HomeMy WebLinkAbout2004-02-17
CITY OF MERIDIAN
PRE-COUNCil MEETING
AGENDA
Tuesday, February 17, 2004 at 5:30 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle 1. Bill Nary
Charlie Rountree )( Keith Bird
X Mayor Tammy de Weerd
Adoption of t_he Agenda: apro If"<-'
X
Xft
2.
3. Executive Session per Idaho State Code 67-2345(1)(c):
(*30 minutes) ~"V1e-
4. 2003 Follow-Up results to the Development Services Assessment of
2002 by Dawneen Blakeslee:
(*15 minutes) 1t4)/lv~
5. Update of Marketing Strategies for Downtown by The Hudson
Company: i077f2~.e.~
(*45 minutes) r ' .
* Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
MeridIan City Pre-Council Agenda - February 17, 2004 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
February 1 2, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
February 1 7, 2004
ITEM NO.
.:3
REQUEST Executive Session per Idaho State Code 67-2345(1 Hc}
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become properly of the City of Meridian.
February 12, 2004
MERIDIAN CI1Y COUNCil MEEfING
APPLICANT
REQUEST
Blakeslee
ITEM NO. L{
2003 Follow-Up results to the Development Services Assessment of 2002 by Downeen
February 17, 2004
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUilDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
S8TLERS IRRIGATION:
IDAHO POWER:
us WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
February 12, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
February 17, 2004
ITEM NO.
~
REQUEST Update of Marketing Strategies for Downtown by The Hudson Company
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DE?T:
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:
SffilERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Date:
Staff Initials:
M(lferlals presented at public meetings shall become properly of the CIty of Meridian.
Phone:
Contacted:
Emailed:
CITY OF MERIDIAN
PRE-COUNCil MEETING
AGENDA
Tuesday, February 17, 2004 at 5:30 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle Bill Nary
Charlie Rountree Keith Bird
_ Mayor Tammy de Weerd
2. Adoption of_the Agenda:
3. Executive Session per Idaho State Code 67-2345(1)(c):
(*30 minutes)
4. 2003 Follow-Up results to the Development Services Assessment of
2002 by Dawneen Blakeslee:
(*15 minutes)
5. Update of Marketing Strategies for Downtown by The Hudson
Company:
(*45 minutes)
* Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Pre-Council Agenda - February 17, 2004 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents andfor hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
~ltoLJ ~OSt ~ ~v6ll~ ~l hl0~ 1ht1v1t~ ~
CITY OF MERIDIAN
PRE~COUNCll MEETING
AGENDA
Tuesday, February 17,2004 at 5:30 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle Bill Nary
Charlie Rountree Keith Bird
_ Mayor Tammy de Weerd
2. Adoption of ~he Agenda:
3. Executive Session per Idaho State Code 67-2345(1)(c):
(*30 minutes)
4. 2003 Follow-Up results to the Development Services Assessment of
2002 by Dawneen Blakeslee:
(*15 minutes)
5. Update of Marketing Strategies for Downtown by The Hudson
Company:
(*45 minutes)
* Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Pre-Council Agenda - February 17, 2004 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
** TX CON~,,"4ATION REPORT ** FlS OF FEB 13 '04 17:43 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMDl:l STFlTUS
14 02/13 17:183810160 EC--S 00'51" 0132 115 OK
15 02/13 17:19 PUBLIC WORKS EC--S 00'34" 002 115 OK
17 02/13 17'23 8841159 EC--S 00'34" 082 115 OK
18 02/13 17:24 2068840744 EC--S 00'34" 002 115 OK
19 02/13 17:26 POLICE DEPT EC--S 00' 35" 002 115 OK
20 02/13 17:27 8985501 EC--S 00'33" 002 115 OK
21 02/13 17:28 LIBR~ EC--S 00'40" 002 115 OK
22 02/13 17:29 92083776449 EC--S 00'33" 01212 115 OK
23 02/13 17:30 208 388 6924 EC--S 00'40" 002 115 OK
24 02/13 17'31 2088886854 EC--S 00'34" 002 115 OK
25 02/13 17:33 ALL RMERICFlN INS EC--S 130' 34" 0132 115 OK
26 82/13 17:34 2138 895 0390 EC--S 00'33" 002 115 OK
27 02/13 17:35 128300040 G3--S 00'43" 002 115 OK
28 02/13 17:36 208 387 6393 EC--S 00'33" 002 115 OK
29 02/13 17:37 ADA CTY DEUELMT G3--S 01'09" 002 115 OK
38 82/13 17'39 88851352 EC--S 813'34" 882 115 OK
31 02/13 17:40 CHERRY LFlNE \33--5 01' 11" 002 115 OK
32 02/13 17:42 POST OFFICE EC--S 00'51" 13132 115 OK
------------------------------------------------------------------------------------------~-
~ lUW./ ~ ~St W ~ u \J I (.- N oti c.u~ ~I V1t1v'l ~s. 1.
CITY OF MERIDIAN
PRE.COUNCIL MEETING
AGENDA
Tuesday, February 17, 2004 at 5:30 p.m.
City Council Chambers
1. Roll-eall Attendance:
Shaun Wardle _ Bill Nary
= Charlie Rountree Keith Bird
_ Mayor Tammy de Weerd
2. Adoption of the Agenda:
3. Executive Session per Idaho State Code 87-2345(1){c):
(~30 minutes)
4. 2003 Follow-Up results to the Development Services Assessment of
2002 by Dawneen Blakeslee:
(-15 minutes)
5. Update of Marketing Strategies for DowntoW1l by The Hudson
Company:
(.45 minutes)
. ~pprox~mate allowable time set_for agenda item may change depending on
diSCUSSion. Please use the designated minutes as a guideline only.
MOOdi.n City "",-Council Ajlttn&.. - February 17,2004 Page I 011
All malnri.ls prot~.d at public meelil1g9 911011 b_me p<oparty a/the City or Mocidian.
Anyone delllflilg oceornltlOdaijon fordlsabtliliOG relaled to dOcumenl!; an<:Vor htl.ringa
plea"" COnlm the City CIGI1<'c OtroOO at 88ll-44a<lal I....t 48 no..... prior 10 lI1e p"Me menllng.
** TX CONFIRMATION REPORT **
AS OF FEE 13 '134 17:52 PAGE. 131
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MI N/SEC PGS CMD~ STATUS
01 132/13 17=43 IDAHO ATHLETIC C EC--S 1313'34" 1382 115 OK
02 02/13 17:45 887 0816 G3--S 131' 12" 1382 115 OK
133 132/13 17:46 ID PRESS TRIBUNE EC--S 00'34" 002 115 OK
134 132/13 17:48 2888886701 EC--S 80'33" 1382 115 OK
05 132/13 17:51 1213846644135 EC--S 1313'34" 1302 115 OK
-------------~---------------~--------------------------------------------------------------
~\1~~\0t W ~VbUL- ~OtiLe._F- ~/~t{v1t~ ~
CITY OF MERIDIAN
PRE.COUNCIL MEETING
AGENDA
Tuesday, February 17, 2004 at 5:30 p.m.
City Council Chambers
1. RolJ-calJ Attendance;
Shaun Wardle _ Bill Nary
Charlie Rountree _ Keith Bird
_ Mayor Tammy de Weerd
2. Adoption of the Agenda:
3. Executive Session per Idaho State Code 67-2345(1)(c):
("'30 minutes)
4. 20D3 Follow-Up results to the Development Services Assessment of
2002 by Dawneen Blakeslee:
("15 minutes)
5. Update of Marketing Strategies fOT Downtown by The Hudson
Company:
("45 minutes)
'" Approximate allowable time set for agenda item may change depending on
discussion. PJease use the designated minutes as a gUideline only.
MeridIan City Pfll-CoUncil Agenda - FObruary 17, 2004 Page 1 of 1
All matarials proterlletlllt public meellllQ~ shall become property of the ClIy of Meridian.
Anyone deslr1ng accommodation tor d19!1biJifioo relaled to documern.. andlor hllarings
pleaGe cO!l\ill:t \he city Clark's Office at 8BB-4433 alleest 48 hourG prior 10 the public meeting.
".-1".
I
:1:>1< TX CONFIRI'Il'lTION REPORT lI<>I<
AS OF FEB 13 '04 17:22 PAGE. 01
CITY OF MERIDIRN
DATE TIME TO/FROM MODE MIN/SEC PGS CMDh STRTUS
01 02/13 16:49 208 388 6924 EC--S 01'33" 004 112 OK
132 02/13 16:51 2088886854 EC--S 01'11" 004 112 OK
03 02/13 16:53 208 895 03913 EC--S 01' 12" 004 112 OK
04 02/13 16:55 128300040 G3--S 01'34" 004 112 OK
05 02/13 16: 57 208 387 6393 EC--S 131 ' 11" 1:104 112 OK
05 132/13 16:59 RDA CTY DEIJELMT G3--5 \32'10" 1304 112 OK
07 02/13 17:028885052 EC--5 131'12" 004 112 OK
08 1212/13 17:03 CHERRY LANE G3--S 02'24" 004 112 OK
219 132/13 17:06 POST OFFICE EC--S 02' 13" 0134 112 OK
10 02/13 17: 139 IDAHO J:lTHLETI C C EC--S 01' 12" 1304 112 OK
11 02/1317:118878816 63--5 02'24"804 112 OK
12 02/13 17:14 1D PRESS TRIBUNE EC--S 01'12" 804 112 OK
13 212/13 17: 16 2088886701 EC--S 01' 12" 1304 112 OK
16 132/13 17:21 ALL RMERICAN INS EC--S 01'12" 1304 112 OK
----------~-----------------------------------------~-----------------------------------
~LtoJ..u ~ost fo( ~J\o\~G JJo~ -1V1CiY1t~l.
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, February 17, 2004 at 7;00 p.m.
City Council Chambars
1, Roll-call Attendance;
Shaun Wardle _ Bill Nary
Charlie Rountree Keith Bird
_ Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Craig Flinn -- Pastor at Meridian Alliance
Church:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve minutes of January 13, 2004 Pre-Council Meeting:
B. Approve minutes of January 20, 2004 City Council Regular
Meeting:
C. Approve minutes of January 20, 2004 City Council Special
Meeting:
D. Findings of Fact and Conclusions of Law for Approval: PFP
03-005 Request for Preliminary I Final Plat approval of 2 bUilding
Jots on 52.84 acres in an l-L zone for Jabil Subdivision by Jabil
Circuit, Inc. - 1303 East Central Way:
E. Findings of Fact and Conclusions of Law for Approval: CUP
03-061 Request for a Conditional Use Permit for a dental office In
an L-a zone for Gaudrv Dental Office by Dr. Robert Gaudry -
southeast corner of Mjlfenium Way and Gala Street in Resolution
Business Park:
F. Findings of Fact and Conclusions of Law for Approval; PP 03-
040 Request for Preliminary Plat approval of 5 building Jots on 3.49
Mtndi"" Cil)'c"W>l:il Agenda - F.brlw'Y 11.2004 Pogo I of4
All m...<i,lsp,,,,onloo at pub". mooring' .]l,D b",."",propeny Ilflhe Cil)' ofMelidiun.
A.nyone dcs-irir.g iltcommodmlol1 fOf diS!J.biliries ~Sted to dot:Llluenl::;; and/or .ht:Jrin..gs.
pl~ .o.","tlll. ell)' Cje,l<'. Olli.. 0.8&8-4433 ..1....14B hours poio, [0 tbo public meeting.
** TX CONFIRMRTION REPORT ~~
AS OF FEB 13 '04 16:49 PAGE. 01
CITY OF MER\DIAN
TiME TO/FROM MODE MIN/SEC PI;>S CMD~ STATUS
DArE 02'104" 004 112 OK
02/13 16:32 3810160 EC--S
24 EC--S 01' 12" 004 112 OK
25 102/13 16:35 PUBLIC WORKS EC--S 01'13" 004 112 OK
26 02/13 16:36 12084664405 01' 12" 004 112 OK
02/13 16=388841159 EC--S
27 EC--S 61'12" 004 112 OK
28 02/13 16:40 2088846744 EC--S 01' 12" 004 112 OK
29 02/13 16:42 POLICE DEPT EC--S 01' 12" 004 112 OK
310 102/13 16:44 8985501 EC--S 01'34" 004 112 OK
31 132/13 16:45 LlBRARY EC--S 101 ' 11" 004 112 OK
32 021"13 16:47 IDFlHO STFlTESMFlN ------........-...-
----~---------------------- -----------------------------------------------------
~k.o-w ~03t fo( ~ JIo\~G No~ct- -1lr1uYlt~l.
CITY OF MERIDIAN
CITY COUNCil REGULAR MEETING
AGENDA
Tuesday, February 17, 2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
_ Shaun Wardle _ 8m Nary
_ Charlie Rountree _ Keith Bird
_ Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Craig Flinn -- Pastor at M&ridian Alliance
Church:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve minutes of January 13, 2004 Pre-Council Meeting:
B. Approve minutes of January 20, 2004 City Council Regular
Meeting:
C. Approve minutes of January 20, 2004 City Council Special
Meeting:
D. Findings of Fact and Conclusions of Law for Approval: PFP
03-005 Request for Preliminary I Final Plat approval of 2 building
lots on 52.84 acres in an l-L zone for Jabil Subdivision by Jabil
Circuit, Inc, - 1303 East Central Way:
E. Findings of Fact and Conclusions of Law for Approval: CUP
03-051 Request for a Conditional Use Permit for a dental office in
an L-O zone for Gaudrv Dental Office by Dr. Robert Gaud!)' -
southeast corner of Millenium Way and Gala Street in Resolution
Business Park:
F. Findings of Fact and Conclusions of Law for Approval: PP 03-
040 Request for Preliminary Plat approval of 5 building lots on 3.49
Mori~i"" Ci<yCooncil Agtnu. - Feb.ruury 17.2004 Page I of4
All mUlcri:lls p..,cmed at public 1l1.<<iogs sMIJ b""c"'~ propcny of , he City of M..idiun.
A.nYIlOc dcsiJing ..ocmmO<l.ticn fordi..biliries rcbred [0 document. ..dlor hcanngs
pll!1<SC conlO.' Ibe Ci<y CI",k'$ Olliet.1 g8S-443)., lc~l48 hours prior 10 Ille public ",,,,,ling.
MAYOR
Tammy de Weerd
.:.1,.,
':~~
~<<-~~.f( ':~
cU;;d/;nC~l(:
JO,\HO
LEGAL DEPARTMENT
(208) 466-9272 . FAX 466-4405
PARKS & RECREATION
(208) 888-3579 . Fax 898-550l
PUBLIC WORKS
(208) 898-5500' Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 . Fax 887-1297
PLANNING & ZONING
(208) 884-5533 . Fax 888-6854
CITY COUNCIL MEMBERS
Shaun Wardle
William L. M. Nary
Charles M. Rountree
Keith Bird
NOTICE OF PRE-COUNCIL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
. will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, February 17,2004 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:
Executive Session per Idaho State Code 67-2345(1)(c)
2003 Foflow-Up results to the Development SeNices Assessment of 2002 by
Dawneen Blakeslee
Update of Marketing Strategies for Downtown by The Hudson Company
DATED this 13th day of February, 2004.
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~ -
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The publiC is welcome to attend the meeting.
-
....
33 EAST IDAHO AVENUE 0 MERIDIAN, IDAHO 83642 . (208) 888-4433
City Clerk Office Fax (208) 888-42J8 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813
MAYOR
Tammy de Weerd
'I (T-I.;...
~ .Ii)
~;;dl~~~~ \
JDr\HO ~r
p
./y
qmcr
. 11903
LEGAL DEPARTMENT
(208) 466-9272 . FAX 466-4405
PARKS & RECREATION
(208) 888-3579 . Fax 898-550 J
PUBLIC WORKS
(208) 898-5500. Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211. Fax 887-1297
PLANNING & ZONING
(208) 884-5533 . Fax 888-6854
CITY COUNCIL MEMBERS
Shaun Wardle
William L. M. Nary
Charles M. Rountree
Keith Bird
NOTICE OF SPECIAL MEETING I WORKSHOP
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Special Workshop at Meridian Police Department, 1401 East
Watertower, Meridian, Idaho, on Wednesday, February 18th, 2004 at 8:30 a.m.
The Meridian City Council will be discussing and reviewing the for the strategic
plan as well as the missions, visions, goals, objectives, issues and
actions for the City of Meridian.
The public is welcome to attend.
JJ~-:4
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DATED this 16th day of February, 2004.
Meridian City Council Special Meeting I Workshop - February 18, 2004
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and I or hearing, please
contact the City Clerk's Office at 888~4433 at least 48 hours prior to the public meeting.
33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 · (208) 888-4433
City Clerk Oftice Fax (208) 888-42]8 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813
REVISED 2~14~04
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, February 17, 2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
-L Shaun Wardle X Bill Nary
-X- Charlie Rountree 'f Keith Bird
~ Mayor Tammy de Weerd
2.
Pledge of Allegiance:
-INiP? /57
3. Community Invocation by Craig Flinn -- Pastor at Meridian Alliance
Church: ~~<.-d--
4. Adoption of the Agenda: aff-n?v<-
5. Consent Agenda: ~ v-.-J
A. Approve minutes of January 13, 2004 Pre-Council Meeting: ap~v,-<-
B. Approve minutes of January 20, 2004 City Council Regular
Meeting: ~,.;-r.~~
C. Approve minutes of January 20, 2004 City Council Special
Meeting: tVf'pH"'tll/IZ-
D. Findings of Fact and Conclusions of Law for Approval: PFP
03-005 Request for Preliminary / Final Plat appn;JVal of 2 building
lots on 52.84 acres in an I-L zone for Jabil Subdivision by Jabil
Circuit, Inc. - 1303 East Central Way: t>~1I'-<--
E. Findings of Fact and Conclusions of Law for Approval: CUP
03-061 Request for a Conditional Use Permit for a dental office in
an L-O zone for Gaudrv Dental Office by Dr. Robert Gaudry -
southeast corner of Millenium Way and Gala Street in Resolution
Business Park: a--(Vl f'tP1f<.-
F. Findings of Fact and Conclusions of Law for Approval: PP 03-
040 Request for Preliminary Plat approval of 5 building lots on 3.49
Meridian City Councit Agenda - February 17, 2004 Page I of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at &&&.4433 at least 4& hours prior to the public meeting.
REVISED 2-14-04
acres in an L-O zone for Financial Plaza Subdivision by Idaho
Central Credit Union - 2225 East Overland Road: ~~l/'V-.-
G. Findings of Fact and Conclusions of Law for Approval: AZ 03-
034 Request for Annexation and Zoning of 11.31 acres from RUT
to R-8 and L-O zones for proposed Razzberrv CrossinQ by Carl
and Bonnie Reiterman - south of East McMillan Road and west of
North Locust Grove Road: tiJ~1^L.-
H. Findings of Fact and Conclusions of Law for Approval: PP 03-
039 Request for Preliminary Plat approval of 34 residential building
lots, 4 professional office lots and 6 common lots on 11.31 acres in
proposed R-8 and L-O zones for proposed Razzberrv CrossinQ by
Carl and Bonnie Reiterman - south of East McMillan Road and
west of North Locust Grove Road: ~VU-
I. Findings of Fact and Conclusions of Law for Approval: CUP
03-062 Request for a Conditional Use Permit for a Planned
Development containing a mix of residential and professional office
uses in proposed R-8 and L-O zones for proposed Razzberrv
CrossinQ by Carl and Bonnie Reiterman - south of East McMillan
Road and west of North Locust Grove Road: ~fH"7~
J. Request for Approval of letter to Michael Le/US EPA re:
Pretreatment Program ~ apiP'rv~,,-<-
K. Sewer Main Easement for Parkway Subdivision: arr~
L. Union Pacific Railroad Pipeline Crossing Aqreement - Black
Cat: ~')prov""<-
M. Well #26 Production Well- Contract with Hydrolic: H.ffT"V~~
N. Geographic Information Systems (GIS) HardwareJ SoftwareJ
and Installation Services Contract with HDR: ~~v""""
o. Sr. Citizen ICDBG Professional Service Contract with SAGE: P'.J"rv....e-
P Resolution No. &4- - 4-2--( : Fair Housing: &ff"Y"'v--e---
Q. Resolution No. &4 - 4--Z-z.-- : Anti-Displacement and
Relocation Assistance Plan: ?;O..,.....,YII--
R. Resolution No. CJ4- ~ 4-'2-3 Citizen Participation
Plan: 471H')W'<"
Meridian City Council Agenda - February 17,2004 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
REVISED 2-14-04
s.
Resolution No. [14-- - -tz 1-
the Basis of Disability:' arrrpv.e,
Resolution No. &4- -1-27" Grievance Procedure: Wfi7Dv-e-
Resolution No. tJL/-- -1-2 b Amendment to the
Collective Labor Agreement, between the City of Meridian and
Local #2311 International Association of Fire Fighters: ~~ y-.e..-
Non-Discrimination on
T.
u.
6. Department Reports:
7.
8.
9.
10.
11.
12.
A.
