 Page 1 of 10 III. RESPONSIBILITIES OF CLIENT In addition to payment for the Setvices performed under this Agreement, Client shall: 1. Assist and cooperate with Consultant in any manner necessary and within its ability to facilitate Consultant's performance under this Agreement. 2. Designate in writing a person to act as Client's representative with respect to this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Client's policies, make decisions and execute docwnents on Client's behalf 3. Furnish Consultant with all technical data in Client's possession including, but not limited to, maps, surveys, drawings, soils or geotechnical reports, and any other information required by, or useful to, Consultant in perfonnance of its Services under this Agreement. Consultant shall be entitled to rely upon the information supplied by Client. 4. Notify Consultant of any known or potential health or safety hazards existing at or near the project site. 5. Provide access to and/or obtain peffi11SS10n for Consultant to enter upon all property, whether or not owned by Client, as required to perform and complete the Services. 6. If Consultant's scope of work includes services during construction, Client will require the construction contractor to indemnify and hold harmless Consultant, its officers, employees, agents, and consultants against claims, suits, demands, liabilities, losses, damages, and costs, including reasonable attorneys' fees and all other costs of defense, arising out of the performance of the work of the contractor, breach of contract, or willful misconduct of tlle contractor or its subcontractors, employees, and agents. Client will require the contractor to name Consultant, its directors, officers and employees as additional insureds on the contractor's general liability insurance and/or Owner's and Contractor's Protective policy (OCP), and any builder's risk, or other property insurance purchased by Client or the contractor to protect work in progress or any materials, supplies, or equipment purchased for installation therein. Client will furnish contractor's certificates of insurance evidencing that Consultant, its officers, employees, agents, and consultants are named as additional insureds on contractor's general liability and property insurance applicable to the Project. Contractor's policies shall be primary and any such insurance carried by the Consultant shall be excess and noncontributory. The certificates shall provide that Consultant be given 30 days' written notice prior to any cancellation thereof. IV. AMERICANS WITH DISABILITIES ACT Any other provision of this Agreement to the contrary notwithstanding, unless otherwise specified in the Scope of Setvices, Client shall have sole responsibility as bel:\Veen Client and Consultant for compliance with the Americans With Disabilities Act ("ADA") 42 U.S.C 12101 et. Seq. and the related regulations. P:\ Transfer\ Terry Pricc\McridianOct1S.doc October 21, 2002 Page 2 of 10 V. AUTHORIZATION AND COMPLETION In signing this Agreement, Client grants Consultant specific authorization to proceed with work specified in Exhibit B. This contract shall be active for eighteen (18) months commencing on the date Consultant receives authorization to proceed with the work from the Client. This includes delivery of a final draft manual within twelve (12) months of contract initiation and an additional 3 months for Client staff to utilize and produce comments for the final manual submission. Consultant shall use its best efforts to perform the work specified in Exhibit B within the estimated time. VI. COMPENSATION A. Amount For the Services described in Exhibit B, Client agrees to pay, and Consultant agrees to accept compensation in accordance with Exhibit C. Where Consultant has provided Client with a breakdown of the total compensation into subtasks, such breakdowns are estimates only. Consultant may reallocate compensation between tasks, provided total compensation is not exceeded without the approval of Client B. Payment As long - as Consultant has not defaulted nndet this Agreement, Client shall pay Consultant within 30 days of the date of Consultant's invoices for services performed and reimbursable expenses incurred under this Agreement If Client has reason to question or contest any portion of any such invoice, amounts questioned or contested shall be identified and notice given to Consultant, within 15 days of the date of the invoice. Any portion of any invoice not contested shall be deemed to be accepted and approved for payment and shall be paid to Consultant within 30 days of the date of the invoice. Client agrees to cooperate with Consultant in a mutual effort to resolve promptly any contested portions of Consultant's invoices. In the event any uncontested portions of any invoice are not paid within 30 days of the date of Consultant's invoice, interest on the unpaid balance shall accrue beginning with the 31 st day at the maximum interest rate permitted by law. VII. RESPONSIBILITY OF CONSULTANT A. Standard of Care--Professional Services Subject to the express provisions of the agreed scope of work as to the degree of care, amount of time and expenses to be incurred, and subject to any other limitations contained in this Agreement, Consultant shall perform its Services in accordance with generally accepted standards and practices customarily utilized by competent engineering finns in effect at the time Consultant's Services are rendered. Consultant does not expressly or impliedly warrant or guarantee its Services. P:\ Transfcr\ Terry Price\MeridianOctlS.doc October 21,2002 Page 3 of 10 B. Reliance upon Information Provided by Others If Consultant's performance of services hereunder requires Consultant to rely on information provided by other parties (excepting Consultant's subcontractors), Consultant shall not independently verify the validity, completeness, or accuracy of such information unless otherwise expressly engaged to do so in writing by Client. C. Consultant's Opinion of Probable Costs (Cost Estimate) Client acknowledges that construction cost estimates, financial analyses and feasibility projections are subject to many influences including, but not limited to, price of labor and materials, unknown or latent conditions of existing equipment or structures, and time or quality of performance by third parties. Client acknowledges that such influences may not be precisely forecasted and are beyond the control of Consultant and that actual costs incurred may vary substantially from the estimates prepared by Consultant. Consultant does not warrant or guarantee the accuracy of construction or development cost estimates. D. Construction Phase Services 1. Consultant's Activities at Construction Site. The presence of Consultant's personnel at a construction site, whether as on-site representative, resident engineer, construction manager, or otherwise, does not make Consultant responsible for those duties that belong to Client and/or construction contractors or others, and does not relieve construction contractors or others of their obligations, duties, and responsibilities, including, but not limited to, construction methods, means, techniques, sequences, and procedures necessary for completing all portions of the construction work in accordance with the contract documents, any health or safety programs and precautions required by such construction work, and any compliance with applicable laws and regulations. Any inspection or observation of the contractor's work is solely for the purpose of determining that the work is generally proceeding in conformance with the intent of the project specifications and contract documents. Consultant makes no warranty or guarantee with respect to the performance of a contractor. Consultant has no authority to exercise control over any construction contractor in connection with their work or health or safety programs and precautions. Except to protect Consultant's own personnel and except as may be expressly required elsewhere in the scope of services, Consulrnnt has no duty to inspect, observe, correct, or report on health or safety deficiencies of the construction contractor. 2. Shop Drawing and Submittal Review. If requited by Consultant's Scope of Services, Consultant shall review shop drawings or other contractor submittals for general conformance with the intent of the contract documents. Consultant shall not be required to verify dimensions, to engineer contractor's shop drawings or submitrnls, nor to coordinate shop drawings or other submittals with other shop drawings or submittals provided by contractor. P: \1' rans fer\T eny Price \ MerirnanOcr IS.doc October 21, 2002 Page 4 of 10 3. Record Drawings. Record drawings, if required, will be prepared, in parr, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the Project was finally constructed. Consultant is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. VIII. ASSIGNMENT OF TASKS TO AFFILIATES A. If the authorized scope of work includes construction aCllV1lles or the oversight of construction, Consultant may, at its discretion and upon notice to Client, assign all of its contractual rights and obligations with respect to such activities or services to Brown and Caldwell Constructors, its wholly owned affiliate. B. If the authorized scope of work requires professional services to be performed in a jurisdiction in which Consultant renders professional services solely through a locally registered engineering affiliate for purposes of compliance with professional licensing. requirements in that jurisdiction, Consultant may, in its discretion, upon notice to Client, assign its contractual rights and obligations with respect to such activities or services to such locally registered engineering affiliate. IX. ASBESTOS/HAZARDOUS MATERIALS Consultant and Consultant's subcontractors shall have no responsibility for the discovery, handling, removal, or disposal of or exposure of persons to asbestos or hazardous or toxic materials that are present in any fonn at the Project site. Professional services related to or in any way connected with the investigation, detection, abatement, replacement, use, specification, or removal of products, materials, or processes containing asbestos or hazardous or toxic materials are beyond the scope of this Agreement. Client shall be solely responsible for notifying all appropriate governmental agencies, including the potentially effected public, of the existence of any hazardous or toxic materials located on or in the project site at any time. In the event Consultant encounters asbestos or hazardous materials at the jobsite, Consultant may, at its option and without liability for damages, suspend the performance of services on the Project until such time as Client and Consultant mutually agree on an amendment to this Agreement to address the issue, or Client retains another specialist consultant or contractor to identify, classify, abate and/or remove the asbestos and/or hazardous materials. X. CONSULTANTS WORK PRODUCT A. Scope Consultant's work product which is prepared solely for the purposes of this Agreement, including, but not limited to, drawings, test results, recommendations and technical specifications, whether in hard copy or electronic form, shall become the property of Client when Consultant has been fully compensated as set forth herein. Consultant may keep copies of all work product for its records. P:\ T ransfer\ T erey Pricc\MeridianOctlS.doc October 21, 2002 Page 5 of 10 Consultant and Client recognize that Consultant's work product submitted in performance of this Agreement is intended only for the project described in this Agreement. Client's alteration of Consultant's work product or its use by Client for any other purpose shall be at Client's sole risk, and Client shall hold harmless and indemnify Consultant against all losses, damages, costs and expense, including attorneys' fees, arising out of or related to any such alteration or unauthorized use. B. Electronic Copies If requested, solely as an aid and accommodation to Client, Consultant may provide copies of its work product documents in computer-readable media ("electronic copies," "CADD"). These documents will duplicate the documents provided as work product, but will not bear the signature and professional seals of the registered professionals responsible for the work. Client is cautioned that the accuracy of electronic copies and CADD documents may be compromised by electronic media degrada.tion, errors in format translation, file corruption, printing errors and incompatibilities, operator inexperience and file modification. Consultant will maintain the original copy, which shall serve as the official, archived record of the electronic and CADD documents. Client agrees to hold harmless, indemnify and defend Consultant from any claims arising out of or relating to any unauthorized change or alteration of electronic copies and CADD documents. XI. INDEMNIFICATION A. Indemnification of Client Consultant agrees to indemnify, defend, and hold Client harmless from and against any liability to the extent arising out of the negligent errors or negligent omissions of Consultant, its agents, employees, or representatives, in the performance of Consultant's duties under this Agreement. B. Consequential Damages RegarcUess of any other term of this Agreement, in no event shall either party be responsible or liable to the other for any incidenL'd, coosequentia~ or other inclirect da1llilges. XII. CONSULTANT'S INSURANCE Consultant shall procure and maintain the following minimum insurance: 1. Commercial general liability insurance, inclucling personal injury fubility, blanket contractual liability and broad-form property damage liability coverage. The combined single limit for bodily injury and property da1llilge shall be not less than $1,000,000. 2. Automobile bodily injury and property damage liability insurance covering owned, 000- owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 3. Statutory workers' compensation and employer's liability insurance as required by state law. 4. Professional li.'tbility insurance. The policy limit shall be not less than $1,000,000. Po \T ransfer\Terry Pricc\McridianOctlS.doc October 21,2002 Page 6 of 10 Upon request, Consultant shall submit to Client certificates of insurance for the policies listed above. The certificates shall provide that the insurance company gives written notice to Client at least ten days prior to cancellation of the policy. XIII. CONFIDENTIALITY Consultant agrees it will maintain the confidentiality of material it receives from Client which Client has clearly identified as "Confidential" and will not disclose, distribute, or publish to any third party such confidential information without the prior permission of Client. Notwithstanding the foregoing, Consultant shall have no confidentiality obligation with respect to information that 1) becomes generally available to the public other than as a result of disclosure by Consultant or its agents or employees; 2) was available to Consultant on a non-confidential basis prior to its disclosure by Client; 3) becomes available to Consultant from a third party who is not, to the knowledge of Consultant, bound to retain such information in confidence. In the event Consultant is compelled by subpoena, court order, or administrative order to disclose any confidential information, Consultant shall promptly notify Client and shall cooperate with Client prior to disclosure so that Client may take necessary actions to protect such confidential information from disclosure. XIV. SUBCONTRACTS Consultant shall be entitled, to the extent determined appropriate by Consultant, to subcontract any portion of the services to be performed under this Agreement For the Meridian on-line manual, no subcontracts are anticipated. Consultant will not subcontract without prior consent from the City of Meridian. XV. SUSPENSION OF WORK Work under tlllS Agreement may be suspended as follows: 1. By Client. By written notice to Consultant, Client may suspend all or a portion of the Work under this Agreement if unforeseen circumstances beyond Client's control make normal progress of the Work impracticable. Consultant shall be compensated for its reasonable expenses resulting from such suspension including mobilization and demobilization. If suspension is greater than 30 days, then Consultant shall have the right to terminate this Agreement in accordance with Article XVI, Termination oEWork. 2. By Consultant. By written notice to Client, Consultant may suspend the Work if Consultant reasonably determines that working conditions at the Site (outside Consultant's control) are unsafe, or in violation of applicable laws, or for other circumstances not caused by Consultant that are interfering with the normal progress of the Work. Consultant's suspension of Work hereunder shall be without prejudice to any other remedy of Consultant at law or equity. P:\Transfer\ Terry Price\McridianOct1S.doc October 21, 2002 Page 7 of 10 XVI. ThRMINA TION OF WORK A. This Agreement may be terminated by Client as follows: (1) for its convenience on 30 days' notice to Consultant, or (2) for cause, if Consultant materially breaches this Agreement through no fault of Client and Consultant neither cures such material breach nor makes reasonable progress toward cure within 15 days after Client has given written notice of the alleged breach to Consultant. B. This Agreement may be terminated by Consultant as follows: (1) for cause, if Client materially breaches this Agreement through no fault of Consultant and Client neither cures such material breach nor makes reasonable progress toward cure within 15 days after Consultant has given written notice of the alleged breach to Client, or (2) upon five days' notice if work under this Agreement has been suspended by either Client or Consultant for more than 30 days in the aggregate. C. Payment upon Termination In the event of termination, Consultant shall perform such additional work as is . reasonably necessary for the orderly closing of the Work. Consultant shall be compensated for all work performed prior to the effective date of termination, plus work required for the orderly closing of the Work, including: (1) authorized work performed up to the termination date plus termination expenses, including all labor and expenses, at Consultant's standard billing rates, directly attributable to termination; (2) all efforts necessary to document the work completed or in progress; and (3) any termination reports requested by Client. Except for termination of Consultant by Client for cause, Consultant shall also receive a termination fee equal to 15 percent of the total compensation yet to be earned under existing authorizations at the time of termination to account for Consultant's rescheduling adjustments, reassignment of personnel, and related costs incurred due to termination. XVII. ASSIGNMENT This Agreement is binding on the heirs, successors, and assigns of the parties hereto. Except as othet\vise set forth under Article VIII, Assignment of Tasks to Affiliates, this Agreement may not be assigned by Client or Consultant without prior, written consent of the other. XVIII. NO BENEFIT FOR THIRD PARTIES The services to be performed by Consultant are intended solely for the benefit of Client, and no benefit is conferred on, nor contractual relationship established with any person or entity not a party to this Agreement. No such person or entity shall be entitled to rely on Consultant's services, opinions, recommendations, plans, or specifications \vithout the express written consent of Consultant. No right to assert a claim against the Consultant, its officers, employees, agents, or consultants shall accrue to the construction Contractor or to any subcontractor, supplier, manufacturer, lender, insurer, surety, or any other third party as a result of this Agreement or the performance or nonperformance of the Consultant's services hereunder. P:\ Transfcr\ Teny Price\McridianOctlS.doc October 21,2002 Page 8 of 10 XIX. FORCE MAJEURE Consultant shall not be responsible for dehys caused by circumstances beyond its reasonable control, including, but not limited to (1) strikes, lockouts, work slowdowns or stoppages, or accidents, (2) acts of God, (3) failure of Client to furnish timely information or to approve or disapprove Consultant's instruments of service prompdy, and (4) fa.ulty performance or nonperfonnance by Client, Client's independent consultants or Consultants, or governmental agencies. Consultant shall not be liable for damages arising out of any such delay, nor shall the Consultant be deemed to be in breach of this Agreement as a result thereof. XX. INTEGRATION This Agreement represents the entire understanding of Client and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. Any purchase order issued by Client, whether or not signed by Consultant, and any terms and conditions contained in such purchase order which are inconsistent with this Agreement shall be of no force and effect. XXI, SEVERABILITY If any part of this Agreement is found unenforceable under applicable laws, such part shall be inoperative, null, and void insofar as it conflicts with said mws, but the remainder of this Agreement shall be in full force and effect. XXII. CHOICE OF LAW IJURISDICTION This Agreement shall be administered and interpreted under the mws of the state in which the BC office responsible for the project is located. Jurisdiction of litigation arising from the Agreement shall be in that state. XXIII. ATTORNEYS' FEES In the event either party commences legal proceedings against the other, then the prevailing party shall, in addition to any other recovery, be entitled to recover its reasonable attorneys' fees and all other costs of such proceeding. XXIV. NOTICES All notices requited under this Agreement shall be delivered by facsimile, personal delivery or mail and shall be addressed to the following persons: Brad Musick Project Manager Brown and Caldwell 3514 NW McKinley Drive Corvallis, OR 97330 Fax: 541/758-1439 John Shawcroft Superintendent Meridian Wastewater Plant 3401 N Ten l\1ile Road Meridian, ID 83642 Fax: 208/884-0744 P:\ Transfer\Tw.y Pcice\MecidianOcrlS,doc October 21, 2002 Page 9 of 10 Notice shall be effective upon delivery to the above addresses. Either party may notify the other that a new person has been designated by it to receive notices, or that the address or Fax number for the delivery of such notices has been changed, provided that, until such time as the other party receives such notice in the manner provided for herein, any notice addressed to the previously-designated person and/or delivered to the previously-designated address or Fax number shall be effective. xxv. AUTHORIZA nON The persons executing this Agreement on behalf of the parties hereto represent and warrant that the parties have all legal authority and authorization necessary to enter into this Agreement, and that such persons have been duly authorized to execute this Agreement on their behalf. IN WI1NESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. BROWN AND CALDWELL CITY OF MERIDIAN, IDAHO Signarure ~7~ Signature Printed Name Bryan K. Paulson Printed Name Title Vice President Title Federal Tax ID number: 94-1446346 P:\ Transfer\ Terry Pcice\MecidianOctlS.doc October 21, 2002 Page 10 of 10 EXHIBIT A DESCRIPTION OF PROJECT Develop and prepare a computerized O&M manual for the Meridian Wastewater Treatment Plant as described in Exhibit B, Scope of Services. The on-line manual shall include tables, graphics and photographs describing each major unit process. The O&M manual will act as a reference and training source for utility employees. EXHIBIT A - DESCRIPTION OF PROJECT October 21,2002 Page 1 of 1 EXHIBIT B SCOPE OF SERVICES TASK 1. FORM OPERATIONS STAFF ADVISORY COMMITTEE (SAC) Purpose: To develop a committee to provide guidance in the format, features, and architecture of the O&M manual, as well as critically review its contents. The SAC may be composed of Client staff only or include outside consultants. Task 1.1. Identify committee members and confirm their availability for involvement. Task 1.2. Schedule meetings and prepare agenda for SAC. Task 1.3. Prepare and submit review packets in advance of the meetings. Task 1.4. Attend and facilitate tlu:ee meetings of the SAC meetings, including: 1. Kickoff/Manual outline and architecture- Introduction and brainstorming session to identify the target audience, need-to-know information, features (photographs, audio, video, etc.), and format (tables versus text-based). Review outline and linkage architecture developed as a result of kickoff meeting. 2. Model Chapter Review- Discuss comments about SAC review of model chapter before proceeding with full manual. 3. Full Review- Discuss comments about SAC review of full manual for finalizing manual. Task 1.5. Write and submit a sununary of SAC meeting minutes. TASK 2. DATA COLLECTION AND INFORl\1A TION GATHERING Purpose: To collect the necessary information for preparing text and graphics for the O&M manual. Task 2.1. Meet with designated Client staff to discuss specifics of developing the manual. Task 2.2, Review available plans, specifications, O&M manuals, manufacturers' manuals, and other information that may be used during development of the O&M manual. Task 2.3. Provide on-site verification of equipment, pipes, valves, and gates. Compare plans, specifications, and operations figures with piping and valves, and location of equipment. Task 2.4. Interview project managers, project engineers, co-consultants, and equipment manufacturers/representatives to resolve questions about design and operation. EXHIBIT B - SCOPE OF SERVICES October 21,2002 Page 1 of 5 TASK 3. PREPARE OUTLINE AND LINKAGE ARCHITECTURE Purpose: To develop a comprehensive outline of the O&M manual to ensure that all subject areas will be covered in the manual and to develop the linkage architecture that will integrate text and graphics. Task 3.1. Prepare outline based on information collected in Task 2. Task 3,2. Prepare linkage architecture of the need-to-know information, graphics, and other features based on SAC input during the kickoff meeting. Task 3.3. Submit the outline and linkage architecture to the SAC for review. Task 3.4. Incorporate SAC comments based on manual outline/architecture review meetlng. TASK 4. PREPARE STANDARDS DEVELOPMENT GUIDE Purpose: To prepare a guide for development of the computerized O&M manual. Task 4.1. ~repare guide based on SAC input during kickoff/outline/architecture review meetings including graphics formatting requirements, file naming conventions, and other standards. Task 4.2. Submit development guide to SAC for review. Task 4.3. Incorporate SAC comments based on input during pre-development meeting. TASK 5. PREPARE MODEL CHAPTER Purpose To prepare a model chapter based on O&M manual Development Guide. Task 5.1. Prepare a complete, computerized model chapter. See Tasks 6, 7, and 8. Task 5.2. Submit the model chapter to SAC for review. Task 5.3. Incorporate SAC comments into the O&M manual Development Guide and model chapter based on input during the model chapter review meeting. TASK 6. WRITE TEXT FOR FULL O&M MANUAL Purpose: To prepare the text portions of the O&M manual. The presentation of text will be based on the styles and format developed in conjunction with the SAC. Task 6.1. Prepare text for the O&M manual based on a format developed in conjunction with the SAC. EXHIBIT B - SCOPE OF SERVICES October 21, 2002 Page 2 of 5 Task 6.2. Prepare chapters for the following processes: . Headworks Primary treatment Secondary treatment Tertiary Filters Post Settling Ponds UV Disinfection Effluent pump station WAS thickening T-P AD Anaerobic digestion Centrifuge Dewatering Auxiliary Systems (Emergency Generators, Non-potable water system, plant drainage, Chemical feed systems) . . . . . . . . . . Upon completion of each chapter, BC will submit to City representatives for review and comments. This process will be on going throughout the manual development. The City will provide timely return on reviews to ens.ure BC meets project timeline. Task 6.3. Prepare sections for the chapters outlined in Task 6.2. . Overview Functional description Equipment/instrument description Control description Standard operating procedures (SOPs) Alarm response guides Troubleshooting . . . . . . TASK 7. PREPARE GRAPHICS FOR FULL MANUAL Purpose: To prepare graphics for the O&M manuals. Task 7.1. Prepare all graphics in AutoCAD@ or CorelDraw@. Task 7.2. Prepare up to 15 figures for the O&M manual to clarify text descriptions. Task 7.3. Prepare up to ten hypertext links per figure for linking to text description of figure component. Task 7.4. Prepare plant site map for use as access to unit processes of Meridian WWTP. Either an aerial photograph or graphic illustration can be used. EXHIBIT B - SCOPE OF SERVICES October 21,2002 Page 3 of 5 TASK 8. PRODUCE PHOTOGRAPHS FOR FULL MANUAL Purpose: To produce photographs for the O&M manuaL Task 8.1. Provide color photographs to enhance orientation and text descriptions. Generally, at least two (2) photographs per unit process are used (to show layout and detail). Task 8.2. Include "popup" windows with labels to highlight main components or to note equipment information on each photograph of a unit process area. TASK 9. SUBMIT TEXT AND GRAPHICS FILES AND ORIGINAL PHOTOGRAPHS Purpose: To submit text, figures, and photographs in a medium that will facilitate updating the O&M manual as conditions warrant. Task 9. L Text will be submitted in MS Word@ (or other software required by the client) files. Task 9.2. Graphics will be submitted in AutoCAD, or CorelDraw. Task 9.3. Photographs will be submitted on a compact disk. TASK 10. PRODUCE FINAL O&M MANUAL Purpose: To produce the final version of the computerized O&M manual plus two bound copies for use by staff. Task 10.1. Submit final <'draft" O&M manual to Client staff for technical review and comment. Task 10.2. Allow use and review of the manual for up to 6 months. Incorporate comments in final manual. Task 10.3. Install final computerized O&M manual onto Client's server. Task lOA, Reproduce two hard copies of the text and graphics of the O&M manuaL Task 10.5. Provide two 3-ring bound copies of the final O&M manual to Client staff. EXHIBIT B - SCOPE OF SERVICES October 21, 2002 Page 4 of 5 TASK 11. PROJECT MANAGEMENT Purpose: To ensure that quality O&M manuals are produced on time and on budget, and to ensure good communication with Client staff. Task 11.1. Manage task progress and task budget on a monthly basis. Task 11.2. Maintain close liaison with Client project manager. Task 11.3. Review all work output for accuracy, clarity, and continuity. Task 11.4. Prepare monthly progress reports for Client project manager review. Task 11.5. Prepare monthly invoices showing status and percent complete. EXHIBIT B - SCOPE OF SERVICES October 21, 2002 Page 5 oE5 EXHIBIT C COST The lump sum cost for the manual (covering all the plant's major unit processes) as detailed in the Exhibit B, Scope of Services, is $147,000. Consultant will invoice monthly for work completed. EXHIBIT C - COST October 16, 2002 Page 1 of 1 November 1, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Approve Bills: November 6, 2002 ITEM NO. 3-- ~ AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY A TIORNEY 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: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS v-U tV]? j (fJ Date: Phone: MaterIals presented at publiC meetings shall become property ofthe City of Meridian. November 1,2002 Department Reports MERIDIAN CITY COUNCIL MEETING November 6, 2002 APPLICANT Mayor's Office ITEM NO. ~- ft - \ REQUEST Re-appoinment of Clarence Jones to Meridian Development Corporation Board: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE 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: vL/ uufpfO Date: Phone: Materials presented at public meetings shall become properly of the City of Meridian. November 1. 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT November 6, 2002 ITEM NO. v REQUEST Resolution No. Criminal Legal Services: : Approving Agreements for Civil and 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: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: JrY rr;A) pt) ~ otLY/ @V. !Yff Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. November 1 , 2002 MERIDIAN CITY COUNCIL MEETING November 6, 2002 APPLICANT ITEM NO. '1 REQUEST Resolution No. : Granting Authority to the Boise City Attomey and Designees to act on behalf of the City of Meridian in Criminal Matters: 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: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RESOLUTION () Z - 391- 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 BOISE CITY ATTORNEY OR HER DESIGNEES TO REPRESENT THE CITY OF MERIDIAN IN ALL CRIMINAL MATTERS BEFORE COURTS OF THE~4TH JUDICIAL DISTRICT AS PROSECUTING ATTORNEY; AND PROVIDING AN EF CTIVE DATE. 3 i?J2. ~/1.()(., 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 950-204 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 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 day of ,2002. APPROVED by the Mayor of the City of Meridian, Idaho, this day of ,2002. APPROVED: MAYOR ATTEST: CITY CLERK 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. , passed by the City Council of the City of Meridian, on this day of , 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. WILLIAM G. BERG, JR. STATE OF IDAHO, ) : ss. County of Ada, ) On this day of , 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) Notary Public of Idaho Commission Expires: CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN :\Dt.. COUNTY RECORDER ~ . .J OAV\O HAVARHO . !\"W";';=, !DMi0 F:~ti~~~ "02' 3' 503 MER1D1AN cr [Y .Z002 NO -8 PM 2,; 14 6 CITY OF MERIDIAN ORDINANCE NO. 02- q &0 AN ORDINANCE FINDING THAT THE OWNER, EPISCOPAL DIOCESE OF IDAHO, FOR CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-4 (LOW DENSITY RESIDENTIAL DISTRICT) ZONING DISTRICT TO L-O (LIMITED OFFICE DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE ~ 11-7-2 G, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property has made a written request for a re-zone of the zoning classification for the subject Real Property herein described from R-4 (Low Density Residential) District to L-O (Limited Office) District as defined under Meridian City Code S 11-7-2 G; and 2, The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone and which conditions and requirements Applicant shall comply; and 3. The real property which is the subject of this ordinance is legally Holy Nativity Episcopal Church (L-O) RZ-02-002 / RE-ZONE ORDINANCE - I described as follows: A parcel located in the SE J/4 of the NW ~ of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more pmiicularly described as follows: Commencing at a brass cap monument marking the southeasterly corner of said SE J/4 of the NW ~ from which a brass cap monument marking the southwesterly corner of the NW ~ of said Section 12 bears N 89048'45" W a distance of2652.92 feet; Thence N 89048'45" W along the southerly boundmy of said SE V4 of the NW V4 a distance of 140.00 feet to a point; Thence leaving said southerly boundmy N 0014'55" E a distance of264.16 feet to the POINT OF BEGINNING; Thence continuing N 0014'55" E a distance of 400.00 feet to a point; Thence N 89051' 15" W a distance of 191.48 feet to a point; Thence S 0016' 16" W a distance of 400.00 feet to a point; Thence S 89051' 15" E a distance of 191.64 feet to the POINT OF BEGINNING, This parcel contains 1.76 acres. SECTION 2. That the above-described Property be, and the same is hereby re-zoned and designated (L-O) Limited Office District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance, SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Holy Nativity Episcopal Church (L-O) RZ-02-002/ RE-ZONE ORDINANCE -2 SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COU~L OF 1~E CITY OF MERIDIAN~ IDAHO, this h -1.