Mayor's Office
1. Appointment of P&Z Commissioner: ,!JJell.dy Iletvfo'L---lIucka. buy
at /7YI7v-.e. ctl' /?tll h ~f".,to 2~1 0
Parks and Recreation Depaiiment - Doug Strong
B.
/47.
Agreement with Meridian Youth Baseball:
- .f;hd- an:w:-t ph.. Ae 'tC -t- t-ve ek.- t? j e /l..ct.tJ../
(Items Moved from Consent Agenda)
Tabled from February 10, 2004: FP 04-001 Request for Final Plat
approval of 31 single-family residential building lots and 4 common lots on
5.2 acres in an R-8 zone for Hiahaate Subdivision No.1 by Harris
Homes, LLC - 2700 North Meridian Road: ~V~
Tabled from February 10, 2004: FP 04-002 Request for Final Plat
approval of 45 single-family residential building lots and 4 common lots on
10.49 acres in an R-8 zone for Hiahaate Subdivision No.2 by Harris
Homes, LLC - 2700 North Meridian Road: ~p v<..-
FP 04-008 Request for Final Plat approval of 56 single-family residential
building lots and 2 common lots on 17.8 acres in an R-4 PO zone for
Lochsa Falls Subdivision No.9 by Lochsa Falls, LLC - west of North
Linder Road and south of West Chinden Road: -!aUt:. {..<; 2--.2J!-&{--
FP 04-007 Request for Final Plat approval of 26 single-family residential
building lots and 1 common lot on 11.96 acres in an R-4 PO zone for
Lochsa Falls Subdivision No. 10 by Lochsa Falls, LLC - west of North
Linder Road and south of West Chinden Road: ~~ Iv 2- -2+-04-
FP 04-006 Request for Final Plat approval of 52 single-family residential
building lots and 6 common lots on 16.94 acres in an R-8 zone for
Sundance Place Subdivision No.1 by Sundance Limited Company, LLC
- north of East Ustick Road and east of North Meridian Road: ~~
Meridian City Council Agenda - February 17, 2004 Page 3 of 4
AU materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours priono the public meeting.
13.
14.
15.
16.
17. .
18.
19.
20.
REVISED 2-14-04
FP 04-009 Request for Final Plat approval of 85 single-family residential
building lots and 8 common lots on 23.15 acres in an R-8 zone for
Castlebrook Subdivision No.3 by Liberty Development, Inc. - 4000
West Pine Avenue: a;o(>Y"t7V~
Public Hearing: RZ 03-012 Request for a Rezone of .85 acre from R-15
to 0- T for proposed Strickland Subdivision by Roy Strickland - 1225
Main Street: A--r:--/?rr^<-.:J-b p.e/WU!.. ./I/' d/ ct.e /irr~~v~
Public Hearing: PFP 03-006 Request for Preliminary Final Plat approval
of 2 building lots on .85 acre in a proposed 0- T zone for proposed
Strickland Subdivision by Roy Strickland - 1225 Main Street:
~t'~::J to prefJ~ if?-/' l' (! /..e .(irr /i.f' fJYV v~
Public Hearing: CUP 03-063 Request for a Conditional Use Permit to
allow a medical office building in a proposed 0- T zone for proposed
Strickland Subdivision by Roy Strickland - 1225 Main S%~~t: :a..-e..
a-l'-?Prne'j fo pYepa-u /If'i 01..( fln' ~~V1 .
Public Hearing: CUP 03-064 Request for a Conditional Use Permit for a
Planned Development for two buildings on one lot in a L-O zone for
Capital Christian Center by Capital Christian Church - 2760 East
Fairview Avenue: tl7/-or~ /-.9 JlY'LpO/U. ..;;/./ 4 c I ~ ~ ~~..A..
Ordinance No: tJ+ - I /J 6 1- AZ 03-030 Request for
Annexation and Zoning of 2.8 acres from R-6 to L-O and C-G zones for
proposed Southern Springs Subdivision No.2 by The Land Group, Inc.
- south of East Overland Road and east of South Meridian Road: 4-r~v-<-
Ordinance No.: &4- - I t!J 6!7 AZ 03-031 Request for
annexation and zoning of 15.04 acres from RUT to R-8 zones for
proposed Windsona Subdivision by Landmark Engineering & Planning,
Inc. - west of North Linder Road and north of West Ustick Road: app-rov-<-
Water, Sewer and Trash Delinquencies: ~
Meridian City Council Agenda - Februmy 17,2004 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
pLease contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting.
February 26,2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
March 2, 2004
ITEM NO. 6.8
REQUEST Approve minutes of February 17, 2004 City Council Regular Meeting
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:
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:
MERlO/AN POST OFFICE:
OTHER:
rJ1~
W
Contacted:
Em ailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become properly of the City of Meridian.
REVISED 2-14-04
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
TuesdaYJ February 17J 2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
X Shaun Wardle X Bill Nary
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance: Troop 151
3. Community Jnvocation by Craig Flinn -- Pastor at Meridian Alliance
Church: Presented
4. Adoption of the Agenda: Approve
5. Consent Agenda: Approve
A. Approve minutes of January 13J 2004 Pre-Council Meeting:
Approve
B. Approve minutes of January 20J 2004 City Council Regular
Meeting: Approve
C. Approve minutes of January 20J 2004 City Council Special
Meeting: Approve
D. Findings of Fact and Conclusions of Law for Approval: PFP
03-005 Request for Preliminary I Final Plat approval of 2 building
lots on 52.84 acres in an I-L zone for Jabil Subdivision by Jabil
Circuit, Inc. - 1303 East Central Way: Approve
E. Findings of Fact and Conclusions of Law for Approval: CUP
03-061 Request for a Conditional Use Permit for a dental office in
an L-O zone for Gaudrv Dental 0 ffice by Dr. Robert Gaudry -
southeast corner of Millenium Way and Gala Street in Resolution
Business Park: Approve
F. Findings of Fact and Conclusions of Law for Approval: PP 03-
040 Request for Preliminary Plat approval of 5 building lots on 3.49
Meridian City Council Agenda - February 17, 2004 Page 1 of 4
All materials presented at pub lic meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
REVISED 2-14-04
acres in an L-Q zone for Financial Plaza Subdivision by Idaho
Central Credit Union - 2225 East Overland Road: Approve
G. Findings of Fact and Conclusions of Law for Approval: AZ 03-
034 Request for Annexation and Zoning of 11.31 acres from RUT
to R-8 and L-Q zones for proposed Razzberrv Crossin~ by Carl
and Bonnie Reiterman - south of East McMillan Road and west of
North Locust Grove Road: Approve
H. Findings of Fact and Conclusions of Law for Approval: PP 03-
039 Request for Preliminary Plat approval of 34 residential building
lots, 4 professional office lots and 6 common lots on 11.31 acres in
proposed R-8 and L-Q zones for proposed Razzberrv Crossin~ by
Carl and Bonnie Reiterman - south of East McMillan Road and
west of North Locust Grove Road: Approve
I. Findings of Fact and Conclusions of Law for Approval: CUP
03-062 Request for a Conditional Use Permit for a Planned
Development containing a mix of residential and professional office
uses in proposed R-8 and L-O zones for proposed Razzberrv
Crossin~ by Carl and Bonnie Reiterman - south of East McMillan
Road and west of North Locust Grove Road: Approve
J. Request for Approval of letter to Michael Le/US EPA re:
Pretreatment Program: Approve
K. Sewer Main Easement for Parkway Subdivision: Approve
L. Union Pacific Railroad Pipeline C rossina Aareement - Black
Cat: Approve
M. Well #26 Production Well - Contract with Hydrolic: Approve
N. Geographic Information Systems (GIS) Hardware, Software,
and Installation Services Contract with HDR: Approve
O. Sr. Citizen I CDBG Professional Service Contract with SAGE:
Approve
P
Resol ution No.
04-421
Fair Housina: Approve
Q. Resolution No. 04-422 Anti-Displacement and
Relocation Assistance Plan: Approve
R.
Resolution No.
Approve
04-423
Citizen Participation Plan:
Meridian City Council Agenda - February 17, 2004 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
REVISED 2-14-04
S.
Resolution No. 04-424
Basis of Disability: Approve
Non-Discrimination on the
T.
Resolution No.
Approve
04-425
Grievance Procedure:
U. Resolution No. 04-426 : Amendment to the Collective
Labor Agreement, between the City of Meridian and Local
#2311 International Association of Fire Fighters: Approve
6. Department Reports:
A. Mayor's Office
1. Appointment of P&Z Commissioner: Wendy Newton -
Huckabay Approve Appointment to 2010
B. Parks-and Recreation Department - Doug Strong
1. Agreement with Meridian Youth Baseball: Final Draft
on next week Agenda
7. (Items Moved from Consent Agenda)
8. Tabled from February 10, 2004: FP 04-001 Request for Final Plat
approval of 31 single-family residential building lots and 4 common lots on
5.2 acres in an R-8 zone for Highgate Subdivision No.1 by Harris
Homes, LLC - 2700 North Meridian Road: Approve
9. Tabled from February 10, 2004: FP 04-002 Request for Final Plat
approval of 45 single-family residential building lots and 4 common lots on
10.49 acres in an R-8 zone for Highgate Subdivision No.2 by Harris
Homes, LLC - 2700 North Meridian Road: Approve
10. FP 04-008 Request for Final Plat approval of 56 single-family residential
building lots and 2 common lots on 17.8 acres in an R-4 PO zone for
Lochsa Falls Subdivision No.9 by Lochsa Falls, LLC - west of North
Linder Road and south of West Chinden Road: Table to February 24,
2004 Meeting
11. FP 04-007 Request for Final Plat approval of 26 single-family residential
building lots and 1 common lot on 11.96 acres in an R-4 PO zone for
Lochsa Falls Subdivision No. 10 by Lochsa Falls, LLC - west of North
Linder Road and south of West Chinden Road: Table to February 24,
2004 Meeting
Meridian City Council Agenda - February 17,2004 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 docu ments and/or hearings
please contact the City Clerk's Office at 888--4433 at least 48 hours prior to the public meeting.
REVISED 2w14w04
12. FP 04-006 Request for Final Plat approval of 52 single-family residential
building lots and 6 common lots on 16.94 acres in an R-8 zone for
Sundance Place Subdivision No.1 by Sundance Limited Company, LLC
- north of East Ustick Road and east of North Meridian Road: Approve
13. FP 04-009 Request for Final Plat approval of 85 single-family residential
building lots and 8 common lots on 23.15 acres in an R-8 zone for
Castlebrook Subdivision No.3 by Liberty Development, Inc. - 4000
West Pine Avenue: Approve
14. Public Hearing: RZ 03-012 Request for a Rezone of .85 acre from R-15
to 0- T for proposed Strickland Subdivision by Roy Strickland - 1225
Main Street: Attorney to prepare Findings of Fact and Conclusions of
Law for Approval
15. Public Hearing: PFP 03-006 Request for Preliminary Final Plat approval
of 2 building lots on .85 acre in a proposed 0- T zone for proposed
Strickland SUbdivision by Roy Strickland - 1225 Main Street: Attorney
to prepare Findings of Fact and Conclusions of Law for Approval
16. Public Hearing: CUP 03-063 Request for a Conditional Use Permit to
allow a medical office building in a proposed O-T zone for proposed
Strickland Subdivision by Roy Strickland - 1225 Main Street: Attorney
to prepare Findings of Fact and Conclusions of Law for Approval
17. Public Hearing: CUP 03-064 Request for a Conditional Use Permit for a
Planned Development for two buildings on one lot in a L-O zone for
Capital Christian Center by Capital Christian Church - 2760 East
Fairview Avenue: Attorney to prepare Findings of Fact and
Conclusions of Law for Approval
18. Ordinance No: 04-1064 : A Z 03-030 Request for Annexation
and Zoning of 2.8 acres from R-6 to L-O and C-G zones for proposed
Southern SprinQs Subdivision No.2 by The Land Group, Inc. - south of
East Overland Road and east of South Meridian Road: Approve
19. Ordinance No.: 04-1065 : AZ 03-031 Request for annexation
and zoning of 15.04 acres from RUT to R-8 zones for proposed
WindsonQ Subdivision by Landmark Engineering & Planning, Inc. - west
of North Linder Road and north of West Ustick Road: Approve
20. Water, Sewer and Trash Delinquencies: Approve
Meridian City Council Agenda - February 17,2004 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council Meetina
February 17. 2004
The Regular Meeting of the Meridian City Council was called to order at 7:15 P.M., on
Tuesday, February 17, 2004, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, Charlie
Rountree, and Shaun Wardle.
Others Present: Bill Nichols, Will Berg, Anna Powell, Brad Watson, Kenny Bowers, Bill
Musser, Doug Strong, Gary Smith, and Dean Willis.
Item 1.
Roll-call Attendance:
x
X
Shaun Wardle
Charlie Rountree
X
X Bill Nary
X Keith Bird
Mayor Tammy de Weerd
De Weerd: Okay. I will go ahead and call the City Council Regular Meeting of
Tuesday, February 17th. to order. It's 7:15. I'd like to welcome you all here tonight and
ask the City Clerk to, please, call roll.
Item 2.
Pledge of Allegiance:
De Weerd: Item Number 2 is the Pledge of Allegiance. We will be led by Troop 151.
(Pledge of Allegiance recited.)
Item 3.
Community Invocation by Craig Flinn -- Pastor at Meridian Alliance
Church:
De Weerd: Thank you, Troop. I do have some pencils for you. Thank you. Okay.
Item Number 3 is our community invocation by Pastor Craig Flinn from Meridian
Alliance Church.
Flinn: Let us pray together. God, we acknowledge your presence, your authority in our
lives. We realize we just saw a glimpse of a vision that you're putting in the hearts of
the people of the city. We are reminded, God, that you are the God of revelation and
you have a vision and that vision you want to reveal to these people. God, in all the
proceedings, all the conversations tonight, I prayed that your voice will be heard, that
the hearts will be attentive to listen for your revelation that we can see clearly afresh
tonight the next steps for the city. We pray for wisdom and revelation for this Council
who you have appointed to lead. I pray for revelation for them, I pray for understanding,
I pray for courage, God, as they listen and reflect and see what you want them to do,
they will do the right thing and step out in courage. We bless this Council, Lord. We
thank you for the leadership you blessed the city with and we pray a blessing on them
and on the whole meeting, God, we pray your blessing in Jesus' name, amen.
Meridian City Council
February 17, 2004
Page 2 of 30
Item 4.
Adoption of the Agenda:
De Weerd: Pastor Flinn, I would like to present you our water tower pin and thank you
for joining us here tonight. Okay. Item Number 4 is the adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the agenda as published.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to adopt the agenda as published. Is
there any discussion? Okay. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 5.
Consent Agenda:
A. Approve minutes of January 13, 2004 Pre-Council Meeting:
B. Approve minutes of January 20, 2004 City Council Regular
Meeting:
C. Approve minutes of January 20, 2004 City Council Special
Meeting:
D. Findings of Fact and Conclusions of Law for Approval: PFP
03-005 Request for Preliminary I Final Plat approval of 2 building
lots on 52.84 acres in an I-L zone for Jabil Subdivision by Jabil
Circuit, Inc. - 1303 East Central Way:
E. Findings of Fact and Conclusions of Law for Approval: CUP
03-061 Request for a Conditional Use Permit for a dental office in
an L-O zone for Gaudrv 0 ental 0 ffice by Dr. Robert Gaudry -
southeast corner of Millenium Way and Gala Street in Resolution
Business Park:
F. Findings of Fact and Conclusions of Law for Approval: PP 03-
040 Request for Preliminary Plat approval of 5 building lots on 3.49
acres in an L-O zone for Financial Plaza Subdivision by Idaho
Central Credit Union - 2225 East Overland Road:
Meridian City Council
February 17, 2004
Page 3 of 30
G. Findings of Fact and Conclusions of Law for Approval: AZ 03-
034 Request for Annexation and Zoning of 11.31 acres from RUT
to R-8 and L-O zones for proposed Razzberrv Crossina by Carl
and Bonnie Reiterman - south of East McMillan Road and west of
North Locust Grove Road:
H. Findings of Fact and Conclusions of Law for Approval: PP 03-
039 Request for Preliminary Plat approval of 34 residential building
lots, 4 professional office lots and 6 common lots on 11.31 acres in
proposed R-8 and L-O zones for proposed Razzberrv Crossing by
Carl and Bonnie Reiterman - south of East McMillan Road and
west of North Locust Grove Road:
I. Findings of Fact and Conclusions of Law for Approval: CUP
03-062 Request for a Conditional Use Permit for a Planned
Development containing a mix of residential and professional office
uses in proposed R-8 and L-O zones for proposed Razzberrv
Crossina by Carl and Bonnie Reiterman - south of East McMillan
Road and west of North Locust Grove Road:
J. Request for Approval of letter to Michael Le/US EPA re:
Pretreatment Program
K. Sewer Main Easement for Parkway Subdivision:
L. Union Pacific Railroad Pipeline Crossing Aareement - Black
Cat:
M. Well #26 Production Well - Contract with Hydrolic:
N. Geographic Information Systems (GIS) Hardware, Software,
and Installation Services Contract with HDR:
O. Sr. Citizen ICDBG Professional Service Contract with SAGE:
P
Resolution No.
Fair Housing:
Q.
Resolution No.
Relocation Assistance Plan:
Anti-Displacement and
R.
Resolution No.
Plan:
Citizen Participation
s.
Resolution No.
the Basis of Disability:
Non-Discrimination on
Meridian City Council
February 17, 2004
Page 4 of 30
T.
Resolution No.
Grievance Procedure:
u. Resolution No. Amendment to the
Collective Labor Agreement, between the City of Meridian and
Local #2311 International Association of Fire Fighters.
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the Consent Agenda and that includes Resolution
04-421, 04-422, 04-423, 04-424, and 04-425 and for the Mayor to sign and the Clerk to
attest on all proper papers.
Rountree: Second.
De Weerd: It's been moved and seconded to approve the Consent Agenda with the
specification on the Items P through T for the numbers as stated. Mr. Clerk, will you,
please, call roll.
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALL AYES
Item 6.
Department Reports:
A. Mayor's Office
1. Appointment of P&Z Commissioner:
De Weerd: Thank you. Okay. Item Number 6, Department Reports. I have the first
report. I would like to appoint Wendy Huckabay to the Planning and Zoning
Commission. Wendy is here with us. Wendy, you want to stand up? Wendy will be our
citizen at large on our Planning and Zoning Commission and she does understand it's a
six year term, much longer than the terms you serve, so -- and I didn't break her arm by,
you know, getting her to do this. Thank you for joining us, Wendy. You each should
have received a copy of her letter of interest and her resume. We did have the two
Planning and Zoning Commissioners, Keith Borup and David Zaremba, as well as
Council President Nary, sit down and interview a couple of the applicants that would fill
the at-large seat and we extended the offer to Wendy to join our Commission. Is there
any question?
Nary: Madam Mayor?
Meridian City Council
February 17, 2004
Page 5 of 30
De Weerd: Mr. Nary.
Nary: Not a question, but simply a comment. As you stated, I did sit in on the
interviews. I think Wendy was an excellent choice. I think she's going to do a wonderful
job. I think she's very excited and she's very interested. I think she's going to be a very
good asset to the Commission and I think it's nice for the Commission to be up to full
strength with a person of her caliber. I think it's going to be a good fit.
Bird: Was that your motion to accept her?
Nary: I would move that we accept the appointment of Wendy Newton Huckabay to the
P&Z Commission for the new term -- I guess the term that begins now, 2004 to 2010.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve the appointment of
Wendy Newton Huckabay to the Planning and Zoning Commission. All those in favor
say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES
B. Parks and Recreation Department - Doug Strong
2. Agreement with Meridian Youth Baseball:
De Weerd: Thank you, Wendy. Wendy will be sitting in the audience Thursday night to
kind of observe before she sits up here. Again, thank you for your willingness to serve.
Okay. Item 6-B is the Parks and Recreation Department. Doug Strong.
Strong: Madam Mayor and Members of the Council, as you recall about five weeks ago
you were presented with a concept of development for the 23.5 acres, the western
portion of Meridian Settler's Park for Meridian Youth Baseball-Softball. At that time, we
were directed to come back with an agreement between the City and Meridian Youth
Baseball and that's what you have before you tonight in the draft format. This is the first
draft of what will become an agreement between our two organizations and it's had --
it's received some comment to this point and certainly we will open for further comment
before it's sent to representatives from Meridian Youth Baseball for their review and
potential signature. With that, open the floor for questions.
De Weerd: So, Doug, essentially, we are -- this is a first look and so if you can get
comments back to Doug or Mr. Nichols, so they can be incorporated. Do you have any
questions for Doug at this point?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
February 17, 2004
Page 6 of 30
Bird: The representatives from Meridian Youth Baseball do have a copy also right?
Strong: I just handed him one this evening, but it's not -- if there are any changes that
are going to be incorporated into this initial draft, they would -- that would take place and
he'd get a copy with those changes, so --
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: What is the timetable, so that if we have additional comments to Mr. Nichols or to
Doug? This week? You want to have this on in two weeks, if we can get it resolved in a
couple weeks and get it on the agenda?
De Weerd: I guess we have -- we had committed -- I think it was last week that we
would have this completed and so I'd like to ask that you have comments done by
Friday, so they can be incorporated and talked about next week. Does that sound fair?
I know Doug has already had a chance to review it, as have I, and so if you can get any
comments by the end of the week, we can revisit this again next week.
Rountree: To Doug or Bill?
De Weerd: What would be your preference? To Bill? Okay.
Strong: Madam Mayor, actually, if Bill and I could both get copies of the comments --
depending on how they -- if they come bye-mail, then, we can look at them at the same
time and communicate back and forth.
Bird: E-mail both of you?
Strong: Yes.
De Weerd: Okay.
Strong: Just to clarify, the comments come to us by Friday and this will be on next
weekend's agenda for a review of a final draft that will to be Meridian Youth Baseball or
should we send that draft to Meridian Youth Baseball at that time?
De Weerd: We should be able to take care of that on Tuesday. If there are any further
changes that need to be made, they can get those made before they are sent 0 nto
them.
Strong: Okay. Thank you.
De Weerd: Okay. Okay. Thank you, Doug.
Meridian City Council
February 17, 2004
Page 7 of 30
Strong: Thank you.
Item 7.
(Items Moved from Consent Agenda)
De Weerd: Okay. There were no items moved from Item Number 7.
Tabled from February 10, 2004: FP 04-001 Request for Final Plat
approval of 31 single-family residential building lots and 4 common lots on
5.2 acres in an R-8 zone for Hiahaate Subdivision No.1 by Harris
Homes, LLC - 2700 North Meridian Road:
De Weerd: So, we will move to Item Number 8, which is tabled from February 10th, FP
04-001, Highland Subdivision No. 1 and start with staff comments.
Item 8.
Powell: Madam Mayor, Council, this is Highgate Subdivision NO.1. No. 2 will follow it
shortly and most of the discussion is the same, just to forewarn you on that item. This
Phase Number 1 is -- the blue circle isn't showing up terribly well today, but it's kind of in
the lower left-hand corner there and it is 31 single-family lots and four other landscape
lots. This was the approved Preliminary Plat. This is the Phase 1 Final Plat. The only
outstanding issue on this is the canal that comes back here and as a condition of
approval for the Preliminary Plat they were required to present an encroachment
agreement with the application for the Final Plat. They have not completed that
process. However, they are midway through. I did call -- they do have a letter saying
that staff has basically forwarded it on to the decision making body for the district and
they -- I called the attorney to see if it was a favorable letter or not, because it was
couched very carefully. He said, generally, if they get a letter like that, it means that
they will have that approval forthcoming. We have made it a prior -- that they have to
show that encroachment agreement prior to signature on the Final Plat. If they aren't
able to get that encroachment agreement, they are probably going to be in for a new
preliminary plat, because their lot sizes will fall below the minimum necessary in that
area. I think we have covered it. Staff's satisfied at this point and that was the only
issue remaining on this particular phase. With that, I will end staff's presentation.
De Weerd: Any questions for staff? Does the applicant have any comment that they
would like to make on this application? The applicant is in agreement with staff.
Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing no more discussion, I would move we approve FP 04-001, Final Plat for
31 single family residential building lots and four common lots for Highgate Subdivision
No. 1 and to include staff comments regarding the agreement on the Batt Canal and for
the attorney to draw up the Findings -- the proper papers.
Meridian City Council
February 17. 2004
Page 8 of 30
Rountree: Second.
De Weerd: It's been moved and seconded to approve FP 04-001 for Highgate
Subdivision NO.1. [s there any further discussion? Mr. Clerk, will you call roll.
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALL AYES
Item 9.
Tabled from February 10, 2004: FP 04-002 Request for Final Plat
approval of 45 single-family residential building lots and 4 common lots on
10.49 acres in an R-8 zone for Hiahaate Subdivision No.2 by Harris
Homes, LLC - 2700 North Meridian Road:
De Weerd: Thank you. Item 9 was tabled from February 10th, FP 04-002, Highgate
Subdivision No.2. Staff comments.
Powell: Madam Mayor, Members of the Council, this is the remainder of what was the
Preliminary Plat for Highgate Subdivision and, again, there is the same issue along the
south boundary with the encroachment agreement. My mouse does not want to work.
That's in this area here. There is kind of -- the second issue that remains on this one is
regarding the Onweiler tiling. You may have remembered -- I think it was about a
month ago we looked at Silhouette Subdivision in this area and the discussion was at
the preliminary plat stage for Highgate that whatever Silhouette ending up doing on this
side they'd do the same thing. Basically, staff has made it a condition of approval to go
with what you approved on Silhouette, which was tiling it and, then, putting a pathway
and I believe there is a fence as well. That issue was the 0 n[y 0 ther issue that we
wanted to point out to you.
De Weerd: So, Anna that is issue is not, because it's been resolved through the other
application?
Powell: Correct. I just wanted to point out that that was noted in the staff report, but we
believe that all the issues are resolved on this.
De Weerd: Okay.
Powell: So, with that I will end staff's presentation. It is -- both of these have been in
compliance with the approved Preliminary Plat. The reason they have been tabled is
there was a little discrepancy on some of the open space areas, but we got that
resolved before we brought it to you, so --
De Weerd: Thank you.
Powell: -- we are good to go.
Meridian City Council
February 17, 2004
Page 9 of 30
De Weerd: Appreciate that. Council, any questions for staff? Is the applicant in
agreement? Okay. Is there any further discussion? Okay. Do I have a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the request Item Number 9 or FP 04-002, Highgate
Subdivision No.2, including the staff comments and special considerations and have
the attorney draw up the appropriate papers.
Bird: Second.
De Weerd: Okay. Itls been moved and seconded to approve FP 04-002 for Highgate
Subdivision No.2. Is there any further discussion? Mr. Clerk, will you call roll.
Roll Cail: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALL AYES
Item 10.
FP 04-008 Request for Final Plat approval of 56 single-family residential
building lots and 2 common lots on 17.8 acres in an R-4 PD zone for
Lochsa Falls Subdivision No.9 by Lochsa Falls, LLC - west of North
Linder Road and south of West Chinden Road:
Item 11.
FP 04-007 Request for Final Plat approval of 26 single-family residential
building lots and 1 common lot on 11.96 acres in an R-4 PD zone for
Lochsa Falls Subdivision No.1 0 by Lochsa Falls, LLC - west of North
Linder Road and south of West Chinden Road:
De Weerd: Okay. Item 10 is FP 04-008, for Lochsa Falls Subdivision No.9. Staff
comments, please.
Powell: Madam President, Members of Council, I knew there was something I forgot to
tell you before the Council started. The applicant and staff has asked that you continue
these for a week. There was an issue with one of the easements and getting that
squared away on the plat.
De Weerd: Is that for 10 and 11?
Powell: Yes.
De Weerd: Okay. Thank you so, just one week?
Powell: Yes.
Meridian City Council
February 17,2004
Page 10 of 30
De Weerd: To the 24th. Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we table FP 04-002 and FP 04-008, both of them for Lochsa
Falls, one is -- or, no, excuse me. FP 04-008 and FP 04-007, both of them are for
Lochsa Subdivision, one's No.9, one's No. 10, until February 24,2004.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to table Items 10 and 11 to February
24, 2004. Any further discussion? Hearing none, all those in favor say aye. All ayes.
Motion carried.
MOTION CARRIED: ALL AYES
Item 12.
FP 04-006 Request for Final Plat approval of 52 single-family residential
building lots and 6 common lots on 16.94 acres in an R-8 zone for
Sundance Place Subdivision No.1 by Sundance Limited Company, LLC
- north of East Ustick Road and east of North Meridian Road:
De Weerd: Item 12 is FP 04-006, Sundance Place Subdivision No.1. Start with staff
comments.
Powell: Madam Mayor, Members of the Council, this is the first phase of Sundance
Place, but this is just north of Sundance Subdivision, so you're very familiar with the
name by this point. It is just to the north. The first Final Plat is on the west side there.
It is shown here -- it is in substantial compliance with the approved Preliminary Plat.
There was one outstanding issue on this and that was apparently, there has been a little
confusion over time as to which Irrigation District has authority. The solution is that for
now the pressurized irrigation system will be owned and operated by the homeowners
association. This takes care of the concerns that were expressed in the letter from
Moffatt Thomas prepared by Scott Campbell, who is the attorney for the Settler's
Irrigation District and the applicant believes that they have got it resolved at this point in
that the condition of approval seems to give enough leeway there that we can move
fOlWard.
De Weerd: So, you feel comfortable with that?
Powell: Yes.
De Weerd: Thank you.
Meridian City Council
February 17, 2004
Page 11 of 30
Powell: And Public Works is saying yes over here also.
De Weerd: Okay. The recording doesn't pick up the nod, but we'll acknowledge him.
Any questions from Councilor further comments from staff? Okay. Is the applicant in
agreement? Is the applicant here? Okay. Thank you. Is there any further questions or
discussion? I would entertain a motion.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I would move to approve FP 04-006, Item 12, Sundance Place Subdivision No.1
pursuant to all staff comments, for Council to prepare the appropriate documents.
Wardle: Second.
De Weerd: It's been moved and seconded to approve FP 04-006 for Sundance Place
Subdivision No.1. Is there any further discussion? Mr. Clerk, will you call roll.
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALL AYES
Item 13.
FP 04-009 Request for Final Plat approval of 85 single-family residential
building lots and 8 common lots on 23.15 acres in an R-8 zone for
Castlebrook Subdivision No.3 by Liberty Development, Inc. - 4000
West Pine Avenue:
De Weerd: Item 13, FP 04-009, Castlebrook Subdivision NO.3. We will start with staff
comments.
Powell: Sorry about that, Madam Mayor, Members of the Council, I didn't get quite
organized before I came here. Okay. This is the approved Preliminary Plat for
Castlebrook. It was called Castlebrook No.2, not -- because it was the second
Preliminary Plat. Don't get confused, but this is -- the first preliminary plat was done as
phase one and two, so this is phase three of Castlebrook, but the approved Preliminary
Plat was for Castlebrook No.2. The Castlebrook Subdivision No. 3 Final Plat today is
about -- for the left-hand side of that, so it would be the western half of the subdivision.
They have it here broken out into two sheets north and south. It's a little more difficult to
follow. I think you can see the connecting road there. It is for 85 single-family
residential lots. We did want to point out a couple things to you. One was that when
this was approved the Preliminary Plat at the north end of the site, the applicant offered
to do an off-site improvement. That's why you see that on the conditions of approval. It
was part of their initial offering. The Ten Mile Drain in this case is on separate
ownership and so that they offered to do a pathway along that drain as an off-site
improvement. Also, in your files you will see a couple letters, one from Bailey
Meridian City Council
February 17,2004
Page 12 of 30
Engineering regarding the request that -- the need to put the FEMA flood plain
information on the plat doesn't exist. We looked at this prior to the hearing tonight and
as far as we can tell there is some possibility that that floodway -- or flood plain, excuse
me, still extends beyond the boundaries of the property owned by that -- I'm not sure
who owns it at this point, but it is a possibility that it extends onto this plat. We did want
to keep that as a condition of approval. If they can demonstrate that itls not applicable,
then, of course, we won't require it on the Final Plat. The other one is regarding -- there
is a memo to the Mayor and Council from Sonya Allen and Bruce Freckleton regarding
a few changes to the conditions of approval and the wording and an additional --
actually, it's two additional conditions of approval and, then, a modification to one of the
site specific requirements, Number 18. The applicant was made aware of these. He
didn't have any problem with them. We did -- he happened to be in the office when we
were developing them, so we did talk to him about it, and he didn't express concern.
That was Kevin Amar. Other than that, I think they are pretty self-explanatory. They
are not big changes it was just some clarification. With that, I will end staff's
presentation.
De Weerd: Okay. Any questions for staff? Is the applicant here and in agreement with
the staff comments? Okay. Thank you. Council?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve FP 04-009 and include all staff comments, including
the modified staff report and to have the attorney draw up the proper papers.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve FP 04-009, Castlebrook
Subdivision NO.3. Any further discussion? Okay. Mr. Clerk.
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALL AYES
Item 14.
Public Hearing: RZ 03-012 Request for a Rezone of .85 acre from R-15
to 0- T for proposed Strickland Subdivision by Roy Strickland - 1225
Main Street:
Item 15.
Public Hearing: PFP 03-006 Request for Preliminary Final Plat approval
of 2 building lots on .85 acre in a proposed 0- T zone for proposed
Strickland Subdivision by Roy Strickland - 1225 Main Street:
Meridian City Council
February 17, 2004
Page 13 of 30
Item 16.
Public Hearing: CUP 03-063 Request for a Conditional Use Permit to
allow a medical office building in a proposed O-T zone for proposed
Strickland Subdivision by Roy Strickland - 1225 Main Street:
De Weerd: Thank you. Okay. Items 14, 15, and 16 are Public Hearings for Strickland
Subdivision. I will go ahead and open all three, RZ 03~012, PFP 03-006, and CUP 03~
063. We will open these Public Hearings with staff comments.
Powell: Madam Mayor, Members of the Council, this is a downtown property. It does
extend from Main Street to Meridian Street, as shown in the map here. They are
requesting a rezone from R-15 to Old Town and that would be consistent with the
Comprehensive Plan. The Conditional Use Permit, which is part of this request, is to
allow a dental office on the western side of the property the one facing Meridian Road,
and the Preliminary Plat is to divide the property in half. There is an existing house on
the eastern -- and several accessory structures on the eastern half that will remain. The
medical office building will go on the western half. That's the plat as it was shown. All
three applications do come forward with a recommendation for approval from the
Planning and Zoning Commission. At that hearing, the applicant's representative
Charles Eldredge testified in favor 0 f t he a pplication. There was no 0 ther testimony
given. The key questions and discussion items were primarily regards to signage. I
think you will remember we had some difficulty establishing what the appropriate
signage is in Old Town, because there is nothing stated. The applicants for this project
propose that they just go with the light office standards for signage and the Planning
Commission agreed that that was appropriate so we have resolved that issue. The
other question was about how many monument signs they could have on Meridian
Road. They did choose just to go with one. Then, there was also some minor
discussion about the trash enclosure and whether it was in a public works easement
and the location of the drainage and irrigation system. There were a few things that
needed to be clarified at the Planning and Zoning Commission, but we pretty much got
those worked 0 ut a nd those conditions were modified. ] don't believe there a re any
outstanding issues before the Council. It is a pretty straightforward office development.
Here are the elevations, if you would like to look at them. With that, I can answer any
questions. The office building is here, as you see, and, then, it was a pretty
straightforward parking lot. The alley will serve DNo-way traffic and ACHD has approved
it for DNo-way traffic. They will come in on the alley, they will go into the parking areas,
and be able to come back out that way. One of the conditions of approval on the
eastern side was that the residents no longer use their driveway, but they use the alley
instead for getting into their house and that -- and regarding the residential use, that will
just stay residential use until such time as they want to develop. Then, they will just go
through the appropriate approvals at that time, depending on what they are for the
eastern half of the property. With that, I will end staff's presentation.
De Weerd: Okay. Council, any questions for staff?
Rountree: Madam Mayor?
Meridian City Council
February 17, 2004
Page 14 of 30
De Weerd: Mr. Rountree.
Rountree: Anna, could you take me back to the aerial?
Powell: Sure.
Rountree: Thank you. I just needed to get my bearings.
Powell: Okay.
De Weerd: Thank you. As part of our ordinance, in Public Hearings we do ask that
those wishing to testify be sworn in and so I will ask those of you who would like to enter
in testimony on any of the applications tonight, if you will, please, raise your right hand.
Even the applicants, if you're going to give testimony. Okay. Do you promise that the
testimony that you provide tonight is the truth, the whole truth, and nothing but the truth,
so help you God?
(Affirmative answers.)
De Weerd: Thank you. Okay. Would the applicant, please, like to step forward. Thank
you. Please state your name and address and spell your last name if you would,
please.
Eldredge: Okay. Charles Eldredge. I'm with Specialty Homes. We are at 2525
Stokesberry Place in Meridian. My last name is spelled Eldredge.
De Weerd: Thank you.
Eldredge: Madam Mayor and Members of the Council, we represent Dr. Strickland in
regards to Strickland Subdivision here and what we are proposing, as stated in the staff
report, basically a rezone to Old Town, a Conditional Use Permit for a doctor's office,
and a subdivision to divide the property in two. As it sits right now, it's one residence
spanning from Meridian Street to 1 st Street. As far as the staff, we worked closely with
them and we are in agreement with all their recommendations and stand for any
questions at this time.
De Weerd: Thank you. Any questions from Council? Okay. Thank you so much. Is
there anyone else i n t he audience who would like to issue testimony 0 n these three
items? Okay. Council?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Meridian City Council
February 17, 2004
Page 15 of 30
Nary: I guess hearing no other testimony, I would move to close the Public Hearings on
Items 14, 15, and 16, the rezone, final -- Preliminary and Final Plat and CU P for
Strickland Subdivision.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to close the Public Hearings on Items
14, 15, and 16. Is there any further discussion? All those in favor say aye. All ayes.
Motion carried.
MOTION CARRIED: ALL AYES
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing no further comment, I would move that we approve RZ 03-012, a rezone
of .85 acres and to include -- for Strickland Subdivision, to include staff and applicant
comments and attorney to draw up the proper papers.
Wardle: Second.
De Weerd: Okay. Itls been moved and seconded to approve RZ 03-012 for Strickland
Subdivision. Is there any further discussion? Mr. Clerk, will you call roll?
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALL AYES
De Weerd: Thank you. Okay. Item Number 15.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the Preliminary/Final Plat for PFP 03-006, Strickland
Subdivision and include -- incorporate all staff comments and site-specific
considerations and have the attorney prepare appropriate papers.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve Item 15, PFP 03-006 for
Strickland Subdivision. Is there any further discussion? Okay. Mr. Clerk.
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
Meridian City Council
February 17, 2004
Page 16 of 30
MOTION CARRIED: ALL AYES
De Weerd: Thank you. Okay. Item Number 16.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item Number 16, CUP 03-063, Conditional Use Permit
for Strickland Subdivision, to include all staff and applicant comments and to have the
attorney draw up the proper papers.
Bird: Second.
De Weerd: It's been moved and seconded to approve Item 16, CUP 03-063 for
Strickland Subdivision. Is there any further discussion? Okay. Thank you, Mr. Clerk.
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALL AYES
Item 17.
Public Hearing: CUP 03-064 Request for a Conditional Use Permit for a
Planned Development for two buildings on one lot in a L-O zone for
Capital Christian Center by Capital Christian Church - 2760 East
Fairview Avenue:
De Weerd: Okay. Item 17 is a Public Hearing for CUP 03-064, for the Capital Christian
Center. I will open this Public Hearing with staff comments.
Powell: Madam President -- dang it. Madam Mayor, Members of the Council. I was
doing pretty well.
De Weerd: That's all right. We will give you six months and, then, I will be offended.
Powell: Okay. This is a request to enlarge the existing campus at the Capital Christian
Center, which is located on Fairview Avenue or has some frontage there on Fairview.
You can see the existing facility. These are just the landscape plans. That's the
existing facility and this is the proposed facility. As you see, they are adding several
new structures and also increasing the recreation facilities on the property. The
buildings -- or the addition includes an 11,000 square foot prayer center, a 33,000 --
well, close to 34,000 square foot sanctuary, and an over 10,000 square foot enclosed
plaza, which connects the existing church to the sanctuary. There is the existing church
there is the sanctuary that would be the enclosed plaza. This is the prayer center over
here. There is also a new outdoor plaza in this area and they are adding additional
recreation facilities here and, then, a soccer field and another ball field and also here as
well. This application does come forward to you with a recommendation for approval
Meridian City Council
February 17, 2004
Page 17 of 30
from the Planning and Zoning Commission. The applicant's representative AI Marsden
testified in favor of the application. No one testified in opposition to the application. The
Planning and Zoning Commission discussed the height of the propose buildings and the
impact on the groundwater levels of the property. Some of them are proposed as partial
basement facilities and I will show that to you in a moment. The key Commission
changes to staff's initial recommendation were to add a condition requiring the applicant
to submit a groundwater study, elevations for the proposed sanctuary and prayer
center. Again, that was, obviously, tied to the groundwater discussion. This is the
sanctuary and that will have a gold dome. The sanctuary is -- let me look up the
heights. Just a moment. The peak of the dome there will be 75 feet for the sanctuary.
As you see, it -- our existing ordinance accommodates pitched roofs rather well, but
nothing else. It really doesn't have a way for us to measure the height of a dome. The
zoning ordinance always allows -- or most allow for some sort of steeple and things like
that to have -- to be in excess of the height limit. The gold dome is similar in that
respect, but there are not habitable floors up there, it's just a large structure. On that
one and, then, on the pyramid structure, I believe that one is 44 feet at the height, but,
as you see, it's partially recessed. There are both in the L-O district, which allows a
height of 35 feet normally. Here are some of the floor plans for your review. I'll end
staff's discussion with that. We did -- felt like the Planning Commission did have the
opportunity to work out some of the minor details. They are large buildings, but it is a
large piece of property and there is a large amount of open space on the property as
well. We did feel it fit within the planned development regulations of providing
something new and allowing that flexibility to have kind of a campus there for the facility.