& day of ot/'~~, 2002. APPROVED BY~E MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 6 ~ day of t?V.ef1v~, 2002. ATTEST: ..- Holy Nativity Episcopal Church (L-O) RZ-02-002 I RE-ZONE ORDINANCE - 3 STATE OF IDAHO,) SS. County of Ada. ) On this (j-rlr.- day of Iv D if tvnheA , 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) QS_IiIDO. ..~QJ~L~~.. .~~;:;:O "IA.J?J:"~. Q Ci:) I ..., 'r ~ D I , 1iI '" f I iii iii , : ... ~ . , II 'lIl ' , III . \ i .- OA _n.... br-1C~,"O.- w u~. .,::, UJj).J" . +.~~----1P. .+ q,,~.uOF ... .11....9 ~ ~M <<Yl S /vLl +t--> NOTARY PUBLIC FOR IDAHO RESIDING AT: ~Co~ }A~ MY COMMISSION EXPIRES: 1- 2g -0'5" z:\ Work\M\Meridian\Meridian 1536oM\Holy Nativity Episcopal Church RZ-02-002\RZOrdinance.doc Holy Nativity Episcopal Church (L-O) RZ-OZ-OOZ / RE-ZONE ORDINANCE -4 k:I' i-<" I J i.--m"I. '.; c Icc.c...c~, c ~ , I....~f:\ """"'.,J i ,n ,i .C' I, ,. , ..: l______, "'.' 'I L--..........I .I(r u ~ i- _'lli'l ..... rJTC~j, 1- 1_ '," I ,.0,. ~. i " TC. i i · '-, I_c. C ;..__ ... · 'n- ! ' L '-:':1,;;: !: i '_ ; .. '\.!.i~c " u~~ II 'if-g,-'.IL il!-rj:{:j~CI:;i · '.' iN! .9' "'"Ml! . ~~ .. i c, 'c i Ii, ..... ~..,_; _ g ". I' I - ,,," "~V lit ,,--'= ~ ! ~--;;--3"ggiP~oOO t roo i..__,. .......... --..l" ro _ ,... i,' ...... ;; ! .' -l~ ~ ,00.00. '0; _! I'Zj, U i)'.QLroOi ~ ,..,._...___. I ", th'!,____ r' ............ ..." :L"i}) ,.' -_.,-,,~:~::~'! ~' ' /"','," I D. iiJ " . 'i l [ ,I L__ I __,_,. .'__ I T /is \ :-. 1.- ....... :I !, Ii 1 -. I ... i~i !0 i k.- ., iil i2 D I-c-_ '."-" _.c. .~ c, C ., .._c_ . t i ;i__, I_L_~_ I 1----,.' 1--. .. ... i .. J ~ "'-.! ," F/:"'r" i : -- I .. ! J ;:LV("3" J I" ,....."J.-r- '. -- .' ">, '.. --0' [-,-- j [ 1'\ /1. ........,..1 _.. .____ .. .,.., I i :"C;': ..........--i r'~\ ' Im:;;l, --I i :' -- .' : :_~X._J i [__ .._, i....:.." '_ /</____1 i 'i ..... ,,',_i- _.... i : :=-:--'r ..... ..t I L , ", 1-".- 1.-...... --.. _ """,": li-- '" "'/":: 1',;- ; , i 1 .__'.-'1 .--.. i , "-, ; \ 1--.-.. , ____m_.: [--------- ( ( - --- ,-.-.--m-_-. -'0' 'm '..__ '-'.' , " ." ,.-... N ~..!:!.!!.U:._ ..... ~, I )_c IN T""'" .. i'i'" C li~ ? :" ;-i: ru,;:; ( U /. i._. i'; -:\:;~; ( '. : i)~, Cj t:s :J., ,--" , '. ""',' , ", ....' i- c,... ccc". ..---~-Ti i_.i:;" C'---'''';':'' ( i::;S) , iT" ; '; "C',," ) Lii ( i:',iT U)' . r ; " _. .__cc : , ' ! [ i :.> ,-' _c. I : ------ :.: In z ~ 0:: o (I) ~ I- ~ ? 0 w ~ ..J .. I~I~ 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 ofMel~~n, Ada County, State of Idaho, do hereby certify that the attached copy ofOrdinancy Nt~~passed by the City Council of the City of Meridian, on the b -IJ:. day ofg,pf/Pft-Uv, 2002, is a true and conect copy ofthe original of said document which is in the care, custody and control of the Cit:r;\~~HrJi: of the City of Meridian. \\\\\\\;f ME;;::"'I!! .......,\ ...c--\ :jDI !" ,.... '- '\ vA <:- .::.... 0'" p.Po~ A ~ 1..y ....~ .:::- cP ''''l~ ~ ~ ~ 0 S - ~ - - - - JI~.::.~ WILLIAM G. BERG, :. STATE OF IDAHO, ) \ 1'.0 ~/ ';'f /" c'-., //1. (/~i'" J' . ~-~ : ss. ) le~ day of N OVtvYvVwv , in the year 2002, before me, ~. AiJY\ ,S ~ , 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 ofthe City of Meridian. fl.-al13UlI'lI 4;.."i>O]:!~~.,,> .l~o 'tAl( ~~..:c:.. II~<~ or ..it"- Qf"/J l "'1 \ III iii ' , III D I I III 111 \ I Ii'! III \ ' : $ , I 13 $$ '.. !tJm..'-C'..~.. ~.J>~"";;;.__~~~. 1it.~....uOF1Y.. -.blalll.-' County of Ada, On this (SEAL) ~hMOY1 SMi~ Notary Public for Idaho ,/ Commission Expires: ~ ..... ~i ~':J Z:\ Work\M\Mcridian\Mcridian I 5360M\Holy Nativi!y Episcopal Church RZ.02.002\CeI1i ficationO fClerkRZOrd.doc CERTIFlCA TION OF THE CITY CLERK - RZ-02-002 2S0Z UO -8 PM 2~ 46 RECORDED-REO FE~OEPl ' 1"2131502 ADA COUNTY RECORDER ~ .} D/WID NAW;.i.1HO un~sE. nU\Hn MERIDIAN CITY CITY OF MERIDIAN ORDINANCE NO. tJ 2 -- t'/ If I AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS RONALD YANKE PROPERTY LOCATED A TTHE NORTHWEST CORNER OF E. FRANKLIN ROAD, WEST OFN. EAGLE ROAD ON E. LANARK STREET 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, RONALD YANKE AND WALTER T. SIGMONT,JR. 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 LIGHT INDUSTRIAL DISTRICT (I-L); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE APART 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 located in the SE 14 of the SE l~ of Section 8, Township 3 N011h, Range 1 East, Boise Meridian, and being part of Lanark Street and Eagle Road and Lots 5 and 6 of Block 1 and Lots 1,2,3,4,5 and 6 of Block 2 of OLSON-BUSH INDUSTRIAL PARK as shown in Book 44 of Plats at Page 3581 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at the southeasterly corner of said SE 14 of the SE 14; ANNEXATION AND ZONING ORDINANCE (AZ-02-017) - 1 Thence N 1028'10" E along the easterly boundary of said SE 1;4 of the SE 1;4 a distance of 498.00 feet to a point on the centerline of said Eagle Road and the POINT OF BEGINNING; Thence continuing N 1028' 10" E along said centerline easterly boundary a distance of299.22 feet to the centerline intersection of said Lanark Street and Eagle Road; Thence leaving said easterly boundary N 88028 '28" W along said Lanark Street centerline a distance of 600.00 feet to a point on the extension of the easterly boundary of said Lot 5 of Block I; Thence leaving said Lanark Street centerline N 1028' 10" E along the easterly boundary of said Lot 5 of Block 1 a distance of 300.88 feet to the northeasterly corner of said Lot 5 of Block 1; Thence N 88029'32" W .along the northerly boundary of said Lots 5 and 6 of Block 1 a distance of 298.01 feet to the northwesterly comer of said Lot 6 of Block 1; Thence S 0004'58" W along the westerly boundary of said Lot 6 of Block 1, Lanark Street and Lot 6 of Block 2 a distance of 600.15 feet to the southwesterly comer of said Lot 6 of Block 2; Thence S 88028' 18" E along the southerly boundary of said Lots 1,2,3,4,5 and 6 of Block 2 a distance of 883.48 feet to the POINT OF BEGINNING. This parcel contains 8.13 acres. SECTION 2: That the above-described real propeliy be, and the same is hereby annexed and made a part ofthe 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 Light Industrial District (I-L). 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, ANNEXATION AND ZONING ORDINANCE (AZ-02-017) - 2 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, State ofIdaho, to-wit: tl~e Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy ofthis ordinance and map with the State Tax Commission ofthe State ofIdaho, all in compliance with Idaho Code @63-2215 and @SO-223. Y:SED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this I/'re#?'V~ , 2002. >>PROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this (/ v~r"'}J/~ , 2002. G'#- day of 6-fP day of ATTEST: ANNEXATION AND ZONING ORDINANCE (AZ-02-017) - 3 STATE OF IDAHO,) : ss. County of Ada, On this Ii+'^- day of ;/0 V &wlG.ou , 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. 'IllllllI....l!Ib ..~QJ~L~~.. ~~~,~O'I~;:~~.. I!I~I \ Cil II I . I iii (SEAL) :: : : 'Ill · , II . \ , IiiI .. ' , , 0 ....~~.. b.--lC~/O. v ,,-').. ':.. Utj}..J,.__ .- · "'~~---~..o .- ..''l''J:1OF~.. .........lliIlIl.. Z:\Work\M\Mcridian\Meridiall 15360MWanke Property AZ-02-017\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-02-017) - 4 ~ ~ - \ ~[ 0 0 Z~N "0) W <-({; ..... O~ n:::: C~~ ZC: - ~o m z a::: 0:: J: W)- ("') W~.o( U'O I- ::EoQ C> Z- CO I- - u.. 0:: Z u.Z <(~ c::: o W<( 0 !;(Q Oz 20 :+:l 0 ~ ;: ffi I-Z -0::: Q) z- Q en - u.i::::!: -C) 0::: 00 Ow a..m 0 $ ,gg'OOC , 3,,0~fSZoWN'i, J f ;~ ;P. ;co en ,N l- II) .;,:: 0:: '<( Z ,;( {j , t-1 ~; '.1 H ; ~ "l7- ; ~ ; ; ~, 1 ~ < ~ ~ ~ ! IlZ"6SZ 3,,0~,SZO ~ON !,.. """'ww::'::: Q:: <( a. b R 0_. o (0 -I w<( n:: I- (f) :J .~- ~ CoCo t~ ~ COCO CO CI) o Cil >= m Z ~ C N ~ ~ Z2j ill 'I"""" ...J ~ ~ rn a .OO'SSP 3..0~,SZo~ON CO 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- 98/ , passed by the City Council of the City of Meridian, on the 6 ~ day of /f/Pl/eA.~ ,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. \\\\\\\I~lI:~"~I~ffllll ,\\ ~l Ol iVlt::I11D //{ ".......:<..' ~ ~ ~.... c} cf.pO,~ h '1,; ~ ~ ~o BO ~ ,~ - , - ~ - - - - - STATE OF IDAHO, ) : ss. County of Ada, ) On this iJ f&l day of NDIi {;lflA,l1.ul , in the year Z{j-() 2- , 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. 'IIIe.Glrlllllll ..'IIION 8 41.. .~~oi~~&. :CI:J/ y \r~ tI f . \ ill .. : . Iil iii , 1 Ef ~ \ I : . \, A_~C~ 1I1 1) d'I~..~ Ul:n..);.." .Ift .o"':~'h.--".;n . 1;....uQF ~o.. .GillI...... Z:\Work\M\MeridianlMeridian 15360M\ Yanke Property AZ-02-0 17\CertificationOfClerkOrd.doc (SEAL) ~hC{JlJY1&ru~ Notary Public for Idaho Commission Expires: if - 2&--05 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-02-0 17 BEFORE THE MERIDIAN CITY COUNCIL C/C 11/06/02 IN THE MATTER OF THE ) APPLICATION OF HOWELL- ) MURDOCH DEVELOPMENT ) CORPORATION FOR APPROVAL ) OF FINAL PLAT FOR CEDAR ) SPRINGS SUBDIVISION NO.2, ) LOCATED ON THE EAST SIDE OF. ) MERIDIAN ROAD NORTH OF ) SETTLERS PARK, M~RIDIAN, ) IDAHO ) ) ) CASE NO. FP-02-022 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 6,2002, 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 Brad Hawkins-Clark, Interim Planning Director, for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, listing 8 General Requirements and 19 Site Specific Comments/Final Plat, which are herein found fair and reasonable, and that Brad Hawkins-Clark, Interim Planning Director, for the Planning and Zoning Department, and Daren Fluke, 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: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO. 2/ (FP-02-022) - 1 1. The Final Plat of "PLAT SHOWING CEDAR SPRINGS SUBDIVISION NO.2" as evidenced in Plat bearing: "PLAT SHOWING CEDAR SPRINGS SUBDIVISION NO.2, A PORTION OF THE SOUTH 12, SECTION 36 TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2002, 11841FPl 09/05/02 HANDWRITTEN DATE: 9/27/02, SHEET 1 OF 3, HOWELL-MURDOCH DEVELOPMENT CORP. - DEVELOPER, J-U-B ENGINEERS, INC. - ENGINEERS SURVEYORS PLANN~RS", Howell-Murdoch Development Corp, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandwn to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Brad Hawkins-Clark, Interim Planning Director, for the Planning and Zoning Department, dated October 29,2002, listing 8 General Requirements and 19 Site Specific Comments/Final 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, and the additional requirements are required as follows, to-wit: 1.1 The Meridian Fire Department requires: 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 water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO.2 / (FP-02-022) - 2 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 1103.2.4 of the UFC. 7. The clear unobstructed street width available at all times shall not be less than 20'. This may require that parking be restricted in some areas. 8. The landscape island located on the entrance off of North Meridian Road will be required to be moved 10' west in order to maintain required turning radiuses. 9. Any roadway greater than 150' in length must be provided with an outlet or be provided with an approved turnaround. 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 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, May 2000. 2. The Meridian Fire Department requires the following: 1 That a fire-flow of 1,000 gallons per minute shall 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO. 2/ (FP-02-022) - 3 4 Final approval of the fire hydrant locations shall be by the Meridian Fire Department. S 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 clear unobstructed street width available at all times shall not be less than 20'. This may require that parking be restricted in some areas, 8 The landscape island located on the entrance off of North Meridian Road will be required to be moved 10' West in order to maintain required turning radiuses, unless it meets the requirements of Item 1.3.5 above. 3. The Settler's Irrigation District notes that the Parkins Nourse Lateral that will be carrying drainage water through the east boundary of Cedar Springs Subdivision will reach flows of860 miner's inches and will require a 30' easement. An appropriate agreement shall be drawn up and recorded after execution. The current plans indicate one pipe carrying both irrigation and drainage water. An additional pipe will be required to carry only the drainage water to avoid potential problems with the pressurized irrigation pump station. 4, The Nampa & Meridian Irrigation District is still reviewing the proposed project, and therefore reserves all comments until the review has been completed, 5. The Meridian Water Department can provide adequate water supply to the project. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued ORDER OF CONDITIONAL APPROV AL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO.2 / (FP-02-022) - 4 guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on November 6, 2002. BY:~%~O,~ r<< ERTD:CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. - ~ ~ - - ... BY~":'.~~ Q, City Clerk Dated: 1/-/4--& 2- Z:\Work\M\Meridian\Meridian15360M\CedarSprgs Sub No 2 FP02-022\OrderH'.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO.2 / (FP-02-022) - 5 MAYOR Robert D. Conic HUB OF TREASURE VALLEY , ( ( A Good Place to Live, CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . FA..'..: (208) 887-4813 City Cl<lI'k Office Fax (208) 888-4218 CITY COUNCIL ~IEMBERS TammydeWe.::rd Keith Bird Cherie McCandless William L.M. Nary MEMORANDUM: To: Mayor & City Council Brad Hawkins-Clark, Interim Planning Director~\.\L Bruce Freckleton, Senior Engineering Tech ~ Cedar Springs Subdivision No.2 From: Re: LEGAL DEPARTMENT (208) 288-2499 . Fa.\: 288.2501 PUBLIC WORKS BUlLDING DEPARTMENT (208) 898.5500' Fax 887-1297 PLA1'lNING A.L'ID ZONING DEPARThIENT (208) 884-5533' FA"X 888-6854 October 29, 2002 RECEIVED OCT 3 0 2D02 City Of Meridian City Clerk Office -Final Plat Approval of Seventy-five (75) Building Lots and Ten (10) Other Lots on 24.60 Acres in an R-4 Zone, by Howell-Murdoch Development Corp, (File No. FP-02-022). We have reviewed the above referenced submittals and otTer the following comments, as conditions of approval. These conditions shall be considered in fuUJ unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Howell-Murdoch Development Corp, has requested approval of the second phase of Cedar Springs Subdivision, consisting of seventy-five (75) building lots and ten (10) other lots on 24.60 acres. This phase of the subdivision has a net density of 5.35 duJacre. This phase is located on the west side of Meridian Road, immediately north of Meridian Settlers Park. The City Council approved the Preliminary Plat on 3/5/02 and Phase No. 1 Final Plat of the subdivision on 7/2/02. ' LOCATION The property is located on the on the west side of Meridian Road, approximately V-t. of a mile north of Us tick Road, in Section 36, Township 4 North, Range 1 West. SURROUNDING PROPERTIES North: Rural Residential land, zoned RUT (Ada County), South: Meridian Settlers Park, zoned L-O. East: Sundance and Sundance Place Subdivisions, zoned R-8. West: Future Phases of Cedar Springs Subdivision (R-4), and Rural Residential Property zoned RUT. 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: PP~-422 Cedltr Springs No. 2. FP ELltlbH" F1- I tJtS" Mayor & City Council October 29,2002 Page 2 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 publ_ic 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 I FINAL PLAT 1. Applicant is to meet all terms of the approved preliminary plat and development agreement. 2. The applicant has indicated that this phase will be a continuation of the NMID pressure irrigation system being installed as part of Phase 1. 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 cornman areas prior to signature on the final plat by the Meridian City Engineer, 3. Applicant shall confirm.in writing that the thirty-five (35) feet of right-of-way dedication shown on N. Meridian Road meets the ACHD conditions. If not, the Meridian Road street buffer and landscape plan may require modification, FP-{)2-<J22 Cedar Springs No 2.FP 1M,; b:+ ";Ct- ,A#f ~ Mayor & City Council October 29,2002 Page 3 4. Applicant shall either revise Lot 23, Block 4 to graphically show a 30-foot wide irrigation easement in favor of Settlers Irrigation District or add a new note to such effect. 5. Applicant shall revise the Final Plat along the west side of Lot 12, Block 4 to add a new common landscape lot, in accordance with the approved Preliminary Plat. The new lot is an extension of Lot 11, Block 4 in Cedar Springs Subdivision No.1. The frontage of Let 12, Block 4 shall be adjusted to meet or exceed the minimum 80 foot frontage required by City Ordinance. 6. The Landscape Plan (Sheets L-I, L-2 and L-3, dated 9-30-02 by The Land Group) is approved with the following modifications: a) The proposed five (5) foot vinyl fence shown behind all of the cornman lots must be reduced to a maximum of three (3) feet in height if solid or four (4) feet in. height if open within all site triangles, in accordance with Meridian City Code 11- 20-2. b) The pr~posed modification to Lot 1, Block 16 (the pressure irrigation pump station common lot) on Sheet L-3 of the Landscape Plan to construct a paved access connecting to N. Meridian Road will require separate approval from ACHD, c) All trees must be planted outside of the 30-foot wide Settlers Irrigation District easement adjacent to N. Meridian Road. 7. 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. . 8. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains, and from mains being installed in Phase 1. 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 9. Complete the Certificate of Owners and accompanying Acknowledgment. 10. 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. 11. All drainage areas (detention/retention basins) must be designed to ensure that water is FP-o:!-<l22 Cedar Springs ND 2FP e .J.:h.'" "}t" ! DP S- Mayor & City Council October 29, 2002 Page 4 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. 12. Add text adjacent to Lot 1, Block 16 that reads: Nampa & Meridian Irrigation District pumping statio~ see note 12. 13. Adjust the frontage of Lot 4, Block 6, and Lot 17, Block 11 to meet or exceed the minimum 80-foot required by City Ordinance. 14. Add the 5/8" pin symbol to the intersection ofW. Blake Street and N, Greenwich Way. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Add the recording information of Cedar Springs Subdivision No.1 to the face of the plat, and the legal description of the Certificate of Owners. 17. Correct the spelling errors in the legal description of the Certificate of Owners as follows: 2nd line . . . North 89?08'3 7" West. . . 14th line .. _ ucceSSlve... Domestic Water Al! lots... 18. Applicant shall coordinate with the appropriate agencies for the posting of "no parking" signs adjacent to the south boundary ofW. Ashby Drive. 19. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat, does not relieve Applicant of responsibility for compliance. GENERAL REOUIRE:MENTS 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 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 FP-m-Q22 COOO Springs No 2.FP E Jw'&:~ "A" "th~ Mayor & City Council October 29, 2002 Page 5 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. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2,K. 8, 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 RECOl\1MENDA nON Staff recommends approval of the final plat for Cedar Springs Subdivision No.2. FP-ll2'()22 EvJ.:I,;+ "".. 5 09 S- Cedar Springs N" 2.FP 11 leCcs~ ?o~+ j;y ?VLbu'c nvbct"--rht)j)l~S! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Wednesday, November 6, 2002 at 7:00 p.m. City Council Chambers 1. Roll-call 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 October 1, 2002 Pre-Council Meeting: B. Approve minutes of October 8, 2002 Pre-Council Meeting: C. Approve minutes of October 8, 2002 City Council Regular Meeting: D. Approve minutes of October 15,2002 Pre-Council Meeting: E. Approve minutes of October 15, 2002 City Council Regular Meeting: F. Approve minutes of October 22, 2002 City Council Pre-Council Meeting: G. Approve minutes of October 22, 2002 City Council Regular Meeting: H. Tabled from October 22, 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: I. Tabled from October 22, 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 Meridian City Council Agenda - November 6, 2002 Page 1 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 hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 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: J. Tabled from October 22, 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: K. Findings of Fact and Conclusions of Law for Approval: 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: L. Findings of Fact and Conclusions of Law for Approval: PP 02- 016' Request for Preliminary Plat approval of 120 building lots and 11 other lots on 39.96 acres in a proposed R-4 zone for proposed Castlebrook Subdivision by Crestline Development LLC - 950 North Black Cat Road: M. Findings of Fact and Conclusions of Law for Approval: CUP 02-023 Request for a Conditional Use Permit to place a Class A manufactured home on a permanent foundation in an L-O zone for Treasure Vallev Worship Center by Treasure Valley Worship Center - 50 West Spicewood Drive: N. Findings of Fact and Conclusions of Law for Approval: CUP 02-024 Request for a Conditional Use Permit proposing two buildings with drive-thru windows and two buildings on recorded lot in a C-C zone for Silverstone Comorate Center by The Sundance Company - southeast corner of East Overland Road and South Eagle Road: O. Findings of Fact and Conclusions of Law for Approval: 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: P. Findings of Fact and Conclusions of Law for Approval: PP 02- 015 Request for Preliminary Plat approval of 9 building lots and 4 other lots on 5.01 acres in a proposed R-3 zone for proposed Meridian City Council Agenda - November 6, 2002 Page 2 of 4 All materials presented at public meetings shall become property oithe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Drawbridae Subdivision by Pinnacle Engineers, Inc.- 4365 North Ten Mile Road: Q. Water Main Easement for Locust Grove LOS Stake Center: R. Water Main Easement for Silverstone Subdivision - Sundance Investments Limited Partnership: S. Sanitary Sewer Easement for Treasure Valley Business Center Phase 1- Gemtone, Inc.: T. Sanitary Sewer and Water Easement - Marcon. Inc.: U. Sanitary Sewer and Water Easement - Ronald Van Auker: V. Sanitary Sewer and Water Easement - Haz-Tech Holdina, Inc.: W. Sanitary Sewer and Water Easement for Turtle Creek Su~division No.3 - Ernest. Ross & Kisler: X. Agreement for Professional Services, Waste Water Treatment Plant Computerized Operations & Maintenance Manual - Brown and Caldwell: Y. Approve Bills: 4. Department Reports: A. Mayor's Office: 1. Re-appointment of Clarence Jones to Meridian Development Corporation Board: 5. (Items Moved from Consent Agenda) 6. Resolution No. Civil and Criminal Legal Services: Approving Agreements for 7. Resolution No. Granting Authority to the Boise City Attorney and Designees to act on behalf of the City of Meridian in Criminal Matters: 8. Ordinance No. RZ 02-002 Request for a rezone of 1.52 acres from R-4 to L-Q zones for the Holv Nativi~ Episcopal Church by the Holy Nativity Episcopal Church - 1021 West 8 Street: Meridian City Council Agenda - November 6, 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 hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. Ordinance No. AZ 02-017 Request for annexation and zoning of 5.41 acres from M-1 to I-L zones for Ronald Yanke property by Ronald Yanke and Walter T. Sigmont Jr. - northwest corner of East Franklin Road and North Eagle Road on East Lanark Street: 10. FP 02-022 Request for Final Plat approval of 75 building lots and 10 other lots on 24.60 acres in an R-4 zone for Cedar SprinQs Subdivision No.2 by Howel I-Murdoch Development Corporation - northwest of North Meridian Road and West Ustick Road: 11. Public Hearing: 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: 12. Public Hearing: 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 ?outh Eagle Road: 13. Public Hearing: 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: 14. Public Hearing: 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 Tullv Cove Subdivision by Ted Mason -- west of North Linder Road and south of West Ustick Road: Meridian City Council Agenda - November 6, 2002 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. >k>k TX CONFI( ..ION REPORT ** AS OF NOV 131 '132 -J9 PAGE.01 C[TY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 01 11/01 13: 24 89503913 EC--S 131' 12" 004 216 OK 02 11/01 13: 26 Laure I EC--5 131' 15" 004 216 OK 03 11/01 13: 28 208 387 6393 EC--S 131'13" 004 216 OK 134 11/131 13: 29 ADA CTY DEVELMT G3--5 132' 13" 13134 216 OK 05 11/01 13:32 CHERIE MCCANDLES EC--S 131'35" 1211214 216 OK 136 11/131 13:34 CHERRY LANE EC--S 01'36" 0134 216 OK 137 11/01 13:36 POST OFFICE EC--S 1Z12'137" 13134 216 OK IZIS 11/131 13:39 21Z18 888 1983 G3--S IZIl'39" 12104 216 OK 139 11/01 13:41 ID PRESS TRIBUNE EC--S 131' 13" 121134 216 OK 10 11/13113:43208888671Z10 EC--S 131'13"004 215 OK 11 11/131 13:48212188885854 EC--S 131'22" 131214 216 OK -------------------~-----------------------------------------~------------------------------ Ple.C<.St ?O~t j;,y-- 7tA.bLlc fLotice.-thttftlfS! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Wednesday, November 6, 2002 at 7;00 p.m. City Council Chambers 1. Roll-call 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 October 1,2002 Pre-Council Meeting: 8. Approve minutes of October 8, 2002 Pre-Council Meeting: C. Approve minutes of October 8, 2002 City Council Regular Meeting: D. Approve minutes of October 15, 2002 Pre-Council Meeting: E. Approve minutes of October 15, 2002 City Council Regular Meeting: F. Approve minutes of October 22, 2002 City Council Pre-Council Meeting: G. Approve minutes of October 22, 2002 City Council Regular Meeting: H. Tabled from October 22, 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 FarNest LlC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: J. Tabled from October 22, 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 M<tidiaaCilyCc=>, Agmdl.-No''''''bor..200l Poge 1 of4 All =<ori.>b 1R'",,,,d '" public meaiogo.ball b.come properly ofthc City.fMoridiaA Anyon'd<o.iring occommodolioo f""dioo.b~iti., relMa:l to doCUlllOlllll 0110rJ/"" hcoring pl""". OOlll.1ctlM City C1C'l\('. OtlicuI8884413 gt lout 48 b= priorto tho ""bile mr:cti.ng. ( ** TX CONF I R. JON REPORT ** ( AS OF NOIJ 01 '02\.._.24 PAGE. 01 CITY OF MERIDIAN 21 23 25 26 27 28 29 30 31 32 DATE TIME TO/FROM 11/01 13=03 3810160 11/01 13=06 PUBLIC WORKS 11/01 13:09 8841159 11/01 13:10 2088840744 11/01 13:12 2088467366 11/01 13:14 208 898 5501 11/01 13:16 LIBRARY 11/01 13:18 92083776449 11/01 13:20 208 388 6924 11/01 13:22 2083757154 STATUS OK OK OK OK OK OK OK OK OK OK MODE EC--S UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S MIN/SEC PGS 02'08" 1304 01'00" 13134 01'14" 004 01' 13" 004 01'31" 004 01' 13" 004 01'37" 004 01'12" 13134 01'35" 004 01' 13" 004 CMDIl 216 216 216 216 216 216 216 216 216 216 Ple.C<.8t ?c:8+ j;y Yu.h-lic fLo-bce.- -rhftltl/!-S! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Wednesday, November 6, 2002 at 7;00 p.m. City Council Chambers 1. Roll-call Attendance: _ TammydeWeerd _ BmNary Cherie McCandless Keith Bird _ Mayor Robert Corrie- 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of October 1, 2002 Pre-Council Meeting: B. Approve minutes of October 8, 2002 Pre-Council Meating: C, Approve minutes of October 8, 2D02 City Council Regular Meeting: D. Approve minutes of October 15, 2002 Pre-Council Meeting: E. Approve minutes of October 15. 2002 City Council Regular Meeting; F. Approve minutes of October 22. 2002 City Council Pre-Council Meeting; G. Approve minutes of October 22, 2002 City Council Regular Meeting: H. Tabled from October 22, 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 Fal'\\lest LlC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: J. Tabled from October 22. 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 Meridian Cily Couool Agocda.- N""<mbor 6. 2002 POS.l of4 All ""'Iorio!! _",".od.. Pllblio m<diaEl' ,boll b..om. P<<>j><<ly of"'" City.fMaidian. Anyone desiring .....mmod>lioo for disabUili.. roJ.,ed to datu""""," mdlar .coring pJ.,... co....'" lb. CiLy C1Cf!<'. Ollie. a[ 888-4433 III lollst 48.<>un priOf to lb. publi. J:lJCcting. t,{<:- ! I-G'6:J-\ h~ Packet Pickup MEETING DATE: /' . ) {V.2.r~+th<-t ~. U, p , uvl~ ~ BEFORE THE MERIDIAN CITY COUNCIL C/C 10/22/02 IN THE MATTER OF THE ) APPLICATION OF EAGLE ) SPRINGS INVESTMENTS, LLC ) FOR APPROVAL OF FINAL PLAT ) FOR SILHOUETTE SUBDIVISION, ) LOCATED EAST OF NORTH ) MERIDIAN ROAD AND SOUTH OF ) EAST USTICK ROAD, MERIDIAN, ) IDAHO ) ) ) CASE NO. FP-02-021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code 9 12-3-7 on October 22, 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 of the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, listing 8 General Requirements and 12 Site Specific Requirements, which are herein found fair and reasonable, and that Brad Hawkins-Clark of the Planning and Zoning Department, and Pat Tealey, 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 "SILHOUETTE SUBDIVISION" as evidenced in Plat bearing: "PLAT OF SILHOUETTE SUBDIVISION, A PORTION OF GOVERNMENT LOT 4, LYING ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILHOUETTE SUBDNISION / (FP-02-021) - 1 IN THE NW 1/4, SEC. 6., T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2002, PROJECT NO. 2477, SHEET 1 OF 2, HANDWRITTEN DATE: 9/12/02, 2477-PLT.dwg 09- 09-02 17:17:19 NANCY, TEALEY'S LAND SURVEYJNG", Eagle Springs Investments, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City COlillcil from Bruce Freckleton, Engineering Technician III, and David McKinnon Planner for the Planning and Zoning Department, dated October 16,2002, listing 8 General Requirements and 12 Site Specific Requirements, a true and correct copy of which is.attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, and the additional requirements from the action ofthe Council taken at their October 22, 2002 meeting as follows, to-wit: 1.1 The Meridian Fire Department requirements are as follows: 1. That a fire flow of 1,000 gallons per minute shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' part. 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 access roads 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 UFC. 7. The roadways shall be built to Ada County Highway Standards with a minimum clear width of34'. 8. The units will be individually addressed with 6" numbers. 9. The temporary turnaround is approved per the plan dated May 2001. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILHOUETTE SUBDIVISION I (FP-02-021) - 2 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 stonnwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State ofIdaho Catalog Of Stonnwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stonnwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 1.3 The Nampa & Meridian Irrigation District has the following requirements as follows: 1. A Land Use Change/Site application shall be filed for the District's reVIew. 2. If the development is plmming a pressure urban irrigation system that will be owned, operated and maintained by the District, contact the District concerning the installation of the pressure system. Fill out the questionnaire and return it to the District. 2. The final plat upon which there is contained the Certification and signature ofthe City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILHOUETTE SUBDIVISION I (FP-02-021) - 3 By action of the City Council at its regular meeting held on October 22, 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. BY~?~I~ Ity Clerk Dated: I/-IZ-t)~ o,IIIlIlllltlliU' \\, C "'-'". -I{, .....\,\ f O. IViLf1f,~1). 1//// ,.::. :\' ~ _____ ~J:V t''l " 0' 0'" '" ,"A. '/ .:: o'f;? '-Yr1J';"'V -;. 2' _,,0 ~o s f ~ ~ Z:\Work\M\Meridian\Meridian 1 5360M\Silhouette Sub FP02.021 \OrderFP .doc SEAL -"Y. 6':: --;. . vQ(.t ,,0 0"' - ~ 'f'() OSr 1S\ ' ~ $ '/ ":.d <:'\ ~ ~ .., "1 a ,\v ,'- '.II o~ ,,_.,.,!, ,\" 11/1,- - -\\\\ j, .i) ,:; '.~ " ' <~, ~. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILHOUETTE SUBDNISION / (FP-02-021) - 4 ,.\OA COUNTY RECORDER .J W~~~~t ~tX~~RO ~ 2002 NO -8 PH 2: 46 RECORDED. REQUEST Of FEE~~.~ I02'r3J50f -'0 MERIDIAN CiTY This sheet has been added to the document to accommodate recording information. Latecomers Reimbursement Agreement For Five Mile Creek Sewer with O'Neill Enterprises I Woodbridge Community LLC. Approved by Meridian City Council May 29, 2002 LATECOMERS REIMBURSEMENT AGREEMENT For Five Mile Creek Sewer TillS AGREEMENT, is made and entered into this 2q~ay of mo...L~ ' '2.VD2... , by and between THE CITY OF MERIDIAN. a Municipal corporation of the State ofIdaho, hereinafter referred to as "City" and WOODBRIDGE COMMUNITY LLC, an Idaho limited liability company. hereinafter the "Water User." Recitals WHEREAS, Water User is the sole owner in law and/or in equity of certain real property in Ada County, Idaho, known as Woodbridge Subdivision, and hereinafter referred to as the "Property"; and WHEREAS, City provided for the installation of a sewer line which benefited the Property~ and WHEREAS, the Property is being developed in two separate phases, known as Woodbridge Phase I and Woodbridge Phase II; and WHEREAS, the City and the Water User have agreed to the fee to be paid by Water User to City for the installation of the sewer line, hereinafter the "latecomers fee." NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. INCORPORATION OF RECITALS: The above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. LATECOMERS FEE: The City and the Water User hereby agree that the latecomers fee to be assessed to and paid by Water User to the City is the sum of One Hundred Thirty Seven Thousand Eight Hundred Ninety Seven and 18/100 Dollars ($137,897.18). 3. ALLOCATION OF LATECOMERS FEE: The latecomers fee shall be allocated between Woodbridge Phase I and Woodbridge Phase IT as follows: Woodbridge Phase I: Woodbridge Phase II: $86,835.40 $51,061.78 4. SCHEDULE FOR PAYMENT OF LATECOMERS FEE: The latecomers fee is payable as follows, to-wit: LATECOMERSAGREEMENT-l For Five Mile Creek Sewer Phase I: $86,835.40, or so much thereof as is unpaid, shall bear interest at the rate of5. 75% per annum from January 1, 2002, and shall be paid in three (3) equal, annual installments of $28,945.13 each, plus accrued interest, as follows: On December 31, 2002 On December 31, 2003 and On December 31, 2004, OR upon the sale of the final lot in the Woodbridge Phase I development, whichever event occurs first. Interest shall be paid in addition to the annual installments due. Phase II: $51,06 L 7 8 shall bear no interest The City hereby acknowledges a payment made by Water User in the sum of $27,296.00 on May 10,2002, and this amount is hereby credited against the sum due and owing under Phase II. The City hereby acknowledges a second payment made by Water User in the sum of $23,765.78 on June 12, 2002, and this amount is hereby credited against the balance that is due and owing, and with said payment it thereby causes the sum that was due and owing to be paid in full under Phase II. The City may now place its signature on the Final Plat for the Woodbridge Phase II development. 5. DEF AUL T: Any failure to perform under the terms and conditions of this Agreement shall be a default 6, REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Water User or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. In the event of a material breach of this Agreement, the parties agree that City and Water User shall have thirty (30) days after delivery of notice of said breach to correct the same LATECOMERS AGREEMENT - 2 For Five Mile Creek Sewer prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time within such failure may be cured shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7. 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: WATER USER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 c/o O'Neill Enterprises LLC Manager 168 N. 9th Street, Stet 200 Boise, Idaho 83702 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. 8. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable 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. 9. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 10. 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 each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. LATECOMERSAGREEMENT-3 For Five Mile Creek Sewer 11. INV ALID 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 therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, 12. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Water User 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 Water U sef 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 respectto City, a duly adopted resolution of City, 13. EFFECTIVE DATE: This Agreement shall be effective at such time as' both parties have executed this Agreement. IN WIlNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. CITY OF MERIDIAN ~ Mayor WOOD GE COMMUNITY LLC O'Nei I Enterprises LLC, its manager lIei\o:: o'Ne\\\\ fl'\anaqe.r "Water User" LATECOMERSAGREEMENT-4 For Five Mile Creek Sewer On this d8-rh day of 0 eto be-v- , in the year 2002, before me, a Notary Public, personally appeared Der:riok O''Neill, known or identified to meta be the Manager\),Q 1 of 0' Neill Enterprises, LLC, who exO:6~t~d the instrument on behalfofsaid O'Neill Enterprises, LLC, and acknowledged to me that such O'Neill Enterprises, LLC executed the sam~on be't\a\f of o..~d 0. g tfI;;3(1dqe (" ~ ~c. 'o<'~,\ e C Of(\1'1\Ul\ '''1 \.. LC . ~,""...... . ........' 't\llMP~ i' "r-~ ....,.0 ':0 .., .: .0..; .. ...:\.oTA.b ~ : . \". 'l'(~ ;ta (Seal) ~ * f -._ * ;. \ PtrSL\C '\ (/I,;. .. () ~~~ .<f l'e....... ..~ ##### OF 1.'0 t: '.",.........' STATE OF IDAHO,) ss County of Ad~ ) STATE OF IDAHO,) : ss County of Ad~ ) On this ~5*-' day of 1lo\J~ , 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 persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. (Seal) ......... ."oN SA!. ~ ~---~'-t:r..t:.. it.. ./O't~~~..~. .. /~ or- ~-r'. -COt ~- \ 0 . ( \ .. III I III III J · .. \ . o I · .\i'8~\C:~~l ..-...~.tiOf~.. ....... 8hM(J(l 8m1~ Notary Public for Idaho Residing at: Ark Cv twL,t:ut. J21JuJ Commission Expires: if - ZR- - oC:; jalZ:\ WorklM\MeridianlmeridianJatecornersagreementforfivemilesewer.doo LATECOMERSAGREEMENT-5 For Five Mile Creek Sewer Meridian City Council Me( May 29.2002 ' Page 10 of 52 De Weerd: I think we need to share with ITD how they can get it done in a short amount of time. Corrie: Okay. Next is the Department Report. Finance Department. Stacy Kilchenmann, Woodbridge. 7. Department Reports: A. Finance Department - Stacy Kilchenmann: 3. Woodbridge Latecomers Payment Agreement: Kilchenmann: Mr. Mayor and Council. The first item under my Department Report for you to consider is actually a latecomer's agreement type item. I think you'll find in your packet is a proposal by O'Neill Enterprises for the Woodbridge Subdivision concerning a payment agreement for their latecomer's fees. 1 think a representative of O'Neill Enterprises is here to give you a presentation or explain why they'd like to have this particular payment arrangement with your permission. Corrie: Okay. Mr. O'Neill. Name and address, please, O'Neill: Derrick O'Neill,168 N. Ninth, Suite 200, Boise, Mayor and members of the Council, thanks for hearing me tonight. Just trying to make sure you all have the most recent document. I sent over a document this afternoon dated May 29, 2002. Do you have the document? Did you get that? Corrie: No. De Weerd: I didn't pick up my mail. Bird: I've got it right here. O'Neill: I've got some extra copies. Bird: I've got it right here. It's in our box. O'Neill: First, I want to start with apologizing in taking your time tonight but a couple of other apologies. Apparently, there was some words from an employee or a consultant of mine, Scott Beechum, today and a couple of your employees that I don't endorse or condone. That's why I'm sitting here tonight. I'm talking to you as a principle of the project and speaking to you about my feelings. So, I want to apologize to Stacy if there was anything that came across as unprofessional. The second thing I want to apologize is that there's been some words or maybe understandings that if we don't get what we want, we're going to protest this whole thing, That's not the case at all. The reason I'm sitting here is, I think there's a solution that's good for the City and a solution that is good for us, Meridian City Council Me( May 29. 2002 '.. Page 11 of 52 But, those two points, I've clarifications. Maybe I'll give you some time to kind of scan through the letter dated May 29th. That is a revised note that gives you a little bit 0 f history of 0 u r view of where th is project is and then a response to somewhat curve ball, I guess, thrown at us a day or two ago in terms of the Finance Department and Public Works Departments feelings. So, I'm going to pause for a moment and let you scan that letter and then ]'II walk through it. Corrie: Derrick, I have a question on this five-year plan. Was that yours or where did that come from? O'Neill: That came from a discussion with Public Works and them saying we're comfortable with the amount and if you want to put in front of Council a different program, we're not going to stop you from doing that That was something we put in front of the Public Works Department and, in fact, communicated with the Finance Department some time ago and then we also had it in front of you as part of a packet when you reviewed Phase Two Preliminary Plat, Final Plat. Didn't ask you to take action but it was there to inform you that we had this issue on the table. So, that was our original proposal that we thought would make sense and work. .In the last three hours, I've reviewed the comments from Public Works Department or the Finance Department primarily and altered that five-year program to a program I thought was maybe more feasible for the City and something that we could live with. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, if J could ask a question of Gary? Gary, is the latecomer for Woodbridge computed on a per acre basis or a per equivalent residential unit basis? Maybe it's a question for Brad, Watson: Mr. Mayor. Council Members. Mr. Nichols, it's computed on a per acre basis. O'Neill: It appears that you've kind of had a chance to get through that. Maybe I'll walk through and help re-summarize it then I'll take any questions. As you guys recall, we've been in front of you a nd it's actually been quite some time since we came in front of you with original PUD for Woodbridge. At that time, it was still unclear of the way this latecomer's fee would be handled and whether it would be a per acre or for etc. ,etc. We, at that time, agreed that there would be some sort of exposure and some sort of cost but we also agreed that it would be something that we'd have to work out. Obviously, that got to be a real tough project for the City and I can understand why. So, it took quite some time until they even came and said here's a proposed amount. So, we're-have not been and still are not in protest that there's some dollars that we need to contribute towards that improvement. However, when we started that process a nd even went through the first phase of this, it still was not-that issue hadn't been Meridian City Council Me( May 29,2002 Page 12 of 52 brought to the table. I'm not sure exactly why. It's just been hard to finalize it, I guess. So, in moving through that, I think we came up with a program where the Public Works Department re-looked at the methodology, They re-Iooked at the dollars and they came up with this per acre amount that we felt comfortable with. But, given the fact that this process had been going for three or four years, we felt that it would be reasonable to be able to have some terms to pay that. When we go get a project financed, we usually try to put those things up front in financing a project and when you don't know what that exposure is or what the dollars is, it's very difficult to do that. As you guys are probably aware, when you put a project in, there's a ton of dollars that go in up front and we don't see a return for quite some time. So, from a cash flow standpoint, $130,000 hit is a big hit to us when we don't have it financed or a plan to pay for it. So, thus came the five-year payment program that we've put in front of you. We actually made a payment towards that. We had discussion with the Finance Department. Not with Stacy. A couple of days ago they e-mailed and said that it looked like an agreement that would make sense but the City Council, obviously, had to review it. We understood that all along. I didn't want to put Public Works or the Finance group in a position where they had to make a decision, I realized fully that they were going to put it to you guys and you were going to look at it and make the decision. As of yesterday, they came back and said, you know, maybe we ought to look this a little differently and so I've tried to react quickly to put in front of you a program that I think is a win, win position. I understand this has been extremely difficult for you guys in terms of latecomers fees now and in the past. I think this is not setting precedent. I think it has got some unique circumstances associated with it and it's a project that was put in quite some time ago. The full methodology and fee calculation wasn't done absolutely up front so I could probably go on and on but I think you understand the element of what I'm proposing. I do think it's a good thing. It may not be a great thing but I think it's a fair thing for the City. It's a fair thing for us and we're prepared to do it. I guess I'd stand for questions and we can move forward. Corrie: Okay. (inaud ible) discussion? De Weerd: Mr. Mayor? Corrie: Mrs. De Weerd. De Weerd: Well, it looks like on the Woodbridge or O'Neill Enterprises has moved their proposal from the five-year to the three-year and from what I read in the memo dated May 23rd, the City has entered into a couple of three-year plans. Is that correct, Gary, or Brad or Stacy? I don't know who's the appropriate person to answer. Kilchenmann: Mr. Mayor. Members of the Council. According to Reta, there have been two occasions in the past where the City has entered into a payment plan. I can't recall the exact developments. They were smaller developments. It's not a typical precedent of the City to enter into a payment plan but there have Meridian City Council Me( , May 29,2002 ' Page 13 or 52 been two occasions where it has been done. We have actually never agreed on any particular payment plan because that's not an area of our responsibility. That's your responsibility. I think an assumption was made that perhaps payment would indicate acceptance and I don't think either Public Works nor Finance ever purported-or that we could sign an agreement plan. We did make a suggestion-a member of my staff suggested to Mr. Conger a few weeks ago that maybe we can consider an accelerated payment plan with three payments and she was told that he would not even present that proposal to his client. Any discussions of alternate payment-and I actually have a record of phone calls and dates. We were told that would be an alternative, De Weerd: It looks from this letter that now it is. Kilchenmann: As of about 4:30 today, it did become one. De Weerd: Is this something that is along the lines of what you were thinking and would this be agreeable? Kilchenmann: Obviously, it is in the best interest of the City to have the latecomer fee paid sooner rather than later. So, that really is something that I think the Council and the Mayor need to make a decision about. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Gary, usually on latecomers fee, when you-the-somebody puts the trunk line through and then when you bring your development in, you pay up front or pay as you get your development, not on payment plans normally, is it? I mean, it's usually you pay if you get a unit of 80 acres, you pay for the 80 acres at that point. Smith: Mr. Mayor. Council Members. Councilman Bird. We started recently a policy of requiring that where the total Final Plat acreage pays the latecomer's fee at the time that the plat is signed. That's for each development lot. Cost per lot. In the past, we've collected latecomer fees at the building permit stage. Each time a building permit comes in, we get the latecomer fee. We changed that policy so that we could recover the money faster for the developer that extended the line to serve the properties that were subject to the latecomer fee. This was an item that was discussed with the process improvement group. I think it was acceptable to everyone at that time. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Me( May 29. 2002\. Page 14 of 52 Bird: On these latecomer's agreements, Gary, I know they're a real hassle but, you know, the money is either put up front by us or another developer to get it out there and neither one of us are really bankers or in the banking business. I don't know if Woodbridge-I'm sure that when they started selling their property in 2000 or-I'm sure it was the first of 2000 that this sewer trunk line fee was all figured in all their lots. I don't know how many lots they've sold, how many houses they've built or anything like that but I have a real problem of a five-year payment deal. De Weerd: That's not the request anymore. Bird: No. I know. They're requesting the three. Now I have a problem with that. I have a problem with latecomer's fees, period. I absolutely have a problem with it. I just don't think-we've put the money out. We have paid for it or some of their developer has. I don't know who put in the Five-Mile. Did we put in the Five Mile Trunk? Smith: Yes, sir, we did. Bird: Okay. We put it out so that's our money out. This development, this 80 acres, is getting the benefit of it right now, Am I not right? Smith: Yes. Bird: I just have a real problem with a payment plan but if it's been a policy in the past, we might have to live with it. But I think once the Final Plat comes in that the trunk line fee is either paid and I hope that before long that we have a different system so that we don't have to worry about latecomer fees. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: j'm curious as to what discussion was had between December from this letter up to Brad in May when this $27,000 payment was made. Was there some ongoing discussion as to what was going on or how this was going to get paid or how did that evolve? Kilchenmann: Mr. Mayor. Members of the Council. C9uncilman Nary. The first time Finance was aware of it, we had invoiced the latecomer fee as we typically do and it had gone through our accounts receivable system. Nary: Is that the $120,000 invoice that's attached for Phase One? Kilchenmann: Yes. Then when the charge was lowered, we sent a credit memo. Then we got the letter saying that it was going to be a five-year payment plan and it had been approved by Public Works and the Council. Since we did not Meridian City Council Met May 29, 2002 ' Page 15 of 52 have a record of that agreement, we asked Public Works and they said they had not made that agreement. That was basically the discussion and then we got a payment for the first payment and we went to Mr. Nichols and said we need some sort of formal or some sort of agreement between ourselves and the developer to do a payment plan that would be signed by both sides because we don't have collateral or anything, He said you've got to go to Council to have it approved. There was some discussion between my staff member and different people representing the development about what the credit memo was for and concerning that they weren't able to make the payment as we invoiced it. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Stacy, it says we have refunded $68,000. In other words, we credited. We didn't refund a check to him, did we? Kilchenmann: Mr. Mayor. Members of the Council. Councilman Bird. We literally refunded in cash. The other people that- Bird: Oh, the other people. Kilchenmann: Right. Bird: Not this developer. Kilchenmann: Correct. Bird: Excuse me. De Weerd: Mr. Mayor? Corrie: Mrs. De Weerd. De Weerd: So, was it why this was prolonged for so long, was it we did not have a clear policy, You know, I can understand what Mr. O'Neill is saying. If you don't budget it, it's not there, I f they were not clear that t hey had to pay the whole amount up front and then it was delayed because the fees needed to be recalculated-did we not have a clear policy and now we have tightened that up and so now we do have a clear policy? Is that what I'm understanding? Smith: Mr. Mayor. Council Members. Councilwoman De Weerd, We've always had the policy. The policy that we've had in the past has been payment of the latecomer fees at the time the building permit is taken out. We did not have an actual and accurate number for the latecomer fee per lot for the Five Mile Trunk extension at the time the development came, the time Woodbridge came in. Woodbridge was aware that there would be a latecomer fee for the sewer. They Meridian City Council Me( May 29,2002 \. Page 16 of 52 were made aware of that at the time the plat was being processed. There wasn't an accurate number given to them at that time. I do not recall what kind of estimated number there was given to them but a number was given to them. De Weerd: So, Gary, did they pay then per lot? Smith: No. De Weerd: Then it wasn't for the total acreage 0 r for t he first building permit issued, they paid for the whole acreage. I'm just trying how to understand how it was done versus now how we are doing it. Smith: As I understand it, the invoice that was sent to the Woodbridge developers was for the entire first phase of the subdivision. Nary: Mr. Mayor? Corrie: Okay. Are you through, Gary? Smith: I don't know if that answered the question. Historically, we've- Nary: Well, I'm looking at it and it says it was sent approximately sometime after January 31st and was received on February first by O'Neill Enterprises for $120,656. I have a hard time-I understood w hat you said, Mr. 0 'Neill, but I have a hard time believing that on February first you didn't think that we had accepted that five-year proposal of that letter to Brad Watson. On February first, we sent you a b ill for $ 120,000 and nothing got done. 0 r did it? Was there something more done? O'Neill: I can have a response to that (inaudible). If you want to just keep asking questions, then I want to respond to each of the comments because I think there are some responses to it. Corrie: All right. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: A follow-up to Gary. Gary, between the time that they started getting building permits and we sent them out a latecomer's bill or whatever you want to call it, had they been charged some of the fees that supposedly that we have been charging in the past on building permits for the latecomer or for the trunk line? And had they purchased any? Smith: Mr. Mayor. Council Members, Councilman Bird. They were not charged on the per lot basis for the latecomer fee. Stacy said that the first invoice was /' Meridian City Councfl Me~ May 29, 2002'.. Page 17 of 52 sent in September of 2001, Brad indicates that he understood or remembers that it was a condition of the approval of the plat that the latecomer fee would be paid for the total plat. Bird: That's what I'm thinking. I think that is 100 percent right and there was nothing mentioned on payments on that. It was to be paid at the plat. O'Neill: I think I can maybe try to respond because I think there's a lot of other information and I think it's important that the information is clear. I agree with Councilman Bird 1 00 percent. I don't I ike I atecomer's fees. I'd rather have It figured up front. I'd rather deal with it. However, we're in an unfortunate situation where we worked hard to try to deal with and it took the City over two years to come up with a fee and a way to charge that fee and we agreed and understand that there would be a fee paid but we didn't know what that was and it took them an awful long time to come to a conclusion on what the total cost or how the fee would be and go through that process. So, I think, this is a little bit different circumstances than the usual situation. And B, I think that prior to the new policy, we had processed Phase One plat and the approval and that was before the p oHcy .0 f charging ita II u p front. S 0, I th ink that is a little different circumstance as well. If it was based on the building permits, I think, at the time, we would have been able and agreed to do that but it wasn't at the time. Bird: That's what I'm saying. We had the agreement that you would pay that at the plat time instead of the building permits. When you didn't pay it at the plat time and it wasn't taken out on the building permits, you should have realized that you had-and I realize it's three different prices- O'Neill: There are some different phases, too. There was Phase One of Woodbridge, which is 164 home sites. That was prior to any of this agreement ever talked about j n terms of the specific fees. And then Phase Two, wed id realize and the condition read that we would either pay the fee or we would come to an agreement with Council on a fee and a payment program. That's really why we're sitting here with you today, If it would have been just the condition that said we were to pay the fee and I agreed to that, I wouldn't be sitting in front of you. But it said we had the opportunity to put in front of you a program that we would think is fair and you guys could decide on that. So, it isn't as clear cut as just saying that we agreed to pay the fee at the time of the Phase Two final plat. That's not how it read. I do think it's a little different and I agree and understand your frustration but I think this is a little bit different circumstances. In terms of Mr. Nary's question, in September, we received a bill and it was based on a methodology- ***End of Side One*** O'Neill: --and the Public Works Department and the Finance Department didn't discuss that we were still working on a fee that we were comfortable with, that they were comfortable with, that they could stand behind and so a number came Meridian City Council Me(. May 29, 2002 \ Page 18 of 52 out that was a number you guys hadn't even approved because you didn't approve the sewer latecomer's thing until January. So, we got a bHI in September that was based on something that you guys hadn't even agreed could be billed, So, I think that is a different issue, So, therefore, we said if the City Council hasn't even approved it, we're not completely comfortable with the bill. Then, come January or February, we got another bill and that was at the time that the City Council had approved the fee amount and it said that the fees have been changed and adjusted and here's a credit based on those formulations, At that time, we did know clearly, Mr. Nary, that there was going to be some sort of payment but we also were relying on our condition for Phase Two that prior to the City Engineer signing the Final Plat, you guys would have in front of you this decision to make. And you could either decide that we pay Phase Two fees at once or we could work out a payment program and, therefore, I proposed a payment program. As it relates to Tammy's question, do we have a clear policy? Absolutely not. That's why it was such a frustrating process to go through. There wasn't a clear policy. It was building permits and it was - we're in the middle of something, we don't have it figured out, so we don't have a policy, so we'll work through the process. So, we were getting moved allover the board. The building permit issue was there but the City didn't that. The Finance Department didn't like it because it's very hard to measure and monitor and check if you're getting the fees in or not. That policy changed in mid-stream while we were going through the project. Gary did make us aware that there was a fee and we definitely understand that. So, I guess, I feel like we're thrown in the barrel a little bit. Fully understand as a developer going into a city, if there are improvements that are serving your property that have been put in by someone else, you should get reimbursement for that. In fact, we have had a request in front of the City to get reimbursements for oversized sewer line and water line we put in as Woodbridge for over eight months. We have not had any response to that request. The water is helping serve the Police Department and there are three lots in that subdivision that are being served by the sewer from the oversized line in Woodbridge. We haven't had any feedback so we're on the other side of it in that case and want to move that process forward. This is not a good thing. I understand it but I think there's a point where we can work together, should be able to work together, Just one other thing, I got an e-mail and partly that's why we would be moving down the direction of thinking that there was the ability to do this. This is an e-mail from Reta in the Finance Department to Brad. It said, I just talked to Mr. Conger about the Woodbridge latecomer payments and told him we were going to agree to the five-year payment terms. This is based on 1,706 an acre for 80 acres, 136 with a 4% interest. I wanted to let you know that we did in fact receive the first payment last Friday so it looks like everything should be a go. Bird: What's the date? O'Neill: The d ate on it was May 14th. And I didn't make that payment at all constituting the fact that that would mean the City's acceptance. I know full well that you guys are going to have to deal with this issue. That led us down the Meridian City Council Me( .... May 29,2002 . Page 19 of 52 track that's a little wrong and it just hasn't been a good situation. I think there's a situation here that works. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: This question is for you. Were you aware of this? Corrie: No. 1- Bird: This five- Corrie: I see the e-mail, yes. De Weerd: We've had this one for several months. Bird: Which one? De Weerd: Requesting a five-year plan. Bird: Well, yes, I know but have you seen the e-mail? Corrie: The e-mail from Rita to Brad- Bird: May 14th. Corrie: Just talked to Mr. Conger and told him we were going to agree to the five-year payment term. Is Brad here? Bird: Yes. Corrie: Brad, did you get this memo? Bird: E-mail. Corrie: Stacy? Watson: Mr. Mayor. Council Members. I have one s,imilar to it. I don't think I have that exact one in front of me. But from what I understand, they weren't- well, obviously, Finance doesn't have the ability to enter into a financial agreement on behalf of the City but from Public Works prospective, from the very beginning, the payment schedule was not up to us. We figured out the fee and finally came to an agreement with O'Neill Enterprises once we did that. We had told them, subsequent to Derrick's letter to me, that any payment plan was up to the Finance Department and the City. This memo, this e-mail, was probably precipitated by me because I have Woodbridge Number Two Plat in my office for Meridian City Council Me( May 29,2002 . Page 20 of 52 signature right now. One of the conditions that you approved was that they had to make final payment or payment of latecomer fees or come to an agreement on a payment plan prior to me signing that. So, that's why I was acquiring at the Finance Department whether those payments or arrangements had been made. Kilchenmann: Mr. Mayor and Council. Reta, shortly after she sent this e-mail, she was notified that she did not have the authority to agree to a payment plan and we did immediately notify the developer that it would have to go before Council. Corrie: I see that, yes, you did. O'Neill: J certainly am aware that it was going to come in front of you guys. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Brad, I didn't recall on this second phase as that was the agreement, too, on the plat that we would finalize the latecomer's fees or the fees. Whatever you want to call it. So, what is your recommendation, Public Works? Nichols: Mr. Mayor? If I may interrupt? Corrie: Go ahead. Nichols: While we were considering their response, if I may ask some questions of Mr. O'Neill? Corrie: Okay. Nichols: Mr. O'Neill, in the first phase, did I hear you say there were 146 lots? O'Neill: I said 164. Nichols: 164 lots. How many of those lots have been sold? O'Neill: I don't know how many of them have been sold. I think probably somewhere in the neighborhood of sixty. Nichols: Okay. O'Neill: And that would be sold to a builder not to a consumer. Probably sixty permits but I'm not sure if that's what you're looking for. Nichols: In the second phase, how many lots were there. Meridian City Council Mel( May 29, 2002 \ Page 21 of 52 O'Neill: I think there's 113 or 114. Brad would probably know better. I think 114. Those don't include common lots but those are the-I think there's a total of 279 for the whole project. Nichols: Okay. Thank you. When you sold these first 60 lots, did you build in a price based on some sort of estimate of the per lot portion of the latecomer fee even though you didn't know exactly what it was. O'Neill: You know, we didn't. We built in the price as soon as we came to the conclusion on the total amount so we now have built them in there but at the time when we first sold them, we didn't built it in the price because we had no clue whether it would be 100 or 500 or 2,000. Nichols: Did you build in that price in December when you sent the first letter or was it-when did you build the price in? O'Neill: ! think it was December. It was right around that time, December, January, probably. Nichols: So, the 60 lots that have been sold, how many have been sold since December? O'Neill: That, I don't know. Twenty. Nichols: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Stacy, on this latecomer's fee, three years at 4%, do we recoup our costs back? I mean, we're based of 1996 dollars. Nichols: J think the dollars were adjusted in the fee calculation. Bird: I don't think when it comes from 26 down to 17, I don't think it's adjusted. J have a hard problem. I can't figure out why we all of a sudden lose $900 an acre. I don't know. We need to decide something instead of sit here and argue. Corrie: Mr. Nary. Nary: Did we get an answer to that? I mean, at 4%, are we getting any-I mean, are we spending more money to collect it? Is that a fair interest rate? I mean, it's- Kilchenmann: Mr. Mayor. Members of the Council. I'm going to let Brad answer that because he knows what the actual costs were. Meridian City Council Mel(d May 29,2002< Page 22 of 52 Watson: Mayor. Council Members. The latecomer's agreement that you approved in recent months was based on actual dollars in 1996, 1997 once the project was closed out. The $1,706 per acre fee that is calculated in that latecomer agreement is the initial. Those fees increase by 4% each year for ten years in the agreement that was approved. Back to your original question, I don't know that we necessarily recover all our costs if we're only-we're starting five years later with $97. Corrie: So, no. Watson: I'm not an economist but I would guess, no. Corrie: Thank you. De Weerd: I don't even think he has to be an economist for that one. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Mr. O'Neill, I know you told Mr. Nichols that you had not collected on your first lots but J'm sure the cost of your lots included some latecomer's fee. It might not have been the right amount but J'm sure that the businessmen that you and your dad are, you have that figured in. That's not the question right now. We need to determine how we can get this settled. I think-I, for one, don't like payment plans but on the same token, I don't like being unfair to the developer either. If he was under the agreement that there would be a latecomer payment plan, I think we have to take a look at that. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think that, I guess, the concern to me is it appears to me, Mr. O'Neill, that for Phase One, clearly we hadn't come to any real consensus at the time that plat was approved. So, I do think probably getting a bill in February for $120,000 is a little shocking because you really hadn't had an opportunity to really factor that into the sale. But I think you did for Number Two. I think for Phase Two, we're a lot closer to where we're at and you haven't even sold those lots. O'Neill: Correct. Nary: J think, at least, from the wording that you've said was approved, all it said was that we'd discuss is. I mean, you had to factor in the possibility we'd just say no and you're going to have to pay it. So, I guess, to me what's proposed by Finance, a three-year payment plan for Phase One and that Phase Two be Meridian City Council Me(" May 29,2002" Page 23 of 52 consistent with the rest of the plats that we do now. That they all be paid up front. At least, it's consistent on our part and really doesn't-it may not be what you like but it doesn't put you really behind the eight ball. You knew that going in with those conditions that that may not necessarily-you may not get a payment plan. Now we could be-your proposal, basically, is that you essentially pay about 25%,30% in this year for-you're asking us to pay 30% this year and then pick up the other in the next two years. So, basically, you paid this year and you're done and then you won't have to pay another one until next year. This $58,000 and then $56,000 the year after. That's for both lots, right? O'Neill: Yes. I don't suppose I would have a problem if it's to pay the fee up front if the $27,000 that we've paid currently could be applied towards the Phase Two fee and then you give us three years to pay the remainder for the Phase One. I don't have it planned. I didn't get it budgeted. A check that's coming out of cash is not coming out of the project's cash flow and you could say tough luck but I mean, that's reality. I'm going to have a hard time doing it so I would agree to say take that $27,000 we've paid and apply it to the remainder of fees, too, and I'll write the additional check for Phase Two but then allow us the three year plan on the Phase One. Bird: On the $86,000. O'Neill: Yes. Exactly. Nary: One of those years will be this year, not 2003. It would be this year, 2003 to 2004. O'Neill: Yes, if you give us until the end of this year, I guess, that would make it a lot easier for me. Bird: That would be about $30,000 a year. O'Neill: If you could make that to the end of this year. Give us until the end of this year to do that, I could do that. Nary: You seem to have left that a little bit open in your memo. Is that going to work? Kilchenmann: Mr. Mayor. Members of the Council. I did leave it open and up to your discretion but I completely agree with what you said. We did delay and we have to take some responsibility for not getting them the cost for Phase One but Phase Two should have been pretty clear what was going on so that we get payment for Phase Two now and then do a three year payment plan for Phase One. Nichols: Mr. Mayor? Meridian City Council Me( May 29,2002 Page 24 of 52 Corrie: Mr. Nichols. Nichols: Mr. Mayor, I would-if you agree to enter into a payment plan on Phase One, I think there needs to also be some-we could work on some language to tie in the payments to the number of lots sold because it wouldn't do us any good or Mr. O'Neill any good to have all the lots in Phase One sold in a strung out payment agreement past the time that those lots are sold. O'Neill: I don't have a problem with agreeing. By the time the last one is sold, if we don't have full and paid, we'll pay it for sure. That's fine. Nichols: We could figure in something that would tie it in so that-absolutely- and it's not a reflection on Mr. O'Neill. With some developers, if we had to do this sort of thing, those building permits, availability is the one hammer that we have. I'm not saying that you're that type of developer but if all the lots are sold and there's money owed, some developers could disappear. O'Neill: I don't have a problem with that at all, if you want to add that as a condition. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: So, essentially, Mr. Nichols, what you're suggesting is that we tie this three year payment, not just to a fixed time period but also some relationship to the number of lots that are sold. The number of building permits that are taken. Bird: Or when the first phase is filled. The last lot. Then it has to be paid and if that's a year, if it's two years. But it can't exceed three years. (inaudible) O'Neill: If we do that in six months, I'd be happy to write you a check for that because that means (inaudible) Nary: My only concern is that I don't want to string this out to 2005. I want to make sure that one third of this payment is paid this year. Bird: He's agreed to that. Nary: As long as we do that in that time period and only accelerate it at the other end, I think that's pretty reasonable. Bird: And the $27,000, as I understand, that he's paid already, will be credited towards Phase Two, which he will bring a check in to pay Phase Two and then Meridian City Council Me( May 29, 2002 Page 25 of 52 we'll set up a payment plan on the $86,000 at 4% interest with the stipulation that if before three years all the lots are sold, that it will be paid. Is that right? O'Neill: That's fine. Absolutely. Bird: Is that fair? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, what I had in mind would be to-I'll just throw this out as a possibility-if there were 40 lots that had been sold in the first phase before December, that left a hundred and-let's just use 120 lots-left to sell in Phase One as of December when the first numbers were starting to be used, we could tie this in to the end of this year, December 315\ 2002 or upon the x number- well, let's see. If he'd sold-basically, a certain number of lots sold, which ever occu rs first and then on December 3151, 2004 or upon the, you know the hundredth lot which it, you know-basically, wou[d take the number of lots left to sell at the end of last year and divide that by three in the first phase. So, if you had 120 lots, you divide by three. So, you sell down to where you've got 80 lots left, that's when the first payment is due or December 31st of this year. Which ever occurs first. Then the next year, if you're down, let's say in July, you've sold down to where you have only 40 Jots left, then the payment would be due then. Then the final year when either the last lot is sold or the end of the year, which ever occurs first. O'Neill: I wanted to look at something like that. I would-we'll break the back on this thing in probably the end of 2003. Prior to that, all of our money is going to the bank so to tie it too close, I'd rather have a little bit more flexibility and I'd rather make you put a more stringent cap on me that says by a certain date you will have it done or a certain number of permits. In the next six to eight months, every lot that comes in, we're still writing a check to the bank so we have no cash flow to fund something like that. So, I'd rather have a little more flexibility that you know for sure you're going to get 100% payment of the Phase One fee by the day we have the last permit issued or the last lot closed. If we can goose it up somehow in 2003, I'm willing to do that but I would prefer 2002 not to end up in a situation where it- Nary: J guess, for my purpose, it doesn't matter to me if we tie it to the individual lots or that we just make a December 31st, 2002, December 31st, 2003 and once the last lot is sold or December 315\ 2004- O'Neill: That's great. That's perfect. Bird: That's fine. Meridian City Council Me( May 29,2002 ' Page 26 of 52 De Weerd: That's good. Bird: J'm afraid we'd have a hard time-I was just going to ask who's going to track the lot sales? Nary: I can certain[y make a motion. Mr. Mayor? Corrie: Mr. Nary. Nary: I would move that we credit the $27,296 that's been paid by O'Neill Enterprises for Woodbridge Subdivisjon that they be credited towards Phase Two. O'Neill Enterprises will pay the remainder upon signature of the Final Plat. That the City enter into a payment agreement for the latecomer's fees for Phase One to be paid in three installments. The first installment for one third 0 f the amount due, at a 4% interest rate of the one third of the amount due, on December 31st of 2002. The second payment due on December 31st of 2003 and the third payment due December 31st of 2004 or sooner if the last lot or building permit is sold for that subdivision that all the payments will due at that juncture if it's prior to December 31 st, 2004. Bird: Second. Corrie: Okay. Motions been made and second. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. Corrie: All ayes. Motion is carried. So be it. Thank you. O'Neill: Thank you, members of the Council. Sorry to put you through that. Corrie: Stacy, your number two Finance Report. 1 . Finance Report: Kilchenmann: Mr. Mayor. Members of the Council. Moving back to the financial statement, this won't take too long. It's pretty much good news, good news. On the investment side, interest rates are, at last, leveling off and not dropping. Hopefully, that means they'll eventually begin to angle up. The general fund continues to earn more interest than budgeted in spite of interest rates because we were just keeping the minimum amount of money in operating and pushing the rest to the Idaho pool or to our investment advisor. Enterprise is doing a little less than budgeted simply because their fund balance is so dependant upon the interest rates. They have so much of that invested. On my financial statements, the first ones are the Wastewater and the Water on the Enterprise side. When you look at those, [ just want to continue to remind you that we've made some changes. The interest income in 2001, we had all of it in < J AGREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY OF MERIDIAN, IDAHO ANDBROWNANDCALD~ FOR THE PREPARATION OF A COrvIPUTERIZED OPERATIONS AND MAINTENANCE iYIANUAL t!J MlIem/Je.,. THIS AGREEMENT is made and entered into on this L day of .octob@:!r 2002, by and between the City of Meridian, Idaho, hereinafter referred to as "Client," and Brown and Caldwell, a Califor:nia corporation, hereinafter referred to as "Consultant." RECITALS: WHEREAS, Client is authorized to and desires to retain Consultant to develop and prepare a computerized operations and maintenance (O&M) manual for the Meridian Wastewater Treatment Plant, WHEREAS, Consultant has avaihble and offers to provide personnel and facilities necessary to perform the desired services within the required time; and WHEREAS, Client desires to retain Consultant to perform the services in the manner, at the time, and for the compensation set forth herein; NOW, THEREFORE, Client and Consultant agree as follows: I. DESCRIPTION OF PROJECT Client and Consultant agree that Project is as described in Exhibit A, entitled "Description of Project," If, during the course of Project, Client and Consultant agree to changes in Project, such changes shall be incorporated in this Agreement by written amendment. II. SCOPE OF CONSULTANT SERVICES Consultant agrees to perform those services described hereafter. Unless modified in writing by both parties, duties of Consultant shall not be construed to exceed those services specifically set forth herein. A. Basic Services Consultant agrees to perform those basic services described in Exhibit B entitled "Scope of Services," (the "Services"). Any tasks not specifically described in Exhibit B are Additional Services. P: \ T mnsfer\ T crry Price \McridianOct15.doci October 21, 2002 Page 1 of 10 , , III. RESPONSIBILITIES OF CLIENT In addition to payment for the Services performed under this Agreement, Client shall: 1. Assist and cooperate with Consultant in any manner necessary and within its ability to facilitate Consultant's performance under this Agreement. 2. Designate in writing a person to act as Client's representative with respect to this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Client's policies, make decisions and execute documents on Client's behalf. 3. Furnish Consultant with all technical data in Client's possession including, but not limited to, maps, surveys, drawings, soils or geotechnical reports, and any other information required by, or useful to, Consultant in performance of its Services nnder this Agreement. Consultant shall be entitled to rely upon the information supplied by Client. 4. Notify Consultant of any known or potential health or safety hazards existing at or near the project site. 5. Provide access to and/or obtain permission for Consultant to enter upon all property, whether or not owned by Client, as required to perform and complete the Services. 6. If Consultant's scope of work includes services during construction, Client will require the construction contractor to indemnify and hold hannless Consultant, its officers, employees, agents, and consultants against claims, suits, demands, liabilities, losses, damages, and costs, including reasonable attorneys' fees and all other costs of defense, arising out of the performance of the work of the contractor, breach of contract, or willful misconduct of the contractor or its subcontractors, employees, and agents. Client will require the contractor to name Consultant, its directors, officers and employees as additional insureds on the contractor's general liability insurance and/or Owner's and Contractor's Protective policy (OCP), and any builder's risk, or other property insurance purchased by Client or the contractor to protect work in progress or any materials, supplies, or equipment purchased for installation therein. Client will furnish contractor's certificates of insurance evidencing that Consultant, its officers, employees, agents, and consultants are named as additional insureds on contractor's general liability and property insurance applicable to the Project. Contractor's policies shall be primary and any such insurance carried by the Consultant shall be excess and noncontributory. The certificates shall provide that Consultant be given 30 days' written notice prior to any cancellation thereof. IV. AMERICANS WITH DISABILITIES ACT Any other provision of this Agreement to the contrary notwithstanding, unless otherwise specified in the Scope of Services, Client shall have sole responsibility as between Client and Consultant for compliance with the Americans With Disabilities Act ("ADA") 42 U.S.c. 12101 et. Seq. and the related regulations. P: \ Transfer\ Terry Price\MeridianOct15.doc October 21,2002 Page 2 of 10 V. AUTHORIZ.ATION AND COiYrPLETION In signing this Agreement, Client grants Consultant specific authorization to proceed with work specified in Exhibit B. This conttact shall be active for eighteen (18) months commencing on the date Consultant receives authorization to proceed with the work from the Client. TIlls includes delivery of a final draft manual within twelve (12) months of conttact initiation and an additional 3 months for Client sL'tff to utilize and produce comments for the final manual submission. Consultant shall use its best efforts to perform the work specified in Exhibit B within the estimated time. VI. COtvrPENSATION A. Amount For the Services described in Exhibit B, Client agrees to pay, and Consultant agrees to accept compensation in accordance with Exhibit C. Where Consultant has provided Client with a breakdown of the total compensation into subtasks, such breakdowns are estimates only. Consultant may reallocate compensation between tasks, provided total compensation is not e."{ceeded without the approval of Client. B. Payment As long as Consultant has not defaulted under this Agreement, Client shall pay Consultant within 30 days of the date of Consultant's invoices for services performed and reimbursable expenses incurred under this Agreement. If Client has reason to question or contest any portion of any such invoice, amounts questioned or contested shall be identified and notice given to Consultant, within 15 days of the date of the invoice. Any portion of any invoice not contested shall be deemed to be accepted and approved for payment and shall be paid to Consultant within 30 days of the date of the invoice. Client agrees to cooperate with Consultant in a mutual effort to resolve promptly any contested portions of Consultant's invoices. In the event any W1contested portions of any invoice are not paid within 30 days of the date of Consultant's invoice, interest on the unpaid bahnce shall accrue beginning with the 31st day at the maximum interest rate permitted by law. VII. RESPONSIBILITY OF CONSULTANT A Standard of Care--Professional Services Subject to the express provisions of the agreed scope of work as to the degree of care, amount of time and expenses to be incurred, and subject to any other limitations contained in this Agreement, Consultant shall perform its Services in accordance with generally accepted standards and practices customarily utilized by competent engineering firms in effect at the time Consultant's Services are rendered. Consultant does not expressly or impliedly warrant or guarantee its Services. P:\ Transfer\ Terry Price\MeridianOctlS.doc October 21, 2002 Page 3 of 10 B. Reli'l.nce upon Information Provided by Others If Consultant's performance of services herelU1der requires Consultant to rely on information provided by other parties (excepting Consultant's subcontractors), Consultant shall not independently verify the validity, completeness, or accuracy of such information unless otherwise expressly engaged to do so in writing by Client. C. Consultant's Opinion of Probable Costs (Cost Estimate) Client acknowledges that construction cost estimates, financial analyses and feasibility projections are subject to many influences including, but not limited to, price of labor and materials, unknown or latent conditions of existing equipment or structures, and time or quality of performance by third parties. Client aclmowledges that such influences may not be precisely forecasted and are beyond the control of Consultant and that actual costs incurred may vary substantially from the estimates prepared by Consultant. Consultant does not warrant or guarantee the accuracy of construction or development cost estimates. D. Construction Phase Services 1. Consultant's Activities at Construction Site. The presence of Consultant's personnel at a construction site, whether as on-site representative, resident engineer, construction manager, or o then vise, does not make Consultant responsible for those duties that belong to Client and/or construction contractors or others, and does not relieve construction contractors or others of their obligations, duties, and responsibilities, including, but not limited to, construction methods, means, techniques, sequences, and ptocedures necessary for completing all portions of the construction work in accordance with the contract documents, any health or safety programs and precautions required by such construction work, and any compliance with applicable laws and regulations. Any inspection or observation of the contractor's work is solely for the purpose of determining that the work is generally proceeding in conformance with the intent of the ptoject specifications and contract documents. Consultant makes no warranty or guarantee with respect to the performance of a contractor. Consultant has no authority to exercise control over any construction contractor in connection with their work or health or safety programs and precautions. Except to ptotect Consultant's own personnel and except as may be expressly required elsewhere in the scope of services, Consultant has no duty to inspect, observe, correct, or report on health or safety deficiencies of the construction contractor. 2. Shop Dra'i.vIDg and Submittal Review. If required by Consultant's Scope of Services, Consultant shall review shop drawings or other contractor submittals for general conformance with the intent of the contract documents. Consultant shall not be required to verify dimensions, to engineer contractor's shop drawings or submittals, nor to coordinate shop drawings or other submittals with other shop drawings or submittals provided by contractor. P: \ T ronsfer\ Terry Priee \MecidianOet15.doe October 21, 2002 Page 4 of 10 3. Record Drawings. Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the Project was finally constructed. Consultant is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. VIII. ASSIGNMENT OF TASKS TO AFFILIATES A. If the authorized scope of work includes construction activities or the oversight of construction, Consultant may, at its discretion and upon notice to Client, assign all of its contractual rights and obligations \vith respect to such activities or services to Brown and Caldwell Constructors, its wholly owned affiliate. B. If the authorized scope of work requires professional services to be performed in a jurisdiction in which Consultant renders professional services solely through a locally registered engineering affiliate for purposes of compliance with professional licensing requirements in that jurisdiction, Consultant may, in its discretion, upon notice to . Client, assign its contractual rights and obligations \vith respect to such activities or services to such locally registered engineering affiliate. IX. ASBESTOS/HAZARDOUS !viA 1ERIALS Consultant and Consultant's subcontractors shall have no responsibility for the discovery, handling, removal, or disposal of or exposure of persons to asbestos or hazardous or toxic materials that are present in any form at the Project site. Professional services related to or in any way connected with the investigation, detection, abatement, replacement, use, specification, or removal of products, materials, or processes containing asbestos or hazardous or toxic mate:ciaJ.s are beyond the scope of this Agreement. Client shall be solely responsible for notifying all appropriate governmental agencies, including the potentially effected public, of the existence of any hazardous or toxic mate:ciaJ.s located on or in the project site at any time. In the event Consultant encounters asbestos or hazardous materials at the jobsite, Consultant may, at its option and without liability for damages, suspend the performance of services on the Project until such time as Client and Consultant mutually agree on an amendment to this Agreement to address the issue, or Client retains another specialist consultant or contractor to identify, classify, abate and/or remove the asbestos and/or hazardous mate:ciaJ.s. X. CONSULTANT'S WORK PRODUCT A. Scope Consultant's work product which is prepared solely for the purposes of this Agreement, including, but not limited to, drawings, test results, recommendations and technical specifications, whether in hard copy or electronic form, shall become the property of Client when Consultant has been fully compensated as set forth herein. Consultant may keep copies of all work product for its records. P: \ T ransfec\ Terry Price \MeridianOctlS.doc October 21,2002 Page 5 of 10 Consultant and Client recogruze that Consultant's work product submitted in perfonnance of this Agreement is intended only for the project described in dus Agreement. Client's alteration of Consultant's work product or its use by Client for any other purpose shall be at Client's sole risk, and Client shall hold harmless and indemnify Consultant against all losses, damages, costs and expense, including attorneys' fees, arising out of or rebted to any such alteration or unauthorized use. B. Electronic Copies If requested, solely as an aid and accommodation to Client, Consultant may provide copies of its work product documents in computer-readable media ("electronic copies," "CADD''). These documents will duplicate the documents provided as work product, but will not bear the signature and professional seals of the registered professionals responsible for the work. Client is cautioned that the accuracy of electronic copies and CADD documents may be compromised by electronic media degradation, errors in format translation, file corruption, printing errors and incompatibilities, operator inexperience and file modification. Consultant will maintain the original copy, which shall serve as the official, archived record of the electronic and CADD documents.' Client agrees to hold harmless, indemnify and defend Consultant from any claims arising out of or relating to any unauthorized change or alteration of electronic copies and CADD documents. XI. INDENINIFICA TION A. Indemnification of Client Consultant agrees to indemnify, defend, and hold Client harmless from and against any liability to the extent arising out of the negligent errors or negligent omissions of Consultant, its agents, employees, or representatives, in the performance of Consultant's duties under this Agreement. B. Consequentiill Damages Regardless of any other term of this Agreement, in no event shall either party be responsible or liable to the other for any incidental, consequentiill, or other indirect damages. XII. CONSULTANT'S INSURANCE Consultant shall procure and maintain the following minimum insurance: 1. Commercial general liability insurance, including personal injury liability, blanket contractual liability and broad-form property damage liability coverage. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 2. Automobile bodily injury and property damage liability insurance covering owned, non- owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be notless than $1,000,000. 3. Statutory workers' compensation and employer's liability insurance as required by state law. 4. Professional liability insurance. The policy limit shall be not less than $1,000,000. P: \ Trnnsfer\ Terry Price\MericlianOct1S.doc October 21,2002 Page 6 of 10 Upon request, Consultant shall submit to Client certificates of insurance for the policies listed above. The certificates shall provide that the insurance company gives written notice to Client at least ten days prior to cancellation of the policy. XIII. CONFIDENTIALITY Consultant agrees it ....vill maintain the confidentiality of material it receives from Client which Client has dearly identified as "Confidential" and ....vill not disclose, distribute, or publish to any third party such confidential information without the prior permission of Client. Notwithstanding the foregoing, Consultant shall have no confidentiality obligation with respect to information that: 1) becomes generally available to the public other than as a result of disclosure by Consultant or its agents or employees; 2) was available to Consultant on a non-confidential basis prior to its disclosure by Client; 3) becomes available to Consultant from a third party who is not, to the knowledge of Consultant, bound to retain such information in confidence. In the event Consultant is compelled by subpoena, court order, or administrative order to disclose any confidential information, Consultant shall promptly notify Client and shall cooperate Vlith Client prior to disclosure so that Client may take necessary actions to protect such confidential information from disclosure. XIV. SUBCONTRACTS Consultant shall be entitled, to the extent determined appropriate by Consultant, to subcontract any portion of the services to be performed under this Agreement. For the Meridian on-line manual, no subcontracts are anticipated. Consultant will not subcontract without prior consent from the City of Meridian. XV. SUSPENSION OF WORK Work under this Agreement may be suspended as follows: 1. By Client. By written notice to Consultant, Client may suspend all or a portion of the Work under this Agreement if unforeseen circumstances beyond Client's control make normal progress of the Work impracticable. Consultant shall be compensated for its reasonable expenses resulting from such suspension including mobilization and demobilization. If suspension is greater than 30 days, then Consultant shall have the right to tenninate this Agreement in accordance with Article XVI, Termination of Work. 2. By Consultant. By written notice to Client, Consultant may suspend the Work if Consultant reasonably detenn.ines that working conditions at the Site (outside Consultant's control) are unsafe, or in violation of applicable laws, or for other circumstances not caused by Consultant that are interfering with the normal progress of the Work. Consultant's suspension of Work hereunder shall be without prejudice to any other remedy of Consultant at law or equity. P: \ Trans fcr\ Terry Price \McridianOct1S.doc October 21,2002 Page 7 of 10 x\TI. TER1\HNA TION OF WOlUZ A. This Agreement may be terminated by Client as follows: (1) for its convenience on 30 days' notice to Consultant, or (2) for cause; if Consultant materially breaches this Agreement through no fault of Client and Consultant neither cures such material breach nor makes reasonable progress toward cure within 15 days after Client has given written notice of the alleged breach to Consultant. B. This Agreement may be terminated by Consultant as follows: (1) for cause, if Client materially breaches this Agreement through no fault of Consultant and Client neither cures such material breach nor makes reasonable progress toward cure within 15 days after Consultant has given written notice of the alleged breach to Client, or (2) upon five days' notice if work under this Agreement has been suspended by either Client or Consultant for more than 30 days in the aggregate. C. Payment upon Termination In the event of termination, Consultant shall perform such additional work as is' reasonably necessary for the orderly closing of the Work. Consultant shall be compensated for all work performed prior to the effective date of termination; plus work required for the orderly closing of the Work, including: (1) authorized work performed up to the termination date plus termination expenses, including all labor and expenses, at Consultant's standard billing rates, directly attributable to termination; (2) all efforts necessary to document the work completed or in progress; and (3) any termination reports requested by Client. Except for termination of Consultant by Client for cause, Consultant shall also receive a termination fee equal to 15 percent of the total compensation yet to be earned under existing authorizations at the time of termination to account for Consultant's rescheduling adjustments, reassignment of personnel, and related costs incurred due to termination. XVII. ASSIGNMENT This Agreement is binding on the heirs, successors, and assigns of the parties hereto. Except as otherwise set forth under Article VIII, Assignment of Tasks to Affi.futes, this Agreement may not be assigned by Client or Consultant without prior, written consent of the other. XVIII. NO BENEFIT FOR THIRD PARTIES The services to be performed by Consultant are intended solely for the benefit of Client, and no benefit is conferred on, nor contractual relationship established with any person or entity not a party to this Agreement. No such person or entity shall be entitled to rely on Consultant's services, opinions, reconunendations, plans, or specifications without the express written consent of Consultant. No right to assert a claim against the Consultant, its officers, employees, agents, or consultants shall accrue to the construction Contractor or to any subcontractor, supplier, manufacturer, lender, insurer, surety, or any other third party as a result of this Agreement or the performance or nonperfonnance of the Consultant's services hereunder. P:\ Transfer\ Terry Price\MeridianOctlS.doc October 21,2002 Page 8 of 10 XIX. FORCE NfAJEURE Consultant shall not be responsible for delays caused by circumstances beyond its reasonable control, including, but not limited to (1) strikes, lockouts, work slowdowns or stoppages, or accidents, (2) acts of God, (3) failure of Client to furnish timely information or to approve or disapprove Consultant's instruments of service promptly, and (4) faulty performance or nonperformance by Client, Client's independent consultants or Consultants, or governmental agencies. Consultant shall not be liable for damages arising out of any such delay, nor shall the Consultant be deemed to be in breach of this Agreement as a result thereof. XX. INTEGRATION This Agreement represents the entire understanding of Client and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. Any purchase order issued by Client, whether or not signed by Consultant, and any terms and conditions contained in such purchase order which are inconsistent with this Agreement shall be of no force and effect. XXI. SEVERABILITY If any part of this Agreement is found unenforceable under applicable laws, such part shall be inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. XXII. CHOICE OF LAW IJURISDICTION This Agreement shall be administered and intetpreted under the laws of the state in which the BC office responsible for the project is located. Jurisdiction of litigation arising from the Agreement shall be in that state. XXIII. ATTORNEYS' FEES In the event either party commences legal proceedings against the other, then the prevailing party shall, in addition to any other recovery, be entitled to recover its reasonable attorneys' fees and all other costs of such proceeding. XXIV. NOTICES All notices required under this Agreement shall be delivered by facsimile, personal delivery or mail and shall be addressed to the following persons: Brad Musick Project Manager Brown and Caldwell 3514 NW McKinley Drive Corvallis, OR 97330 Fax: 541/758-1439 John Shawcroft Superintendent Meridian Wastewater Plant 3401 N Ten :Nfile Road Meridian, ID 83642 Fax: 208/884-0744 P: \ Tmnsfer\ Terry Price\MeridianOctlS.doc October 21, 2002 Page 9 of 10 \ Notice shall be effective upon delivery to the above addresses. Either party tTh'lY notify the other that a new person has been designated by it to receive notices, or that the address or Fa.'\{ number for the delivery of such notices has been changed, provided that, until such time as the other party receives such notice in the manner provided for herein, any notice addressed to the previously-designated person and/or delivered to the previously-designated address or Fa.'\{ number shall be effective. XXv. AUTHORIZATION The persons executing this Agreement on behalf of the parties hereto represent and warrant that the parties have all legal authority and authorization necessary to enter into this Agreement, and that such persons have been duly authorized to execute this Agreement on their behalf. IN WITNESS \'V'HEREOF, the parties hereto have executed this Agreement as of the date first above written. BRO\'VN AND CALDWELL CIIT OF 1vfERIDIAN, IDAHO Printed Name Bryan K. Paulson Sign.'tuxe _ ~4..AJ.~ ' " Rab.'('1" D. Cot'"r-\~ Signahu:e ~~ Title Vice President Federal Tax ID number: 94-1446346 II_~ -02. P:\ Transfer\ Terry Price\MeridianOctlS.doc October 21,2002 Page 10 of 10 EXHIBIT A DESCRIPTION OF PROJECT Develop and prepare a computerized O&M manual for the Meridian Wastewater Treatment Plant as described in Exhibit B, Scope of Services. The on-line manual shall include tables, graphics and photographs describing each major unit process. The O&rvl manual will act as a reference and training source for utility employees. EXHIBIT A - DESCRIPTION OF PROJECT October 21, 2002 Page 1 ofl EXHIBIT B SCOPE OF SERVICES TASK 1. FORM OPERATIONS STAFF ADVISORY COMMITTEE (SAC) Purpose: To develop a committee to provide guidance in the format, features, and architecture of the O&M manual, as well as critically review its contents. The SAC may be composed of Client staff only or include outside consultants. Task 1.1. Identify committee members and confirm their availability for involvement. Task 1.2. Schedule meetings and prepare agenda for SAC. Task 1.3. Prepare and submit review packets in advance of the meetings. Task 1.4. Attend and facilitate three meetings of the SAC meetings, including: 1. Kickoff/Manual outline and architecture- Introduction and brainstorming session to identify the target audience, need-to-know information, features (photographs, audio, video, etc.), and format (tables versus text-based). Review outline and linkage architecture developed as a result of kickoff meeting. 