With that, I'll end staff's presentation.
De Weerd: Thank you, Anna. Are there any questions at this point for staff? Okay. Is
the applicant here? Do you have any comments? Were you here when I swore people
in?
Marsden: Excuse me?
De Weerd: Were you here when 1--
Marsden: I was.
De Weerd: Okay. Please state--
Marsden: My name is AI Marsden.
De Weerd: Did you raise your hand when I --
Marsden: No, I did not.
De Weerd: Okay.
Marsden: Shall J raise my hand?
Meridian City Council
February 17, 2004
Page 18 of 30
De Weerd: Yes.
Marsden: I agree.
De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing
but the truth, so help you God?
Marsden: Absolutely.
De Weerd: Thank you. Please state your name and address and spell your last name.
Marsden: AI Marsden, 5636 South Alyssum in Boise, Idaho.
De Weerd: And spell your last name.
Marsden: Marsden.
De Weerd: Thank you Very much.
Marsden: We agree with all the conditions of approval and if you have any questions
I'm here to answer your questions.
De Weerd: Okay. Any questions of the applicant?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I just had one. Mr. Marsden, on this gold dome --
Marsden: Yes.
Nary: -- is that paint or is that metallic?
Marsden: It's a fiber material that is permanent.
Nary: Is it reflective?
Marsden: No.
Nary: Okay. It's not going to cause any glare or any of that kind of problem?
Marsden: No, it's not.
Nary: Okay. Thank you.
Meridian City Council
February 17, 2004
Page 19 of 30
De Weerd: Thank you, Mr. Marsden. Okay. Is there anyone else in the audience who
would like to issue testimony? Mr. Wolfe. If you will, please, state your name and
address and spell your last name.
Wolfe: Jeff Wolfe 2651 East Fairview. That's Wolfe. First of all, I support this
development. We are neighbors. I'm the co-owner of Water Works Car Wash at 2651
East Fairview. Our concern is from a traffic standpoint. Currently that is a very busy
intersection at Hickory and Fairview and what happens is that the vehicles that are
trying to go eastbound on Fairview cannot do it or just don't want to wait. They will go
ahead and turn and go westbound and, then, cut into the middle lane and, then,
immediately go into our property and make a loop. They don't go slow, they go fast, it's
a hindrance to my customers and people that are using my facility and we just feel that
as far as this development it's going to impact that traffic even more. We are going to
see more people do that. I mean I guess as a car wash owner I love to see traffic go
by, but I like it to stop, I don't want it to keep driving through, especially as a hazard to
my customers. I would ask that a signalization be part of this project or be somewhere
along the line that that traffic is controlled, so that's alii have. Thank you.
De Weerd: Thank you. Are there any questions for Mr. Wolfe?
Nary: Madam Mayor? Mr. Wolfe?
De Weerd: Mr. Wolfe. If you can hold on a minute.
Nary: I was curious on your business. It's right here, isn't it?
Wolfe: Yes, sir.
Nary: Okay. Now, is there an entrance to your business on this end of the business?
Wolfe: Yes, there is.
Nary: So, have you discussed with the highway district some potential -- before
signalization comes, whether or not they can make this a right in and right out. Then,
you wouldn't have the left turn maneuver or whether or not they would put some type of
barrier across this portion of Fairview to, again, prevent that left turn into this section
where people would have to go that way? I don't know if they'd want to do that, but --
Wolfe: Yes. I'd prefer not to, but--
Nary: Sure.
Wolfe: You know, I'd like to have both entrances and exits working to their fullest.
Nary: Okay. All right. Just curious. Thank you.
Meridian City Council
February 17,2004
Page 20 of 30
Wolfe: You bet.
De Weerd: Is there any further testimony? Any questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I don't know if Gary can answer this or AI Marsden can, the applicant, but isn't
there a signalization of that intersection there? Isn't that in the work plan with ACHD?
Or maybe -- and how far out is it? ACHD here is shaking his head, so we will put him
on the spot.
De Weerd: And I didn't even see him raise his hand, so if you will, please, step forward.
Bird: We are not asking you to testify, we are just asking you questions.
De Weerd: Yes, we are.
Mills: Sure.
De Weerd: Mr. Mills, will you, please, raise your right hand. Is the testimony you
provide tonight the truth, the whole truth, and nothing but the truth, so help you God?
Mills: Yes, it is.
De Weerd: Thank you. Please state your name, address, and spell your last name.
Mills: Bruce Mills. Ada County Highway District. Garden City. Unfortunately, I don't
know the exact year. I do know that it has been moved up, based on the request of the
City of Meridian, but I -- if I have to make a guess I'm going to say it's out about three to
four years right now, but I don't have the exact date with me tonight. I'll let you know
next week.
Bird: Thank you, Bruce.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: My recollection was 2007 --
Bird: Mine, too.
Meridian City Council
February 17, 2004
Page 21 of 30
Nary: -- was when that signal was to be built, but I wondered if there were some
alternative measures that have been considered or could be considered by ACHD, it
seems like, to prevent this left turn from this portion of Fairview. I know ACHD has put
up barriers down by Wal-Mart, down by Krispy Kreme, to eventually prevent cross-traffic
from crossing Fairview or Eagle in certain locations. I wonder if that is something that
could be considered to prevent that action, because I think it -- I mean I think the
gentleman from Water Works is right, it can be very dangerous having people try to
basically maneuver through here, basically try to u-turn back around and go back that
way.
Bird: That's not what they are doing, Bill. They are turning right there --
Nary: Right here?
Bird: -- and coming out of the church there and they are turning right and they are going
down about -- it isn't even a quarter of a mile, I don't think. Then, they are hitting --
Nary: Right through here.
Bird: No, the other way. Go to your -- go west. Then, come right in there and they
have got an entrance there and, then, they are swinging right out through there and,
then, they are hitting it and turning east. They are going right through the car wash.
Mills: Madam Mayor, I will certainly bring it to our traffic department's attention.
De Weerd: You know, I guess I had a question -- it came to our attention that
sometimes money is freed up and lighted intersections that weren't necessarily put on
that one year are bumped up and it seems like the city doesn't have any input on that
priority, 0 n what might be next, 0 r what is the higher priority. This h as been a high
priority for the city and we appreciate that it at least was put on 2007, but if anywhere
that money is freed for lighted intersections in the City of Meridian this would be the first
place that we would want that. It was kind of brought to my attention earlier this year
from our fire department, because there were a couple of lights that were added that
weren't planned for, so that impacts us with our Opticom and so that's kind of why it was
brought to my attention to begin with. If those kinds of things do happen, we would
certainly like the consideration of this roadway to be that next lighted intersection.
Mills: I'll certainly take that back to our planning people.
De Weerd: And I know it's never that easy, but it would be nice.
Mills: Yes, Madam Mayor. Actually, it's a process, of course, of designing it,
purchasing the right of way. If those two things are done, then, you're right, we can
move it up, but I believe we still need to do those two items.
De Weerd: Yes.
Meridian City Council
February 17, 2004
Page 22 of 30
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Just so, I'm clear again, I mean t his is where the maneuver is coming right?
Right here? If you curb this section of the center lane to prevent this access into the
center lane here, these folks can still enter the center lane it just can't be done from this
part right? Isn't that where they are coming out right here?
Bird: They are coming out --
Nary: This is the intersection.
Bird: They are coming out right here and they are coming right -- and, then, they are
coming down through here and coming back and, then, going that way.
Nary: Okay. If you did like you have in front of Wal-Mart or in front of Krispy Kreme, if
you had that curbing that's on the roadway along the center lane, that would prevent this
area from coming into the center lane, but not the westbound traffic on FaiNiew from
accessing the center lane. Right? It would be no different than in front of Krispy Kreme
on Eagle or in front of Wal-Mart on FaiNiew, it's just to prevent that cross-traffic.
Bird: No. I don't think it would. What you would do is you would have that a completely
right out. Yes. If you put that like they have got down at -- down at Wal-Mart there, so
that you can't turn on Verbena, I think, is the name of the little street there, you would
basically make that -- it would stop the flow from coming through the -- coming through
the car wash. It just -- it's just a real bad situation there that needs a light. I think it
needs a light there worse than the one that's going in down at the old Curtis place. Like
the Mayor said, we have -- we have discussed this for the six years I have been on the
Council and this was going to come forward. It seems like every year it got put back,
but it is a real problem and I certainly understand Mr. Wolfe's frustration with it going
through his parking lot. In the same token, it's hard for the church to try to tell their
people how they can drive and how they can get in and out, so -- and it's not just the
church either, I'm sure it's being done by the subdivision people and everything else.
It's just a bad -- it's like the Mayor said, it's just something that we need a traffic signal
there.
De Weerd: I guess we could post a police car out there. It is illegal to do that, so--
Marsden: I just wanted to remind the Highway District that when we have that --
De Weerd: If you will, first, restate your name.
Marsden: I'm AI Marsden again.
Meridian City Council
February 17, 2004
Page 23 of 30
De Weerd: Thank you.
Marsden: Is that when we submit the building permit, we have to pay a very large
connection fee. They will have sufficient funds to do anything they would like to do.
Just to remind you.
De Weerd: Is there any further questions?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Hearing none, I guess I'd move that we close the Public Hearing on Item 17, CUP
03-064 for the Capital Christian Center.
Bird: Second.
De Weerd: It's been moved and seconded to close the Public Hearing on Item Number
17, CUP 03-064 All those in favor say aye. Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing no discussion, I would move that we approve Item 17, CUP 03-064,
Conditional Use Permit for the Capital Christian Center and to incorporate staff,
applicant, public testimony and for the attorney to draw up the Findings of Facts and
Conclusions of Law and Decision of Order.
Wardle: Second.
De Weerd: It's been moved and seconded to approve Item 17, CUP 03-064 for Capital
Christian Center. Is there any further discussion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I would like the Council to direct staff to work with ACHD to see if we can
advance the signal. As an interim, if we favorably act on this motion, we work with the
church and the Chief of Police and the other property owners in that vicinity to see if we
can't get the folks t hat attend services at that institution a ware that t hey a re actually
breaking motor vehicle law and can be cited and will be cited if they continue to do that.
Meridian City Council
February 17, 2004
Page 24 of 30
De Weerd: Thank you, Mr. Rountree. Bruce, if you can get back to my office or Anna's
to let us k now what you found 0 ut, would certainly appreciate it. I appreciate those
comments, Councilman Rountree. Is there any further discussion? Okay. Mr. Clerk,
will you call roll.
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALL AYES
Item 18.
Ordinance No: AZ 03-030 Request for
Annexation and Zoning of 2.8 acres from R-6 to L-O and C-G zones for
proposed Southern Sprin~s Subdivision No.2 by The Land Group, Inc.
- south of East Overland Road and east of South Meridian Road:
De Weerd: Thank you. Okay. Item 18 is Ordinance 04-1064 for AZ 03-030, Southern
Springs Subdivision NO.2. Mr. Clerk, will you, please, read Item 18 by title only.
Berg: Thank you, Madam President, Members of the Council. Ordinance Number 04-
1064 an ordinance finding that Patrick Thatcher and Judy Thatcher, the owners of
certain real property generally located east of the southeast corner of Overland Road
and State Highway 69, Meridian Road, Meridian, Idaho, to be known as the Southern
Springs Subdivision No. 2 and which lies contiguous or adjacent to the city limits of the
City of Meridian, County of Ada, State of Idaho, have made a request for annexation in
writing to the Council and that said land be annexed to the City of Meridian and zoning
designated Limited Office District (L-O) and General Retail and Service Commercial (C-
G) and declaring that said land, by proper legal description as described below, be a
part oft he City of Meridian, County of Ada, State of I daho, repealing a [10 rdinances,
resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer
to add said property to the official maps of the City of Meridian, Idaho, and directing the
Clerk of the City of Meridian to file a certified copy of the ordinance and map of the
areas to be annexed with the Ada county recorder, auditor, treasurer, and assessor and
the State Tax Commission of the State of Idaho, pursuant to Idaho Code 50-223 and
Section 63-2215.
De Weerd: Thank you, Mr. Clerk. You have heard the reading of Ordinance 04-1065
by title only. Is there anyone who would like to read it -- have it read in its entirety?
Hearing none.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Before we make a motion, could we have Mr. Clerk read Ordinance Number 04-
1065 and we can simply pass them once.
De Weerd: Okay. Mr. Clerk?
Meridian City Council
February 17,2004
Page 25 of 30
Nary: Could we do that, Mr. Nichols?
Bird: It's two different subjects.
Nary: So?
Bird: It's a different deal.
De Weerd: He just wants to stir the pot.
Nary: What does it matter? It doesn't matter. We can pass it with one motion.
De Weerd: Well, what is the desire of Council? Would they like Item 19 also read by
title only, so you can make only one motion?
Rountree: That would be fine with me.
Bird: I don't care.
Wardle: Yes.
Item 19.
Ordinance No.: AZ 03-031 Request for
annexation and zoning of 15.04 acres from RUT to R-8 zones for
proposed Winds on a Subdivision by Landmark Engineering & Planning,
Inc. - west of North Linder Road and north of West Ustick Road:
De Weerd: Okay. Mr. Clerk, will you, please, read Ordinance 04-1065.
Berg: Madam Mayor, I guess it's just a formality, as long as they all agree to approve
both of them.
De Weerd: Thank you.
Berg: Ordinance Number 04-1065, an Ordinance finding that Stubblefield Construction
Company, Inc., and the owner of certain real property generally located approximately
300 feet north of Ustick Road and approximately 600 feet west of Linder Road, within
Section 36, Township 4 North, Range 1 West, Meridian Idaho, to be known as
Windsong Subdivision and which lies contiguous or adjacent to the city limits of the City
of Meridian, County of Ada, State of Idaho, have made a request for annexation in
writing to the Council and that said land be annexed to the City of Meridian and zoning
designated Medium Density Residential District (R-8) and declaring that said land, by
proper legal description as described below, be a part of the City of Meridian, County of
Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in
conflict herewith, and directing the city engineer to add said property to the official maps
of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a
Meridian City Council
February 17,2004
Page 26 of 30
certified copy of the ordinance and map of the areas to be annexed with the Ada county
recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of
Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215.
De Weerd: Thank you, Mr. Clerk. You have heard the reading of Item 19 by title only.
Is there anyone who would like to hear it read in its entirety? Hearing none, J would
entertain a motion on both Items 18 and 19.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Before we go into it, everything on this 04-1065 boundary clarification has been
taken care of? Or are we hung out to dry again?
De Weerd: Who would dare tackle that question? Mr. Watson.
Watson: Madam Mayor, on the Windsong Subdivision, no, the boundary dispute has
not been resolved a tall, but the revised findings doh ave the three 0 ptions that you
approved last week. I think this annexation includes the area that's under contention
right now.
Bird: The findings show the option, but the ordinance doesn't; right?
Watson: Correct.
Bird: That's why --
Watson: The findings on the plat, preliminary plat, do show those options for resolution.
Bird: Okay. Then, I got a question for counsel. What does that affect? Does it affect
the ordinance at all?
Nichols: Madam Mayor, Members of the Council, I don't believe it affects the ordinance
at all. The reason being that it's -- you already contemplated that if the boundary
dispute is not adequately resolved, what you end up doing is you may potentially have
to de-annex a sliver of ground that is seven feet in width. You have already
contemplated that, it's already part of the record, it's in the findings with regard to the
preliminary plat approval, but this property on the deeded records is the description
that's before you for the annexation. Therefore, it's okay to go forward.
De Weerd: Thank you, Mr. Nichols. Is there any further questions or discussion?
Hearing none, I would entertain a motion. Mr. Nary
Nary: I'd move the approval of Items 18 and 19, Ordinance Numbers 04-1064, AZ 03-
030 for Southern Springs Subdivision No.2, and Ordinance Number 04-1065 for AZ 03-
Meridian City Council
February 17, 2004
Page 27 of 30
031, Windsong Subdivision, pursuant to the ordinance as prepared with waiver of the
reading of the rules pursuant to Idaho Code.
Wardle: Second.
De Weerd: Okay. It's been moved and seconded to approve both Items 18 and 19,04-
1064 and 04-1065. Is there any fu rther discussion? Mr. Clerk, will you call roll.
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALLAYES
Item 20.
Water, Sewer and Trash Delinquencies:
De Weerd: Thank you. Okay. Item 20 is the water, sewer, and trash delinquency.
This is to inform you in writing, if you so choose, that you have the right to a pre-
termination hearing at 7:30 p.m., Tuesday, February 17, 2004, before the Mayor and
City Council to appear in person to be judged on the facts and to defend the claim made
by this city that your water, sewer, and trash bill is delinquent. You may retain counsel.
Your service will be discontinued on February 18, 2004, unless payment is received in
full. Is there anyone present who wishes to contest his or her water, sewer, and trash
delinquency? Hearing none, they are hereby informed that they may appeal and have
the decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho
State Code. Even though they appeal, their water will be shut off. The amount of the
turn-off list is $33,808.01. Council, do you want to take action on this item?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the delinquency turn-off schedule for February 18,
2004, in the amount $33,808.01.
Bird: Second.
De Weerd: It's been moved and seconded to approve the delinquency turn-off list for
February 18, 2004. Is there any further discussion? Mr. Clerk, will you call roll.
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALL AYES
De Weerd: Thank you. Well, that is the end of our agenda. You did have an item in
front of you and I don't know where it went, but it's regarding a bill that's going to
committee. Mr. Clerk, did you put that in front of us?
Meridian City Council
February 17, 2004
Page 28 of 30
Berg: Yes, Madam President.
De Weerd: I guess probably Mr. Nichols is involved with this as well. Is there a desire
by 0 ur city to be present at this 0 r to issue a ny testimony a nd, if s 0, could we do it
through our attorney? This really came out of the blue, didn't it?
Nichols: Madam Mayor, Members of the Council, for the public that's still here, the
information in front of you is the pending annexation reform bill that was introduced by
Representative Sali at the request for the Citizens for Annexation Reform. It's not
exactly out of the blue. It was anticipated that they would come forth with another bill
again this year. Keep getting a different sponsor every year, but that's the current one.
It was just printed last week, so it's fairly new and is set up for hearing at 1 :30 or on
adjournment on Friday. I would recommend if you have any relationships with the
members of the House local government committee, that you write to them to oppose
the bill.
De Weerd: Okay. Is there any further discussion by Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: This notice is from the Association of Idaho Cities. I haven't read it in its
entirety. Are they taking action as well and are they putting together a package of
responses for u s 0 rare wet 0 take t heir a nalysis and b ill and the talking points and
incorporate that into a letter from the city? Do you know, Bill?
Nichols: Madam Mayor, Members of the Council, you can expect that AIC will oppose
the bill and Harwood will marshal the forces that he can to appear. I testified the last
two years on annexation bills and if requested with your permission I will do so again.
It's contemplated in the retainer that we would assist in legislative matters that are
pertinent and appropriate for Meridian issues.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I think it would be appropriate that the City of Meridian testify in this
particular instance, since we don't have a history of forced annexation, if you will, but
annexation by request. I think part of our case to the committee on this point that they
have to keep in mind that annexation does not necessarily have to be a bad thing and
that they needn't make it also onerous, that there are actually people that do want to be
annexed in the cities. In fact, it could be incorporated in the testimony as well as the
hurtfulness 0 f some 0 f these points to a city like Meridian who does not goo ut and
purposely a nnex. I t would be a p oint that I don't think they necessarily hear. They
Meridian City Council
February 17, 2004
Page 29 of 30
usually hear from the bigger cities who have a history of doing annexations, like our
sister city to the east. That's just a perspective I think it would be good for them to hear.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Yes. I guess I would concur with Councilman Rountree, although I know we are
going to be faced with this somewhat of an issue in the north with an area that we have
already previously extended water and sewer service to -- or water service to. It is a
consensual annexation by statute it may not be a consensual annexation with the
people sitting in their house. We are going to have some similar issues and I think our
main concern has always been -- is limiting our opportunities or options in the future and
I am all for Mr. Nichols representing the city's interest and getting that message across
to the legislature. I think he's done very well in the past for us and would appreciate him
doing that again.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would concur with the last two and add that Mr. Nichols has represented the
cities, not only Meridian, but all the cities on annexation very very well. As Councilman
Nary said, we got a couple of these facing us. We hope they go smooth with the
agreements. It's just some of those agreements that you hope everybody was notified
that bought a house, but I'll almost make you a bet they weren't. It would be the first
time if they were. Our sister to the east had do it and I see that this city is going to have
to do it, too, and I hope it's taken care of like the original agreement was written up, but I
don't think it will be that smooth, to be truthful with you. I will be awful happy if it is.
De Weerd: Mr. Wardle, do you have anything to add, since we have had --
Bird: All of us have given our --
Wardle: Madam Mayor, I would a Iso agree that M r. Nichols is the proper person to
testify on the city's behalf in this issue.