2. Model Chapter Review- Discuss comments about SAC review of model chapter before proceeding with full manuaL 3. Full Review- Discuss comments about SAC review of full manual for finalizing manual. Task 1.5. Write and submit a summary of SAC meeting minutes. TASK 2. DATA COLLECTION AND INFORMATION GATHERING Purpose: To collect the necessary information for preparing text and graphics for the O&M manual. Task 2.1. Meet with designated Client staff to discuss specifics of developing the manual. Task 2.2. Review available plans, specifications, O&M manuals, manufacturers' manuals, and other information that may be used during development of the O&M manuaL Task 2.3. Provide on-site verification of equipment, pipes, valves, and gates. Compare plans, specifications, and operations figures with piping and valves, and location of equipment. Task 2.4. Interview project managers, project engineers, co-consultants, and equipment manufacturers/representatives to resolve questions about design and operation. EXHIBIT B - SCOPE OF SERVICES October 21, 2002 Page 1 of 5 TASK 3. PREPARE OUTLINE AND LINKAGE ARCHITECTURE Purpose: To develop a comprehensive outline of the O&M manual to ensure that all subject areas will be covered in the manual and to develop the linkage architecture that will integrate text and graphics. Task 3.1. Prepare outline based on information collected in Task 2. Task 3.2. Prepare linkage architecture of the need-to-know information, graphics, and other features based on SAC input during the kickoff meeting. Task 3.3. Submit the outline and linkage architecture to the SAC for review. Task 3.4. Incorporate SAC comments based on manual outline/architecture review meeting. TASK 4. PREPARE STANDARDS DEVELOPMENT GUIDE Purpose: To prepare a guide for development of the computerized 08dv1 manual. Task 4.1. .Prepare guide based on SAC input during kickoff/outline/architecture review meetings including graphics formatting requirements, file naming conventions, and other standards. Task 4.2. Submit development guide to SAC for review. Task 4.3. Incorporate SAC comments based on input during pre-development meeting. TASK 5. PREPARE MODEL CHAPTER Purpose To prepare a model chapter based on O&M manual Development Guide. Task 5.1. Prepare a complete, computerized model chapter. See Tasks 6, 7, and 8. Task 5.2. Submit the model chapter to SAC for review. Task 5.3. Incorporate SAC comments into the O&M manual Development Guide and model chapter based on input during the model chapter review meeting. TASK 6. WRITE TEXT FOR FULL O&M MANUAL Purpose: To prepare the text portions of the 0&1\11 manual. The presentation of text will be based on the styles and format developed in conjunction with the SAC. Task 6.1. Prepare text for the O&M manual based on a format developed in conjunction with the SAC. EXHIBIT B - SCOPE OF SERVICES October 21, 2002 Page 2 of 5 Task 6.2. Prepare chapters for the following processes: · Headworks · Primary treatment · Secondary treatment · Tertiary Filters · Post Settling Ponds · UV Disinfection · Effluent pump station · WAS thickening · T-PAD Anaerobic digestion · Centrifuge Dewatering · Auxiliary Systems (Emergency Generators, Non-potable water system, plant drainage, Chemical feed systems) Upon completion of each chapter, Be will submit to City representatives for review and comments. TIlls process will be on going throughout the manual development. The City will provide timely return on reviews to ensure BC meets project timeline. Task 6.3. Prepare sections for the chapters outlined in Task 6.2. · Overview · Functional description · Equipment/instrument description · Control description · Standard operating procedures (SOPs) · Alarm response guides · Troubleshooting TASK 7. PREPARE GRAPHICS FOR FULL MANUAL Purpose: To prepare graphics for the O&M manuals. Task 7.1, Prepare all graphics in AutoCADtlll or CorelDrawtlll. Task 7.2. Prepare up to 15 figures for the aMI manual to clarify text descriptions. Task 7.3. Prepare up to ten hypertext links per figuxe for linking to text description of figuxe component. Task 7.4. Prepare plant site map far use as access to unit processes afMeridian W\XlTP. Either an aerial photograph or graphic illustration can be used. EXHIBIT B - SCOPE OF SERVICES October 21, 2002 Page 3 of 5 TASK 8. PRODUCE PHOTOGRAPHS FOR FULL l\1ANUAL Purpose: To produce photographs for the O&M manual. Task 8.1. Provide color photographs to enhance orientation and text descriptions. Generally, at least two (2) photographs per unit process are used (to show layout and detail). Task 8.2. Include "popup" windows with labels to highlight main components or to note equipment information on each photograph of a unit process area. TASK 9. SUBMIT TEXT AND GRAPHICS FILES AND ORIGINAL PHOTOGRAPHS Purpose: To submit text, figures, and photographs in a medium that will facilitate updating the O&1v1 manual as conditions warrant. Task 9.1. Text will be submitted in MS Wordilll (or other software required by the client) files. Task 9.2. Graphics will be submitted in AutoCAD, or CoreIDraw. Task 9.3. Photographs will be submitted on a compact disk. TASK 10. PRODUCE FINAL O&M MANUAL Purpose: To produce the final version of the computerized O&M manual plus two bound copies for use by staff. Task 10.1. Submit final "draft" O&M manual to Client staff for technical review and comment. Task 10.2. Allow use and review of the manual for up to 6 months. Incorporate comments in final manual. Task 10.3. Install final computerized O&M manual onto Client's server. Task 10.4. Reproduce two hard copies of the text and graphics of the O&M manual. Task 10.5. Provide two 3-ring bound copies of the final 0&1'1 manual to Client staff. EXHIBIT B - SCOPE OF SERVICES October 21, 2002 Page 4 of 5 TASK 11. PROJECT MANAGEMENT Purpose: To ensure that quality O&M manuals are produced on time and on budget, and to ensure good communication with Client staff. Task 11.1. Manage task progress and task budget on a monthly basis. Task 11.2. Maintain close liaison with Client project manager. Task 11.3. Review all work output for accuracy, clarity, and continuity. Task 11.4. Prepare monthly progress reports for Client project manager review. Task 11.5. Prepare monthly invoices showing status and percent complete. EXHIBIT B - SCOPE OF SERVICES October 21, 2002 Page 5 of 5 EXHIBIT C COST The lump sum cost for the manual (covering all the plant's major unit processes) as detailed in the Exhibit B, Scope of Services, is $147,000. Consultant will invoice monthly for work completed. EXHIBIT C - COST October 16, 2002 Page 1 of 1 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Wednesday, November 6, 2002 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: -L Tammy de Weerd 0 -Ii- Cherie McCandless X X Mayor Robert Corrie Bill Nary aN11\r.e~ € 5."1/ Plr- Keith Bird 2. Adoption of the Agenda: a~o v~ 3. Discussion concerning Waltman Lane J Meridian Road J Central Drive J Main Street Intersection Design: do /lot- cUea.p- ;.n-c7jLc-t- 4. Review of Amended Floodplain Ordinance: Se:I -An- p / A- S. Update on Ten Mile Interchange: fA P tCtv'ie.. 6. Discussion on update of Parks Partnerships: cupdZa.l-fI..- 7. Discussion of MUSS: -PM ~l /1-12.-19'2-- Meridian City Council Agenda - November 6, 2002 Page 1 of I 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. MAYOR Robert D. Corrie .~ ;:r:;,'it' .:,~~~, 'if: clfe;dl:;~~; \, ~ IDAHO ~ ,>. f ~c. ~ ~'~~,"" . \ 1903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 PARKS & RECREATION (208 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 'Fax 887- I 297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird REVISED 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-C~uncil Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Wednesday, November 6,2002 at 5:30 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: - Discussion concerning Waltman Lane / Meridian Road / Central Drive / Main Street Intersection Design - Review of Amended Floodplain Ordinance - Update on Ten Mile Interchange - Discussion on update of Parks Partnerships - Discussion of MUBS The public is welcome to attend. DATED this 1 st day of November, 2002. JA::" WILLIAM G. BERG, J 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-[ 193 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Wednesday, November 6, 2002 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Review of Amended Floodplain Ordinance: 4. Update on Ten Mile Interchange: 5. Discussion of MUSS: 6. Discussion on update of Parks Partnerships: Meridian City Council Agenda- November 6, 2002 Page I ofl 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 Cleric's Office at 888-4433 at least 48 hours prior to the public meeting. MAYOR Robert D. Corrie "r"t~.. ~'~(' R_-.~;r:fi;r'~ ~ cMe;;dl;~~~ '\ ~ IDAHO I.~ 1& .by 'h- Q/ '~'S,"CE '! 1903 LEGAL DEPARTMENT (208) 288-2499 . Fux 288-2501 PARKS & RECREATION (208 888-3579. Fux 898-5501 PUBLIC WORKS (208) 898-5500 . Fux 887-1297 BUILDING DEPARTMENT (208) 887.221 I . Fux 887-1297 PLANNING AND ZONING (208) 884-5533 . Fux 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd 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 HalJ, 33 East Idaho, Meridian, Idaho, on Wednesday, November 6,2002 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: - Review of Amended Floodplain Ordinance - Update on Ten Mile Interchange - Discussion of MUBS - Discussion on update of Parks Partnerships The public is welcome to attend. DATED this 1 st d~tl~f, November, 2002. \1111 1111,. .Ji ,,\\~ of ME:!=?/;':'II// ,\ ..c.~ 1.e.N 1/ . " )., '--1. 'l .. ~~' (j rP\1PO""r. 'l- '\ ~ ~ /J-L-;r , ~. ... ~ ('0 ,. f ~ % WILLIAM G. BERG, JR. - c'fTY CLERK ~ 1'0 '\, '1r <~;~~, ....'(,~!.. i,{ 33 EAST IDAHO . ~RIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-48 J 3 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 288-1 J 93 November 27,2002 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST December 3, 2002 ITEM NO. Approve minutes of November 6, 2002 Pre-Council Meeting: 6-fL AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS vJ.-I tAiyro Date: Phone: Materials presented at publiC meetings shall become property of the City of Meridian. CITY OF MERIDIAN PRE-COUNCil MEETING AGENDA Wednesday, November 6,2002 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: x X Tammy de Weerd 0 Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve 3. Discussion concerning Waltman lane I Meridian Road I Central Drive J Main Street Intersection Design: Do not delay project 4. Review of Amended Floodplain Ordinance: Set for Public Hearing 5. Update on Ten Mile Interchange: Update 6. Discussion on update of Parks Partnerships: Update 7. Discussion of MUBS: Table until November 12,2002 Meridian City Councj] Agenda - November 6, 2002 Page 1 of! All materials presented at public meetings shall become property of the City of Meridiaa 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 Meetina November 6. 2002 The Pre-Council Meeting of the Meridian City Council was called to order at 5:30 P.M. on November 6,2002, by Mayor Robert Corrie. Members Present: Robert Corrie, Cherie McCandless, Tammy de Weerd, Keith Bird and Bill Nary arrived at 5:41 Others Present Bill Nichols, Brad Hawkins-Clark, Steve Siddoway 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'll open the Pre-Council Meeting Wednesday November 6,2002 at 5:30 P.M. Mr. Clerk if you would have roll call attendance please. Item 2. Adoption of the Agenda: Corrie: Next on the item is adoption of the agenda of the Pre-Council. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that we adopt the agenda as published. McCandless: Second. Corrie: Motion has been made and seconded to adopt the agenda as published. Any further discussion. Hearing that all those in favor of the motion say aye. All ayes, motion carried. MOTION CARRIED: ALL AYES Item 3. Discussion concerning Waltman Lane I Meridian Road I Central Drive I Main Street Intersection Design: Corrie: Item 3 is the discussion concerning Waltman Lane / Meridian Road / Central Drive / Main Street Intersection design. Erv Olen. Olen: Thank you Mayor. Erv Olen, Community Planning Association. Clair Bowman asked me and I've been working with Mayor Corrie on trying to bring to Meridian City Pre-Council Meetlrl!,! November 6, 2002 Page 2 of 29 some reasonable, not necessarily a conclusion, but approach on how to solve or resolve this issue. I'm here tonight to give you some background, status of where we are and frankly to ask for some direction should we continue to proceed, and the implications of that. Perhaps the background, and I know you probably all know a lot of this but I'd like to summarize it. Ada County Highway District has completed a design and in fact down some of the construction for the improvements of Waltman Lane, Main and Meridian and I'm sure your all familiar with it but it includes some work that has already been done on Main going up to Corporate Drive improvements on Corporate Drive. By the way we think whoever is responsible for the signal for our offices, it makes it a lot easier to get in and out. One of the key parts of making it all work is solving the intersection coming out of Waltman Lane and getting into the system and the Highway District solution is to. On new alignment build a connection into Meridian Road and have limited turn movements out of the Waltman Lane area. The only way you can get in and out of there with left turns is to go up Corporate over to Meridian and come back in and conversely to go out and what that does is make this intersection operate much more efficiently. A developer as you know is interested in deve].oping this area more intensively. We don't have a description exactly of what they want but the current zoning apparently allows them to develop at a pretty high commercial potential and in working with them they are going to be giving us some more specific development assumptions. Because of their concerns with this scheme for access they hired a consultant to come up with an alternate scheme. Thanks Steve. That scheme would essentially make a one way pair with Main going North bound and Meridian coming South bound tying into this intersection and then having a new connection coming out of the Waltman Lane area. The advantage of this is that traffic destined to this area to their development would have much better access in and out. Now operationally this would work but there are some problems with the one-way pair. Particularly when it ties into Franklin Boulevard it creates all kinds of problems at Franklin. Also the other part of the problem is the original design Ada County Highway District had is scheduled to be constructed in 2004 and I understand today is the decision point with them is whether to proceed with that or delay it a year. That's one reason we are tonight asking for some direction on what we should do. I've been working with the developer and Mayor Corrie and with Ada County Highway District on trying to come up with a resolution to all of this and my conclusion is - first of all the city has rezoned this area for development. You have a developer that wants to implement your plan and it would be a good amenity for the City of Meridian. On the other hand, however it could cause a delay of at least a year in constructing an ultimate solution and if it's not a simple solution, it could be as much as slipping it out to 2008 and that's why we need your feedback. My solution is - Steve would you put the schedule - was to develop a 10 step process to go through a study to evaluate with all the players and actors in this process a driving circulation scheme to allow us to go forward together. The impact of doing this study is a minimum delay for one year for any improvements, including the existing design and tonight is the decision point on whether we want to incur that delay, Also this process doesn't guarantee that a subsequent Meridian City Pre-Council Meetiny November 6, 2002 Page 3 of 29 solution could be built by 2005. It depends on the outcome. The 10 step process starts with the developer giving us their land use assumptions. This week they have agreed to do that. We have also asked your staff to develop land use assumptions for the area immediately surrounding this site be cause it would prudent if were going to do this to make sure we are incorporating all the potential development at this location and not have to do this again in another six months. The third step is to bring the land use assumptions to you and have you at least authorize to proceed with this study with those land use assumptions. We wouldn't be asking you to adopt them but to make sure you are aware with what assumptions we are using for the study as we go forward. Step Number 4 is to secure 30,000 to do a traffic study we have a commitment from the developer to put up a third of that. We haven't yet got a commitment from the City of Meridian or Ada County Highway District but the indication I have had is that there is a willingness to work with us to make up that 30,000. If you agree to have us proceed, we are going to ask you to come up with 10 of those 30 same with Ada County Highway District. At that point we will form a study committee we have identified a number of stakeholders that need to be involved. The City of Meridian, Ada. County Highway District, the developer, the Downtown Business Association, Meridian Chamber, the Development Corporation and the Idaho Transportation Department, we really want to have all the players participate in the process. My original intent was for this to be a 60 day study, but because of the holidays that's coming up we obviously have to take time out for that and in working with the Ada County Highway District, it was their preference that we slide this out to about a five month study, and have it complete the end of February. At the end of February then the product from the study would be a final recommendation that's been approved by Mayor and Council, City of Meridian you folks and of course Ada County Highway District. At that time Ada County Highway District would initiate roughly a six-month design, a redesign of this area so that they would be willing - ready to construct the improvements by 2005 assuming that the nature of the improvements where such that they could be done by 2005. That's what I am here to propose in a way. Agreeing to go with this approach automatically delays everything one year out to 2005. The second problem is that a redesign of this intersection is estimated by the Ada County Highway District to cost 80 to 100,000 and that money would be needed at the end of February in order to proceed on a timely basis. City of Meridian doesn't have that kind of money, Ada County Highway District doesn't have that kind of money and at the request of Mayor Corrie I've contacted the developers representative. I think you have a memo that summarizes that conversation and the developers first of all are continuing to commit to their share of the 30, but they are not willing to commit to putting those 80 to 100,000 dollars up. They feel that that should be shared by a whole bunch of other folks. They have indicated a desire to work within the properties that they control or want to control to come up with their equitable share but at this point we do not have a commitment for that 80 to 100. Essentially, that's the background in terms of where I am with this process. It seems like all parties, I met Highway District Commissioners feel that this approach probably makes Meridian City Pre-Council MeetillY November 6, 2002 Page 4 of 29 sense because we really shouldn't be building something that may not meet the future needs and taking a pause now and doing it right seems to be the right thing to do. The problem is that 80 to 100,000 for the design, if we go through this process, come up with a scheme that works for everybody and don't have the money to do the design. We could potentially delay any improvement well beyond 2005 and with out that commitment for the 80 to 100 it does make this process somewhat awkward. That's why we are here tonight. I'm here tonight to ask for your direction on how we should proceed. I think your options are one to say lets stop this thing right now and build what we already have designed. Option 2 would be to take the five month clause that is being proposed and do a study, understanding it's a minimum of a one year delay in any improvements and to direct us to do what we can to secure the 80 to 100,000 with no guarantees that we can do it. I don't know what other options you really have but J'd certainly like to open it up for your comments, questions and again I'm here looking for direction. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Steve would you go back to the two diagrams, the design by. Okay, that is the one that is being studied right now. Am [ not right? Corrie: That's correct. Bird: Have been approved, and this is the developers deal. I don't other then a right in right out lanes. I don't see anyway that we can take one way to Franklin. Maybe Gem Road would be as far as I ever want to see it go. I hate to delay, you know you say this five-month study puts us back a minimum one-year. I'll make you a bet it's two to three years. We've all been down that road and Locust Grove is a deal. We the City of Meridian don't have a lot of money to throw at roads, designs or anything else, nor should we be in the business of doing that. We stepped forward on the overpass because we felt that would get us ahead but it didn't. I - [ wish this would have been brought forward about six or eight months before we started but that isn't the way we do things. What's to say this development is going to start within a year. We hold off and get this and set it back two to three years, what if that development don't go for five years. The economy and there is a lot of good industrial commercial ground sitting out there that's been zoned and annexed for years that isn't selling. You know what's the guarantee that that's going to go and delay the thing. That's my opinion right now. J'lIlisten to some of the other Council people. Nary: Mr. Mayor. Corrie: Mr. Nary. Meridian City Pre-Council Meetiny November 6, 2002 Page 5 of 29 Nary: I've said it all along I think the same as what Mr. Bird said. Is that you know it seems like a very good idea proposed by developers a year ago I think it would've been a great idea but we are awfully close to getting some resolution there. I guess there is an argument to be made that [ think we have heard from folks that we've waited 20 years to do something about that intersection or so. [s another year or two going to matter, at some point it does matter and you know I wouldn't have a big concern if the developer didn't want to help fund that because they would have to fund it at this juncture if they wanted a significant change. Or if they were bringing us a project that we could have something to see rather then just a vision of having a better entryway and those things which I think are good I think they have brought up some very good things but again it's not something that's very tangible, it's more speculative. I think Mr. Bird is right in saying you know is that another fiver year speculation do we put this off for two or three years again nothing happens. There are people that are already there that have other things that they would like to do with their property and we would be delaying them as well on the speculation of something else. I guess I'm real apprehensive to want to delay this either. McCandless: Mr. Mayor. Corrie: Mrs. McCandless. McCandless: I'm also in agreement with Bill and Keith because if we went one way down to Franklin we would have a whole new set of problems there that I wouldn't even want to face. [t seems like the other one the first one they've started with. We're not going to have the delays that we would have with the other plan that you laid out and I don't believe its just going to be a years delay. For those reasons I definitely agree with them. Corrie: Go ahead. De Weerd: I'll argue the other side of the point, just because. I just don't want to get into something that addresses the need today and not the need tomorrow. Gambling with an extra year is something and even participating 10,000 dollars in the study to make sure we do it right. This intersection is the entry into our city and the ramifications of this intersection are huge, not just for the property owners to the west, it has ramifications of our Urban Renewal efforts and even the businesses to the east, et cetera and every business up and down Meridian Road and Main. I would like to see us do it right. Now - and that does not mean I'm supporting their alternate, right now I think its an issue of looking at our current design which is the first slide that was shown and seeing if improvements can be made from that. I know from talking with the Mayor and from talking with ACHD that there is a commitment as long as we follow your timeframe that the delay is one year with minor design. When asked what is minor, it's pretty big, that's where you have the gray area. Again even if we wait a year to go with this design [ think it would work to the best advantage of our community to invest in Meridian City Pre-Council Meetiny November 6, 2002 Page 6 of 29 that additional year with in the next three months to make sure what we are going to do, is in the best interest of our community. I guess those are my comments and -- Corrie: Okay well I'm going to give you mine even though sometimes I don't get to do it very often. In looking at this, I guess I'm not a very good gambler. One of the things that I can see is that if we put this off and do this study its going to cost us 10,000 dollars minimum. ACHD has not committed to that yet but I think they will. Olen: I do to Mayor. Corrie: The next problem that comes up is that Tammy mentioned is what is minor? Any type of change is going to cost we know from the engineering standpoint of it 80 to 100,000 dollars. They were not willing to commit that even though the project they want to do is worth multi millions of dollars. Consequently, that would mean a delay until 2008 because coming up with that kind of money ev~n if we did have a design and they did say that it would be 2008 before we would even possibly get it built if we don't do anything and with the minor change it would be 2004. I just don't feel like 2004 is going to be our magic day here. If we start messing with the one-way streets, it's going to go into Franklin project and I don't want to delay that myself and I don't think it's very wise to delay that with the economy that we have. Plus that fact if we delay that intersection till 2008 it's going to be a large parking lot. I believe what Keith has said we got another area out there that's been ready to go and it hasn't really set off yet but I think it will very shortly. I believe that the same as the other three Council people and I know Tammy and I'm not saying that she's wrong either because she has got some good ideas. I thought we were going to have to make this decision last Friday and ACHD was kind enough to give us till tonight. Consequently, if I had to vote it would be not to delay it in further and to do this design here and get it on. Because they could come back if they really want to do something and they can do it later but we cannot wait until 2008, which is really going to be the case here. Anyone else have anything? Bird: Mr. Mayor. I'd like to just add one thing and I too agree I want the best thing going. Really what the developer brought up and what we've got designed here, and this designed has been being worked on since 1993. We are - I don't see a lot of difference but their design is going to handle any more traffic through there. It probably will be nicer for the development down there which you know I think every one of us up here encourage development down there and hope it goes tomorrow. I think there is ways to get it in and out and the more you delay you just get it more complicated and I'm like the Mayor I just don't feel right now is the time to delay. Corrie: Any other discussion? Meridian City Pre-Council Meetiny November 6, 2002 Page 7 of 29 Olen: Mr. Mayor I came here asking for direction and I believe I got it. Corrie: You got it Erv. Okay all right. Olen: I appreciate the opportunity to try and work with this and I appreciate your direction. Corrie: Thank you for working with us Erv and I appreciate that very much. Olen: Thank you very much. Item 4. Review of Amended Floodplain Ordinance: Corrie: Review of the amended Floodplain Ordinances next on the agenda. I believe Brad -- are you going to do that one Brad or the other Brad or that Brad. Okay Brad Hawkins-Clark you have the floor. Hawkins-Clark: Mayor, Members of the Council. The packet I believe you had a draft ordinance is "that correct in your packets of the Ordinance 01-928? You have I believe twice before received just some general information about this FEMA change. In January this year we did receive notification from FEMA that they will allow these below grade crawl spaces. Essentially, it's a review of FEMA's standards that for residential development in the 100-year flood plain districts. They essentially came to us and said that within that 100-year flood plain they will allow below grade crawl spaces that is a departure from what their original guidelines were that prohibited them. They I think really the main other change they made that deals there in the first couple paragraphs is they are no longer going to consider these below grade crawl spaces as basements. There's kind of a definition thing going on with FEMA so they have provided new interim guidelines for the regulation of below grade crawl space construction. In of course in Meridian the majority of our residential construction utilizes these so we feel like it would be beneficial for the City to adopt some new standards and regulations. Probably in terms of impact to property owners in Meridian the - you know any structure within the flood plain that exists or that's going to be built to conform to the new standards will be subject to higher insurance premiums then homes built without a crawl space but the rates would be reduced from the previous rates. Basically, what you have here is just a draft ordinance that would kind of bring the city's current regulations dealing with our crawl spaces and other issues dealing with homes in the flood plains up to match what FEMA has. Now I think that besides this change they are in the process I guess all the time of reviewing these and this is mainly just to bring us up to snuff. There maybe some changes with the new information that we received a couple months ago. I think it was just on your Pre-Council Meeting Agenda tonight just to kind of discuss if this is okay and give you a chance to review current code and modifications that we would have to make to meet the FEMA standards. If you're Meridian City Pre-Council Meetir'\j November 6, 2002 Page 8 of 29 comfortable with it, we would put it on to standard agenda and to your regular meeting. De Weerd: Mr. Mayor. Corrie: Thank you Brad. Mr. Mayor. De Weerd: Brad these are pretty minor and certainly work to lessen the requirements in the flood plain rather then make them more cumbersome. Is that correct? Hawkins-Clark: That is my understanding, yes. De Weerd: Okay. I would suggest we get it on our agenda for Public Hearing and get this changed. Nary: Mr. Mayor. Corrie: Mr. Nary. " Nary: Wouldn't this go to Planning and Zoning, the Commissioners first? Hawkins-Clark: It falls within Title 10. I guess we could receive - so yes 11 and 12 is the Planning and Zoning Commission. Nary: Okay there is a typo in the title. I think its good to get it on too. The word methods is misspelled about the middle of the title. (Inaudible discussion amongst Council Members) Berg: Mr. Mayor. Corrie: I hear a voice on the other end. Berg: Sorry I don't call very much. Corrie: Yes Mr. Berg. Berg: Just to reflect back on our procedure. We wanted to bring all the ordinances draft wise to the Council at Pre-Council Meetings for review or approval or direction. It would be my direction or suggestion to also have a Public Hearing. We have had several calls from the public and some contractors concerning this ordinance and not saying our office is the experts to explain it but we did tell them, send them a copy, suggested for them to call David at Planning and Zoning. It would probably be good just to have a Public Hearing in case some of them did have some objections but we are just trying to follow the Meridian City Pre-Council Meetil,~ November 6,2002 Page 9 of 29 procedure in case there are any different directions that you would like us as staff to do on any of these ordinances we can do it then. Corrie: I think that would probably be (inaudible) on this case. Any other comments? With that being said, I think if you Mr. Berg get the ball rolling on that, have the Public Hearing, and set that up for us we could do that. Any other comments for review? Item 5. Update on Ten Mile Interchange: Corrie: Update on Ten-Mile Interchange, Steve. Siddoway: Thank you Mayor, members of the Council. The group working through Earth-Tech in working on this Ten Mile interchange has been active since our last update. I've asked them to come and give the Council an update on where we are today. Basically two things, I think we would like to point out and then I'll turn some time over to these other gentleman. There was additional work done on the demographics. The developer hired John Church to take a look at the demographics and refine them, which he has done. Those demographics have been presented to ITD and others and have had general buyoff on those demographics for us to - for them to proceed their preliminary design work based on those demographics. I know John Church is here today to talk about any of the specific questions related to the demographics. In addition we have representatives from Earth-Tech and Thompson they have done some initial modeling work which they have just got up on the screen and I'm actually going to turn some time over to him first to talk about some of the work that they have done. Thompson: Mr. Mayor and Council I am Oan Thompson I'm with the firm of Earth-Tech. Our business address is 3071 East Franklin Road in Meridian. As you recall the last time we were here we kind of discussed about where we were at and at that time we were kind of arguing demographics. Arguing is probably a strong word. We were discussing demographics with ITO and FHWA and we have since that time come to an agreement. We don't have FHWA's blessing on it yet but we do have an agreement with ITD, ACHD and we have the city staff concerning demographics also. At that time we also should you several options that we were kind of looking at. What we have done is taken four of those and continued them further but before I go I guess I would like John Church to come up here, talk about our demographics, and show you how we got to where we are at. Church: I prepared an analysis of what would happen to the area surrounding Ten Mile Road if this interchange were built differing from what is already forecasted which assumes no interchange. I have some handouts for you that just essentially summarize this analysis. What I have done here is look at the traffic analysis zones all around Ten Mile Road that would be impacted - my Meridian City Pre-Council Meelin!;l November 6, 2002 Page 10 of 29 fingers are not working to well - impacted by the construction of this interchange. The top page, Page 1 essentially is the difference between COMPASS's existing projections and my revised projections given the construction of that interchange. I've broken it up by number of households, the number of households around that and essentially the T AZ's that are listed off to the left 272 through 279 and then 289,90,91 and 92. Their size, you can see that I'm forecasting a difference of 3,960 some additional household over and above what is already forecasted for that area. The population increases of 11,700 by the year 2025 over and above what is already forecasted for that area. Total employments gains in that area with construction of the interchange would be about 9,450 jobs over and above what is already forecasted for that area would be essentially a major shift in a sense that this is one of those projects that once you build it they will come. If a developer has laid out a plan for that traffic zone 278 essentially that once that interchange is built they will be concepting or coming up with a commercial project. That opens up many other areas that would be developed in conjunction with it on the other side, on the west side of Ten Mile Road and to the North of I 84. It also opens up a great deal of residential development, which I deem will be residential development occurring to the south side of the interstate up on the bench. Essentially, I don't foresee that being attractive to commercial once you get up on that bench. That area that is close to the freeway and is close to the intersection will be commercial, office so on, and so forth. I built these projections based upon other areas that have developed throughout the valley. I looked at some surrogate areas, the West Park project of Winston Moore's project off of Emerald between Maple Grove and Five Mile. The Boise Research Center at Chinden and Cloverdale and then some residential properties essentially the development densities that we have in some sections and some T AZ's here in Meridian as surrogate. Then also residential properties that are in the square mile between Eagle and Cloverdale and Chinden and McMillan where the Boise Research Center is but we have Hobble Creek, Legends and some other subdivisions in that type of category there and what kind of densities in development would occur there. I've phased these in over time, not all of this property is even developed in this projection by the year 2025. There is always going to be some hold out, someone not going to participate and develop the property it will still remain as it is for quite some period of time so this is not at full development but maybe 50 years down the road. There are some properties to the south side that are already divided into relatively small parcels, five acre parcels that may not be real attractive for being divided up into further residential development so it gets a little sparse in some spots but then its very dense in others as we pass essentially Victory going south off of Ten Mile. These projections in some cases in traffic zone 278 for example actually have decreases in population in households. If it's commercial that drives the residential out and becomes too expensive. Some areas lose but other areas gain by this development and I think in terms of that we are getting a little more of a face that what may occur with that in using some representative developments around the valley that come up with some perimeters for this. Meridian City Pre-Council Meetirl~ November 6, 2002 Page 11 of 29 Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: John on - should that interchange go in do you see from south of the railroad tracks to the north of Overland Road as being the industrial, retail, commercial area, over to Black Cat and how far to the east do you think that corridor will go to Linder? Church: As you go to the east your going come up against residential property and (inaudible) Bird: And you go around, yes. Church: You've only got about a half-mile there. You can't get all the way to Linder before you get into some residential development already. I think commercial is going to butt up against that in my viewpoint. Residential will not come towards the commercial because the commercial is just going to drive the land prices up that it will not be feasible for residential to do so unless its multi family high density. Bird: Then your north side of Franklin between Linder and Ten Mile and the railroad tracks between the railroad tracks and Franklin is basically going to be. Church: Its zoned industrial right now. Bird: Industrial right now. Church: I did not consider any possibilities of inter urban transportation, railroad transportation in that but I did consider commercial. I think in that sense it is a surrogate for essentially what may occur if there were rail transportation and a rail station at Ten Mile, which could add another dynamic to this. I also looked at from essentially Ten Mile to Black Cat to McDermott which is all one TAZ south of Franklin to the interstate as being viable for development, I mean it will be a two mile stretch, a very large section of land I believe it 1290 acres that could be open for development. Not all of it is actually developed in this projection by that period of time, but almost 75 percent of it is. I think it would move a very rapid order as the interchange were put in. Coming from the other direction we've got projects coming down from Robinson so to speak, from Garrity to Robinson coming right up Franklin, I think in the longer term would come together but this project would probably surpass some of those initially that were built. This projection was laid out as essentially a template that would go over top of COMPASS's existing forecast rather then subtracting it off somewhere else. We are just looking at analysis of traffic at that interchange. De Weerd: Mr. Mayor. Meridian City Pre-Council Meeliny November 6, 2002 Page 12 of 29 Corrie: Mrs. de Weerd. De Weerd: Well in your projections the benefits to our community of having this interchange are huge. You know and the potential jobs created and industries attracted to this area. So- Church: To Meridian. De Weerd: Which I think, what's that? Church: To Meridian. As COMPASS says it may be a zero some game if you build it here it will not be built someplace else. It might be the (inaudible) of another community. It might essentially pull the development away from what may occur somewhere at Garrity for example at Nampa or what may occur in Boise but we didn't do that sort of analysis we just said this is what would happen if this were built. De Weerd: And I think that is a trend you are already seeing because of the central location of Meridian. The businesses are relocating because of the location. Church: Also the population. The population has been a big attraction. Corrie: Any other questions, comments for John? Bird: Thank you very much. Corrie: Good job John. De Weerd: Nice job. Corrie: Thank you very much. Thompson: Mr. Mayor once again Dan Thompson with Earth-Tech. Once we did get those numbers from Mr. Church, what we did is we gave them to COMPASS. They submitted and ran them through their model and they created some traffic numbers for us. What we had them look at was the year 2010 projections including this interchange and we had them look at 2025 projections using the demographics of John Davis. What their model gives us is basically average daily traffic volumes on roads and everything, its predicting traffic between traffic analysis zones and its more of an area wide model its not really very good for detailed analysis. We had to take their numbers and do some interpretation of them. We have to get both average daily traffic down to peak hour volumes. We have to determine the turning movements and lots of other thing in there. Basically, what we used has our model was Eagle Road. We feel its going to be very similar and ITD was also kept pointing to Eagle Road as what t" Meridian City Pre-Council Meeliny November 6, 2002 Page 13 of 29 they don't want to have happen again and want to make sure we are well covered for that. A lot of this was done very conservatively as the estimate as John mentioned it was at zero some, obviously if we do have a million and half square feet of office space at this interchange it will probably not be built somewhere else based on COMPASS's model that maybe Eagle Road or it may be some of the other ones. That's a really intense effort, which is well beyond our scope. (Inaudible). Once we got to that point we got to basically the fun side of traffic engineering. What we have here is basically Ten Mile Road up at the top of the page is Franklin Road right there. This was basically the access to the businesses on either side of Ten Mile Road and at the bottom we have Overland Road and of course Interstate 84. We do have some constraints. One of ITD's policies concerning access is that they do want it to be restricted and they feel that they are giving us access onto the Interstate they will want some control of access on Ten Mile Road and the access they want would be what we call their type four access. They would want basically, one half mile spacing between access points. It's one mile between Overland and Franklin Road so obviously to get an access point between the interstate and Franklin Road it's not possible to keep the half-mile spacing. Worse then that is Overland Road is pretty close too, so we are trying to" deal with those constraints. What we are going to do is zoom in but we got, we modeled several different scenarios that we talked about last time and want you to know that the other four roads they really aren't going to care how the traffic gets there whether through a single point urban interchange the loop or the standard diamond whatever it is it doesn't care. It's going to function pretty much the same way. What we are able to do is feed this into a program called Sencro and it will analyze the whole system. What we are looking for with this program is it's going to tell us what kind of storage lengths that we should plan on for the traffic volumes. This one is kind of fun because it gives us a nice little picture where we can actually see the cars. We can actually track these cars through the whole system if we get one in there we can follow how it goes and see where it backs up. What we are finding out from this one, we just took the traffic we had and kind of made it work. We found out we would need two through lanes here, we would need double up turn lanes on this one and what we are looking at here is the 2010 traffic. The 2025 I think we would, the Robinson has an interchange within the COMPASS model and this one actually decreases between 2025 and 2010. A lot of the other ones do increase though. Another major concern that ITD had was basically how this would connect up with Highway 16 up across State Street and we spent a lot of time discussing that which as far as we concern didn't matter because once we get to here this is where we are concerned with but that was a major concern of lTD. John can we go to the next intersection now please? This is basically the business access most of the retail is on to the east of Franklin Road and that is why we are seeing quite a few double lanes in there. One thing that will have to be looked at will be the access to this area. We're just assuming the one access for the COMPASS model obviously there will be some accesses onto Franklin Road or something. " , Meridian City Pre-Council Meetil '8 November 6, 2002 Page 14 of 29 (Inaudible discussion amongst Council Members). De Weerd: It's nice to see a couple busses in there anyway. Church: It'll model the larger trucks. There are busses in there and it does show them as trucks or whatever. We do include those. It's amazing it includes up to 10 different driver types. There are some I recognize, they are blocking lanes and things like that. It does do a pretty good job of estimating traffic and showing where it backs up. What we will do is we will take these, we'll estimate the number of lanes we need for the movements. The auxiliary lanes we will need on the interchange. It's going to tell us what we need to do and we are looking at it for 2010 and 2025 to see if there is anyway we can phase it in. What we will end up with, we'll end up with basically a traffic report that will kind of detail all those items, now this is just a draft report we haven't had any internal review yet. I'm not going to leave you with a copy but I'll take this and this will be a document for our design. Once we get through our design phase we will take it and make some detailed estimates do an analysis for which we covered lots of things such as traffic operations, analysis, cost analysis and a number of other things and hopefully come up "with a recommendation as to which one we think would be the best. I'm going to jump a little bit ahead now since we are rebooting here. I guess it would be our schedule, the next thing on the list. We get delayed on the demographics trying to get approval of that by about a month. Our original schedule was to probably have this finished up here within about two weeks, we are not going to make that but we are trying to look forward. This is something we can throw a couple more bodies at and get it done, so that's kind of our plan right now is to break a couple people free and hopefully within the first week of December we'll have some final report done which will be submitted to ITD for their review, hopefully approval. Lets go right to the interchange. That's good. What we do is we usually kind of watch these over awhile and pretty soon - ***End Of Side One*** Church: -- some congestion occurs and that's what we are doing. We find some congestion occurring say down in this area we'll have to tweak a little bit, look for a place to add a lane or extend a merge, something of that nature. One thing we've added is this is just a free right which is going to allow us to get that traffic going through and reduce some of the construction on that and another. This one here is a simple diamond interchange here one of the problems we have with this one. These are all the houses that are in there that would be a right of way cost. The other problem we have is the distance between here and Overland is I think about, do you remember what that is, is it about 800 feet, which was no where near the spacing that lTD required. We do determine that both these intersections would need to be signalized so that's something that we are going to have to work out. This model will help us do that and we can show you that the back up from that other intersection will not interfere with this intersection. If we saw cars backing up into here, that's what ITD wants to make Meridian City Pre-Council Meelu 1\:1 November 6, 2002 Page 15 of 29 sure is not going to happen. Why don't we go to the off set interchange to. Zoom out a little bit for us please. On this one we basically just took it and shifted it over from here and I think before we go any farther then this we need to see if this connect causes us any real problems. We are kind of focusing on the interchange again here to make sure that works. It basically functions, this allows us to get a few more of the houses in there, and we still have the problem with this distance in here. If anybody wants to see anything in particular we can always show that. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Dan is that, this design right here going into Overland Road, you're coming out behind that existing barn and stuff there. To me that, you got two way traffic entering the freeway from Overland where if you keep it down to the existing one we only have one way traffic coming in. You only have it coming on you don't have cross traffic. See what I mean. Thompson: Coming up in here. Bird: If your coming there you just got the one way traffic coming west on Overland that's why you have traffic coming off of Ten Mile going east and so you got two traffic deals. Thompson: You are correct exactly and that's why I say we have this disconnect here which might cause us some problems, we need to kind of refine that and look. It doesn't really solve our distance problem here. Bird: That's what I was going to say. The only thing it does save is some of that subdivision over there. Thompson: It saves the subdivision. We are assuming at this point that that farm is probably going to be historical cause it's been there more then 50 years. It's historical by definition there so that's why we selected that location there. I'll tell you what I look for the loop. Pay no attention to those error messages. This one basically, instead of having the full diamond interchange we just looped this off ramp around. It's really a very efficient way to move cars on and off, that's why we had clover leafs in the major interchanges there. What that doesn't do, it actually makes that connection here a little bit shorter so it isn't an issue we have to resolve but again you can see we are not having the backup problem so its something that we might be able to address with lTD. Bird: Its more expensive when you bring a loop off to it. Meridian City Pre-Council Meetiny November 6,2002 Page 16 of 29 Thompson: It takes more right of way. I think we are probably up in this area here somewhere, we got to keep some spacing between the off ramp connections for synchronizing the signals but this is more then the minimum required. Usually your off ramp loops need to be a little bigger because they are coming off at a higher speed as opposed to an on ramp. I think if you look at the one in Meridian Road its much tighter then that. Bird: How do you keep from getting a real bottle neck up there where the cars coming off the loop and going south against the cars coming south and trying to get on the east bound freeway. Thompson: One of the major movements we had from the south was actually up and on to the freeway. Bird: Yes but I mean say I'm coming this way and I want to go east and then I have cars coming off here. You don't want them backing up very far and even though - if I want to turn right that is great but what if I want to come south? Thompson: That's. correct. We want to make sure. That's why we are doing this program to make sure we have enough storage that's not going to get back up onto the freeway. If we looked at what we ended up having to do in 2025 is actually giving them a little free right loop there to make sure those cars are completely out of the way. This is our bigger movement. This is our bigger movement. Bird: Cause Cole Road even thought the off ramp at Cole going east and just past Overland there when you get off to go to the Spectrum. You can back up there you know. I've never seen it to the freeway. Thompson: That's very similar to that situation. Bird: It is very similar to it and that's what, and they have cross traffic, which helps but also have more traffic. Thompson: This one would have to line up with, I forgot the name of the road which serves that little subdivision in there, so like 12 or 15 houses that would have signal access. Why don't we look at the next one there? The last one we looked at was the single point urban interchange. We had to modify it a little bit as you recall we looked at just the standard one and at that time we estimated it was going to cost twice what the cheapest one was so we really haven't considered that any further. What we have done is kind of looked at what we call the shifted one where we move it off side and it cuts down on the structures quite a bit. It probably won't look like this in reality what we had to do is force it a little bit, you know these ones here will probably be a much tighter little ramp here but if we did that to (inaudible) they will have a little bit of problems with it so we kind of forced it a little bit. One big advantage of this one here is we can space Meridian City Pre-Council Meetirl~ November 6, 2002 Page 17 of 29 Overland Road this intersection the business access and Franklin Road at even spacing. I gave us a real good opportunity to synchronize all that traffic coming through there. Again we kind of, its not really to scale these are not construction plans by any means but. It looks like a lot of our structure would be in the one lane width, which is well half as expensive as two lanes. We think this has got some potential we really are deciding it, its still quite a bit more structure then just the standard diamond inter. One thing we are kind of looking at here is the possibility of maybe phasing this portion of it. If we are bringing the interchange up most of our movements are up here there might be a possibility to hold off on the reconstruction of the Ten Mile overpass. Right now its two lanes. We are going to see if we can maintain it at two lanes past 2010 or something but we are not sure at this point if that's going to be possible but that's one of the advantages that we can look at at this one. De Weerd: Wouldn't one of the disadvantages be the cost of maintenance to that kind of a system. I mean I am assuming those are overpass type situations. Thompson: Yes y~ur primary cost is just your initial structure costs. Usually the cost of maintaining an overpass, you know they are basically just a concrete structure. Well I guess there is the bridge maintenance that would have to be maintained. That would be something that we would have to look at to make sure that annual costs is reasonable. De Weerd: So this would be Meridian's Y. Thompson: I would not call it that. We would have to have a big (inaudible) to make it a Y. I don't think we are going to get to that. Bird: Dan I'd have to think that this one would be three to four times more expensive then that first one, the standard one. Thompson: Our initial estimate had it less then twice expensive. It was probably one and a half to one point six. That was our estimate here. Again we are just trying to get a feel, it wasn't a budgeting number or anything like that. As we get into it and start laying out the design we are going to find things that we might have forgotten and just a conceptual estimate that probably would drive that cost up somewhere but it also going to be happening on some of the other ones too. That's our task now is to make that determination. (Inaudible discussion amongst Council Members) Thompson: I guess one issue we are finding. I guess, John correct me if I'm wrong on this that we did determine by 2010 there is going to be a need for three lanes on the interstate and by 2025 there will be four. We are not sure if that's had to determine if that interchange is causing that to occur or not. We don't think that is the case. The 1-84 corridor study would believe that does include Meridian City Pre-Council Meetlr IY November 6, 2002 Page 18 of 29 those lane configurations of those years. That's pretty much where we are at right now and again I mentioned our schedule hoping the first week or two of December since we were pushed back we are just going to push ahead hard. We haven't really committed to any times but we are pushing for the first week of December to have something completed and submitted. De Weerd: What a neat program. Thompson: Yes it is a lot offun. Bird: That would be fun to play with. Thompson: What's really kind of fun is when we can make it not work. Bird: Give me the computer I can show you how to do that. I can have the cars going backwards and everything else. Thompson: Are th~re any questions? Bird: Thank you very much. Corrie: Thank you Dan. Appreciate the good work. Thank you Steve. Thank you John. Item 6. Discussion on update of Parks Partnerships Corrie: Item Number 6 discussion update of Parks Partnerships. Bird: Mr. Mayor. We met a week or so ago, Elroy and Mr. Nichols and myself with the Kiwanis Club and also the Adventure Land Group of people. De Weerd: Adventure Island. Bird: Adventure Island, I'm sorry to start are partnership with them and to get the agreements drawn up. I can either turn it over to Elroy or Mr. Nichols regarding the agreements. We also have a group the Meridian Youth Baseball that we need to figure out where we are going to put them. They are out raising money, would like to start this spring. We got the Lions Rodeo Club or the Lions Club with their Rodeo grounds which if anybody's been through by Fairview and Eagle they can see that the rodeo grounds is now being made into roads and getting developed. About anything, I'll ask one of these gentlemen if they would like to go on with it and Council I would like to discuss where we need to put, and Elroy can do this at the same time. Where we need to put the Meridian Baseball Group cause they are out raising money fast and furious. Huff: Good Evening. Meridian City Pre-Council Meetiny November 6, 2002 Page 19 of 29 De Weerd: Good Evening. Huff: We just do Kiwanis Park first. Lets do that. I have met with Kiwanis Park officials and have another meeting with them again Tuesday. We have discussed many things related to that partnership and we are getting some things down on paper so we can start to formulate a plan. We have looked in, asked Pinnacle Engineering to work up either a cost or how much they will do for us in the engineering plans total plans for that project. We will see, we know that they are willing to donate quite a bit to that project so we will see what that is. I don't know where they are going to cut that off yet. We are just getting there with that one and we will see how it goes here pretty quick. We want to make sure we have a total set of engineering plans, things to go out with so when we do that partnership there's no question about what everybody's commitment will be when they do come in to work into that partnership or to do free gratis work on that park. They will go into contract and they'll do that just the same as they would anybody that's a subcontractor they will have to finish that work, they'll sign on to do that. There is no half way doing it and walking out of it kind of stuff so we are going to spec all those things pretty tight. We're working on that and I'll from time to time let you kn6w how that is coming. We got things and issues to take care of with Irrigation District on that. (Inaudible) we have already met with them and so we are going forward as soon as we get all the things we want to put together we'll give it to Bill and kind of throw it together and see how that is going to mesh out and verbiage on it the partnership. I'm a little green on that but I'm learning so let's see, any more questions on Kiwanis Park? Adventure Land Playground, I have met with that group and I am going to meet with them again. We have had a donation or two start to come into that project, they aren't very big but they are starting to come in. We have discussed how to go about making sure that we have the same thing we did at Kiwanis with an engineered, total engineered set of plans and all things that are expected so there is no question about what needs to be done so we can pick and chose in order what will need to be done and what money will be needed to raise for certain parts of that project. How that we can spend city money and that we have allocated for that project to make sure it is done within code with the law so we spend it the way we are supposed to. I would imagine within the next month or two we should be real solid on what's going to be going on that but I'm just going to keep meeting with them and we are going to go from there. We have had some construction companies come in to Land Group in some meetings and meet about construction management. We got several groups come in, some of them have been interested, and some of them have been interested and then since declined to do their services. We are still searching a little bit to see what we can end up with the best construction management group and who will donate some of there time and willing to get in the middle of this project. We do have a couple of construction outfits that will do management that are excited about that project. We are going to keep working with them and we will just let you know how that fishes out when it comes. ; I Meridian City Pre-Council Meetil,y November 6, 2002 Page 20 of 29 De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: So Elroy on both of these you anticipate an agreement detailing what responsibilities of the city, the responsibilities of the organization by the end of the year, is that fair to say? Huff: I don't think I will make it by the end of the year but I think once we get to a certain point it will go a little faster. I want to make sure that if there is anything we need to do to go out to bid or go out to do some things like that I'd like to get that formulated for whatever we do in starting projects around the February mark. We got things going when spring comes so we're not caught behind not doing anything when the weather starts to get warm, we want to be ready to go. De Weerd: Now Settlers Park or the Adventure Island Playground is the only one that has budget dollars allocated towards it. Huff: That is correct. De Weerd: Out of those two groups so more you are talking in bids on that particular project. Huff: On Adventure Land? Yes, there is going to be some bidding process. However I think in that Partnership Program, even though we are involved in that I think a lot of that is going to be some construction management's going to handle quite a bit of that. We are going to be in there watching things and make sure things get done to spec so there's not going to be anything not the way it's supposed to be. We'll just see how it goes. A lot of that depends on how their funds -- when they get right after it how their funds come in. We know there funds are going to come in better once they have all the engineering done and everybody can look to see what is expected and there's nothing left out of it and we are going to go right to that point. I don't know right now if they have the money to expand the engineering fees on that. We certainly can do that out of our share of the money that we have budgeted for that. I'm willing to do that if its okay with Council to do it that way but that gets us quite a ways. As soon as everybody knows what they have to do, it's a lot better. If you're just wondering what it is, especially if I need you to do this but do you know what it is. No I just know we need it done but we got to have timelines to make sure if we start doing things everybody is in a certain role how they do things and they aren't stepping back over each other or tearing something up in the process, it has to go like clockwork. That's kind of the direction we are going with it. Let's see Meridian Youth Baseball. We have been approached I've had some small discussions about what development might be coming next on the west of Settlers Park and some other areas and I'm still just kind of curious to see how this shakes out. Some people do have some money already and they are willing to start I. Meridian City Pre-Council Meetli,y November 6, 2002 Page 21 of 29 developing. Are we going to work with these people and decide who's going to do what parcel or are we going to go whoever's got the money to do the parcel they want to do or are they going to get to do that first. We kind of got to figure out which way we are going to go on that. I don't want to slow anybody down it they got money I want to jump into it and get it going. I think several of these sites can be developed either way. Its just a matter of kind of putting together to whose going to go to which one and then okay well the lets run the partnership and lets go after it. The actual tag of whose going to do what site is a little bit up in the air and would like to nail that down. Those groups come forth and say well I want to do this site and the other one comes and I want to do this other site at least we know kind of know where they want to go. Then we can get some direction from Council on what's sites are okay to develop with what then we'll feel comfortable about going there. Corrie: Elroy the Meridian Youth Baseball group what size are we talking about that they are going to need. Huff: Are you talki~g about how much stuff they want to put in there? Corrie: Yes how much space two, five, ten acres? Huff: Seven small, I don't know what the acreage is exactly I lost that figure, but seven small hardball fields and two Babe Ruth size fields. I just can't remember the acreage that we (inaudible) Bird: Mr. Mayor. Corrie: Yes. Bird: What we got left at Settlers Park they can put in the deal and put it in and have. It's about 21 or 25 acres they need. Huff: That's what I left out there. Bird: That's what was originally planned in that park was a baseball complex like that to put in the deal. The nice thing with their group or with the Lions Club is we don't have to draw an agreement. We've got an agreement in front of us it is called the Boise Noon Optimist one that is perfect for that which all we would have to do is change the names. It gives all the details of who does what and who's responsible for what. It's been very, very successful in fact, it's been so successful' think they just drew up another one to include the next 26 acres for the Optimist program over in Boise. These guys are out raising money and stuff. I for one believe that Settlers Park was bought by the people as a sports park. To my knowledge there is no sports in the first phase at all other then green space. I think this is ideal. They are ready to go. They put in a parking lot help Meridian City Pre-Council Meetiny November 6, 2002 Page 22 of 29 us we could do adventure island in there too. That kind of fills up our park fast and furious. Huff: We'll do that. Bird: And I think soccer can. This is my personal opinion. I think soccer can marry up with the rodeo grounds a lot better because you know the weekend or two weekends that the Lions club needs extra parking on the grass on a soccer field isn't going to hurt it. You know Nampa did it for years over at Lake View Park for a whole week parked cars in there and it never hurt it. I think and in baseball, you couldn't because you'd start tearing fences down. Huff: Well you got too many obstacles. Bird: So it would be my suggestion to strictly put those offered to the Meridian Youth Baseball Program, the remaining Phase 2 of the deal and in having set the specs and drop the agreement that's my personal feelings and let them go. I know their schedul.e is to try and start next spring. Huff: Right. They do have some preliminary computerized drawings they are working on a lot of stuff. I've seen some of those of how things are going to fit or (inaudible) will fit the best. I'm just kind of looking at those as they come down. That's just a development that happened the last week or two, that one there. They do have some money, which is good. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I'm guess I'm sort of hearing two things as well as what Elroy is telling us is that there's - I guess a desire from the Parks Department to have some direction as to I think what you stated as whether or not its first come first serve. Who brings the money and if they get to pick the ground they'd like to use. I guess I would like some input from the Parks Commission as to what they think in looking at the overall structure and the Parks that we have both available now and in the immediate future. What would fit best where for what type of use it's going to be? I mean I agree with what Mr. Bird is saying. I always envisioned that's what Settlers Park was for was for baseball fields. Adventure Island seems a nice marriage with that it does make sense to have PAL and the rodeo grounds together. All those things make sense to me but I guess I'd like someone and I think that's the Parks Commission to do that. Is looking at all the ground that is available and giving us a recommendation as where they think these things should go. The other thing I guess, we haven't talked about very much is the maintenance cost to the city and what its going to be. I don't know, I can't recall on the Optimist Agreement with the City of Boise but on some of this ground, I'm thinking the City is going to incur the long-term maintenance costs. Mowing the Meridian City Pre-Council Meetllll,l November 6, 2002 Page 23 of 29 grass, repairing the fences or maybe some of it will be (inaudible) by the organization and some of it will be worked by the city. I guess that is another piece that we haven't talked about a great length that I'm aware of as to if these baseball fields come online next summer what impact is that going to be on the Parks budget in having to maintain those fields. Or are they going to be maintained during the season by the organization then after the season by the city of how's that going to be accomplished. That's the other piece we haven't seen a lot of but I anticipate we can bear that cost but I just don't know what it is. We haven't talked about it a great deal but each one of these facilities is going to have some long term maintenance cost to it, to the city and I just wanted to know what that was or at least give us a projection on what that is going to end up being. Huff: Each one of those that we take over of construction when that's over and let's say we take over the total management of that. Each one of those will be different depending on the amenities that are in them as well as the acreage and the obstacles all those things have that. The only way that I can tell what that is going to take is once I have all the engineered plans then I can take that site plan and I can usually "figure what the maintenance costs will be down to an hourly basis. Then there are some things that are just budgeted, you have to budget for and you don't know how ground maintenance is going to come up but they will. This is definitely going to impact our budget. It has already this coming year and with the development of some other sites it will be a little bit soft in this coming year depending on how much development we do. I'll have to structure my budgeting in the spring and over the winter and in the spring to how I see these things developed as how I'll have to come back to the budget with you with how I project I think they are going to be. I'll give you any hard figures but I have a sense for it and do have ways to figure out what it takes to do it. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I do know that at the Optimist that we do the Optimist Football Club does put out money for maintenance. How much do you spend on the Meridian American Legion Field in maintenance a year? Huff: We don't do anything that, the irrigation system waters by itself. We do light weed control mostly mowing and some sprinkler stuff. It's very inexpensive. We are lucky there cause we get help from Legion officers. Bird: That's just what you get from the groups like Meridian baseball. Huff: Yes so we do get some help from and the school district and different things on those sports fields and we may very well get some of that on Meridian City Pre-Council Meetill~ November 6, 2002 Page 24 of 29 organization with Meridian Youth and things like that to soften that up so we are not you know taking that whole hit. Corrie: Are we still looking at that ice area out there as well? Huff: I'll tell you that I have met yet with anybody from ice rink. I don't know those people and I want to meet with them and find out where they are with some stuff. I have not met with any representative with PAL soccer. There are a few entities that I have not touched base yet with. I'm going there on all those to try and reopen those things and kind of see where that dialog and see where they are at. That is coming up pretty quick. Corrie: Okay. Mrs. de Weerd. De Weerd: September 17th we met with the Lions and Meridian Youth Baseball and made a commitment to them that we would have an agreement made up within a month and it doesn't seem like we have even met with the groups. They are already 20 percent fundraised they've started they did that in good faith. My concern is we haven't followed up on our end of it. We haven't got them to the table. We haven't met with PAL because when we change the design of Settlers Park to partner with PAL it was said well that's not the design that we had at the time so we want to hold a public comment period which we did now we are going to change it back. PAL needs to come to the table with Meridian Youth Baseball and say this is what we are going to do if that's the recommendation of the Commission and that's the recommendation of our Parks liaison but we owe it to this group who has gone out in good faith and started fund raising to expedite where there location is going to be per the memo we got from our city attorney. We haven't even purchased the Borup property to even be talking to them about possibly locating there facilities out there is also premature. It again looks like Settlers Park seems to be the best place to put them. We need to follow through on the actions that we told that group over a month and half ago that we need to bring PAL and baseball together discuss intentions and at least get Meridian Youth Baseball a letter of intent to show that we will work with them and get them the ground at this point we are not sure the location but we are committed to doing it. I would like to set a date so that we know this follow up is happening. If you go back and read our minutes on September 17th that was a commitment we made. Its now even a month and half past and nothing has been done. I know that we don't have a Parks Director and Elroy it wasn't on your shoulders it was the responsibility that we assumed and so we can only point the fingers at ourselves. Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Pre-Council Meetir.!,! November 6, 2002 Page 25 of 29 Bird: Tammy is 100 percent right. We have been before the Commission. I thought that Elroy and the baseball group had had a deal. PAL has never been before us to my knowledge requesting the need to have them come before us. We did give them a commitment that we'd get it. They went out and raised money. I personally think that and it has been before the Commission and I can't vow I have to look at my minutes there but I think the Commission agreed on the second phase of that too. We need to get something drawn up so they can be ready to go once they get the money raised and ready to go and they are out raising money. It's a way to get our parks developed no cost to us. It's another 25 acres of park ground that we can get developed without very little to the city. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Keith is it possible to set a commitment to meet with this group within a certain amount of time. Can you organize that and can we ask that the Mayor at least write a letter of intent to work with a group and the property they need to build their complex". Bird: When we met the other night with the Kiwanis and the other I was under the understanding that we were going to bring the baseball and PAL and them in to but I don't know what happened on that. I got an em ail later that said no we just going to bring in those two groups. I have no problem with that and we'll get a meeting set up with them, the Parks Commission and get it taken care of. Like Mr. Nichols said with a group like Meridian you got the agreement laid for you in the Boise group in Optimist that you all have a copy of and all you have to do is change the names and locations. Corrie: Keith I have a question. Has PAL come and talked to us yet? Bird: No PAL has not. The only thing I heard on the PAL thing was they had contacted Tom and they were interested in greening up some grass or something. They are certainly entitled to some of it and we will be getting the other 25 acres of it out there on Ten Mile as I understand. Huff: Lochsa area. Bird: Yes but if these partners will develop the ground for us and stuff, and help with the maintenance. Baseball people want to maintain it themselves they don't want, you know they want to maintain it and do it themselves and I'm sure the soccer people do to and the rodeo grounds. Its just a win win situation and Tammy is 100 percent right we've let it slide for a month and half and we will get it set up and get a meeting with them and get them in here within the next week. Huff: I would be glad to help with that. ! Meridian City Pre-Council Meetii'>l November 6, 2002 Page 26 of 29 Bird: I know you would Elroy. De Weerd: Keith could we get an update next week. Bird: You can get an update next Tuesday at the Pre-Council. De Weerd: And that PAL will be contacted. Bird: I'll contact PAL or Elroy. One of us. De Weerd: And can we at least get the ball rolling with the letter of intent with Meridian Youth Baseball. Bird: Yes lets do that. Corrie: Who are you talking to me or him? Bird: I'm talking to the Mayor. De Weerd: Talking to you. Corrie: I thought you were talking to him. De Weerd: He was just answering for you. Bird: I was just answering for you. Corrie: I can see the conversations going on here but I don't know quite who is talking to who. Okay yes we can do that. Okay. Huff: I won't keep you too much longer. I don't have to many other things. I wanted to let you know that I am just working on the Settlers Park bathroom project as well as Bear Creek. Then we are working a little bit with the architect on Phase 2 Storey construction project, see where we are going to land on that and what the costs will be and see where are money is going to take us as responsible as we can. I got those things all going on and some of those are going to come out to bid and they are going to be ready to go out to bid late January right about in there they will be ready by then and about 500 other things I'm working on. De Weerd: We really loaded your plate full. Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Pre-Council Meetil''<l November 6, 2002 Page 27 of 29 Bird: Elroy, when you get the final drawings of the Storey Park Phase 2 would you make sure that Western Ada and the chamber get to see them. Huff: Oh sure. In fact, I was speaking with some people from Legion Baseball today about that project coming up and the fact that we have to coordinate with Western Ada because they have a lease across that area that we want to work on. There isn't anything we can't do without talking to everybody so we need more of a Conceptual Site Plan. We had a very Conceptual Plan on that we are working on getting the real one going and seeing what are costs are going to be to have that plan totally done. Then we will see how much that is going to cost by the estimates and we will decide how much of that we can do or what we will do from that point and be responsible about how to attack that second phase of that and how we will spend that money. I have a hunch looking at what we need to do there with drainage and different things 150 might not go as far as I want. Whatever it is we still intend to build good things and if it means that we don't build because we need to add some to it and carry it the next year we will do that too. We're making good plans on how we do things but I've got a whole bunch of set of plans that are all going to get built pretty soon. As soon as they are done we will sure know where we are going but I appreciate your comments on partnership and yours to Keith. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Storey Park is a great example of a partnership and Mr. Bird mentioned two entities. We also have American Legion and the speedway out there. If we could just make sure our communication with all of those partners is included in these plan reviews that would certainly be beneficial out there. Huff: I have a conceptual little bit of revisions of the site plans a little more detail I will get back next week and then we will be able to speak with speedway but I want all of those things to be conducive for the uses out there. Landscape and all those kinds of things, everybody can use that area like they have been using and so far everybody has been really cooperative in our preliminary talks about the development of Phase 2. Anything else? Bird: Thank you Elroy. Huff: I'll catch up with you Bill. I have a bunch of stuff for you. Bird: I'll get a hold you tomorrow regarding getting with Meridian Youth. Huff: Okay [ appreciate that and we'll make those contacts right of way. Corrie: Okay thank you Elroy. Meridian City Pre-Council Meetlr.!,j November 6, 2002 Page 28 of 29 Item 7. Discussion of MUSS: Corrie: The only other items left in discussion of MUBS. Bird: Mr. Mayor. Corrie: Bird. Bird: I brought that forward for the fact that as a Mayor and Council we need to take a look at putting MUBS under the direction of the Financial Department. As you all know we probably have, that's probably our largest money income within the city. That's something that I think we all have to think about and bring it forward. I believe our auditors last year and their recommendations. One of their recommendations was to bring it back under the financial hospices. That's why its on here is so that if the other Council people have something to say regarding that but I just feel it handles a lot of money. I believe it needs to be under hospice of the Financial Department and as far as the payment and stuff, we can work that out. We know they are an enterprise fund and the other people are a tax-based fund so we can work that out. Its been done before. Corrie: We are over our time its seven. I would like to hold that discussion till maybe next time. I'd like to meet with each one of you. I have my one belief on that one. Like I said I think we are five minutes into the regular meeting. We can put that on the agenda maybe next meeting and I can discuss that with whenever they get done on that one and have a meeting with them. With Council's approval, we can. That's my suggestion so. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess if we do postponed discussion on this till next week if the two department heads that would be effected by this would also be here to participate I see that Rick is here tonight. If Stacy could also be on hand and maybe Gary so they can give their comments and what they would think of that kind of a change. I think that would be very helpful. Corrie: I agree that's one of the reasons that I would like to have it next time other then tonight not here. Okay with that being the case, everybody has agreed to do that then. I will entertain a motion then to close the Pre-Council Meeting at this point. McCandless: So moved. Bird: Second. Meridian City Pre-Council Meeiirl~ November 6, 2002 Page 29 of 29 Corrie: All in favor of the motion say aye. Opposed no? Motion carried. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:09 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~~ -Mfnk1.;J ~W Nevtd( Pre /; 'titZ"l..-i \,\\\\\11111111111 \,\ C M'- III ",\ _r Of u::.Rz'D 111,1 " ~, r. .-/ ,~" c} o?POR-q 1; '-11- \. ~ .;;.0 .('0 ~ ~ ~ ~ - ~ - - ~ ~ 12/3/()Z- DATE ATTESTED: d~..:....p/3e1; I r;. WILLIAM G. BERG, JR., CITY CLERK CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 01-928 BY: AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING ORDINANCE NO. 01-928 PERTAINING TO THE FLOOD DAMAGE 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.!. a., 10-6-5 A. 2. a. AND C., PROVISIONS FOR FLOOD HAZARD REDUCTION -ANCHORING, CONSTRUCTION MATERIALS AND6v!THODS)BY THE ADDITION AND ELIMINATION OF WORDS WITHIN THOSE SECTIONS, AND BY THE ADDITION OF A NEW SUBSECTION 10-6.5 A. 6. CRAWLSPACES; 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. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Section 10-6-2 DEFINITIONS - LOWEST FLOOR of the Meridian City Code, be, and the same is hereby amended to read as follows: 10-6-2 DEFINITIONS: LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basements but excluding allowable below grade crawlspaces). An unfinished or flood resistant enclosure, usable solely for parldng of vehicles, building access or storage, in an area other than a basement AMENDING ORDINANCE NO. 01-928 FLOOD DAMAGE PREVENTION AND FLOODPLAIN 1 area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the application nonelevation design requirements of this Chapter found at subsection I 0-6-5B I of this Chapter. SECTION 2: That Section 10-6-5 A. I. a PROVISIONS FOR FLOOD HAZARD REDUCTION - GENERAL STANDARDS - ANCHORING of the Meridian City Code, be, and the same is hereby amended to read as follows: 10-6-5 PROVISIONS FOR FLOOD HAZARD REDUCTION: A. General Standards: In all areas of special flood hazard, the following standards are required: I. Anchoring: a. All new construction, including buildings designed with a sub-grade crawlspaces, and substantial improvements shall be designed and adequately anchored to resist floatation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy and:.ored to pre/eet flotatior.., collapse, or lateral mo~,remcr,t of tl.....e structure. b. All manufactured homes must likewise be anchored to prevent flotation; collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Area" guidebook for additional techniques) . SECTION 3: That Section 10-6-5 A. 2. a and c PROVISIONS FOR FLOOD HAZARD REDUCTION - GENERAL STANDARDS - CONSTRUCTION MATERIALS AND METHODS of the Meridian City Code, be, and the same is hereby amended to read as follows: 10.6-5 PROVISIONS FOR FLOOD HAZARD REDUCTION: A. General Standards: In all areas of special flood hazard, the following standards are required: AMENDING ORDINANCE NO. 01-928 FLOOD DAMAGE PREVENTION AND FLOODPLAIN 2 2. Construction Materials And Methods: a. All new construction and substantial improvements, including those that have portions of the building below the BFE, shall be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also all joints, insulation or other materials that extend below the BFE shall be cor:.structed ';.ith lr..aterials ar:.d utility equipn.....er..t resistal.....t to flood damage. b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage; c. All building utility systems, including electrical, heating, ventilation, plumbing, air conditioning, ductwork and other service facilities shall be elevated above the BFE or otherwise protected so that floodwaters cannot enter or accumulate within the system components during flood stage. Electrical, heating, 'v'cr:.tilation, plumbing, al.....d air cor:.ditiOl.....il.....g equipn....cl.....t al.....d other ser,ice facilities sbtll be desigl....ed and/or otherwise elevatcd or located so as to prevent 'Nater from cl.....teril.....g or accun.....ulatil.....g \\ithil..... the con.....ponents duril.....g cOl.....ditions of floodil....g. SECTION 4: That Section 10-6-5 A. PROVISIONS FOR FLOOD HAZARD REDUCTION of the Meridian City Code, be, and the same is hereby amended by the addition thereto of a new subsection 6., and to read as follows: 10-6-5 PROVISIONS FOR FLOOD HAZARD REDUCTION: A. General Standards: In all areas of special flood hazard, the following standards are required: 6. Crawlspaces: a. The interior grade of a crawlspace shall not be more than 2 feet below the lowest adjacent exterior grade. b. The height of any below grade crawlspace, measured from the interior grade of the crawlspace to the top to the crawlspace AMENDING ORDINANCE NO. 01-928 FLOOD DAMAGE PREVENTION AND FLOODPLAIN 3 foundation wall shall not exceed four (4) feet at any point. c. An adequate drainage system that removes floodwaters from the interior of the crawlspace, within a reasonable time after a flood event shall be required for all homes with a below grade crawlspace. The design of the drainage plan shall be approved by the public works department prior to the issuance of a building permit. d. The velocity of floodwaters at the building site shall not exceed 5 feet per second for any crawlspace. e. Below grade crawlspace construction in accordance with the requirements listed above "will not be considered basements. f. Applicants building below grade crawlspaces within the floodplain shall be notified that flood insurance premiums will not be able to be determined by agents using the NFIP Flood Insurance Manual. They must submit for a special rating under the "Submit to Rate Process" by an underwriter familiar vvith below grade crawlspace construction. SECTION 5: That Section 10-6-5 B. 1. a and b PROVISIONS FOR FLOOD HAZARD REDUCTION - SPECIFIC STANDARDS - RESIDENTIAL CONSTRUCTION of the Meridian City Code, be, and the same is hereby amended to read as follows: 10-6-5 PROVISIONS FOR FLOOD HAZARD REDUCTION: B. Specific Standards: In all areas of special flood hazard where base flood elevation data has been provided as set forth in subsection 10-6-3B or subsection 10-6-4C3 of this Chapter; the following provisions are required: 1. Residential Construction: a. New construction and substantial improvement of any residential structure shall have the lowest floor, excluding approved below grade crawls paces ir:.cludir..g basement, elevated to or above base flood elevation. AlvlENDING ORDINANCE NO. 01-928 FLOOD DAMAGE PREVENTION AND FLOODPLAIN 4 b. Fully enclosed areas, other than allowable below grade crawlspaces, which below the lowest floor t:ftat are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: 1) A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. 2) The bottom of all openings shall be no higher than one~ foot (I) above grade. 3)" Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7 : 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 of the 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 8: DATE OF EFFECT: This Ordinance shall be in full force and effect within one (1) month after its passage, approval and publication, according to law. AMENDING ORDINANCE NO. 01-928 FLOOD DAMAGE PREVENTION AND FLOODPLAIN 5 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2002. Mayor Robert D. Corrie ATTEST: City Clerk l:\Work\M\Meridian\Meridian I 5360M\Ordinances City Hall\2001 o rdinances\Amend oRD92 8FI oDd Da magePrev ANDFI oodPlai nORD030402 .doc AMENDING ORDINANCE NO. 01-928 FLOOD DAMAGE PREVENTION AND FLOODPLAIN 6 interoffice MEMORANDUM - To: William G. Berg, JZ.1 Wm. F. NiChOlSt{lf'fU Amended Floodplain Ordinance RECEIVED MAR 0 6 2002 C~ty Of Meridian CIty Clerk Office From: Subject: Date: March 5, 2002 Please find attached An OJ pertaining to the Floodplain. Please ph Workshop for discussion. -~ l\..Tn ~~ pe~~~ .~~ ~ ~/J?H..rJ/~ If you have anything furt r ,/ :s 'J .~ ~ \ Z:\\'Vork\rvl\Meridian\Meridian I 5360M\Ordinances C C-j~:... ~.' . ~ ""'" I ~ ~..~ 01-928, leil )ffice. )rd030502.dac Community Planning Association of Southwest Idaho RECEIVED NOV - 6 2002 City of Meridian City Clerk Office ~ ~ ?( l~ to[;VVlcL~ vv~ l( - o~ -02- J~f\o- 2:> MEMORANDUM TO: Mayor Robert Corrie Meridian City Council Erv Olen, P.E., Associate Director ~ 0 .. FROM: DATE: November 5, 2002 RE: Follow UP with proposed developers in the Waltman Lane area. The latest scope and schedule for conducting a traffic operations study for the proposed Waltman Lane development is attached. This study will cost $30,000 to be shared equally by the developer, the City of Meridian and the Ada County Highway District and will delay construction ofthe Waltman Lane connection at least a year to 2005. A redesign of the WaltmanlMeridianlMain Street area is expected as a result of this study, at a cost of$80,OOO to $100,000. Neither the Ada County Highway District nor the City of Meridian has the funds available for this redesign. At your request, I have talked with Mr. Mark Canfield, CESCO and Mr. John Engh, Arrow Development about the additional design cost of $80,000 to $100,000. They felt it was not their responsibility to bear the total cost of this redesign. They will commit to their $10,000 share of the cost for the traffic operations study, but would like to wait to determine the equitable share of the cost for the redesign of the project. They agree to pursue with the property owners of their site an equitable share of the redesign cost, but feel other adjacent property owners and the City of Meridian should contribute as well. I look forward to discussing this issue with you and the Meridian City Council. Attachment pc: Clair Bowman, CaMP ASS )Aark Canfield, CESCO VFile 640.01 EO T:\600transup\640transvs\waltman dev..doc 800 S. Industry Way. Suite 100 - Meridian, Idaho 83642- (208) 855.2558. Fax (208) 855-2559 . www.compassidaho.org ..,. N M 0 Q ..... ~ ;::l ..... .r;, J:.L. .., ..... N M 0 Q ~ ;::l !:: ~ ....., 00 - 00 z :>- ...:i -( -( - Q Z - -< " N 0 00 lio"l ..... Z ~ - ~ lio"l N ~ 0 ~ Q ..... lio"l 0 ...:i 0 ~ Z ;z: lio"l -< ...:i :it => E- Q ...:i c lio"l -< t ~ == ~ ... 0 Ul U == ... == Q ~ c 0 00 0 ~ '.p j;;o,l Q Q. ..... Q 00 I::: "0 Q 0 <1.> Z '" == 0... 0 '" :a '" .: Z' c 0 -< c ..J 0 ~ =- ,2 ';: ... == lio"l 0 <1.> .: .Q ... .~ > -;j a ;:;s 5 .s <1.> =- " ... ;>, :i 0 Ul E Q. <' Co rI) {J x '" == ... 00 ..... (lj <: ... Q E 0... <1.> U Q <' U c;j ..... ..... <: :a ..... N , <1.> !:: <1.> ;:) ...;' ;':: -;j d' ..... 0 E bI) :c ... <1.> 6; <1.> ~ <' ;;:l ~ > =- .S! '" bI) .9 0 <1.> E VJ .~ e == c <1.> ~ ..... <Il '" <Il (;i a .. "0 .;::: Cl :::I c.;> .;: !ow <Il '5iJ { Cl 0 C I::: .... :I: <Il c.;> ... Co c: '.p 0 <1.> (I) .~ ;=l ..... <( 0 ~ .. 0 "5iJ u '" I::: <Il E c '" "0 <Il "U' bI) <1.> ;; (.I.1 ,E Qj I::: .... en ,2 c c: c ..... <1.> 0 d' '" '" c c: <1.> E > 0 Q. u E.. .Q :::I :a :t:: == ~ ] -;j .~ .... ~ ... =- E ~ 0 (I) <5 0 c 'E ~ 'U' et: 0 "0 (I) E.. u IS 0 u V r.E 0 U :::I C 'c "0 E I:: E Co ;':: u i:E u !E (lj (I) "0 (I) ::e .~ Q '" ,~ i! ~ ;;:l 0 0 0 0; 'u .... '" c: ~ Q. <Il ~ 0 u rI) "0 '" '0 .... t;:::: .... :::I .... <Il 0 > ~ c .P ..... 'E ~ ;>, en Q. <( :2; ... (I) '" Q.. <1.> Q. C 0" ;>, Q '" .... ..... 0 ~ 0 E <1.> o:l '" .... "0 < E u ..... l"l (I) (I) c C""1 ;;:l ;I: (I) Qj Qj 0 Po. (;i .... 0.. <Il eA == '" ~ '0' (;i <5 c ;:) '" i/.i .~ '" 6; > u ~ > 0 0 :a ~ ... Cl .... C <1.> 0 .;;; Qj ":::l C ;::l Q. "0 <:<l "0 ;>, <1.> 0 \0 -0 E :I: <Il ..... "~ > ';: ;::l .;: 'r;; c I , , "0 .:;: 0... <D c U <1.> <:<l (I) (I) 0 ... ::l U 0 :::I (I) 0... 0::: P ~ :2; u.. ~ CQ < U ..... et: <( ii: UJ [J'J Vl P- O <U N C"'"l '<:t o.n \0 r- OO 0\ ..... (/) MERIDIAN City of Meridian City Clerk's Office (208) 888-4433 Fax (208} 888-4218 33 East Idaho, Meridian, ID 83642 Fax To: Marlene St. George - Legal From: Fax: Pages: Phone: Date: Re: I { -0& -()2 9fe -CoU11 ij Cc: ~Urgent ~or Review o Please Comment 0 Please Reply o Please Recycle 1) c' r:- t/. J-Vvvl1 77 cJ. 3 ** TX CONFIRMAll<..IN REPORT ** AS OF NOV 06 '02 10:08 PAGE.01 CITY OF MERIDIAN 30 31 32 DATE TIME TO/FROM 11/06 10:05 PUBLIC WORKS 11/06 10:06 2088886B54 11/06 10:07 2083757154 MODE UF--S EC--S EC--S MIN/SEC PGS 00'32" 002 00'42" 002 00'42" 002 CMDl:l STATUS 073 OK 073 OK 073 OK Communit Plannin Association of Southwest Idaho RECEIVED NDV - 6 2002 City of Meridian City Clerk Office F } 17(t.- ~OLUVl~l~V~ ll-O~ -02.- J~l\o. 6 MEMORANDUM TO: Mayor Robert Corrie Meridian City Council Erv Olen, P.E., Associate Director ~ 0 FROM: )lATE: November 5, 2002 RE: FoUow up with proposed develouers in the Waltman Lane area. The latest scope and schedule for conducting a traffic operations study for the proposed Waltman Lane development is attached. This study will cost $30,000 to be shared equally by the developer, the City of Meridian and the Ada County Highway District and will delay construction of the Waltman Lane connection at least a year to 2005. A redesign of the WaltmanlMeridian/Main Street area is expected as a result of this study, at a cost of$80,000 to $100,000. Neither the Ada County Highway District nor the City of Meridian has the funds available for this redesign. At your request, I have talked with Mr. Mark Canfield, CESCO and Mr. Jo1m Engh, Arrow Development about the additional design cost of$80,OOO to Sl 00,000. They felt it was not their responsibility to bear the total cost of this redesign. They will commit to their $10,000 share of the cost for the traffic operations study, but would like to wait to determine the equitable share of the cost for the redesign of the project. They agree to pursue with the property owners of their site an equitable share of the redesign cost, but feel other adjacent property owners and the City of Meridian should contribute as well. I look forward to discussing this issue with you and the Meridian City Council. Attachment pc: Clair Bowman, COMPASS ,Mark Canfield, CESCO v/File 640.01 EO T:\600translJp\640transvs\wllllman dev..doc 800 S. Industry Way · Suite 100 . Meridian, Idaho 83642. (208) 855--2558 . Fax (208) 855-2559 . www.compassidaho.Dfg ** TX CONF I RMAT tUN REPORT ** AS OF NOU 06 '02 10:12 PAGE. 01 CITY OF MERIDIAN 01 02 03 DATE TIME TO/FROM 11/06 10:09 Laurel 11/06 10:10 Laurel 11/06 10:11 CHERIE MCCANDLES MODE EC--S EC--S EC--S MIN/SEC PGS 00'46" 000 00' 43" 002 00'52" 002 CMDt:! STATUS 073 INC 073 OK 073 OK Communit Plannin Association of Southwest Idaho RECEIVED NOV - 6 2002 TO: Mayor Robert Corrie Meridian City Council Erv Olen, P.E., Associate Director ~ 0 FYI jJf ?(t-~oWVL~lvv~ It- OU, -02- J~l\o. ~ City of Meridian City Clerk Office MEMORANDUM FROM: DATE: November 5, 2002 RE: FoUow UP with proposed develouers in the Waltman Lane area. The latest scope and schedule for conducting a traffic operations study for the proposed Waltman Lane development is attached. This study will cost $30,000 to be shared equally by the developer, the City of Meridian and the Ada County Highway District and will delay construction of the Waltman Lane connection at least a year to 2005. A redesign of the WaltmanlMeridianlMain Street area is expected as a result of this study, at a cost of $80,000 to $100,000. Neither the Ada County Highway District nor the City of Meridian has the funds available for this redesign. At your request, I have talked with Mr. Mark Canfield, CESCO and Mr. John Engh, Arrow Development about the additional design cost of$80,000 to $100,000. They felt it was not their responsibility to bear the total cost ofiliis redesign. They will oommit to their $10,000 share of the cost for the traffic operations study, but would like to wait to determine the equitable share of the cost for the redesign of the project. They agree to pursue with the property owners of their site an equitable share of the redesign cost, but feel other adjacent property m.vners and the City of Meridian should contribute as well. I look forward to discussing this issuc with you and the Meridian City Council. Attachment pc: Clair Bowman, COMPASS .Mark Canfield, CESCO VFile 640.01 EO T:\600transup\640transvs\wnllman dev..d<'IC 800 S.lndust1}' Way - Suite 100- Meridian,ldaho 83642-(208) 85502558 - Fax (208) 855-2559 _ www.compassidaho.org :' .q- co .$ J!l ~ .$ C .....'tl C C II) 1lI E'tl ~~ iiD:: E~ wi -go 1lI.... ri'lU "C II) '0 c .r:. 1lI lI).r:. ~ f:! o II) :Ci: c~ .2 II) 12 ~ :::::I c.e .fa.. .... 1lI o l/)oC C'tl .2 .$ ..... rJ ~ III ..... e,E a.. ....1/) o II) c c o 0 IIlN .;:; .f!! [Ill En; o c 0<( (.) S E l- e ..r:: ..... L. .E - C ell E .5! E w G/:l I/) 'l:I "0 .c ell CI) ::I o :c c o ., I'll "5 o 0- .5 I/) ell U c l!:! ~ C l: o ., U ell 'e D. tn tn <I: a.. :IE o (,) ~ c o ., U ell '0 a- D. "CI Ql CI) .~ 0:: ~I 800!:2~~toOOOOO N ~--- ~ ~~ - c ~ .9 ~OO~~ U')ooooo ~ '''iB.~ ~ ~ ~:!![ ~ ~~ OOUlCOiNVOOOOO T"'" N (I') a ~..~ ... ., ~ ~I ... :!OO~~O:;~ , - ~ co 000000 ~I 000000000000 0 ~I OOL()Oor---I.t)O ~ :!~~ ~N ~g ~ m ~I .9 E i ~l a:: ... i ~I l!~ ... OO~O~S@O~~&1~ ~ ",r OO~O~S;~O~~V~ OOCl')O<<J'cnCOOLOV",""1l) Lt) -;X~ ~(I')_N ~I 0000000000000 00 ~~ge:~oo~~~ ~ (f):: ~~;'2 il .2 ~f ':0 '3 ~~ .l!! " ., ~ ~[ OC"CI"I"--NOmaOOlLnU') N ~;!re-:g_ Nfflm ffi N (oi ~ to :s 00 li"J8iJOCii'OOCO""N ~;:!('.I ~ ~~~ :s OO;fl~::No~aoS~~ ~ " . e ;e. "'!e. ~ :s. oooo~o~ooooo ~l e ~ COI:OM ~tO oo~ao....Q)lN N '" '" .... co.... ~ 'r"'::!. ~~ q (>']_ .. ... '0 ~ ~[ o :r:: - c j ~I E " z ~ ~I l! OOE~"'01jf008(l;tlJ ,- ... ~ co "" ~ oog:~oo;OOtO~;!; ..... ~ N'(Y)..- :;:0 :Vooo,.....o e IJ'lO oomca .... '" oooo~ooooooo 52 ~[ <[=,,1 ~ffl:ggL()golD~~mg II; IDVN"Q'~~~~~~~_~ ~I ~S~~~~~~~~~re to OJ ;! ~ m ,.; '" co '" ,.; .... .... '" N- N '" o N ;;; o IIi .... OJ '" .." N g ,.; to $ N ~ '" co ~ ~ ~ M co to o ~ .... <> '" ai ;a ~ E w G/:l CI) "CI "0 .c Cll III ::I o J: c o +l III "5 o 0- .5 en ell U c l!:! ~ C C o +l u GI 'e 0- tn rn <I: 0- :IE o o ~ l: o +l u ell 'e 0- '1:l GI en .:; ~ ..... C ell E .E o ~ ri\ o Sl mo~m~!l~IDO""O:sp''''''' !9N[ ~ ,..('\Iv. ~~Nre - M (f)" 1 ~I c 1 ~~ {!. ... " u ~NI ~ - ... ~O~~re~mo~~re~ ~; ro ::lO~ '" ~ ~ ~ * 0 ~ ~. ~ ;:5 N P'J~ &:O!:l~NS~O~t;;t:~ ~[ 000000000000. ~i cooro@:OOO~$!:~~ ~ E OOO<'lffOOO~l;l!s; ~ :oil ~~ w ;: ~ ~I .. > o Cl ! ~I ~ i:l. OOOMa:OOO~~f3;N OOO('laOOO(O~(Q~ ~I 000000000000 (\,100...... m ~ g:a:>oooooo ~N J~I tlJoo....tlJgjOOOOOO Jl ~OOCD~~OOOOOO ~ ~I ! ~ ... .E ~~[ ~oOIO;SlOOOOOO ~ i:l. ~I 0000000000000 jl *~~~~3~!~~!3 &1 tG~~~~~~!~~~ C"oJ os:::;;) c:;) C-..J .c..o I ;::.v.- a z: ~ Q S ~ ~ o E .... CD 0) as Q. :1i '" .,; ~ M rri .... '" ID <D a:> to '" ",- o is .... - .... '" co ~ M ~ o ~ .... .... to '" to ll.l :8 ~ o .... '" CD at ~ E J: 0 !! c " 0 J: " II W c 0 J:-a ~:g s {!. r 'lit CI) .s s ~ .e .E ....'0 C C Cll l'lI E'O i)'~ c..O::: E.s! w::5 ]0 l'lI..... .... l'lI Cll o '0 '0 J: Cll 1Il ;:l o :I: C l'lI J: e .e C c; .2 Cll .... 1Il .!!! 0 ;:l 0.0 o .. 11.11. _ l'lI o 1Il..Q C-c .2 .e .... 0 g l'lI '2' E 11.- _1Il o Cll C C o~ .~ .~ [1Il E'ii o C 0<( o IE e I- Cll J: - .. .g ~I ~-~~ $ r;:; \1j! !~n~ \1j! ..."'''' " ~ - <'i i'i m ... '" "'... Il)~~ ~m~ i ~-:;::;:~!s;~mgJ~~ !ij l(ll(l~l1HI~iO<'i~ii'l "- 000000000000 ~ ~I ~ ~OO~a - 8m~::~o - '" 1;01 ~:!OO:!~;~~~~O ~g .2.'" ~ ~::OO::NC:e~((J~O ~~OO~~:;~~Q)~O 00000 00000000 ~ t:::~;t;B~~~~~re~~ ~ ~~~row~(t)co_~;:_~~~ E w fJ) 'C o .c III fJ) = o :I: c o +:I C'II :; :l o 'C D. i " c III = .. o ~ o .. C'II ';; ~~ .. ~ ..e u :g i :85: g = 'e !l a.. go 01j ~ ~ c..~ ::E U of 0"- e € +:I " III 8 -i( · w~ ~~~&1~~;!~;'::M~8 ~~(I)N[t')N~~~_~("l~ 10 m i ~I "- ~I ~ ~~~~re~~~~~~~ N ('f) ~ t'.f u:r ~ ,... g~~~~~8~~~~~ NN- '-;:4:\i "ft-~ ~~$~&n:!g~_m~~~ ~ N _ ~ ~Ht Sl ~ - ~~:~~re~~~ ~f"i .. 1m it+!gl~~~&jm:liPS~ " o :J: 1~ !l;;8181$glg*~m~m " z .., "'-"'''';!:N''':g-NSl- i~ ~to"'''' <Ol!l<~~ 0'; ~ ~reNm~N~~~~~~ ~ ~~:gg"'lila~2:e$1il !J (oVN-q-~~VM~~~~~ ~ ~~~~~~~~~~~~ ;(}~ ~to ~ - N to "'. o ~. - ~ o $ '" co to ... N '" ... '" '" N o N N <'i N ... to ~ N ~ - N '" [fl r<i - en '" '" r<i '" co '" ,.: lil '" r<i '" m r<i '" '" N .n '" <1i N ... o '" ",' ... ~ c C'II .c u .. J!! .E 'C '<t l'lI '9& :;;.!!! :;:ji 'CQ l'lI.... & C'II .!!!.Q :E~ C. u :~ l'lI<( III III E~ ~ III J!!5 .E .5 1::- C'II I:: .... III o E 5,2 ~ E 2w 1iiC/l c o III 0'0 11I0 5-; g'l~ .- 0 EJ: = III C III 0 <(~ :; III C :8 0 uc.. IIlb .