De Weerd: Thank you very much. Mr. Nichols, if you can also in your comments, if you
can also represent that we feel the same as the talking points that have been pointed
out in what we received from Mr. Harwood. Certainly, Council, as we proceed forward
with the annexations that we are looking at, we will follow best practices and try and
learn from the lessons that have been learned from the experiences from other
communities. We will do our utmost to have -- to go above and beyond the public
noticing and informing the citizens of what a greements were made and the services
they are enjoying. Any further comments?
Meridian City Council
February 17, 2004
Page 30 of 30
Nary: No.
De Weerd: Okay. Any questions from Mr. Nichols? Thank you. I would entertain a
motion to adjourn.
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor of adjourning please say aye. All ayes. Motion carried.
MOTION CARRIED: ALLAYES
De Weerd: It's 8:25.
MEETING ADJOURNED AT 8:25 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
:5 I 2- I C94-
DATE
ATTESTED: J!~-4
WILLIAM G. BERG, JR., CIT
February 19, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
February 24,2004
ITEM NO.
a-(.
REQUEST Ratify Adoption of Resolution No. 04-426: Amendment to the Collective Labor
Agreement. between the City of Meridian and Local #2311 Intemational Association of Fire Fighters
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 DE?T:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SEITLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
~yU
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of MeridIan.
1. as\;,> 1. VI. .1
Will Berg
From: Marlene St. George [ms@WHITEPETERSON.com]
Sent: Thursday, February 19,20041:09 PM
To: 'bergw@meridiancity.org'; 'Jolene Robles'; 'Tara Green'; 'Jessica
Cc: Bill Nichols
Subject: Amendment to the Collective Labor Agreement - Article 8 -Insurance
Attached, and to be used as the attachment to the Amendment to the Collective Labor Agreement, is
the correct Article 8 - Insurance. The whole Agreement is presently attached to the Amendment to the
Collective Labor Agreement; and which has the wrong Article 8 - Insurance. Only the Amended
Article 8 - Insurance needs to be attached to the Amended Agreement. If you have any questions,
please give me a call.
I1Wllk YOll,
Marlene St George
Legal Assistant to Wm. F. Nichols
White Peterson
5700 East Franklin Road, Suite 200
Nampa, Idaho 83687-8102
208-466-9272 Ext 111
ms@white]leterson.com
Confidentiality Notice: This email message may contain confidential and privileged information
exempt from disclosure under applicable law. If you have received this message by mistake, please
notify us immediately by replying to this message or telephoning us, and do not review, disclose,
or distribute this Thank you
2/19/2004
AMENDMENT TO ARTICLE 8 - INSURANCE
TO THE COLLECTIVE LABOR AGREEMENT
BETWEEN CITY OF MERIDIAN AND LOCAL #2311 INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS DATED OCTOBER 1, 2003
WHEREAS, Article 8 - Insurance shall now read as follows:
ARTICLE 8 - INSURANCE
During the term of this Agreement. the DEPARTMENT, shall pay 100% of the employee
premiums for health, workman's compensation, dental, life, short & long-term disability
insurance. The DEPARTMENT shall pay the same premium and provide identical coverage to
firefighters for health insurance that is given to other city employees. The DEPARTMENT will
pay no less than the same premium for family health and dental that it pays for other city
employees. This provision will be reviewed on an annual basis after quotes for insurance are
received to determine what adjustments may be needed to employee contributions for family
health and dental coverage. The DEPARTMENT further agrees to cover increases in premiums
for family health and dental coverage up to 8.5% not to exceed $15.00 per month or $180.00 per
I
year. Any such premium adjustments will not exceed adjustments made with respect to other
City employees. Subject to the other provisions in this Article, the DEPARTMENT reserves the
right to make changes in carriers, premiums and provisions of these programs when deemed
necessary or advisable. The City ofMericlian agrees to establish an insurance review committee
that will review the employees' insurance coverage on an annual basis and make
recommendations to the City Council. The Union will be given a position for a representative on
this committee.
Z:\Work\M\Meridian\Meridian 15360M\Fire Dcpt\Fire Fighters Union\Collective Bargaining\ARTICLE 8.doc
WHITE PETERSON
WHITE, PElERSQN, PA
MEMORANDUM
February 20, 2004
From: William F. Nichols
To: Mayor De Weerd, City Council members
cc: Will Berg, Jr., Pauline Skeggs
Subj: IAFF #2311 Collective Bargaining agreement and Amendment to Insurance provision
Marlene discovered that the resolution passed on Tuesday, February 17 incorrectly
attached the collective bargaining agreement instead of just the amendment to Article 8 on
insurance. We apparently did not email the amended article to the clerk's office and as a
consequence the clerk's office attached what it had, rather than the correct document.
I have asked the clerk's office to include the resolution, with the correct document, on
next week's consent agenda so there will be no doubt regarding the adoption of the amendment.
It will carry the same resolution number as it carried this week.
I apologize for the confusion.
MEMO
AMENDMENT TO THE
COLLECTIVE LABOR AGREEMENT
This amendment is to that celiain Collective Labor Agreement between the City
of Meridian and Local #2311 International Association of Fire Fighters, dated the 1 st day
of October 2003, and specifically pertaining to the Article 8 - Insurance within the
agreement.
Therefore, the pmiies agree as follows to-wit:
1. The parties have negotiated m1d mutually agreed to changes to Article 8 -
Insurance.
2. The parties agree that the attached Amendment to Article 8 - Insurance
is hereby incorporated and made a part thereof to the original Collective
Labor Agreement dated October 1,2003, and replaces Article 8-
Insurance contained therein.
3. The parties agree that except as modified by this Amendment to Aliicle 8
- InsUfm1ce, the Collective Labor Agreement dated the 1 st day of October,
2003, between the patiies is hereby ratified and confirmed.
IT IS SO AGREED.
DATED AND SIGNED this I (~ day of FR&~u'!#1 ' 2004.
CITY OF MERIDIAN
IAFF LOCAL #2311
ATTEST:
Amendment to Collective Labor Agreement
Page 1 of 1
February 12. 2004
MERIDIAN CITY COUNCil MEETING
APPLICANT Jabll Circuit. Inc.
PFP 03-005
February 1 7. 2004
ITEM NO.
S.b
REQUEST Findings - Request for Preliminary I Final Plat approval of 2 building lots on
52.84 acres in an I-l zone for Jabil Subdivision - 1303 East Central Way
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
/-- -
ADA COUNTY rr1GHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Findings
~
t1'~
. Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become properly of the City of Meridian.
FEB 1
IntcrorJicc
City Of Meridian
City Clerk Offlcc
MEMORANDUM
-
To:
William G. Berg, .Ir.
From:
Wm. F. Nichols
Subject:
.labil Subdivision By: Jabil Circuit, Inc.
File No.
PFP-03-005 - Findings of Fact and Conclusions of Law and Order of Conditional
Approval of Preliminary/Final Plat
Date:
February 9,2004
Will:
-
Regard ing the above referenced matter, p Icase Ii nd enc losecl the origi 11a I 0 C the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY/FINAL PLAT, for approval and sign8ture by the iVlayor and
yourself. Please serve a conformed copy of the FI1\TDINGS upon the applicant, with a Certi ficatc
of Service in the file, and conformed copies to the Planning and Zoning Department, Public
Works, and the City Attorney.
If you have any questions please give me a call.
Z\\Vllrk\M'\iVkI"lJi~Il'IVlcndi,1I1 15360M\I~bil Sub PFP-03-005\Berg PlOP MEMO 02 09 04.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE !VIA TTER OF THE REQUEST )
FOR PRELlIVIINAR\'/FINAL PLAT FOR )
JABIL SUBDIVISION, LOCATED AT 1303 )
EAST CENTRAL \VA Y, JVlERIDIAN, IDAHO )
)
)
)
)
)
)
)
)
BY: JABIL CIRCUIT, INC.
APPLICANT
C/C 02/03/04
CASE NO. PFP-03-005
FINDINGS OF FACT AND
CONCLUSIONS OF LA \,.
AND ORDER OF
CONDITIONAL APPROVAL
OF PRELlMINARY/FINAL
PLAT
The above entitled matter coming on regularly for public hearing before the Ci ty COLll1ci I
on February 3, 2004, and Anna Powell Planning Director, and Kent Brown, appeared and
Lesti lIed at the hcarlng, and the City Council having received a report from Steve Siddoway
Planner II for the Planning and Zoning Department ancl Bruce Freckleton, Engineering
Technician III. 8nd the City Council having received as part of the recorcl of this matter the
rccol1llllendat i 0 t1 to City Cou nci I 0 f the P Ianni ng and Zoni ng Co 111 111 ission and the app I icant
having submiLtcc1lhe Plat Or<1\ving c1escribecl as follows, "PLAT OF .lABIL SUBDIVISION,
LOCATED IN THE SE ~ OF SECTION 18, T3N., R I E., 8.M., MERIDIAN, ADA COLJNTY,
IDAHO 2004, 31015-PLT MEM 1/5/04, SHEET 1 OF 2, HANDWRITTEN DATE: 1/6/04,
ST AMPED: RECEIVED .TAN 062004 CITY OF MERIDIAN CITY CLERK OFFICE, .JABIL
CIRCUIT, INC. - DEVELOPER, BRIGGS ENGINEERING, TNC. - CONSULTING
ENGINEERS", Jabil Circuit, Inc. submitted for preliminary/final plat approval, and which
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELliVllNAR Y/FINAL PLAT - JABIL SUBDIVISION
BY: .IABlL CIRCUIT. INC. - (PFP-03-005)
PACiE ] OF II
preliminary/final plat application is herein received and adjudged by the City Council, pursuant
to Meridian City Code, Section 12-3. Therefore the City Council makes the follo'vving findings:
FINDINGS OF FACT
I. That the proposed development is in confonmlllee with the Comprehensive PI,lIl
by reason of the bet that it lies within the existing Urban Area as defined in the Meridian
Amended Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis
Comprehensive Plan and Map, adopted August 6, 2002, Resolution No. 02-382, and the property
is prescntly ;;-:oned I-L Light Industrial, and requires connection to the Municipal Water and
Sewer System. [see Meridlall City Code, Section 11-7-2 N]
2. The preliminary plat is in conformance with the Amcnded Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382.
3. It is found that the subdivision to be in conformance with the Comprehensive
Plan. The Future Land Use Map designates the property as Industrial, \vhich also matches the
existing zoning of Light Industrial (I-L). The subject property was approved for light industrial
manufacturing, and remains so under the proposed re-subclivision.
3. It is determined that public services are available to accommodate the proposed
development. \V Mer and sewer services 'vvere hooked to the ex isting J abi I Circui ts bu i Iding when
it was constructed, and services were stubbed into what will be Lot 2.
4. It is found that the subdivision will not require the expenditure of any capital
improvement funds. Sewer and water are already installed and connected to Lot] and are
FINDINGS OF FACT AND CONCLUSIONS OF LA 'IN
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - JABIL SUBDIVISION
BY; JABIL CIRCUIT, INC. - (PFP-03.005)
PAGE20FII
stubbed to Lot 2. The owner is responsible for the cost of any modifications or extensions to the
current system.
5. It is found that the development will not require major expenditures for providing
supporting st:'rvices. City servIces have alremly' been provided to the subject properly lor at least
3-4 years. New services will not be required by the proposed plat.
6. The development, if built in accordance with the conditions, and as proposed. \vill
be compatible within the vicinity, and will not create health, safety or environmental problems,
nor \vill the development have an adverse impact on other persons, property, or uses within the
vicinity.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code,
Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein
adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
L. The Preliminary/Final Plat of the applicant as evidenced by "PLAT OF .r ABI L
SUBDIVISION, LOCATED IN THE SE ~ OF SECTION 18, T3N., RI E., B.M., MERIDIAN.
ADA COUNTY, IDAHO 2004, 3 [0 I 5-PL T MEM 1I5/04, SHEET 1 OF 2, I-IANDWRITTE:N
DATE: 1/6/04, STAMPED: RECEIVED JAN 06 2004 CITY OF MERIDIAN CITY CLERK
OFFICE, JABIL CIRCUIT, INe. - DEVELOPER, BRIGGS ENGINEERING, INe. -
CONSUL TTNG ENGINEERS", has been submitted for preliminary/final plat.
FI>-.:tW\'CiS OF F/\CT i\Nt) CONCLUSIONS OF LA \\.
'\ND OIUlFR OF CONDITIONAL APPROVj\L OF
I'I(ELli'vlINARYI'T'\,,\L I'L."\T - JABIL SUI3[)IVISION
BY: JAI3IL CIRCUIT, INC - (1'171'-03-005)
PAGE 3 OF 11
2. The conditions of Staff pertaining to the Preliminary/Final Plat commcnts arc as
set fOI-th in the Memorandum to the Mayor and City Council from Steve Sic1doway Planner [] Cor
Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated:
Transmittal Date: Transmittal Date: January 5,2004 and P & Z Hearing Date: January 8, 2004,
listing 8 Site Specific Comments - Preliminary/Final Plat, a true and con'ect copy of which is
attached hereto and marked Exhibit "A", and consisting of four pages, and by this reference
incorporated herein, with the additional requirements from the City Council from their meeting
of February 3,2004, and the requircments are as follows, to-wit:
A. Adopt the action of the Council takcn at their February 3, 2004 meeting as follows:
I. Pertaining to the below paragraph no the Idaho Transportation Depal.tment
Noise Abatement condition, this condition shall not be a requirement for the
Applicant, and is therefore deleted.
-I-Hfl€-1-Bcul j urisdicti 0 n and the app liennt choose noHD consider noi S6
abatement, u letter with ::;ignat1.1reS from authorizcd reprcsentativcs is rGq1.lired
from both, stating that each has been notiflGd of the ITO policy [re;afEl-i'H-g
noise abatemcnt] and ,,\'aiycs the ri.s:ht to requcst any noise--aBittcment that IRay
tHJ considered now and in the future. One letter may be subn-:.itted, but it
feE] Ll ires the si gnatl.lre of the authorized reprcsentati \'e from both the npplicaffi
aRC! the local j urisd i cti on.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. Sign the CerLi !~cate of Owners and notarize the accompanying Acknowledgment (Sheet:2 01'
the final plat) Llpon approval of the plat.
2. Modify the final plat to accurately reflect the right-or-way for the Locust Grove overpass.
Submit] 0 copies of the revised plat.
FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT ~ JABlL SUBDIVISION
BY: JAI3IL CrRCUIT. INC. - (PFP-OJ-OOS)
PAGE40FII
3. A multi-use pathway \Vi [I be required with any future development on Lot 1, in compliance
with the Parks Dept. pathways plan in effeet at the time of development. The pathway will
not require bonding prior to signature 011 the final plat.
4. Sanitary sewer and water service to this development shall be Vi~l service line cXtcnsions
from the existing City of Meridian mains adjacent to the project.
5. Prior to issuance of a bullding pell11it 011 Lot2, a FEMA "Letter of Map Revision - LOMR"
shall be submitted to the Meridian Public Works Department.
6. Pressurized irrigation within this development will be from the existing system that was
installed as part of the Jabil Circuits development.
7. Clarify on the final plat map where the mineral rights mentioned in note #3 impacts the
subdivision.
S. Tie down existing easements to the subdivision boundary for reference purposes. Note the
recording instrument number on all easements that are graphically depicted on the final plat
map.
C. Adopt the Recommendations of the ACHD as follows:
I. The required street improvements and dedication ofrigl1t-of-way have been completed with
the previous applications for this site abutting Central Drive.
2. The following driveway locations were approved with MSPR99-IS in accordance \vith
District policy.
>- The eastern driveway on Central Drive is located 120-feet west of the east property
line.
r The middle driveway on Central Drive is located 940-feet west of the east property
line.
r The western two dri veways on Central Drive are located 1,900- feet west of the east
property line and 2,500-feet respectively.
3. The applicant shall be required to coordinate with the District andlTD for any additional
right-or-way required far the project abutting the site 011 LocLlst Grove Road. The right-of-
FINDINGS OF F;\CT AND CONCLUSIONS OF L;\ W
AND ORDER Of CONDITIONAL APPROV AL OF
PRELIMINARY/FINAL PLAT ~ JABIL SUBDIVISION
BY: JABIL CIRCUIT, INC - (PFP-03-005)
PAGE 5 OF II
way purchase and sale agreement and deed must be completed and signed by the applicant
prim- to schedul ing 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 o\vner will be paid the fair market value of the right-or-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 Orclinance #198), if funds are avai lable.
4. The District has a $7,000.00 deposit to the Public Rights-of- 'vVay Trust Fund (#00-007) for
the cost of constructing a 5-foot wide concrete sidewalk on Locllst Grove Road abutting the
parcel (approximately 350-feet) prior to District approval of MSPR9()-IS.
S. Other than the access point(s) speci fically approved with this app I ication, d i reet lot or parcel
access to Central Drive and Locust Grove Road is prohibited. Lot access restrictions, as
required with this -application, shall be stated 011 the final plat.
6. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
I. Any existing irrigation faci lities shall be relocated outside of the right-of-way.
2. All uti [ity relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
3. Replace any existj ng 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 Jjve years old are not allowed unless approved in
writing by the District. Contact the District's Uti lity Coordinator at 387-()2S8 (with Ii Ie
numbers) for details.
S. 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 \vaived herein. An
engineer registered in the State ofIdaho shall prepare and certify all improvement plans.
FINDINGS OF FACT I\ND CONCLUSIONS OF LA'vV
AND ORDER OF CONDITIONAL APPROVAL OF
PRELlMINAR Ylr-INAL PLAT ~ JABIL SUBDIVISlON
BY: .lABfL CIRCUIT, INC. - (PH-03-00S)
PAGE 6 OF II
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
pertnit (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 Distriet approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, 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.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DJGLJNE (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 ill the event any ACHD conduits (spare or filled) are
compromised duriilg any phase of construction.
10. No change in thc terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative uncI ,Ill
authorized representative of the Ada COUllty Highw8Y District. The burden shall be upon the
applicant to obtain written confirmation of any change from the Ada COllnty Highway
District.
II. Any change by the applicant in the planned use of the property which is the subject oCthis
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 ehange 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.
Sj)ecial ReCOllllllendafioll to fhe Applicant and the Cizv of iYJeridion
I. In order to recluce trips to and from this development it is recommendecl that Tenants
occupying the proposed building be required to provide an Alternative Transportation
Program for employees and provide an annual report to ACHD on employee
participation. Commuteride staff will coordinate the Alternative Transportation Progralll
with the applicant. For more infon11ation contact COllllllutericle at 387-6160 for rurthcl"
information.
FINDINGS OF FACT AND CONCLUSIONS OF LA W
A ND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINAR Y /FINAL PLA T - JABIL SUBDIVISION
BY: JABIL CIRCUIT, TNe. - (PFP-03-00S)
PAGE70Fll
2. In order to reduce trips to and from this development, it is recommended that the tenants
occupying the proposed building(s) be required to participate in any Transportation
Management Association (TMA) or Transportation Management Organization (TMO)
that is formed with a boundary that includes this site or is adjacent to this development.
J. A Transportation fvlanagcmcnt Association (TMA) or Transportation Management
Organization (TMO) is fOt~111ed with a coordinator that works as a liaison between
businesses and private and public transportation providers to increase the usc 01'
alternative transportation and other trip reduction Illeasures (shuttle buscs, bus pass
programs, vanpools, car pools, bicycle and walking enhancements).
4. An annual survey will be required of the TMNTMO to monitor participation in
alternative transportation programs and forwarded to the ACHD C0111muteride Office.
D. Adopt the RecomI'nendations of the Meridian Fire Department as follows;
I. Provide a fire-flow per the International Fire Code Appendix D to service the project. Fire
hydrants shall be placed an average of 400' apalt.
2. All roads internal fire lanes and entrances shaH have a turning radius of28'
inside and 48' outsicle.
3. All access roads within the project shall have a clear driving surface with a minimulll width of
20' available at all times.
4. Operational fi re hydrants and temporary or pen11anent street sIgns are req u ired bef<Jrc
combustible construction begins.
5. All building uses and processes shall comply with the International Fire Code.
E. Adopt the Recomm endations 0 f Centra I District Health Dept as fo 1I0ws:
I. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans mllst be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
F!\'DINCiS OF Ff\CT AND CONCLUSIONS OF LA W
I\ND ORDER OF CONDITIONAL APPROVAL OF
PRELI,vUNARY/FINAL PLAT - JABIL SUBDIVISION
BY: .IABIL CIRCUIT, tNC. - (PFP.03-005)
PAGE 8 OF 11
3. Run-off is not to create a mosquito breeding problem.
4. S tormwater shall be pretreated through a grassy swale prior to discharge to the su bSLl rt~1ce
to prevent impact to groundwater and surface water quality.
::;. The Engi nccrs and areh i tects in vo I ved with the des i gn 0 f the su bject project sha 11 obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
F. Adopt the Recommendations of the Nampa & Meridian ItTigation District as folIO\\'s:
I. The Applicant shall file a Land Use Application prior to nnul platting.
7 All laterals and waste ways must be protected. The District's Hunter Lllcml courses
through this proposed project with a recorded easement 0[40 (forty) feet, 20 (twenty) feet
each side. This easement must be protected and any encroachment without a signed
License Agreement and approved plan, before any construction is started, is unacceptable.
3. All municipal surface drainage must be retained on site. If any surface drainage leaves
the site, the Nampa & Meridian irrigation District must revicw drainage plans.
4. The developer must eomply with Idaho Code 31-3805. It is recommended that irrigation
water be 1118de available to all developments within the Nampa & Meridian Irrigation
Oi stri ct.
3. The nnal plat upon which there is contained the Certific8tion and signature of
the Ci ty Clerk and the Ci ty Engineer veri fyi ng that thc p lnt meets the City's requ i remcnts shall be
signed only at SLlch time as:
a. The Plat dimensions are approved by the City Engineer;
b. 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; and
FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND ORDER OF CONDITIONAL APPROVAL OF
PRELli'vHNAR Y!FINAL PLAT ~ JABIL SUBDIVISION
BY: JABIL CIRCUIT, INC. - (PFP-03-00S)
PAGE 9 OF 1 I
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the OWller may
request a regulatory taking analysis. Such request must be in writing, and mLlst be filed with the
Ci ty Clerk not more than twenty-eight (28) days after the final decision concerni ng the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an
intcrcst in real property which may bc adversely afTccted by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
L 71''''
l::./ ,I By action of the City Council at its regular meeting held on the -day of
r.Lnrtf ar::J ,2004.
FINDINGS OF FACT AND CONCLUSIONS OF LA'vV
AND ORDER OF CONDITIONAL APPROY AL OF
PREUMfNARY/FINAL PLAT - JABIL SUBDIVISION
BY; JABIL CIRCUIT, [NC. - (PFP-03-005)
PAGE 10 OF II
dI~p~-/!l
\Villiam G. Berg, Jr.~-ejerk
....
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Attest:
Byoll~~~9-
City Clerk
Dated:
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FINDINGS OF FACT AND CONCLUSIONS OF LA W
t\ND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - .lABlL SUBDIVISION
GY; .fABIL CIRCUIT. INC. - (PFP.03.005)
PAGE II OF 11
February 12. 2004
MERIDIAN CITY COUNCIL MEETING
CUP 03-061
11
February't,2oo4
APPLICANT Dr. Robert Gaudry ITEM NO. 5 · e
REQUEST Findings - Request for a Conditional Use Permit for a dental office in an L-Q
zone for Gaudry Dental Office - southeast comer of Millenium Way and Gala Street in
ResolutIon Business Park
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUilDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DE?T:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETfLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Findings
vJ-I
(}Jf~
Contacted:
Emailed:
Date:
Stoff Initials:
Phone:
Materials presented at public meetings shall become properly of the City of Meridian.
interoffice
tvrnMORANDUM
-
Fr.Q 1
i:-..~ j
City Of lvleridian
City Clerk Office
To:
William G. Berg, Jr.
From:
William F. Nichols
Subject:
BY: DR. ROBERT GAUDRY, D.D.S. FOR CONDITIONAL USE PERMIT
FOR GAUDRY DENTAL IN AN L-O ZONE
File No.:
CUP-03-061
Date:
February 10,2004
Will:
Please find attached the original FINDINGS OF FACT CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT
TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent
Agenda for Council discussion and decision.
If you should have any questions please give me a call.
Z:\Work\M\Meridian\MeridiIlll15360MlGaudry Dental Office CUP..Q3.{l61\CI.kI..tJCUPifcls&Order 02 1004.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OFTHE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A DENTAL
OFFICE IN AN L-O ZONE,
LOCA TED ON THE SOUTHEAST
CORNER OF MILLENNIUM 'WAY
AND GALA STREET,
APPROXIMATELY 300 FEET
SOUTH OF OVERLAND ROAD
AND APPROXIMATELY 1:; OF A
MILE EAST OF LOCUST GROVE
ROAD, WITHIN SECTION 20,
TOWNSHIP 3 NORTH; RANGE 1
EAST, MERIDIAN, IDAHO
DR. ROBERT GAUDRY,
APPLICANT
C/C 02103/04
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Case No. CUP-03-061
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The abo ve entitl ed eonditi ona I use permit appl i cation ha vi ng come before the C i t Y
Council on February 3,2004 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department,
and Larry Knopp, 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 Counci 1 having heard
alld taken ora I and \Vl-i Hen lesti mony, and havi ng duly eonsi dered the matter, the City Counci I
hereby makes the following Findings of Fact, Conclusions of Law and Deeision and Order to-
wit:
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE I OF 17
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 February 3,2004, before the
City Council, the first publication appearing and written notice having been mailed to property
owners or purchasers of record within three hundred feet (300') of the external boundaries of the
property under consideration more than fifteen (15) days prior to said hearing and with the notice
of p ub I ic heari ng havi ng been posted upon the property under consideration more than one week
before said hearing and the copies orall notices were made availabk to ne\VSpapeL radio and
television stations as public service announcements; and the matter having bcen duly considered
by the City Council at the February 3,2004, public hearings; and the applicant, affected property
owners, and government subdivisions providing services within the planningjurisdietion 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 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mai ling, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. This proposcd developmcllt request is in an L-O I.onc and by reason ol'the
provisi ons 0 f the M eridi an Ci ty Code ~ 11 -I 7 -4, a pub lie hem-i ng was reqll i red be fore the Ci t Y
Council on this application.
4. The property is located on the southeast corner of IVlillcnnilll11 'Nay amI Gala
Street, approximately 300 feet south of Overland Road and approximately ~ ofa mile east of'
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PER1VUT
PAGE 2 OF 17
Locust Grove Road, within Section 20, Township 3 North, Rangel East, Meridian, Idaho.
5. The owners of record of the subject property are Dr. Robert Gaudry and Dr. David
Scegcmillcr.
6. Applicant is Dr. Robert Gauchy
7. The subject property is currently zoned L-O. The zoning district of L-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 construct and
operate a dental orfice in an L-O zone. The Resolution Subdivision Planned Development was
eonceptualIy approved without specific uses in 1999 and required a CUP be obtained for all
future, detailed uses.
9. The proposed application is in compliance with the Meridian Comprehensive
Plan. which designates the subject property as High Density Residential.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance, and by the Planned Development of record lor
Resolution Subdivision.
I I. 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 Impact Area Boundary.
12. Giving due consideration to the COITlment received {i'om the governmental
subdivisions providing services in the Cily of Meridian planningjurisdiClion public facilities and
services required by the proposed development will not impose expense upon the public iethe
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDEH
GRANTING CONDITIONAL USE PERMIT
PAGE 3 OF 17
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planningjul-isdiction orthe
City or Meridian, subject to the following:
f\. Adopt the Recom menclations 0 f the Planning ancI Zon i ng Commission as follows:
I. Amend Site Specific Condition #5 on page 6 of the staITreport transmitted on December
31,2003, by changing it to read: The Applicant, in cooperation with SSe. has agreed that
all three potential pad sites will share a single dumpstcr location.
B. Adopt the Recommendations 0 f the Planning ancI Zoni ng and Engi nee ring stan- as mod i f1 cd
by the Commission as follows:
SITE SPECIFIC CONDITIONS
L Applicant shall comply with the conditions of the recorded plat for Resolution Subdivision
and Gaudry Seegmiller Subdivision.
")
The Applicant shall submit a conditional use perlllit for any future buildings on this site (Lot
2, Block I, Resolution Subdivision).
3. Prior to issuance ofa Certificate of Zoning Compliance (CZC), the Applicant shall provide
staff with a copy of a recorded cross-access/parking agreement allowing the lots within
Gaudry Seegmiller Subdivision to use the drive aisles and parking areas proposed. All
parking stalls shall be designed per Ordinance 11-13-4. All two-way drive aisles adjacent to
parking shall be at least 25 feet wide, as proposed.
4. Applicant shall rcvise the submitted Landscape Plan, prcp<lred by Larry Knopp. labeled L I.
and dated 10-10-03, to include one (I) approved tree (minimul1l 2 inch caliper) withill the
planter island near the driveway on Millennium Way. Other than the abovc mentioned
change, the submitted Landscape Plan is approved.
5. The Applicant, in cooperation with SSC, has agreed that an three potential pad sites will
share a single dumpster location.
6. The final plat for Gaudry Seegmiller Subdivision shall be recorded prior to issuance of a
Certificate of Zoning Compliance (CZC).
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL llSE PERMIT
PAGE40F17
ST ANDARD CONDITIONS
1. All exterior lighting, whether attached to the bui Iding or located wi thin the parking lot, shall
be down-shielded or otherwise altered so that the light does not spill over onto adjacent
propertieslright-of-way. All parking lot lighting shall be in accordance with MCC II-13-4C.
2. Per MCC 12-13-7-9, all landscape areas adjacent to driveways, parking lots, or other vchic Ie
use areas, must be protected by curbing, wheel stops, or other approved protective dcviees.
Curbing may be cut to allow for storm water runoff.
3. No bui lcli ng or other structure shall be erected, moved, added to or structurally altered, nor
shall any building structure or land be established or change in use on this site without first
obtaining a certi flcate of zoning compliance (CZC) from the Meridian Planning and Zoning
Department (MCC I] -19-1).
4. A II signage sha 11 be in accordance with the standards set forth in M CC I 1 - 14. A II signs wi II
req uirc a scparate sign perm it in compl iance \vith the sign ordi nance. U nl ess otherwi se
approved, no temlJorary signage, flags, banners or flashing signs will be permitted.
S. An underground, pressurized irri gati on system must be i nsta lIed to all landscape areas pel' the
approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28.
6. All construction nnd site improvements shall confor-m to the requirements of the Americans
with Disabilities Act and the adopted building and fire codes.
7. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing
or lying adjaeent and contiguous to the area being developed shall be tiled per MCC J 2-4-13.
Plans wi II need to be approved by the appropriate i rrigation/drai nage district, or lateral users
association (ditch owners), with written approval or non-approval submitted to the Public
Works Department. Iflateral users association approval can not be obtained, plans will be
reviewed and approved by the City Engineer prior to issuance ofa building permit.
8. A drainage plan designed by a State ofJdaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas.
Storm water treatment and disposal must be designed in accorclanee with Department of'
En vironll1cl1ta I Quali ty 1997 pub I ication Cat a log 0 f Storm Water Best tvl anagclllent Practices
for Idaho Cities and Countics and City of Meridian standards and policies. Off-site disposal
into a surface water is prohibited unless the jurisdiction which has authority over the
receiving stream provides written authorization prior to developmcnt plan approval. Thc
applicant is responsible for filing all necessary applications with the Idaho Departmcnt ai'
Water Resources regarding Shallow Injection Wells.
9. Certificate of Occupancy: All required improvements must be complete prior to obtaining ,1
Certificate of Occupancy for the proposed development. A temporary Certificate or
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 5 OF 17
Occupancy may be obtai ned by provid lng surety to the City in the form of a letter 0 f credit or
cash in the amount of 110% of the cost of the rcquired improvements (including paving,
striping, landscaping, and irrigation). A bid must accompany any request for temporary
occupancy.
10. Sanital'Y sewer and water service shall be Via existing service lines. Applicant shall
coordinate size and rOllting with the Public Works Department.
II. Staffs failure to cite specific ordinance provisions or terms of the approved Resolution
Development or the Gaudry SeegemiIler Subdivision does not relieve the Applicant of
responsibility for compliance.
12. The subject conditional use permit may be revoked or modified by the City Council, upon
notice and hearing, for breach or violation of any condition of approval or I imitation 0 f the
permit (MCCI1-17-11).
13. This conditional use permit shaU be subject to the expiration provisions set forth in MCC 11-
17-4.B.
C. Adopt the Recommendations of the Ada County Highway Dist['ict as follows:
I. Comply with the conditions of MPFP03-002, Gaudry Seegmiller Subdivision, as
approved on April 29, 2003 by the Ada County Highway Dist['ict Commission.
D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1 . If all storm drainage is rctai ned on-si te there \Vi II be no impact on Naill pa &
Meridian Irrigation District and no Curther rcview will bc rcquirecl.
2. If any surface drainage leaves the site, the Nalllpa & lVleridian lrrig81ioll District
requires a Land Use Change Application be filed for review prior to [~Ilal platting.
3. All laterals and waste ways must be protected.
4. The developer must eomply with Idaho Code 31-3805. It is recommended that
irrigation water be made available to all developments within the Nampa &
Meridian Irrigation District.
E. Adopt the Recommendations of the Meridian Fire Department as follows:
I. Provide a fire-flow per the International Fire Code Appendix D to service the project. Fire
hydrants shall be placed an average of 400' apart.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND On.DER
GRANTING CONDITIONAL USE PERMIT
PAGE 6 OF 17
2. All roads internal fire Janes ancl entrances shall have a turning radius of28'
inside and 48' outside.
3. All access roads within the project shall have a clear driving surface with a minimum width of
20' available at all times.
4. Operational fire hydrants and temporary or permanent street Signs are required before
combustible construction begins.
13. It is found that the subject property is large enough to accommodate the required
setbac ks (yards), open spaces, parki ng, landscap i ng and other features req u ired by the ord i nance.
14. The CUlTen! Comprehensi vc Plan Land Use j\ilap dcsignntcs the property as "1-1 igh
Density Residential" and is currenUyzonecl L-O. The Resolution Subdivision project was approved
under the former Comprehensive Plan; the new (2202) Comprehensive Plan does not renect the
approved plans for Resolution Subdivision. It is found that the requested use is in compliance with
the Resolution CPD approved by the City in 2000. The 2002 Future Land Use Map does not
accurately depict the City's approval of retail uses on the subject lot due to an apparent mapping
oversight. This proposal is in compliance with the office land use policies outlined in the
Comprehensive Plan.
]5. It is found that the general design, construction, operation, andlllaintenance of the
P roposcd dental 0 fflce should be cOlllpat i b I e \vi th other uses in the genera I11C ighborhood and
with the existing charaeter of the area. It is acknowledged that the existing character of the area
will, and is, currently changing. It is found that development of this site will not adversely
ehange the essential character of the area.
16. It is not anticipated that the proposed dental office use will adversely aftect
adjacent properties due to the similar uses called for within the L-O zoning designation.
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL lISE PERMIT
PAGE 7 OF 17
17. City water and sewer services run along Millennium Road and are stubbed to this
lol. ACHD stall has approved this application with conditions for driveway
location/construction and their stundard requiremcnts. It is found that the proposed development
can be adequately served by the essential public ["acilities ami services.
18. The developer will be required to finance the extension of sewer, water, utilitics
and pressurized irrigation to serve the project. The primary public costs to serve the site will be
fire and police set-vices. It is found that the proposed dental office use will not be detrimental to
thc economic welfare of the community, nor would it create the need for any new facilities or
scrviees to be paid for by the public.
19. The fact is recognized that traffic and noise will increase with the development of
this site. Although the development of this site will create additional traffic on the surrounding
roadways. it is not belicved that the amount or vehicle trips generated by the proposed
developlll ent would be cletri Illenta I to the overall we 1 l~lre 0 f the pub I ic. co III III utcrs, rcsi dences, or
property in the area. It is not anticipated that the development of this sitc will create exccssive
traffic, noise, smoke, fumes, glare or odors.
20. ACHD staff has reviewed and approved two vehicular approaches to the site Cram
the adjacent roadways. Review of the ACHD report for this project will provide additional
information.
21. It is not found that any natural or scenic feature will be lost, damaged or destroyed
by issuance 0 f this conditional use.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powcrs conferred upon it by the "Local
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
I~AGE 8 OF 17
Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (1.c. 967-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Counci lor the Ci ty of Meriel ian has established by the passage of the "City of Merid ian Zoning
and Development Ordinance" at Titles XI and XII, Chapter 1, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and notice
provision requ ired, provi de for the process 0 f speeial and/or co nd i tiona I 1I se perm its wh ic h a
proposed use is otherwise prohibited by the terms of the ordinance but allo\vcd 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 Couneil 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
that the evidential shovving supports the finding that the following standards are met and that the
proposed development: (Meridian City Code S 11-17-3)
a. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping alld other features as may be required by this Ordinance;
b. That the proposed use and dcvclopment plan will be harmoniolls with the
iV1 ericl i an Comprehensi ve P Ian and in accordance wi th thc rcq u i rements 0 C this Ord i nance:
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 0 f the general
vicinity and that such use will not adversely change the essential character of the same area;
d. That the proposed use, ifit complies with all eonclitions of the approval imposed,
will not adversely affect other property in the vicinity;
FINOINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 9 OF 17
e. That the proposed use will be served adequately by essential public facilities and
serv ices such as highways. streets, schoo I s, parks, po I ice and Ii re protecti on, drai nage structures,
refuse d i sposa I, water, sewer; or that the person responsi ble for the estab I i shill cnt 0 f the proposed
conditional use shall be able to provide adequately any such services;
r. That the proposed use wi II not create excessi ve add i t iona 1 cost far pub I ic
fac i 1 ities and services and wi I I not be detrimental to the econOIll ic wel fare 0 f the co III III un ity;
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 wel fare by reason of excessi ve 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 wi Il not result in the destruction, loss or damage 0 fa
natural, scenic or historic feature considered to be of major importance.
5. Prior to g]:anting a conditional use permit in the L-O zone a public hearing shall
be conducted with notice to be published and provided to property owners or purchasers of
record wi thi n three hu ndred feet (300') 0 f the external boundari es of the land under consi derat ion
for the conditional use permit all in accordance with the provisions ofMet'idian City Code S 11"
17-5 City of Meridian Zoning and Development Ordinance, which providcs as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
COllnci I shall follow notice and hearing procedures provided in Chapter IS 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 PlmUling and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a pub lie hearing and the Council may approve, deny, or modify the
recommend ation 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,
app roved wi th cone! i ti ons or denied. The Com III iss i on sh a 11 ellSll rc t ll<1t ;1I1Y ;1pprovrll or ;1 ppro\';\ 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 10 OF 17
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 ~
I I - I 7 -6 )
7. When the City Coullcil approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
s. Control the sequence and timing oCdevelopment;
C. Control the duration of development:
D. Assure that the development is ma i nta i ned property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Requ ire more restrictive standards than those generally req u ired, in th i s
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LA W, the City Council does hereby ORDER and this does
Onler that:
1. That the above named applicant is granted a conditional use permit to construct
FINDrNGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE II OF 17
and operate a dental office in an L-O zone located on the southeast comer of Millennium Way
and Gala Street, approx imately 300 feet south of Overland Road and approximately Y4 0 f a mile
east of Loeust Grove Road, within Section 20, Township 3 North, Range I East, [vleridian, Idaho,
subject to the following conditions of use and development, subject to the following:
C. Adopt the Recommendations of the Planning and Zoning Commission as follows:
1. Amend Site Specific Condition #S on page 6 of the staff report transmitted on December
3],2003, by changing it to read: The Applicant, in cooperation with SSC, has agreed that
all three potential pad sites will share a single dumpster location.
D. Adopt the Recommendations 0 f the Planning and Zoning and Engineeri ng staff as mod i fi cd
by the Commission as follows:
SITE SPEC! FIC CONDITIONS
I. Appllcant shall comply with the conditions ofthe recorded plat for Resolution Subdivision
and Gaudry Seegmiller Subdivision.
2. The Applicant shall submit a conditional use permit for allY future buildings on this sitc (Lot
2, Block I, Rcsolution Subdivision).
3. Prior to issuance ofa Certifieate of Zoning Compliance (CZC), the Applicant shall provide
staff with a copy of a recorded cross-access/parklng agreement allowing the lots withill
Gaudry Seegmiller Subdivision to use the drive aisles and parking areas proposed. All
parking stalls shall be designed per Ordinance 11-13-4. All two-way drive aisles adjacent to
parking shall be at least 25 feet wide, as proposed.
4. Applicallt shall revise the submitted Landscape Plan, prepared by Larry Knopp, labeled L I,
and dated 10-10-03, to include one (1) approved tree (minimum 2 inch caliper) within the
planter island near the driveway on Millennium Way. Other than the above mentioned
change, the submitted Landscape Plan is approved.
5. The Applicant, in cooperation with SSC, has agreed that all three potential pad sites will
share a single dumpster location.
6. The final pInt for Gaudry Seegmiller Subdivision shall be recorded prior to issuance or Ll
Certificate ol'Zoning Compliance (ClC).
FINDINGS OF FACT AND CONCLUSIONS OF LA \V AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 12 OF 17
STANDARD CONDITIONS
]. All exterior lighting, whether attached to the building or located within the parking lot, shall
be down-shielded or otherwise altered so that the light does not spillover onto adjacent
properties/right-of-way. All parking lot lighting shaI I be in accordance with MCC 11-] 3-4C.
2. Per MCC 12- I 3-7-9, all landscape areas adjacent to driveways, parking lots, orother vehicle
use areas, must be protected by curbing, wheel stops, or other approved protective devices.
Curbing may be cut to allow for storm water runoff.
3. No building or other structure shall be erected, moved, added to or structurally altered, nor
shall any building structure or land be established or change in use on this site \vithout first
obtaining a certificate of zoning compliance (ClC) from the Meridian Planning and Zoning
Department (MCC 11-19-1).