[ en 11. l5 "0+:1 III u fJ) ,Ill '~ e 0:::11. l!l:;:1 ~<r-~~~~~~~~Ui~ N~ ~ ~I ~- o ~ UJ ~ ~ ~ ~I '" .., .!! LO r-- ~ ~! :il '-2..., "- ~Ui~5m~S~!$rD N~ ~~i!go~mm~m oW M....... .,.:~ re~~s~~u;~ ~I 000000000000 0 r.o~ll)oU)o",lt](;O::t~a}O) :!l5?IQ)-,,--~ ~U')~~tOMLO~ "'''I '("0. (..t ~ i ~! III 0 i w a;~~o~~~~~~~: ~C',i ~I ~~~02~!~~~&llZ '5 .. 0:: .., ~ COj ~ ;:: i~ 0. 1:l0"'~ O'JlDmN.....N"' ~. ~ ~ oq- N ~I 00000'000 0000 l!l5?! Si~~~~~~~~~.~~ ...... N cri r:ri ~ ui..q..r " il .. l o D.. .., J:! U ~ E 0. g5?1 ~~$~fi~~~~~~~ u N-ri NrJ5~-N-N ~I ~~~~~~~~-!~~~ ~ "'NN"''''''''''~[fl!>!!>!~ ~5?1 gre~V~N~"",(pa;tO~ '11'11. ('\,1- -N c,.r v. ~g 1:l;,;:gg~~of8:;~mo vm. ~tO(I).....m N , ~I ~ ~~~~~~5re~~~ "":Nc-.i~~ .. 'C ~ .. .. " o :J: '0 ... i " z .., j ~I E "- ~I i~~:il~~~m~~gg ~I ~l;;~~~g:*~~~~ ~~~~ ?Q~:efflm~g~ ~ r.D::'IJ)NM ~! ~~N3'JNNl2m:;;~:il~ "'I ~~:gg"'ga"'g~l8lil ~ ~ "'NVN~~~~~~~: ~I ~~~~~~~~rererere !:; '" ISi ;: '" .,., N /l) C) ClI a.. ~ ...- :!lii'l lD s: N ~ ",- N '" ro- .,., ... "' r0- M o m N o '" ~ ~ '" '" '" '" ,.: '" en N ~ ~ ~ ui ~- ;::; '" '" '" ui co ... N ,.: '" ~ ",' '" '" lD N <ii ~ .. u E .c 0 ~ " " 0 GJ) .E~ ~ :s ,.. "'" IX) J!l J! l!! J!l .s ...."C c: c G) III E"C ~~ iir:r:: Eo! wi -go lll~ .... mill "C Gl "i5 c .c III l}J.c ::s ~ 0,$ ::t: c c; .2 ll> ~ :g ::s Q.f?: ~o. .... III o UI c"C .2 .e .... u g I'll 'e' E 0.- '0 m c c o~ .~ .!!! [UI Eiii o c o<C u = l! l- ll> .c .... ... .E ~ Oil _ """ t;; ~~(J; (,TI- r- ll) 0 0 ~I '" '" 1l) _"'''' u; ~~a::: 0 - .. ~ ~~mm ffi '" 0 0 ~~m~ 5l " ~I 0... ... " .,'" Oil .., ~ ~ - ... ~ E ,,"".w '" '" g;:.....'" ~ 1l) 18"'''"" ... w ~I $'" ... ... g~ ~ -.....'" ;'b .. '" ~ <'i j It> '" '" '" ;:! on~ ~a;: ~.....w .., u 01 !:!"'''' .., _w... ... .go - ... "'- e~ - lL ...'" o ID fill :gmg ...-- '" '" ~I N ... "'- N'" '" '" ... '" o 1l) '" ID ~ "'''' '" ~ ~'" ~ '" ~I' ~- .., ;:i; ~ I ... :! lOcomQ)U':l ... ~~CQ - '" ~I '" '" - ;;; .., ! E w I ~ .., ~ LOLl)<<:J(J)-oq- ~ '" ~r--O) ID ~~ '" ::j: '" EO " ,. t1 '" :: "It V r-LO v '" '" ;!WCO IX> ." ~ '" '" g;: ~ '" u -!' 2 lL 0 ~I , : 0 0 :! :!~!;j ~ Oil """ '" ~~ '" ~I ~ '" "':: N '" '" ~ " !;j 0 ('1)1;")00:. ... g;: ...... 0..- N ~ ~I T'""T'""N~ ~ "'~ N'" '" - ... 0 E E w 0 0 ~ .., - '" ... 0 lB "i <01 ;! ::::~ IX> ;:! '" '" _N '1:_ Oil ~ .. !!l N ." .e ." N 0 mml.()co '" ;g~lil ~ ~ '" ti ~ _ 1l) '" ::j: .go 2 lL 0000 0000000 0 ~I !I '" ~~g~8o~ glX>lBg ... i'li <'!. lD_ "! "!. 0 oq-C\liVN't"{VC') <0 - T'""..... '1"'""..... ",' ~ ~ M-""'f"I.t:I(Qr--.m '" lllg - '" "i J'o- r- ...... ,.... ..... ...... ~ '" '" ~ NNN~(\IN N'" "'''' E w Ul 'l:l -0 .c ell en ::::I o J: I:: o ~ III "3 .. '" 0'1: o..g " ::I o I:: D:l ::::I :! o ~ () .. III " ~i ... ~ .2 u ~ ~ ~g " :! CIl '" e -s 0. g' (I)" (I) '" <( g o.'tl :e " 02' 0l1. ~ C " :;::I S en 0 'x .. w~ 'D ftI ~~ "C.i!! l;i 'DC Ill- ~ ftI ~.Q 'D :Ell!:! Q u 1 ::~ Ill<( ~~ ,g.... ~ CIl $;: s .5 c" III C .... CIl o E S.5! ~ o E 2w 'lii~ I:: o fII ~~ ;:-; Olfll .5 S EJ: ;: I:: f1I 0 <1; :g"3 :8 0 00. .~o e en 0. C "C .2 Gltj .~ .1lI CIl e D::o. Gl 1 ~ o ; i ~ ~ ~ $ ~ ~ S i: ~ ~I lL "':;:",1 t!;;f.:1mN~W:::$ft:~:::: ~ ....... l()~~Wr--1DMOO "'gjfl;1g~~;#;~~~~1& ~ ...... (l')ririlt)W'''q''NN mre~m~~;!~~~~~ ....... ('o,IaJNU"'.l"V"(\;j......Of- CIS (Iff ~_~~m~~~~*~~~ ..... .,:f\i ~I <!j~g~fill:2$5l~~;;;~ il ~ ~ '" ~ '" "''''~t:;~gg - - 5' [ ~I ~~ l ~I E ~ .. i; Cl '" _ i ~I re or- u:~ ~ l1. t5::!tom1OCOI.O~ '" g;;;;JI;;?; ii~LO~r.oQ)V~~~~g 'VCDLt)lO'V,rem~~~ ~ 000000000000 :Ill ~O;!~~~~m~~~~ ~ '5 ~ ~I 5! N E w i~1 ~o~~g~!:l;:!N!;j~~ ." .E ~o~~~~~~~~~~ " ~ 01 u.... -! ~ 2 lL ~OIJ):! mvcool.Oco C?CDT""ID_~ :&~ 000000000000 ~I ~I ~~~g~go~;J~~g ~ :J N"q'N~_"M~~~~ ~ ~ N('f)VI.OIDr--commo N m i:I ~~~{:::j~~~~~~gJro ~ M (l) en I'll a. i'li ~ ",- - 18_ - - ;;; gi ;;; ... 0;; ~ o Oil '" '" IX> ... ..- .., '" - u; o '" '" ~ ~ - - - '" '" ... '" '" o .. u E '" 0 e " ::r 0 '" u UW " 0 "'"li ~!! u.. 3 "l:t ~ "" ~ i D- C") ~ 0 t-. <""l ('$ 0) co ('\( N ('\( 1'- ) ~ 0) co N co N 10 ~ ('\( 0) N N \. \ I ~ I 0:: ('\( 0 ~: t; ~. > 'fooo <( ~ lsZ 0) ('\( 0 N I- 0) It) 10 -z ...... !~ ...... CJ) N C'l 10 ::> C'l u. il IX) co <:0 ~ it) <"? N (V) l() it) N It) It) It) 10 co C'l It) N 0 N It) I.t) ..... I.t) t-.. (Y) LU It) LC) It) Z ...J <0 0:: ~ N W ~ \t') Q') ~ co ~ ~ 1.(') OC 1l') :/ w a.. () \ \:.. , 'Q) 0- '0 II) ~~ .... (I) 0 Op..(I) \P e 'i3 OtU<!. ""::CG '(ij 'c:.. "0)..... elll) -6 :; it.: e'.2 $1'0 (I) ~. e 0 eO) ~t 0-0 ($ c: --CCO (\)~ e..... 0.2- o c: -- (\)-0 ~ co o&; ta(\) .~ -- ~'- (\)~ -00 'en 'C'" &c: ~ 'C'" -0 N (\)~E - ,- ~~~ co ,- w r-e.. (\) 0 c- e e 0,$ o e ~co -;3- t.- ell cG '~ c: -";; '0 .- ~} (\) .~ 4,- g -0 (\) c: .-e '-\ w\ .:" c:- o ~ :s ... u 111 (I) ~ ~ s o (0 ~ III 4: , .... I!) 0- '011) ~~ cUb' 0- (I) ~o-'G o&<!. ...:-<<. .~ .- "'Q)~ ""~ -0 .s , 0) I J8.... o~ .s::: .... $(1) ~o. o a ::r. ';:: .... (G $"5 'Co- Q) 0 ';20- ~-o ""~ II) Q) I '0'0 -04:: -as.... II) I!) ~o- O~ ::r..;:> - (G .~ "5 ~% :SO- 11)-0 ~~ cO CD W 0- 1 .... 11> 0. II) % b'0) -a~ m :s ~ c o ~ ~'O (/)"ij) 'Q)11> ~~ e~ 0) e 0- .~ €~ o Q) CC (1)0 .c.J:: ~~ o (II -og (G~ \;;0. 'So- o Il:l CD '0 ~Q) -gg .- ~ F.,II) ......,~ EtI1 -oS ~...n ' stl1'C:" ... G'l tI1 o .G'l-O .P;cC N'""'~ c"lCO .,.,.0,S;) N~E. 4:.0$ r",1I) "5...... G'l $,3 €<Il(l) ::l 1? .s o 0) II) -::Otl1 O),g-o ~O tI1 ..... -0 0 ~C" 11> tI1. .$!. €.s<<l o~'1C CO I!) 1Il ';> \1)(I),g ~.sO II) -ro~ .... 0) $~ .s$ C. 0..... ~% ~G'l 'f € .- 0 ~<.) ~~ C..... tI1~ ~11> ~,s ~-o o C .Do<ll E.~ €& , 0 I!) C? 0) 0 .s<9 ~~ -o~ co ~ . &. .J:: C~~ :=::''015 ~cll:l c~o- (\) 0 <Il U:.Doe c:.E.1I) :t:I!)(I) 3.c.';:: <n":5co \00-0 '<""<Il5 NI1>O "!.,s.Do rll)E. 'OlI1l1> <n...n % I,{) tI1 '€...- Q) ON-o 0..", ~ ft- C Il>~'" €G'l% 0,1[; I\) c.P ~ I\) 1ii I\) ~.s.s C-O tI1 co ~&. 'Q)~-o <::l,)c ~~tI1 ...ninE. I\)? I\) 3Ei/) € I\) o~ 3 C -0 I\) '05.s tI1 0 II) I\) .Do lI1 ~,I[;~ I\)~O .s .'" " .s r 'Q) €~~ 30';:i C ~'O 0.- C ~"CtI1 "30-0 0-';,<.13 Ol\)'s 0.......... -o.s~ ~oO <Illl1-'6 ':sll:l<.13 ~'tiiCii ~ .1[; .c. ~.s::::t:: 01- 3 .c. . . C'l.s o~~ 'Q)-o~ . .D.CI\);:::O e <.13.,s ~ a,&c1$ -ONOI1> I\) . \1) ?i 1)ocll> I\) to lIl. ... ._e-t...J . e~ i::'~ 0. <( 'al .c ~t-.c.~ (\)Q)Oc II) . ~ 'g";::.s::: 0 '.o::!o.'a.P .~ % c E. I\)l,)~$ I\)~,"",~ ~.s.S Il> lJ) ~ ~4 ~'O .2 ~ t 0 o:.-al t o ... \i 2:::: .c:.. ~ I\) . ~ ~t€c ",..:Jo~ . -0 C B "CcO) 1\)<.13.sE. %.g a % %-6'1Cm ,,(I)tI1-o 3~$.~ 'Q)3':aE. "C-roco$ Il> 'e, C flJ .0 ~. ~ ~ {3."C.s 11> (G1\)'8-:S ~O 1Il V' .s::: ,.. (I'l G'l ......:0 .A " .- '0 -0 Q) 3 I\) (I'l '~lg& CD ''0 0 I\) I\)o.ote. .s 'fA .1[; -e .S tI1 ~ ~ $Q)'tii's % ~ 1\)0 o\1).s:::-o "0 ~ 1-, ~ C N Q) tIl~c"l"'8> 11> ~..- lI1 .g~':itU 1ii~\-;i .sll:lC3 N Q) '0; .c. c<l:S~'S '<"".... 0 N~1ii1l) 4:. I\).s I\) I--o_.s::: _(\)o~ ~e~~ €~M~ ~3Q)o"" ~c:oo::.Q) Q)o"Oc? e'U~.s'-U :S~~~'&. ~~s~e ...'0 ia s ~ ~ .... ""' 111 -lD I!) ,SN3c:- ~o~.\! ll) c.e. 0 '0 o ,~ .- _!\-z.~ ~4..s~ crN .!8c'A ~a; .5 (\) -- \ " ~ ~ (\) %. o 0) t o ~ ell s- ~ ~ ... $ c 3~ s;.(\) u C 'eGo- (\),S III (\) ~l) (\)0 111 '0 (0 \1) ~ ~~ ~! p.~ %-:0 o~ :::" ,ec ~~ ~ \ \r.., --a ~'O-e. o.cell o ell t 1)"0- .,. ell -::s (\)gO 0.-.(0 ia~~ :l:l 0\ "0 C (I'l C (\) U1 -~ "0.....- _iij (IS 0 ~ 11> .sc t~ lI1l1) -gm ~"O B~ C c:. 'Q)~ .c,$ a~ c3 I\) I\) .s:S 'S~ '<"" Q) ':i'B \-<!) ~~ 11>~ .I[;~ .P-o ~c :S<.13 -ai~ .... 0 ~" S ll:l ~~ ~Il> Ol:~ 'E. u- .- .c, \1):t:: :S3 .c, - ~~ I,{)~ \0 Q) ~.s.... "!.ca; \-oz. '0 ~~ ~~o. <<I.h <Il .s:::ol\) . .... c -:c, - 'a; t1l II) €'c'~ 0"O~ c~C 1\).1=<~ .c'~ 0 r.....P tJl U .~ .s;;< ~I ::l 5 c -a .., \ \ , . , cD ~, ~ a' cD "'"' ~I N ., 0 ., (') .1 0;. 10' 0 CD' a' '$. , , , ~ , <l> N , <lI , 0 , , , ip: -S '.... .<:: '", ... ... '0 I.... - I.... 01 ,~ ,.... 0 ,.... I: ... f'- 01~~ '$. '" ~I~ '$. ~ ~i~ OJ c: ~I lJ) " co :3 III (]') ....,.... .... <0. o:;Jlt- a O~I- <n cD ~ , N ~ II: tIl ~ 'I: CI 'I: Gl .... ,.- N ,- e ..; ,.- .... .... 0 I! .E Ie! l! ~ ... OJ .... :3 ~ c.oi< .. - '0 :3 .... (Oi:t .. E :3 ~Io( .! w r- -;:;- ~ ;;:; ;:1" ~ ~ ~I 0 .... ., .. (') ., .. ~ .E Il> 0> ""'<lI oS! co. ",", Il> e a'<lI :(:1. 1(:1. Gl 1(:1. .. 0 I: .E ~ E .E oil !E '0 <l> '''' '", e! '<lI U 'Il> e. l~ .5 0 i~ ~ I III .2 '" 0 ..c ~ 1>- :;: .. "lJ ' >- <lI S 10 ~'O l:! 0 t!. ~i~ ~ 0 <<:1 10'0 c: 11> c( ~l cD .' is. .. .. III N .1 is. l!! -S " <<:1 ""[e 11> "<l:. "'I e Cl ale l.I.. rn ~ [w III ~ Iw '0 '0 ::2: E ,u.l i!: C. I III 0:: ,Ill ftI [Ill Gl 'u III .0 e. '0 G> [e '" Ie 1il 15 "lJ III ~:o '0 c:n 0 i C![O in '0 ~I 0, @. 0, 0, ~ , , , co I I , , , G> I I , , , , ~ ! ! ! ... .S: III ... . I , c: '" q~ co N' ~ 0' Cll ~l ~ ;:: ., ., E (') "" 1'), 0;. ...., *' , , N' , Cl> , Gl .... . 0 c.. , -s , oS , ... 'N '.... i:lt; 0 I... '0 I.... '0 CI Qj ,.... ,.... ,- e ... ..... ""!;;! ';/. to ~I~ *' I') IE![!;;! OJ > e 0 .' l"- N :3 ell Il> ~I (') .....I~ 10 co Mi+- ~ q ~!..... <n cD ~ N C , .... .... 'I: m 'e 01 'e <lI I- I: N ,- e ..; .- .... .... .. 0 Ie :! :3 ~ ,I!! OJ ... OJ '" ~ .!!! '0 ;;; .... '0 :3 .... '.., 1 E co <<:11< -;:;- ~ .... CDlo( 'E ~ ... ~:o( .5 w ~I <<:1 ., .... ~ NIQi 0 ., .. :i c: '" ...., Il> S 0;. CD, <lI ~ Ie. Ie. Il> T-Ic. '" rn I: .5 e .5 .... oil '.. Cl> '0 I~ ! ,S: 0:: 'Ill U 0 'Ill e. 0 .5 u i~ l!! !~ 0 e i~ :;: .. "lJ ..c 1 N e u -r ....' 0 l:! u '" N'O U I"- ",' 0 I: Il> ell ~I ~ .1 D. ftI ftI <<:1 . J c.. III 0 .' is. l!! :; :s u .. 'Il"'" ~ e Cl> -r Nie Cl (I) t::! E l.I.. .... c( 'g lw 0 i5 '0 0 tl .w. ,w III .. D.. 1= J= m 1= 11> I- ell !~ <lI l~ e. !~ 'C .. ... c.. ~fa= '0 C!10:: ~ ~:c:: in ... ~I B ;: c: 0, 0, , , , ~ ell , I , , , E , , , , , , >- , , , .2 c.. E w ~ ~ l!! Q) c: c: <: ~ U 0 0 0 !E tl ~ Y ~ - ~ 0 <Il III 0 'eo III 'eo <Il 'eo :ll 11> m "C D.. <Il D... C. ~ ;>, ;>, c: CIl 0 CIl 0 CIl l\:I CIl 15. CIl Q. ~ Q. c:: E c:: E E '1; :!; ill :!; ill :!; ill ... 0 "lJ 0 l 0 "0 Q) () ~ () u ~ 0:: 1': OJ 1': 1': <Il "C 11> 'eo ~ "e- ~ .~ Q) to C. C. D.. ::s :3 ::s ... () u u (,) Q) '[ ... t: ... - C I: N ~ .. I: '" ,; <l> '" ..c OJ M C. 11> .... 0:: ~ <lI '" a. e .. e .... m E .... e - m <Il ~ III lii ~ 0 .. e. ~ 2:0 e. ~ .5 :3 Q. ~ '0 Il> 0 III 0 :;: .. tl 0 <( '" Il> 1 '" I: a; .! a; m Il> u ~ OJ ~ I: > 0:: .5 .5 l!! :i <lI .5 Cl ;;; Cl l.I.. Cl llJ '"I 10 N l!! 10 "It 10 f'- u <0 10 ... 0:( ~I N 10 OJ (') lJ) 10 ... ... .... M G> :s M I- c( UJ ::2: (II II) '0 CO Cll ~ ... .S: .l!l c: ell E c.. o Q) > ell C .. .!!! .5 UJ .S: 12 ~ ... Q) c.. ... c: (II E >- .2 c.. E w C; ... o I- 00 c: ltI .!!! ... ... III ::s "C c: "C ell ... (,) ell '[ a. ... <: <lI [ o ~ E w :s o .... "C S u ~ E l1. , aU ~, ....' , <lI I ..c 'N ... 'M .... '.... 0 ClC!!!;;! '$. ~~1- ~ I c tn 1'- c: rJ i ~ "! ~ ;il~~~ "'I"'" I GJo .! r-- ! ~ i .5 'GlO", 1Q).c! ~ ~!~ l:! g ~I e: ~! E ! ..... Iw ~ 1:S Cl> low ~I ~ ~l"" & , , , v ~l ~ N ~I ~ <0 ~I ~" , CJ'J ~I ~l \:; C\tl ~.. i ~ ,.... i N ~,~ ~ ~Nl ~ Nl.5 e I ! e !~ w v~! Gi ~ N~ol ~ N I Co ~ I~ := J ~ "C ,>- :t: 1.2 i ~N~l g ~i~ ~~ !~ a: i~ o,"C ~I 0!.5 , , , l!! a :t. u Q; Gl e. 'e- ~ D.. IlJ CIl 1>' CIl15. c:: E :!; ~ 8 ~ 1': <Il ~ ~ :3 () m ~ <( ... l: N G)"fiw~.~ U):;.!lc. '0 <lI l: 0 ~ .llJ III ~ l.... 0:: Cl>.5 c ~1lJ) u .... 0:( co ~l 2 , ~: "" ....' I GI :Ln ;; :~ 0 ~ c!~ '*" ~-~:I-e i.5 .~ ui I l1J en I/) ~ ti :;:I ~ ~ ~i~ ~ ~ 01 'l""'1 GJ r- ~ ! ~ E ,S 'QI Q.. U) I QJ 0 Q) CO c.qi ~ l ~ r- ....' Q. C) ~ ....: E Cl ""'1 t w t: Ijg [ ~ 0 (;) ~ ~l E- ! , , , , ! a> t- or> ...," GI :; '0 'if!. .... N ~N OJ .... ::I .... j~ ~ .S: U III ..c l!! ~ ~ .. ill GI a:: GI III '0 B , ro ~I on .." <0 I i~ ~ ,.... ... IN 'S ~ I'-:i~ ~ m "'1.5 ~ !! ~ vi :.::l -g:; 11) "'It: -L.. ::s ~ ~ C\i: ~ ~ ~ ! 13 'e .5 ,GI Q. :~.2 31 ~JQ. ~ ~ ~ N! Ji ~ OJ 1- ~ t~ :u ,... e. 1 g: t) C1""C Q) c:il-= ~ , , , , , l!! <: <> o <l; tl Q; <Il e. 'e ~ D.. IlJ CIl 1>' CIl15. <l; E D.. W :!; 'U o It> () 13 1': It> ~ ~ ::s () ~ ... III l: .... ~c;e~ 0.. III e. N ti~~~ ~ 'iij > c: ::I <lI III Cl 10 It) 10 10 lJ) ... , C"l q~ (') N' ..- Nl ~ ~ I 0 , .... ,0> OJ I~ c ffi ~I~ .~ 0_ ~II- Qi' 0) T"" 1.= ~ ~ l! ~ ~ .... ~i~ ~ .... ~~~:,~:S4= ,.... 1- otI ! I ~ r:: (J '<lI III "It Ml ~ ~ G) vo:ilc.~;S m -.:-1 e u- 't5 lW '0 ,- GI ! ~ :E ~ ~I"" i I I ~ CD 4) D) nI Q. , ~ C'to!: 0: ~ i~ ~ ,- m .i~..5 ~ ~: t- ~ 0:.5 di' a) : e ~ ~ 1~ ~ ~ o "!~ d; ~ r- ~ 01 Q. ~ r:: I ~ "" ~ I ~.5 U 10 - m m "'11e.. ~ ~ o!Ji ~.= ~- .... Q l.! 0 .... GI , III 'C :.g in : e ;: r'- ~ : , , ~ a ~ 13 0 01 a. 'e ,~ D.. III (f) 1>' ~~ :!;~ o .l!l () <.> E 01 ~ 'e 5 D- o - ... 'ti <lI l: en 0:: ~ e ~ .S~~g.N ~.!o::a;~ l!!:i it;.5 u. Cl N I"- ~ '" It) ~ e:( en :! Q) IJ) '0 m Q) .c .... c IJ) .... c (l) E c.. o Q) > Q) CI III :;::; C (l) '0 'iij Q) 0::: ... ..!!! 'E en 'It C ~ ~ ..c c,) Ille:( I- ... Q) c.. C o :;::; ..!!! ~ c.. o ll. '0 C III IJ) '0 '0 .c Q) IJ) ~ o ::I: iU :;::; C Q) ~ IJ) Q) 0::: '0 Q) .... c,) Q) '0' ... ll. III 't:I I ~I ::> o J: - ~ ~I E ::> Z 't:I ~ ~I '0 ~ ~I (T) ID ~ Lri "" C\I ..... ~r-: C\I ..... ~ r..: N ..... ~r-: C\I ..... IE. r-: C\I ,.... IE. r-: C\I V m U) V N N V m '" V N N V en '" V N C\I V m '" V N N V m U) V N ~ :i <: lii o 0. :g c: (IJ 0 '~ iii c.. :; f./) 0. f./) &. ~ 6 :;: '" 0'0 (.):g "E (IJ ~ gj ::> 0 uJ: ... N ~ cnco~ eo f>> C'I:IU) ~..~:a~-g ~~~~~~ N V m ~ W N 'N ..... ~ r-: "" '" (T) ;!ir-: "" V N gj r-: "" g :d M o ~ ~ r-: M V 0 '" V o. N o to V N o. N (T) V N N O. N :; ~ '" N "" 0 o N o N ~ :i 5 8. u <: Ql .Q '~ 0; c..:; f./) 0. f./) &. ~ 6 :;: '" 0'0 (.) 0 1: ~ ~ ~ ::J 0 (.) J: '" U) V N <0 N ..... w U) ~ ~ <<i M <: ~I .8 -; ~ o 0. "C .l!l o .~ ~ ~I V (T) ::j: ui M V W V ,.... ~ r-: M ~ N ~I'~ ui CD ..... o ~ "" ~I ~ to ~ ~ N" (T) w V U) g r-: M ~I g 0 (0')_ N to ui to '<l' m r--: N" ~ q N. o ..... ~<<! N ..... to CD ~ ~I m ID ~ ~ U) ui N m ~ ui N" l!! U <I; <: .... .Q ~ ti <: Ql ,Q <e- ai 0. :; f./) 0. ({'J &. ~ 6 :;: '" 0'0 U 0 E "ffi ~ gj => 0 (.) J: n:ll :1! <( jl '" '<l' <0 M N ~ ~ ~N ~I o <0 N V N N co '" N '" ~N N N N co 0 o '" ~N m o N "" CD '" '<l' m N "" o N co 0 N (T)' m N; ~ :i 8. ~ :i 5 8. u <: Ql .Q "0' m li:.s f./) 0. ({'J 0 <1;0. c.. 0 :;: '" c.:!;! C,) 0 't: ~ ~ gj ::J 0 U J: <: ,Q 0; :; 0. o c.. 6 '" '0 o .s:: Ql '" ::I o :r: N CD N "" N ... ... ]! ~ ...... ]j ~ ~ ~ ~ .: t2. e ~ <I; '0 tlI ..: ~ N o ~ N g '0 (IJ tll l:! III .1: U) '<I" <0 N (T) ~ "'t o!S M II) Q) :is III I;- .5 'ti CD Q. .le 0 1I)"i >.> - CD ~C e:( ~ .... U ~< Q.... .58- CD c 0)0 c:;::: III III .c -' u ~ ... c.. Q) 0 l:J:l. - 'lJ '0 C III III o ~ 0::: II) Q):E Ll) ._ 0 Q)::iii:.c :c I Q) III 0 II) I-.....~ c 0 .- :I: 'O,.,s Q) C .!::! Q) = E :J,Q' ~ c. .s E Q)W E.... I! 0 III II) ll. C .... 0 C= Q) f! E.... Q.,C o ~ Q) C ~8 c CD .... III 0) e ... ~ en CD .c .... CI:I C 'iij :J III c: ~ m ~ III III .c o ~ ,.... N r-: , .s: 0 ~ .0 ai :; <C .... 0. III "C '0 .c III '" ::I o J: - o .... III .c E ::I Z (II r:n <: m .s:: ~ (IJ ~ '0 m o a:: ~ ~ e ~ '0 (IJ ~'E Q.(IJ e E 0.>. .2!% -E '0 Ql III 2l ~!i:: 'ij] 0 Ui-g m m €1ii g~ '0'0 <: (II mo; ti ~ (II U ~ >. €~ g <: (IJ Ql .s:::5 -.... <: 0 0", ~:; N.Q - Ql ,.....s:: ,....- N ~ Ul ::I ~o. I- 5 C) .22 .5 ~ m ]iQ.)~~~Lri B~~ffif-:~~ .!!!Ql.s::'t:I."a::C\1 %:5;:'m~~ m ~E~~~:;:~ ~g~2m~~ >.-g[5~"";' ~ClaO.J;;;;"D..c ~ffi~~;:ffi~ Q) 13 IV..Q;! .c (u .Q. 5S~.g~-g~ ~ .~ ~ ~ ,g ::J ~ ~ III ro ... (IJ <: 't:: I-:EQl~g$ttl 1lc:~8,g.!:g 8.~~~~2o e-g;~~-g2 Q.m.l!l't:l"'!:&'5 G)'"OtJmC'D "U :5 ~ '[ & :g ~ : .s. 0:: a.. L.. :g c: ..c "E ~ .~ ~ (Q f! :;;; ~~~:5ij~'j =cu:~o~5'E : 0 :E ~ .S ~ ~ >- - C3 a. 13 .9 ~ ~ s ~ ~ ~~ffi~ffi~ffi of~ ~~~....~ r-.. ~ c.. r- ~. '5 :a N._..;...... c L.. NmwO:>.ot'tJ j:::5B5~'E[g L..ro~t:.s8..m ~1:.g8."EU)~ :gQlcnQlIllO~ oEf./)..c:EE't:I ""Q.<I;I-Q.E.l!l ~.2[L ...Q(lJU 'f! ~ ~ ~ ~ 11l .~ [L~u~~::ta <: .5: m 11.1 :::i:: t:: U c: '{ij [ J:~ID~ c.......r::.- -0 "'C - m 1ll~.8g' .! III .5: O! .8~-g-5 "i ~~€ l;j ro O'ffi -c .e--e <: III 8 .. cti -g ~ u r! ~ ',:: ~ N:::~E (/J 0 m'U ~E:::>:; E-:i;Eo 't:ID<I;~ ~~ui~ O::'t:I~1il ~~N~qj :;:~m~~ ~ ~~.:t r ~~5~~ (0;;1...... -...... Q) "'C ~m ~ g>t::U)5m ~ :~'g~ ~~~~~ c'+=--oq-......m '-'i'-coE ffi.gfij~g. b 'C {g E .~ E-go g.~ a)e-a5Q)i+- [~U)a;o ..Qa:: 5'0 5 Q).;n...E:::Q)-';:::' ~=~~.~ '"OU-t".lUliQ. ~ffi5~5 :5 -g ~ .5 ~ ~~~m~ "'" III CI I'll a.. .... <:> <"l en , <:> N o v"': '<l' N 1t> .0 <:! E E >>,.J o <: c.. .. E E ~~ ! "'C Co ~ <) ttl E ~ ~ ~ W ..... III .. ~ ~ ~ S c 1; a:: 0 .8 E -;; ~ :; c.. g- E 0. W E "E E .. >> e 0 i)'c.. c..E E ~ W 1; ~ ~ UI Gi .a ii .!: t!) <:> N N <:> ,,; .... E .. E >> o Q. E W ;; '0 I- MAYOR Robcrt D. Corric .', A~ ( olfe;;dl~t~ \. " IDAHO ~ ,), f ,s.~ ,,? 0.,\ ~ '~'SIHCE ; 1903 LEGAL DEPARTMENT (208) 288.2499 . Fa,~ 288.2501 PARKS & RECREATION (208 888.3579 . Fax 898-5501 PUBLIC WORKS (208) 898.5500 .Fax 887-1297 BUILDING DEPARTMENT (208) 887.2211 . Fax 887.1297 PLANNING AND ZONING (208) 884-5533 . Fax 888.6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M, Nary Chcrie McCandless Keith Bird REVISED 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 Wednesday, November 6,2002 at 5:30 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: - Discussion concerning Waltman Lane / Meridian Road / Central Drive / Main Street Intersection Design - Review of Amended Floodplain Ordinance - Update on Ten Mile Interchange - Discussion on update of Parks Partnerships - Discussion of MUBS The public is welcome to attend. DATED this 1 st day of November, 2002. J/A~ WILLIAM G. BERG, J - - 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. [ 193 ( ** TX CONFIRMA1,uN REPORT ** (. AS OF NOV 08 '02 12:02 PAGE. 01 CITY OF MERIDIAN -----------------~-------------------------------------------------------------------------- 01 02 DATE TIME TO/FROM 11/08 11:53 208 BBB 1983 11/08 11:59 3810160 CMDI:l STATUS 122 OK 122 OK MODE G3--S EC--S MIN/SEC PGS 02'03" 005 02'34" 005 CITY OF MERIDIAN ~ PRE-COUNCIL MEETING AGENDA Wednesday, November 6, 2002 at 5:30 p.m. City Council Chambers 1. RolI~call Attendance: ----L Tammy de Weard 0 Bill Nary a,Mk.ed e 5"-'11 flh' . ---p..- Cherie McCandless =x= Keith Bird .....L Mayor Robert Corrie 2. Adoption of the Agenda: affYtJ V.A:..- 3. Discussion concerning WaJtman Lane I Meridian Road I Central Drive I Main Street Intersection Design: do 1t4t- &-ea.? f"'O;Lc.c 4. Review of Amended Floodplain Ordinance: W -An- ,a/A... S. Update on Ten Mile Interchange: ap .G:t.;fe_ 6. Discussion on update of Parks Partnerships: ~t.la..{-I!.- 7. Discussion of MUBS: ,., M ~2 /1-/2-&z., Mcridim CilY C<lllllcil Ag.:nda - Novombc:r 6. 2002 P"30 ] of 1 All malo:riab preMl1\.ed u ""bli,,_diogs sh:Jll beoom" propa1y <lfthe City ofMcridion. Anyone &,;ring =mmodAtioo. for disabililie~ rdared to documem ""dlO'I" he.vin1P pltlllJC conlllt't Iko City Cl<rlr,'. Office .n8ll8-4433 lit 1""", 48 houn prior 10 1hi!l public mtc1ing. ( ** TX CONF I RMAT!o.JN REPORT ** { AS OF NOU 07 'Q~~9:28 PAGE. 101 CITY OF MERIDIAN DATE TIME TO/FROM 23 11/07 109:27 21088886854 MODE MIN/SEC PGS CMD~ STATUS EC--S 101' 29" 10105 1104 OK ----~~--------------------------------------~-----~----------------------------------------- CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA ~ Wednesday, November 6, 2002 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: L Tammy de Weerd 0 Bill Nary ~VV1/ve.:t: e 5"':--1/ PIr -p-- Cherie McCandless =x= Keith Bird - ~ Mayor Robert Corrie 2. Adoption of the Agenda: af7h'"G v..c- 3. Discussion concerning Waltman Lane I Meridian Road / Central Drive I Main Street Intersection Design: do 11~t: ~a-p- ;n-o,j1vc 4. Review of Amended Floodplain Ordinance: W -An- piA- 5. Update on Ten Mile Interchange: VII' 4*- 6. Discussion on update of Parks Partnerships: ~ptia, I-~ 7. Discussion of MUBS: ~6& ~2 //-/2-&2,- Mcrid~ city Council Agtnda - NOYemb... 6, 2(102 Pugc I ofl All maloriol. prc.....tcd ot public meeticga .hall become propqty of the City ofMericli:m. Anyone dcsiriDg occornmolhtion for diil8bilitlo$ NIa1~ to ~1S ondlor hearings plclISe _tlthc CiIY Cl.,,-k', Office a1888--4433 allau:t 48' hOUB prlorlOIhe public meeting. ** TX CO~ AS OF .. (: NO\) 07 ' 02 08\ PAGE. 01 !ATION REPORT ** CITX OF MERIDIAN 02 03 e4 e5 06 137 e8 e9 10 11 12 13 14 15 16 17 18 19 20 21 DATE TIME TO/FROM MODE MIN/SEC PGS 11/0707'47 PUBl.IC WORKS UF--S 00'11" 001 11/0707'498841159 EC--S 00'21" 001 11/0707:502088840744 EC--S ea'20" 001 11/a7 07:51 2088467366 EC--S ea'21" 001 11/a7 137:52 208 898 55131 EC--S ea'20" e01 11/137 137'53 LIBRARY EC--S 00'22" e01 11/137 e7'S4 92083776449 EC--S ea'2e" 1301 11/a7 e7'54 208 388 6924 EC--S ee'22" eel 11/07 137'55 21388886854 EC--S 1313'20" eel 1l/l;l7 07'56 895e3ge EC--S 131;3'20" 0el 11/07 07: 57 l.aure I EC--S 013' 21" 001 11/07 07:58 208 387 6393 EC--S 00'21" 0el 11/07 e7:59 ADA CTY DEVELMT G3--S €Ie' 39" 0el 11/e7 e8:00 CHERRY LANE EC--S 00'22" 001 11/e7 e8'el POST OFFICE EC--S 00'28" eel 11/07 138' 02 208 888 1983 G3--S 00' 27" 001 11/l;l7 08' 03 !D PRESS TRIBUNE EC--S 00'21" 1301 11/0708'04 20888867130 EC--S 130'19" 1301 11/13708'133810160 EC--S 130'28" 001 111'0708:19 LEGAL DEPARTMENT ----S ee'00" 000 THIS DOCUMENT IS STILL IN MEMORY CMDIl 101 101 1131 101 lel lel 1131 Wl 101 101 1131 1131 1131 1131 101 101 101 101 101 101 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK BUSY ~--------------------------------------------------------------------~---------------------- CITY OF MERIDIAN PRE.COUNCIL MEETING AGENDA Wednesday, November G, 2002 at 5:30 p.m. City Council Chambers ~ 1. Roll-call Attendance; ~ Tammy de Weerd 0 Bill Nary evt'l;V'e:~ e t::fl P/1V -A- Cherie McCandless =x= Keith Bird ..1L- Mayor Robert Corrie 2. Adoption of the Agenda: ~ v~ 3. Discussion concerning Waltman Lane I Meridian Road I Central Drive I Main Street Intersection DesIgn: do hid: deea.;t ~;;<:-{;- 4. Review of Amended Floodplain Ordinance: W.ffr piA- 5. Update on Ten Mile Interchange; lAp tIA.--k. 6. Discussion on update of Parks Partnerships: opLa..f.e... 7. Discussion of MUSS: ft 6& ~2 /1-/2.-1lZ-- Mr:ri.d.im City COUflcil ~- N.o'vetXlber6. 2-002. hSD I I'lf1 AU maKi3;~S; prf::SCQl;)d.:a [lUbJiC'm.totifl~ i;hliIlI bccamo; pc-opcrty .of the City oIMtridian. Anyone dtiiri.ng ~O'1:II:lXIdritian for dis:Lbilitits reb.ud toO documonu ~dlar hr;uin~ p)"ASi) ~a.1he ell}' crcrlc~=- Offic:.c at 818-4433.t I!:'aJt 48' hours" prior to the' publi..: mI:r:1.in,t ** MEMORY MRNRGEMENT REPORT ** SYSTEM STRTUS RVRILRBLE MEMORY 93% 0002 PRGES IN SEND MEMORY 0000 PRGES IN RECEIVE MEMORY 0000 PRGES IN MAILBOX PENDING TRRNSACTION COMMRND it 234 TELEPHONE NR it03 LEGRL DEPARTMENT a4664405 AS OF NOV 04 '02 16:26 PAGE. 01 CITY OF MERIDIAN SND MODE RCV TIME CODE RLY MRILit itPGS * NORM 16: 30 001 ------------------------~-------------------------------------------------~----------------- COMMRND it 235 TELEPHONE NR it03 LEGRL DEPARTMENT a4664405 SND MODE RCV TIME CODE RLY MAILit itPGS * NORM 16: 31 001 --------------~------------------------~~--------------------------------------------------- ** MEMORY MANAGEMENT REPORT ** AS OF NOV 04 '02 16:23 PAGE. 01 CITY OF MERIDIAN SYSTEM STATUS AVAILABLE MEMORY 93% 0002 PAGES IN SEND MEMORY 0000 PAGES IN RECEIVE MEMORY 0000 PAGES IN MAILBOX PENDING TRANSACTION COMMAND ~ 234 [INCOMPLETE] TELEPHONE NR SND MODE RCV TIME CODE RLY MAIL~ ~PGS ~03 LEGAL DEPARTMENT * NORM 001 &4664405 -------------------------------------~--~----------------------~------------~--------------- COMMAND ~ 235 [INCOMPLETE] TELEPHONE NR SND MODE RCV TIME CODE RLY MAIL~ ~PGS ~03 LEGAL DEPARTMENT * NORM 001 &4664405 ---------------------------------~-----------------------~-~-------------------------~-~---- "'* TX CONFIRMA,.JN REPORT ** I AS OF NOU 04 '0~ 14:07 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 08 11/04 14:07 LEGr:lL DEPARTMENT ----S 00'00" 000 234 BUSY THIS DOCUMENT IS STILL IN MEMORY -------------------------------------------------------------------------------~------------ MAYOR Raben D. Corrie ''""f . cU:ri'dl;;; \ ~DAHO I~ ?r. / ,... ", ~;~Cf l ~ lljn:r 1.I'..oAI. DI'!PARTMENT (2fl~) 2R~.2499 . F.~ 2llS.2'iOI PARKS ~ ReCREATION (208 1l$8.,579 . Fa" l>98.SS()\ I'UFIt,IC WORKS (21J8) R9S-SS00 '1'." S87.1297 aUII..DJNC J)(;PARTMUNT (208) 887-2211 . Fax 887..1291 l'LANNING AND ZONING (201l) ~84.SSl3 . l'~~ l\\;R.(;1!S4 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keilh Bird ...- REVISED 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 Wednesday, November 6,2002 at 5:30 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: - Discussion concerning Waltman Lane I Meridian Road / Central Drive / Main Street Intersection Design - Review of Amended Floodplain Ordinance - Update on Ten Mile Interchange - Discussion on update of Parks Partnerships - Discussion of MUSS The public is welcome to attend. DATED tnis 1st day of November, 2002. J/~ WILLIAM G. BERG, J 33 EAST IDAHO. MERIDIAN. IDAHO 83642 (2GB) 888.4433' Fax (Z08) 887.4813 . Clly Clerk Office Fax (208) 888-4218 . Hum~n Resources FM (208) 288-1193 ( ** TX CONFIRMA'!,t.lN REPORT ** \ AS OF NOV 04 '0<:: 14:09 PAGE. 01 CITY OF MERIDIAN DATE T II1E TO/FROM MODE M I N/SEC PGS CMNl STATUS 09 11/04 14: 09 LEGAL DEPARTMENT ----S 00' 00" 000 235 BUSY THIS DOCUMENT IS STILL IN MEMORY ----------------------------------~--------------------------------------------------------- CITY OF MERIDIAN PRE~COUNC)L MEETING AGENDA ~ Wednesday, November 6, 2002 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Discussion concerning Waltman Lane I Meridian Road I Central Drive I Main Street Intersection Design; 4. Review of Amended Floodplain Ordinance: 5. Update on Ten Mile Interchange: 6. Discussion on update of Parks Partnerships: 7. Discussion of MUSS: Moridi.,. City Cc""oil Agenda - Novomber 6, 2002 Psgo 1 of 1 .oJlmalorials prcsorllcd nl publiC =ti.ngs sllo.ll become property oflh. City ot"Meridb/l. AJl~'One dC!l.ri/lg a<:ummodll1ion for diubiUtics rdatc<llo dOl:WI1mls agJj{orhe:uiogs pJe..,;e eonw.11ho Cily CJeJk'~ Offioe ~t 888-4433 ~ lea.n48 MW'S prior to tho f'Uhllo modinz- ** MEMORY MANAGEMENT REPORT ** AS OF NOV 04 '02 14:44 PAGE.01 CITY OF MERIDIAN SYSTEM STATUS AVAILABLE MEMORY 93% 0002 PAGES IN SEND MEMORY 0000 PAGES IN RECEIVE MEMORY 0000 PAGES IN MAILBOX PENDING TRANSACTION COMMAND ~ 234 [INCOMPLETE] TELEPHONE NR SND MODE RCV TIME CODE RLY MAIL~ ~PGS ~03 LEGAL DEPARTMENT * NORM 001 &4554405 --------------~--------~---~------------------------~--~-----------------------~------------ COMMAND ~ 235 [INCOMPLETE] TELEPHONE NR SND MODE RCV TIME CODE RLY MAIL~ ~PGS ~03 LEGAL DEPARTMENT * NORM 001 &4564405 ----------------------~--------------~-----------------------~------------~----------------- ** TX coL ( ~TION REPORT ** AS OF NOll 01 '02 l' PAGE. 131 "-, CITY OF MERID1~ DATE TIME TO/FROM MODE MIWSEC PGS CMD~ STATUS 13 11/01 12:21 38113160 EC--S 1313'34" 0131 214 OK 14 11/01 12:22 PUBLIC WORKS UF--S 00'14" 13131 214 OK 15 11/01 12:22 8841159 EC--S 00'25" 1301 214 OK 16 11/01 12:24 21388840744 EC--S 130'24" 1301 214 OK 17 11/01 12:26 2138 898 5501 EC--S 130'23" 0131 214 OK 18 11/131 12:27 LIBRARY EC--S 013'28" 13131 214 OK 19 11/131 12:28 92083776449 EC--S 013'23" 0131 214 OK 20 11/01 12:28 2138 388 6924 EC--S 0a'28" 13131 214 OK 21 11/01 12'30 21388886854 EC--S 1313'23" 1301 214 OK 22 11/01 12'31 21383757154 EC--S 1313'23" 001 214 OK 23 11/01 12'31 895133913 EC--S 00' 23" 0131 214 OK 24 11/131 12'33 laurel EC--S 00'25" 0131 214 OK 25 11/01 12'33 2138 387 6393 EC--S 1613'23" 1301 214 OK 26 11/131 12:34 ADA CTY DEVELMT G3-S 130'413" 001 214 OK 27 11/131 12:36 CHERIE MCC~DLES EC--5 1313'28" 0131 214 OK 28 11/01 12:37 CHERRY L~E EC--S 1313'28" 13131 214 OK 29 11/01 12:39 POST OFFICE EC--5 1313'34" 1301 214 OK 30 11/01 12:39 2138 888 1983 (;3--5 1313'313" 1301 214 OK 31 11/131 12:413 2138 467 9562 EC-5 130'27" 0131 214 OK 32 11/131 12:41 208 SB8 671313 EC--S 1313'22" 001 214 OK ---------------------------------~--------------------------------------~------------------- CITY COUNCIL MEM~ERS T3lI1my dcW...d. WiWOJT\ L.. M. Nol)' Chelie McC:mdl... KeiLh ~i,d oW;;;;dl;n ID^HO "oc.. - J;hlJ/fLt$ .I MAYOR Rob<n D. Conic 'P LeI1Se. 1> ~+ :;Gr ?v.-hJ,i ~ ,.. ~., . n LE(jAL DEPARTMENT (20~) 2S&.1'09. f:u 28B-2S01 PARKS 8< RECREATION (10~ S8N~10 . F>x 808.5501 PUBUC WORKS (108) 808-5500 of,,,, 887.1207 BUILDING DEPARTMENT (208) 887.~11 . p" S87-12~7 PLANNING AND ~ONING (~8) S~5~>3 . p" S8S-GSS4 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 Wednesday, November 6,2002 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: - Review of Amended Floodplain Ordinance - Update on Ten Mile Interchange - Discussion of MUBS - Discussion on update of Parks Partnerships The public is welcome to attend. DATED this 1~\~~.vlllilt~,?vember, 2002. ", F M~'" .1'1 Ji ,,\' -' 0 '-S""{II' '11, . "":\"' .c..{I4"'r ... $~c} .o?poR4;>: '-}':--;~ ~~~~r~' .:: ~v e ~ /" 0 \ WILLIAM G. BERG, JR. - CLERK t Tc. & ff -; -Q .~ 0 - -; 70 &S1',,,,. ,,-:2 "\,( 0..' -. . ~,; . .,:~~, ," 33 EAST IDAHO. MERIDIAN. IDAHO 8364~ (10Sl8&8-4433' p"" (208) &87.4&]3 . City C'e'k Office fox (208)888.4218 . Hum.n Re,"ure," p" (20$) 288-1193 ** TX CONFIRMA1.uN REPORT ** AS OF NOV 01 'b~ 12:45 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 03 11/01 12:45 2088467366 MODE MIN/SEC PGS CMD~ STATUS EC--S 00'24" 001 214 OK -------------------------------~------------------------------------------------------------ MAYOR Robcn D. Corrie 'P !laSe ? cB-t :fW ?I;l~' Ct A, ~.. O~C/;;dl~n~- '\j ~~,! . nOI . &-- - '[htvt7j:.S / CITY COUNCIL MEMBERS Tammy dcWeerd William L M. Nary Cherie McCandless KeiLh Bird LEGAL DEPA RTMENT (208) 288--2499' Pax 288-2501 PARKS &. RECREATION (208888-3579' F~~ 898.550L PUBUC; WOR.KS (208) 8Q8-55UO .F~x 887.1297 BU1WfNG DEPARTMENT (208) 887.2211 . F~x 887-12\17 PLANNING AND ZONING (208l SS4-553 ~ . Fox 888-6854 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 Halt, 33 East Idaho, Meridian, Idaho, on WednesdaYJ November 6. 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: - Review of Amended Floodplain Ordinance - Update on Ten Mile Interchange - Discussion of MUSS - Discussion on update of Parks Parlnerships The public is welcome to attend. ~ ~ , 33 EAST IDAHO. MERIDIAN. IDAHO 83642 (208) 888-4433 . FJX (208) 887-4813 . City Clerk Offic~ Fax (20S) 888-4218 . Human Rcs(lurc~s F~" (208) 288-1193 PLeo.L_ ?~+ "j;y ?l;th~'aJ1D1!-~-( ::hfMlt2! If '_. MAYOR Robert D. Corrie .'''1~::f:l:' . 1(,. '-J "~C" ~ CITY OF I!!~1~,"._". '<'''- "- erldltrn-- i;; '<\ I IDAHO iY A ,y y~ /- .v 'I q,.C' m903 LEGAL DEPARTMENT (208) 288.2499 . Fax 288.250 I PARKS & RECREATION (208888.3579. Fax 898.5501 PUBLIC WORKS (208) 898-5500 . Fax 887-1297 BUILDING DEPARTMENT (208) 887.2211 . Fax 887.1297 PLANNING AND ZONING (208) 884.5533 . Fax 888.6854 CITY COUNCIL MEMBERS Tammy de Weerd 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 Wednesday, November 6,2002 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: - Review of Amended Floodplain Ordinance - Update on Ten Mile Interchange - Discussion of MUBS - Discussion on update of Parks Partnerships The public is welcome to attend. DATED this 1 st dav Jof November, 2002. \\\\\Kl Tltltilf. ",\\~ Of Mf:::.R/;!.."'I/, ~ ~ ~ " ~"' v/.4 // ... ;::" r:} f\PO/:). '1- -s. "".- / / ... L "#' ' ~ cP ''''fh ~ ~ /c:r-- (' , ~ '<:> - f" % WILLIAM G. BERG, JR. - CfTY CLERK - -. ...:..--:~ c ~ ....~ , 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. J 193 ** COMMUNICATIONS REPORT ** AS OF NOV 01 '02 12:41 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES TOTAL TIME SEND 0044 SEND 00017'20" RECEIVE 0000 RECEIVE 00000'00" DATE TIME TO/FROM MODE MIN/SEC PGS CMDtt STATUS 01 11/01 09:10 PUBLIC WORKS UF--S 00' 13" 001 208 OK 02 11/01 09:11 8841159 EC--S 00'24" 001 208 OK 03 11/01 09:12 2088840744 EC--S 00'23" 001 208 OK 04 11/01 09:13 2088467366 EC--S 00'23" 001 208 OK 05 11/01 09:14 208 898 5501 EC--S 00'22" 001 208 OK 06 11/01 09:15 2088886854 EC--S 00'22" 001 208 01< 07 11/01 09:16 2083757154 EC--S 00'23" 001 208 01< 08 11/01 09:17 8950390 EC--S 00'23" 001 208 01< 09 11/01 09:18 CHERIE MCCRNDLES EC--S 00'30" 001 208 01< 10 11/01 09:19 Walter R Johnson EC--S 00'22" 001 208 OK 11 11/01 09:58 2083362100 EC--S 03'41" 013 210 OK 12 11/01 10:13 2083362100 EC--S 01'09" 001 212 01< 13 11/01 12:21 3810160 EC--S 00'34" 001 214 01< 14 11/01 12:22 PUBLIC WORKS UF--S 00'14" 001 214 OK 15 11/01 12:22 8841159 EC--S 00' 25" 001 214 OK 16 11/01 12:24 2088840744 EC--S 00'24" 001 214 OK 17 11/01 12:26 208 898 5501 EC--S 00'23" 001 214 OK 18 11/01 12:27 LIBRARY EC--S 00'28" 001 214 OK 19 11/01 12:28 92083776449 EC--S 00'23" 001 214 01< 20 11/01 12:28 208 388 6924 EC--S 00'28" 001 214 01< 21 11/01 12:30 2088886854 EC--S 00'23" 001 214 OK 22 11/01 12:31 2083757154 EC--S 00'23" 001 214 OK 23 11/01 12:31 8950390 EC--S 00'23" 001 214 OK 24 11/01 12:33 Laurel EC--S 00'25" 001 214 OK 25 11/01 12:33 208 387 6393 EC--S 00'23" 001 214 01< 26 11/01 12:34 ADA CTY DEVELMT G3--S 00'40" 001 214 01< 27 11/01 12:36 CHERIE MCCRNDLES EC--S 00'28" 001 214 OK 28 11/01 12:37 CHERRY LANE EC--S 00'28" 001 214 OK 29 11/01 12:38 POST OFFICE EC--S 00'34" 001 214 OK 30 11/01 12:39 208 888 1983 G3--S 00'30" 001 214 01< 31 11/01 12:40 208 467 9562 EC--S 00'27" 001 214 OK 32 11/01 12:41 208 888 6700 EC--S 00'22" 001 214 OK ?lta8~ - ~- . I ? 0<81 fUv J?uJ)-Lic.. fLoh CL - L,h()U'(U~'s . CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Wednesday, November 6, 2002 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Review of Amended Floodplain Ordinance: 4. Update on Ten Mile Interchange: 5. Discussion of MUSS: 6. Discussion on update of Parks Partnerships: Meridian City Council Agenda - November 6, 2002 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian.. Anyone desiring acconunodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CG 1ATJON REPORT ** AS OF NO!) 01 '132 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIWSEC PGS CMD~ STATUS 01 11/01 12'43 PUBLIC WORKS UF--S 013'11" 001 215 OK 02 11/01 12'43 8841159 EC-S 013'21" 001 215 OK 04 11/01 12' 46 2088840744 EC--S 013'20" 0131 215 OK 135 11/01 12'47 2088467366 EC--S 1313'21" 0131 215 OK 06 11/01 12' 49 LIBRARY EC--S 013'20" 001 215 OK 07 11/01 12'49 92083776449 EC--S 013' 19" 001 215 OK 08 11/01 12'5e 208 388 6924 EC--S 00'18" 001 215 OK 09 11/01 12:51 2B88886854 EC--S 00'20" 13131 215 OK 10 11/01 12: 52 2083757154 EC--S 130' 19" 001 215 OK 11 11/01 12:53 8950390 EC--S 00'20" 001 215 OK 12 11/01 12:54 Laurel EC--S 013'20" 001 215 OK 13 11/01 12:55 208 387 6393 EC--S 00'21" 001 215 OK 14 11/01 12:55 ADA CTY DE!)ELMT G3--S 1313'38" 1301 215 OK 15 11/01 12:57 CHERIE MCCANDLES EC--S 00'22" 001 215 OK 16 11/01 12:58 CHERRY LANE EC--S B0'20" 0131 215 OK 17 11/01 12'59 POST OFFICE EC--S 00'25" BB1 215 OK 18 11/01 13'00 208 888 1983 G3--S 00'25" 001 215 OK 19 11/01 13:131 ID PRESS TRIBUNE EC-S 130'18" 0131 215 OK 20 11/01 13:131 208 888 57013 EC--S 00' 1S" 1301 215 OK 22 11/01 13:05 3810160 EC--S 00'24" 0131 215 OK 24 11/01 13'08 208 898 55131 EC--S 130'18" eel 215 OK -------------------------------------------------------------------------------------------- ?Le.0.8e- . --- I 17 D'}i fiW- 'PLLb-flc. fLoh te. - l-C-1.WfL/::$ . CITY OF MERIDIAN PRE.COUNCIL MEETING AGENDA Wednesday, November 6, 2002 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Waerd Cherie McCandless _ Mayor Robert Corrie 2. Adoption of the Agenda: Bill Nary Keith Bird 3. Review of Amended Floodplain Ordinance: 4. Update on Ten Mile Interchange; 5. Discussion of MUSS: 6. Discussion on update of Parks Partnerships: Merld,,,, Cilycoun"a A):<o<lo- Novomb<<6. 3002 1'0"" I of! AJt Iltllterit.h: pr-aa'll.cda:l,.JNb-lic ml;ctiop.sMJl bCt"I)'We property (IrLhc City afMqidiiOA An)'CrM M$Lrine .:J<<o~D<Wioo t<< diubilititi n::1n.ttd to.dQ.cl,l....'IenU andlQ'rhcwil3Cl5 pltioSC eoN.ll.d 1bc CilyCL::rk'lJOJEj~ II. 88:8-4433 Jlltu1. 48 t.oun pOOl."tolhe: public mf1il1til1s.