4. All signage shall be in accordance with the standards set forth in MCC ] 1-14. All signs wi II
require a separate sign permit in compliance with the sign ordinance. Unless otherwise
approved, no temporary signage, flags, banners or flashing signs wi II be permitted.
5. An underground, pressurized irrigation system must be installed to all landscape areas per the
approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28.
6. All construction and site improvements shall conform to the requirements of the Americans
with Disabilities Act and the adopted building and fire codes.
7. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing
or lying adjacent and contiguous to the area being developed shall be tiled per MCC 12-4- I 3.
Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users
association (ditch owners), with \-vritten approval or non-approval submitted to the Public
'tV orks Department. I f I ater3 I users assoc i ation app rova I can not be obta i !led, p I ,illS wi 11 be
reviewed and approved by the City Engineer prior to issuance of a building permit.
8. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas.
Storm water treatment and disposal must be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices
for Idaho Cities and Counties and City of Meridian standards and pol icies. 0 ff-site disposal
into a surfaee 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 lnjeetion Wells.
9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a
Certificate of Occupancy for the proposed development. A temporary Certificate of
FlNDINGS OF F.,-\CT AND CONCLUSIONS OF LA W AND DECISION AND ORDElt
GRANTING CONDrTIONAL USE PERfVIIT
PAGE I3 OF 17
Occupancy may be obtained by providing surety to the City in the form 0 r a letter 0 [' credit or
cash ill the amount of 110% of the cost 0 f the req ulred i mprovcmcnts (i nc ludi ng pa vi ng,
striping, landscaping, and irrigation). A bid must accompany allY request Cor tcmporary
occupancy.
10. Sanitary sewer and water service shall be Via eXlstll1g service lines. Applicant shall
coordinate size and routing with the Public Works Department.
11. Staffs failure to cite specific ordinance provisions or terms of the approved Resolution
Development or the Gaudry Seegemiller Subdivision does not relieve the Applicant of
responsibility for compliance.
12. The subject conditional use permit may be revoked or modified by the City Council, upon
notice and hearing, for breach or violation of any condition of approval or limitation ofthe
permit (MCCII-17-11).
[3. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-
I7-4.S.
C. Adopt the Recommendtltions 0 I' the Ada County Highway District as follows;
1. Comply with the conditions ofMPFP03-002, Gaudry Seegmiller Subdivision, as
approved on April 29, 2003 by the Ada County Highway District Commission.
D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
J. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian
Irrig<ltion District and no further review will be required.
2. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District
requires a Land Use Change Applictltion be filed for review prior to final platting.
3. All laterals and vvaste ways must be protected.
4. The developer must comply with Idaho Code 3 I -3805. It is recommended that ilTigation
water be made available to all developments \vithin the Nampa & 1'vleridian Irrigation
Di stri ct.
E. Adopt the Recommendations of the Meridian Fire Department as follows:
I. Provide afire-flow per the International Fire Code Appendix 0 to service the project.
Fire hydrants shall be placed an average of 400' apart.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDJTIONAL USE PERMIT
PAGE 14 OF 17
2. All roads internal fire lanes and entrances shall bave a turning radius of28'
inside and 48' oLltside.
3. All access roads within the project shall have a clear driving surr~lCe with a minimum
width 01'20' available at all times.
4. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
S I ! -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 thc 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
eopy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
Works Department and any affected party req uest i ng notice.
NOTICE OF EIGHTEEN (18) MONTI-l CONDITIONAL USE PERi\IIT DURATION
Please take notice that the conditional use permit shall be valid for a maximum period or
eighteen (18) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as permitted in accordance with the conditions of approval,
sat i sfy the req uirements set forth in the cond itions of approval, acqu ire bui ldi ng perm i ts and
commence constructi on of permanent footi ngs or structures on ori n the ground. In this contex t
"structures" shall i ncIude sewer and water lines, streets or bu i Id i ng construction. The app licant
has spec i fi ed in the app Iicatioll and to the comll1 ission and counci I a constructio n sehedul e and
eompletion elate for the project. If the completion date specified for the project is exceeded. the
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 15 OF 17
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multi pie phases, the ei ghteen (I 8) month deadl ine sha II app ly to
the !irst phase. In the event thllt the developmcnt is made in sllccessive contigllolls segments 01"
multiple phases, such phases shall be constructed within successive intervals of one year from the
original date of appro va] by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
4.B.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
rcquest a regulatory taking analysis. Such request must be in writing, andmLlst be filed with the
City Clerk not more thlln twenty-eight (28) clays after thc final decision conccming the matter al
issue. A request for a regulatory takings analysis will toll the time period within which a Pctitiol1
for Judieial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an
interest in real property which may be adversely affected by the issuance or denial of the
conditional use pern1it approval may within twenty-eight (28) days after the date of this decision
and order seek ajuclicial review as provided by Chapter 52, Title 67, Idaho Code.
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL lJSE PERMIT
PAGE 16 OF 17
By action ofthc City Council at its regular meeting held on the
f'
/7 !;;.-. day of
~6mtuq
r ..t:. 7T ' 2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
YOTED$!-C
YOTED$d.--
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
VOTED~
COUNCILMAN KEITH BIRD
YOTED~
rvIA YOR T A1VIMY de WEERD (TIE BREAKER)
DATED: 2~l7-0 4-
-
VOTED
MOTION: V
APPROVED:~
DISAPPROVED:
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William G. Berg, Jr., Ciy Clerk ,_ '(,~. h~VO j
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Copy served upon Applicant, Planning".<j.Hg:eonirrg'Q~Jl.:,i-rtment, Public Works
Department and the City Attorney. I'ii,;..." ".",'\
Attest:
ByJ4...:. /d~--l' 9-.
City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 17 OF 17
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OFTHE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A DENTAL
OFFICE IN AN L-O ZONE,
LOCATED ON THE SOUTHEAST
CORNER OF MILLENNIUM WAY
AND GALA STREET,
APPROXIMATELY 300 FEET
SOUTH OF OVERLAND ROAD
AND APPROXIlVIATELY Y.t OF A
rvIlLE EAST OF LOCUST GROVE
ROAD, WITHIN SETION 20,
TOWNSHIP 3 NORTH, RANGE 1
EAST, MERIDIAN, IDAHO
DR. ROBERT GAUDRY,
APPLICANT
C/C 02/03/04
)
)
)
)
)
)
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)
)
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)
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)
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Case No. CU P-03-061
ORDER GR/-\NTINC
CONDITIONAL USE PEH.J\IIT
1. This malleI' coming before the City Council on February 3.2004. L1ndcr thc
provisions of Meridian City Code S 11-17-4 for final action on conditional Lise 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 eonstruct
and operate a dental office in an L-O zone located on the southeast corner of Mi Ilennium Way
and Gala Street, approximately 300 feet south of Overland Road and approximately y,; of a mile
east of Locust Grove Road, within Section 20, Township 3 North, Range 1 East, Meridian, ldaho,
ORDEH. CONDITIONA L USE PERMIT
(CUP-03-061)
PAGE] OF7
subject to the following conditions of use and development:
A. Adopt the Recommendations of the Planning and Zoning Commission as follows:
l. Amend Site Specific Condition #5 on page 6 of the staff report transmitted on December
31, 2003, by changing it to read: The Applicant, in cooperation with sse, has agreed that
all three potential pad sites will share a single dumpster location.
S. Adopt the Recommendations of the Planning and Zoning and Engineering staffas modified
by the Commission as follows:
SITE SPECIFIC CONDITIONS
I. Applicant shall comply with the conditions of the recorded plat for Resolution Subdivision
and Gaudry Seegmiller Subdivision.
2. The Applicant shall submit <1 conditional use penllit for any I'ulure buildings on this sitc (Lot
2, Block I, Resolution Subdivision).
3. Prior to issuance ofa Certificate of Zoning Compliance (CZC), the Applicant shall providc
staff with a copy of a recorded cross-access/parking agreement allowing the lots \vithin
Gaudry Seegmiller Subdivision to llse the drive aisles and parking areas proposed. All
parki ng stalls shall be designed per Ordinance 11-13 -4. All two-way dri ve aisles adj acent to
parking shall be at least 25 feet wide, as proposed.
4. Applicant shall revise the submitted Landscape PIan, prepared by Larry Knopp, labeled L 1,
and elated 10-10-03, to include one (I) approved tree (minimum 2 inch caliper) within the
planter island near the driveway on Millennium Way. Other than the above mentioned
change, the submitted Landscape Plan is approved.
5. The Applicant, in cooperation with sse, has agreed that all three potential pad sites wi II
share a single dumpster 10eatiol1.
(). The final pIal for Gaudry Seegmiller Subdivision shall be recorded prior to issuance ot' ~l
Certi ricatc of Zoning Compliance (CZC).
STANDARD CONDITIONS
I. All exterior lighting, whether attached to the building or located within the parking lot, shall
be down-shielded or otherwise altered so that the light does not spillover onto 8djacent
ORDER CONDITIONAL USE PERMIT
(CUP-03-061)
PAGE20F7
propcrties/right-oC-way. All parking lot lighting shall be in accordance with iVICC 11-13-4C.
2. Per M CC 12-13 -7 -9, all landscape areas adjacent to dri veways, parki ng lots, or other veh ic Ie
use areas, must be protected by curbing, wheel stops, or other approved protective devices.
Curbing may be cut to allow for storm water runoff.
3. No building or other structure shall be erected, moved, added to or structurally altered, nor
shall any building structure or land be established or change in use on this site without first
obtaining a certificate of zoning compliance (CZC) from the Meridian Planning and Zoning
Department (MCC 11-19-1).
4. All signage shall be in accordance with the standards set forth in MCC 11-14. All signs will
require a separate sign pellllit in compliance with the sign ordinance. Unless otherwise
approved, no temporary signage, flags, banners or flashing signs will be permitted.
5. An undergrou nd, pressurized irrigation system must be installed to all landscape areas per the
approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28.
6. All construction and site improvements shall eon form to the requirements of the Americans
with Di sabi I i ti es Act and the adopted buildi ng and fi rc codes.
7. All irrigation ditches, laterals or canals, exclusive of'natural \vaterways, intersecting, crossing
or lying adjacent and contiguous to the area bei ng developed shall be ti led per rvI CC 12-4-13.
Plans will need to be approved by the appropriate irrigation/drainage district, or latcraluscrs
association (ditch owners), with written approval or non-approval submitted to the Public
Works Department. Iflateral users association approval call not be obtained, plans will be
reviewed and approved by the City Engineer prior to issuance of a bu i Idi ng permi 1.
8. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and
shaI I be submitted to the City Engineer (Ord. 557, 10-1-91) for al I off-street parking areas.
Storm water treatment and disposal must be designed in accordance with Department of
Environmental Quality 1997 publieation Catalog of Storm Water Best Management Practices
for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal
into a surface water is prohibited unless the jurisdietion 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.
9. Cer.tificate of Occupancy: All required improvements must be complete prior to obtaining a
Certi ficate of Occupaney for the proposed development. A temporary Ccrti ricate or
Occupanc y may be 0 btained by provi ding surety to the City in the form 0 r ~\ letter 0 I' crell i ( or
eash in the amount of] 10% of the cost of the required improvements (including paving,
ORDER CONDITIONAL USE PER!vIIT
(CUP-03-061)
PAGE 3 OF 7
<
striping, landscaping, and irrigation). A bid must accompany any request for temporary
occupancy.
10. Sanitary sewer and "vater service shaH be via eXistIng service lines. Applicant shall
coordinate size and routing with the Public Works Department.
] I. Staff's failure to cite speci fie ordinance provisions or terms of the approved Resolution
Development or the Gaudry Seegemiller Subdivision does not relieve the Applicant or
responsibility for compliance.
12. The subject conditional use permit may be revoked or modified by the City Council, upon
notice and hearing, for breach or violation of any condition 0 l' approval or limi tation 0 r the
permit (MCC 11-17-11).
13. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-
I7-4.B.
C. Adopt the Recomri1endations of the Ada County Highway District as follows:
I. Comply with the conditions ofMPFP03-002, Gaudry Seegmiller Subdivision, as
approved on April 29, 2003 by the Ada County Highway District Commission.
D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
I. If all storm drainage is retained on-site there will be no impact on Nampa &
iVI eridi an Irrigation District and no further review wi II be req ui red.
2. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District
requires a Land Use Change Application be filed for review prior to final platting.
3. All laterals and waste ways must be protected.
4. The developer must comply with Idaho Code 31-3805. It is recolllmended that
irrigation water be made available to all developments within the Nampa &
Merid i an Irrigation District.
E. Adopt the Recommendations ofthe Meridian Fire Department as follows:
1. Provide afire-flow per the International Fire Code Appendix D to service the project. Fire
hydrants shall be placed all average of400' apart.
2. All roads internal fire lanes and entrances shall have a turning radius of28'
ORDER CONDITIONAL USE PERMIT
(CUP-03-061)
PAGE40F7
inside and 48' outside.
3. All access roads within the project shall have a cleaf driving surface with a minimum width of
20' available at all times.
4. Operational fire hydrants and temporary or permanent street Signs are required before
combustible construction begins.
3. The above conditions are concluded to be reasonable and the applicant shall meet
sllch requirements as a condition of approval of the application for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable without
complying ,vith the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to
this permit.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT
DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
cighteen (18) months unless otherwise approved by the eouncil. During this time, the permit
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the req ui remel1ts set forth in the conditions of approval, acquire building permi ts and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" sh a II i nc lude sewer and water lines, streets or bu dd ing construction. The app I icant
has spec ifi cd in the app I ication and to the comm issi 0 11 and cou nc i I n construction schedule and
complction datc for the project. If thc completion date specified for the project is exeeeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city couneil review. The application for time
ORDER CONDITIONAL USE PERMIT
(COP-03-061)
PAGESOF7
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed wi th i n sLLccessi ve intervals 0 f one year from the
original date of approval by the council. If the sllccessive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. (MCC J 1-17-
4.8.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-S003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the nwtlel" at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Plcase takc noticc that this is a final action of the governing 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 this decision may, within twenty-
eight (28) days after the date of this decision and order, seek ajudicial review as provided by
Chapter 52, Title 67, Idaho Code.
ORDER CONDITIONAL USE PERMIT
(CUP-03-061)
.PAGE 6 OF 7
By action of the City Council at its regular meeting held on the
/7 f'!:- day of
Fe6ru 4?--
,2004.
Attest:
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ORDER CONDITIONAL USE PERMIT
(CLJP-03-061)
PAGE 7 OF 7
February 12,2004 PP 03-040
MERIDIAN CITY COUNCIL MEEfING February 17, 2004
APPLICANT Idaho Central Credit Union ITEM NO. S .. F
REQUEST Findings - Request for Preliminary Plat approval of 5 building lots on 3.49 acres
in an L-O zone for Financial Plaza Subdivision - 2225 East Overland Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SEITLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Findings
~.
Contacted:
Emailed:
Date:
Stoff Initials:
Phone:
Materials presented at public meellngs shall become property of the City of Meridian.
interoffice
MEMORANDUM
-
1
City lVlerjclian
(~-i1-,~y (~'((Jtk 0fl2C~C
To:
William G. Berg, .II'.
From:
Wm. F. Nichols
Subject:
Financial Plaza Subdivision
File:
PP-03-040
Date:
February 10, 2004
Will:
Please find'attaehecl the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROY AL OF
PREUMINARY PLAT, pursuant to action of the Council at their February 3,2004 meeting. The
Findings will be on an upcoming Council agenda.
Please serve conformed copies of the Findings upon the Applicant anclthc
Planning and Zoning Department, Public Works and the City Attorney office. if Council
approves the Findings.
If you have any questions arise please advise.
Z\Work'd'vI\i'vlcridi~n\Mcridi~n 15360M\Fin~nci~1 Plaz~ Sub PP-03-040\ElergPrePblI'vlEI'vlO 02 10 04.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR FINANCIAL PLAZA
SUBDIVISION FOR 5 BUILDING
I,OTS ON 3.49 ACRES IN AN L-O
ZONE LOCATED AT 2225 EAST
OVERLAND ROAD, MERIDIAN,
IDAHO
BY: IDAHO CENTRAL CREDIT
UNION,
APPLICANT
cle 02103!O4
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Case No. PP-03-040
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 February 3, 2004, and Anna Powell Planning Director for the Planning and Zoning
Department, and Gordon Anderson, appeared and testified, and the City Council having received
<l report from Wendy Kirkpatrick for the Planning and Zoning Department, and Bruce Freckleton.
Engineering Technician Ill, and the City Council having received as part of the record of this
matter the recommendation to City Council of the Planning and Zoning Commission and the
applicant having submitted the "FINANCIAL PLAZA SUBDIVIS rON, BLOCK 3,
RESOLUTION SUBDIVISION NO.1, NW Y4 OF SECTION 20, T.3N., R. [E., 8.M.,
PRELIMINARY PLAT, CITY OF MERIDIAN/ADA COUNTY IDAHO, PROJECT NO. 03-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELJMINAR Y PLAT
FINANCIAL PLAZA SUBDIVISION / (PP-03-040)
1
163, DRAWING FILE NAME: 03163TP1.DWG, SHEET 1/1 #1, DESIGNED BY: GNA,
ORA WN BY: .lEe PLOT DATE: 10/15/03, HANDWRITTEN DATE: 12 NaY 03,
ANDERSON-DA vm & ASSOCIATES, INC. - LAND SURVEYING SER VICES", Idaho
Central Credit Union, Developer, submitted for preliminary plat approval and which prelimin,lry
plat for approval application is herein received and adjudged by the City Counci I pursuant to
Meridian City Code 9 12-3-3. Therefore the City Council makes the follo\ving findings:
FINDINGS OF FACT
I. That the pwposed development is in conformance with the Amended
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
Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the
property is presently zoned L-O, and requires connection to the Municipal Water and Sewer
System. [Meridian City Code ~ 11-7-2 G]
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382. The Future Land Use Map
depicts the property as "Commercial" which allows for the proposed commercial subdivision and
the recently approved CUP for Idaho Central Credit Union.
3. It is determined that Urban Services can be made available to accommodate the
proposed development if the plat eomplies with the requirements and conditions hereinafter set
forth as eonditiolls of preliminary plat approval.
FINDINGS OF FACT AND CONCLUSIONS OF LA \\1 AND ORDER
OF CONDfTI0NAL APPROVAL OF PRELIMINARY PLAT
FfNANCIAL PLAZA SUBDIVISION I {PP-03-040)
2
4. The proposed development is a continuity ofthe proposed development within the
City's Capital Improvement Program and if the conditions, which are requested by the Planning
and Zoning Administrator and the Engineering Technician III, and as proposed by the developer
as stated on the preliminary plat, there will be public financial capability of supporting services
for the proposed development.
S. The development ifbuilt in accordance with the conditions and as proposed, will
not create health, safety or environmental problems and there have been no speci l~cs of any such
concerns b rOllght to the COllnc iI's attention. Since the proposed subdi visi on is a resubdi vis i on 0 r
a recently platted lot, services are already available to this site.
6. It is found that the Recommendation To City Council of tile Planning and Zoning
Comm ission is reasonable and appropriate for the condi tions of approval 0 r the prcli mi nary plat
as hereinafter set forth.
7. The applicant has submitted for consideration of this approval drawing the
"FfNANCIAL PLAZA SUBDIVISION, BLOCK 3, RESOLUTION SUBDIVISION NO. 1, NW
I~ OF SECTION 20, T.3N., R.I E.. B.M., PRELIfvITNARY PLAT, CITY OF MERIDIAN/AD.A
COUNTY IDAHO, PROJECT NO. 03-163, DRA\NlNG FILE NA1VlE: 03l63TPl.DWG,
SHEET 1/1 #1, DESIGNED BY: GNA, DRAWN BY: .fEC, PLOT DATE: 10/15/03,
HANDWRITTEN DATE; 12 NOV 03, ANDERSON-DAVID & ASSOCrA TES, INC ~ LAND
SURVEYING SERVICES".
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
FINANCIAL PLAZA SUBDIVISION / (PP-03-040)
~
J
DECISION AND ORDER
Pursuant to the City Council's authority as provided in IVleridian City Codc ~ 12-3-5 and
based upon the above and foregoing Findings of Fact which arc hcrcin adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by having submitted the
"FINANCIAL PLAZA SUBDIVISION, BLOCK 3, RESOLUTION SUBDIVISION NO.1, NW
~/~ OF SECTION 20, T.3N., R.lE., 8.M., PRELIMINARY PLAT, CITY OF MERIDIAN/ADA
COUNTY IDAHO, PROJECT NO. 03-163, DRAWING FILE NAME: 03163TPl.DWG,
SHEET III #1, DESIGNED BY: GNA, ORA WN BY: JEC, PLOT DATE: 10/15/03,
HANDWRITTEN DATE: 12 NOV 03, ANDERSON-DA VID & ASSOCIATES, INC. - LAND
SURVEYING SERV1CES", Idaho Central Credit Union, Developer 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 stall
as follows:
SITE SPECIFIC COMMENTS (preliminarv plat)
I. Sanitary sewer and water service to this site shall be via main line extension from
the existing mains adjacent to the property. Subdivision designer to coordinate main
sizing and routing with the Public Works Department.
2. Submit all updated groundwater/soils monitoring data to the Public Works
Department for review. The original study report indicates that shallow
groundwater may be a factor. All draimlge areas (detention/retention basins) must
be designed to ensure that water is retaincd only during 1 aO-year storm events,
and for a period 0 f time not to exceed 24 hours. Side slopes wi th i n drai nage
areas shall not exceed 3: 1. The project cngineer should pay closc attention to the
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
FINANCIAL PLAZA SUBDIVISION / (PP-03-040)
4
results offield studies determining the groundwater, soil type & and
characteristics during the design and construction phases. The engineer shall be
required to certify that the street centerline elevations are set a minimum ofJ-feet
above the highest established normal groundwater elevation.
3. Ad rainage plan designed by a State of Idaho licensed architect or engincer is
required and shall be submitted to the City Engineer (Orc!. 557, 10-1-91) for all off-
street pa rk i ng areas. Storm water treatlll ent and cI i sposa I must be dcsigned in
accordance with Department ofEnvironlllental Quality 1997 publication Catalog or
Storm Water Best Management Practices far Idaho Citics <Jnd Counties and City or
Meridian standards and policies. Off-site disposal into surface water is prohibited
unless the j urisclictiol1 which has authori ty over the rccei vi ng strcam prov ides
written authorization prior to development plan approval. The applicant is
responsible for filing all necessary applications with the Iclaho Department of Water
Resources regarding Shallow Injection Wells.
4. Submit a eopy oftbe Ada County Street Name Committee's approval letter far the
subdivision name, and the lot and block numbering. Make any corrections
necessary to conform.
5. Coordinate fire hydrant placement with the City of Meridian Public Works
Department and the City of Meridian Fire Department.
6. 2S0-walt and 100-watt, high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be
i nsta Ilcd at su bdi v ider's expense. Typicallocati ons are at street intcrsecti ons and/or
firc hydrants. Final design locations and quantity are determined after power
designs arc completed by Idaho Power Company. The street light contractor shall
obtain design and permit from the Public Works Department prior commencing
insta II ations.
B. Adopt the recommendations of the Ada County Highway District as fallows:
Site Specific Conditions of Approval
I. In accordance with District policy and the site-specific conditions of approval tar
Reso lution Subdivision the appl icant shall construct a 36-foot wide (maxim um) curb
return driveway on Millennium Way located 17S-feet south of Overland Road as
proposed. Pave the driveway to its full-required width and to a point 30-feet beyond
FrNDlNGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
FINANCIAL PLAZA SUBDIVISION / (PP-03-040)
5
the edge of pavement of Millennium Way with IS-foot curb radii pavement tapers
abutting the existing roadway edge.
2. In aecordance with District policy and the site-specific conditions of upprov~ll for
Resolution Subdivision the applicant shall construet a 36-toot wide (maximum) curb
cut driveway on Gala Street located ISS-feet east of the intersection \vith
Millennium Way as proposed. Pave the driveway to its full-required width ,md to ~l
point 30-feet beyond the edge of pavement of Gala Street.
3. In accordance with District poLicy and the site-specific conditions of approval for
Resolution Subdivision the applicant shall construct a 36-foot wide (maximum) curb
cut driveway on Gala Street located 295-feet east of the intersection of with
Millennium Way as proposed. Pave the driveway to its fulf-required width and to a
point 30-feet beyond the edge of pavement of Gala Street.
4. r n aecordunce with Distri ct po I i cy anel the si te-spec i fie condi ti ons 0 f approval lor
Resolution Subdivision the npplicant shall construct a 36-foot wiele (maximum) curb
cut driveway on Celebration A venue loeated I OO-feet north of the intersection of
Gala Street as proposed. Pave the driveway to its full-required width nnd to a point
30-feet beyond the edge of pavement of Celebration Avenue.
S. In accordance with District policy and the si te-speci fie cond itions 0 f approva I for
Reso luti on Su bel i vi sion the applicant shall construct a 36- foot wide (milx i III Ulll) curb
Cllt driveway on Celebration A venue located 74- feet south 0 f Overland Road as
proposed. Pave the driveway to its full-required wielth and to a point 30-fect beyond
the eelge of pavement of Celebration Avenue.
6. Other than the access point(s) specifically approved with this application, direct lot
or parcel access to Overland Road and Millennium Way is prohibited. Lot access
restricti OilS, as requi red wi th this application, shall be stated on the final p I at.
7. Comply with all Site-Specifie Conditions of Approval for Resolution Subdivision.
8. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
I. Any existing irrigation facilities shall be relocated outside of the right-or-way.
7 All utility relocation eosts associated with improving street I'rontages abutting the
si te shall be borne by the developer.
FLNDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
FINANCIAL PLAZA SUBDIVISION / (PP-03-040)
6
3. Replace any existing damaged curb, gutter and sidewalk and any that 111ay be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (withfi!e number) for details.
4. Utility street cuts in pavement less than five years old arc not allowed unless
approved i 11 wri ting by the District. C ontac t the Distri ct' s Uti I ity Coord i n<1tor at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certi fy all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of'
bu jId ing permit (or other req uired permi ts), which incorporates any req uired design
ehanges.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
npproval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance # 198, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to veri fy all existing uti [ities within the right-
of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) ~lt
least two full business days prior to breaking ground within ACI-IO right-of-way.
The applicant shall contact ACHD Traffic Operations 387-6 I 90 in the event any
ACHD conduits (spare or filled) are compromised during any phase of'collstntclioll.
10. No change in the terms and conditions of this approval shall be valid unless they arc
in writing and signed by the applicant or the applicant's authorized representative
and an authorized representative ofthe Ada County Highway District. The burden
shall be upon the applicant to obtaill written confirmation of any change from the
Ada County Highway District.
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
FINANCIAL PLAZA SUBDIVISION / (PP-03-040)
7
1 I. 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 reliefis granted pursuant to the lavv in effect at the time
the change in use is sought.
C. Adopt the recommendations of the Meridian Fire Department as follows:
I. Provide a fire-flow per the international Fire C ode A ppenclix D to service the
project. Fire hydrants shalt be placed an average 01' 400' apart.
2. All internal roads shall have a turning radius of 28' inside and 48' outside.
3. All access roads \vithin the project shall have a clear driving service \vith a
minimum width of20' available at all times.
D. Adopt the recommendations of the Nampa-Meridian Irrigation District as follows:
I . If all storm drainage is retained on-si te there wi 11 be no impact on N ampa &
Meridian Irrigation District and no further review will be required.
2. If any surface drainage [eaves the site, the Nampa & Meridian irrigation District
requires a Land Use Change Application to be filed for review prior to final platting.
3. All laterals and waste ways must be protected. The developer must comply with
Idaho Code 31-3805.
E. Adopt the Recommendations of the Central District Health Department:
I. This proposal can be approved (or central sewage & centra! water after wrilten
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the ldaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
FINANCIAL PLAZA SUBDIVISION / (PP-03-040)
8
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and slIrhlce water quality.
5. The Engineers and architects involved with the design or the subject project shall
obtain current best management practices for stormwater disposal and design :1
stormwater management system that prevents grounchvatcr and surface water
degradation.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to ldaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must bein writing, and must be
filed with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition 1'01' Judicial Review may be filed.
Please take notice th8t this is a final action or the governing body or the City or
Meridian, pursuant to Idaho Code 9 67-6521. An affected person bei ng a person who has
an interest in real property which may be adversely affected by this decision may, within
twenty-eight (28) days after the date of this decision and order, seek ajudicial review as
provided by Chapter 52, Title 67, Idaho Code.
/71'6:.-
By action of the City Council at its regular meeting held on the ~
day of ;:::e6J-1A-,Ct../7..-;;__, 2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
V OT ED --fjJ!...<<-
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER
OF CONDITIONAL APPROVAL OF PRELllvIINAR Y PLAT
FINANCIAL PLAZA SUBDIVISION / (PP-03-040)
9
COUNCILMAN BILL NARY
VOTED~
COUNCILMAN CHARLIE ROUNTREE
VOTED~
COUNCILMAN KEITH BIRD
VOTED$t<-
l'vIA YOR TAMMY de WEERD
(TIE BREAKER)
-
VOTED
Attest:
~
-
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Byd/;u.~ft-~
City Clerk
2-/1..-tl4: SEAL
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FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINAR Y PLAT
FINA NCIAL PLAZA SUBDIVISION / (PP-03-040)
10
February 12, 2004
MERIDIAN CITY COUNCIL MEETING February 17,2004
APPLICANT Carl and Bonnie Reiterman ITEM NO.
AZ 03-034
$-Cr
REQUEST Findings - Request for annexation and zoning of 11.31 acres from RUT to R-8
and L-O zones for proposed Razzberry Crossing - south of East McMillan Road and west of North
Locust Grove Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
See attached Findings
~~
See attached letter from Terri Ingram
OTHER:
Contacted:
Emalled:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
BEFORE THE MERIDIAN CITY COUNCIL
CIC 02/03/04
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION )
AND ZONING OF 11.31 ACRES )
FOR PROPOSED RAZZRERRY )
CROSSING SUBDIVISION, )
LOCATED ON THE \VEST SIDE OF )
LOCUST GROVE ROAD, SOUTH )
OF McMILLAN ROAD~ MERIDIAN, )
IDAHO )
)
CARL AND BONNIE REITERMAN, )
APPLICANT
Case No. AZ-03-034
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 February 3,2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the
Planning and Zoning Department, Wayne Forrey, Terri Ingram, Mike Ingram, Wyoma Ham.
Marv Thorne, and Rick McGraw, 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 99 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1.
2. The City Council takes judicia] notice of its zoning, subdivision and development
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND OHDER GRANTING APPLICATION
FOR ANNEXATION AND ZONLNG RAZZBERRY CROSSING SUBDIVISiON
(AZ-03-034 )
PAGEIOF19
ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, 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, is approximately 11.31 acres in size and is located on the
west side of Locust Grove Road, south of McMillan Road, Meridian, Idaho, all within the Area
of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in
the Meridian Comprehensive Plan.
4. The owners of record of the subject property are Carl and Bonnie Reitcrman.
Applicants are the same as owners.
5. The propeliy is presently zoned RUT.
6. The Applicant requests that 8.1 acres of the property be zoned as R-8 and 3.3]
acres of the property be zoned as L-O.
7. The subject property is bordered to the north by Havasu Creek Subdivision (RA),
to the south by HavaSLl Creek Subdivision (R-4), to the east by Havasu Creek Subdivision (R-4),
and to the west by single fami Iy residential zoned R-l (Ada County).
8. The Applicant proposes to develop the subject property in the following manner:
as a Planned Development with 34 residential building lots, 4 professional office lots, and 6 other
lots.
9. The Applicant requests zoning of the subject real property as R-8 and L-O, which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map, which
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ-03-034)
PAGE 2 OF 19
designates thc subject property as Mixed Usc Ncighborhood.
10. There are no significant or scenic features of major importance that affect the
consideration of this application.
I I. Giving due consideration to the comments received from the
governmental su bd i visions provid ing services j n the City of Met'id ian plann ing j u risd i ct ion,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development afe imposed:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
I. Delete second sentence of comment 1 on page 4.
B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
I. The legal description submitted with the application appears to meet the requirements of the
City of Meridian and State Tax Commission, however it describes the overall boundary of
the land to be annexed, not caeh individual zoning boundary. The applieant shall be required
to submit new legal descriptions that describe each of the two zones requested. Submit the
new legal descriptions to the Public Works Department for review prior to this application
being heard by the Meridian City Council.
C. Adopt the recommendations of the Ada County Highway Distfict as follows:
A. Special Recommendation to the City of Meridian
Because the I-acre parcel adjacent to the northeast corner of the site is an "out parcel,"
the District can not require the applicant to construct sidewalk abutting that I-acre parcel
because it is not a part of the subdivision plat. The District does however recognize that
there are a number of schools in the area and that pedestrian safety is a coneern.
Therefore the District is making a special recommendation to the City of Meridian that
the applicant be required to construct a 5-foot wide concrete sidewalk along Locust Grove
to connect to the sidewalk that is required to be constructed along Locust Grove with this
application. There is sufficient existing right-of-way for the construction of the sidewalk
on the out parcel; the face of the sidewalk would need to be located 28-feet from the
centerline in the existing 33-feet of right-of-way. If this additional sidewalk is
constructed, there will only remain approximately I70-feet of frontage on Locust Grove
FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND DECISION AND ORDER GRANTING APPLlCA nON
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ-03-034)
PAGE 3 OF 19
in need of sidewalk in order to connect to Havasu Creek Subdivision.
B. Site Specific Conditions oj Approval
I. The applieant shall do one of the following:
a. Dedicate by donation a total of 35-feet of right-of-way along Locust Grove Road, and
construct a minimum 5-foot wiele eonerete sidewalk along Locust Grove Road, located a
2-feet within the new right-of-way.
b. Do not dedicate additional right-of-way, but construet a minimum 5-foot wide concrete
sidewal k along Locust Grove Road, located a 111 in imum 0 f 28-feet from the centerl i ne of
the right-of-way, in an easement provided to the District.
c. Do not dedicate ndditional right-of-way, but construct a minimum 5-foot wide concrete
side\valk along Locust Grove Road, located at the back edge of the existing right-or-way.
Accomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
2. Construct West Star Lane, west of Locust Grove approximately 470-feet west into the site
(or up to the westernmost commercial driveway on West Star Lane), as a 40-foot street
section with curb, gutter, and 4-foot detached concrete sidewalk and 5-foot landscaping
strip within 54-feet of right-of-way in accordance with district policy for commercial
roadways.
3. Construct West Star Lane, west of the last commercial driveway as a 29-foot street
section with curb, gutter, and concrete sidewalk within 50-feet of right-of-way as
proposed.
4. Construct North Heritage View Avenue, Reiterman Avenue, and North Heritage Woods
A venue as 29-foot street sections with curb, gutter, and concrete sidewalk within 50-feet
of right-of-way as proposed.
5. Construct 4-foot detached concrete sidewalks wi th 5- foot lanclscapi ng stri ps abutti ng a II
of the internal roadways as proposed.
6. Install a sign at the terminus of the stub streets stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE."
7. Comply with all Standard Conditions of Approval.
C. Standard Conditions oj Approval
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLTCA TION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ-03-034)
PAGE4 OF 19
I. Any existing itTigation hlcilities shall be relocated olltside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shal I be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
). 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 appl icant shall subm i t revised plans for staff approval, prior to issuance of bu i lei i ng
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 ofapplieable road impact fees are required prior to building construction in
accordance with Ordinance #198, 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. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACHD right-of-way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
] O. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representati ve of the Ada County Highway Di strict. The burden shall be upon
the appl icant to obtain written con flt-mation of any change from the Aela County H igh\vay
District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLlCA TION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ-03-034)
PAGE 5 OF 19
I]. 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 fOfce at the time the applicant Of its
successors in interest ad vises 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 reI ief
is granted pursuant to the law in effect at the time the change in use is sought.
O. Adopt the recommendations oFthe Meridian Firc OepZlrtment as follows:
1. Provide a fire-flow per the International Fire Code Appendix 0 to service the project. Fire
hydrants shall be placed an average of 400' apart.
2. All roads internal fire lanes and entrances shall have a turning radius of 28'
inside and 48' outside.
3. All access roads within the project shall have a clear driving surface with a minimum width of
20' available at all -times.
4. Operational fire hydrants and temporary or permanent street SIgns are required before
combustible construction begins,
S. All streets shall be posted "No Parking Fire Lane" and all curbs painted red..
E. Adopt the recommendations 0 f the Sett ler' s Irrigation District as fo Ilows:
I. All irrigation / drainage facilities along with their easements must be protected and continue
to function. The facilities involved are the Parkins-Nourse Lateral and the Heritage Drain.
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of any S.LO.
faci lities.
4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping mllst
be approved by Settlers Irrigation District.
5. All storm drainage must be retained on-site.
6. The development must supply irrigation access to all lots within the above-mentioned
subdivision. If the developef wishes to have Settlers Irrigation District own, operate, and
maintain the pressure irrigation system an agreement needs to be in place prior to the pre-
construction meeting.
7. Aecording to the application, it is proposed that the subdivision will access a pressure
irrigation stub f)'om the existing Havasu Creek Subdivision's pressure irrigation system. SID
has no objections to this proposal as long as the system is installed to our standards and
speci fications, and the developer ofHavasu Creek is agreeable allow connection since SID as
FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND DECISION AND ORDER GRANTING APPLiCATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ-03-034)
PAGE 6 OF 19
not assumed ownershi p of the system to date.
F. Adopt the Recommendations of Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
') The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stonmvater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevenl impact to groundwater and sllrface water quality.
S. Thc Engi neers and architects i nvo 1 ved with the design 0 f the sub j ecl proj eel shall obtai n
current best management practiees for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
G. Adopt the action of the City Council taken at their February 3, 2004 meeting as follows:
For clarification:
1. ACHD' s special recommendation asked the City to require the developer to put curb,
gutter, and sidewalk on the parcel, but because the proposed property was not part of
the annexation request, and is not part of the plat request, this pareel shall remain a
county property unti I such time as they want to develop it.
2. For the corresponding preliminary plat application, PP-03-039, it shall be required
that prior to Final Plat submittal the applicant must receive approval from the
Meridian Fire Department for parking on one side of the proposed street sections
west of the landscape buffer dividing the residential development from the proposed
Light Onice development. This may require a revised street section.
3. For the corresponding conditional Lise permit application, CUP-03-062, the Light
Office development will require detailed Conditional Use approval.
4. Before submittal ofthe Final Plat, the developer shall obtain the necessary easements
and/or other written evidence of permission to install the curb, gutter 8nd sidewalk
along Locust Grove Road, which would be on an out parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ-03-034)
PAGE 7 OF 19
5. The applicant shall be requlred to provide 47 Y2 feet for street frontage.
6. The Meridian Fire Department has required the removal of the landscape island in the
center of the street to allow better access for fire trucks in the subdivision.
12. It is found that the requested zoning designations ofR-S and L-Q are harmonious with
and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which
designates the land to be "Mixed Use Neighborhood". The subject property is located at the northern
edge ofa Neighborhood Center designated on Meridian's Future Lane Use Map.
13. The area has been designated as a Mixed Use Community area 111 Meridian's
Comprehensive Plan. These Comprehensive Plan designations in combination with the
Neighborhood Center designation on Meridian's Future Land Use Map make the proposed zon i ng 0 f
the property compatible with surrounding land uses and the City of Meridian's plan for the
development of the area.
14. I t is fou nd that the proposed uses are compati ble \vi th the ex i sti ng and i Iltcndcd
character of the area. The Comprehensive Plan designates the area as Mixed Use Ncighborhood; the
proposed mixture of residential and light office uses is compatible with the Comprehensive Plan
designation. It is found that the proposed uses can be designed and constructed in a manner that will
be harmonious wi th and appropriate in appearance with the existing and intended character of the
surrounding area.
15. It is not anticipated that the proposed uses will be hazardous or disturbing to future or
existing neighbors.
16. It is found that the subject property can be served adequately by all essential public
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISlON
(AZ-03-034 )
PAGE 8 OF 19
facilities and services.
17. It is found that there will not be additional requirements at public cost and that the
zoning will not be detrimental to the community's economic welfare.
18. It is found that the proposed uses wiil create additional traffic, especially on Locllst
Grove Road.
19. It is found that the proposed vehicular approaches on Locust Grove Road has the
potential to interfere with traffic on the surrounding streets. The previous application on this subject
property, Blooming Meadows, did not have a direct connection to Locust Grove Road. The lack ora
connection to Locust Grove on the previous application was a point of concern for the Planning and
Zoning Commission.
20. It is found that no natural or scenic features of major importance will be lost or
damaged by approval 0 f this annexation and zoning req uest.
21. It is found that that annexation of this property wou ld be in the best interest of the
City by increasing the variety of housing types available in Meridian and providing a light office
development in a Neighborhood Center.
22. It is found that if the developer pays for the req uested i mprovelllents and camp lies
with the cond i tions set forth in these Findi ngs 0 f Fact No. 1 1, and a II sub-pa rts, the reGno III i c
welfare of the City and its residents and tax and rate payers will be protected, a condition of
annexation and zoning designation.
?"
_.Y.
It is also found that the development considerations as referenced in Finding No.
11 are reasonable to require and must be taken into account, in order to assure the proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ-03.034)
PAGE 9 OF 19
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 viei nity, in
order to assure that the proposed use will not change the essential character of the affected
vicini ty and wi II insure that the proposed uses wi II not be hazardous or d isturbi ng 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.
CONCLUSIONS OF LAW
I. The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code 9 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of govemment 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 0 f the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4. The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Chapter VI, Goal III, Objective A, Action 3
FINDlNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCA TION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ-03-034)
PAGE 10 OF 19
(
The development's proposed opell space area which will adjoin the open space area in
Havasu Creek meets the intent of this Comprehensi ve Plan Action.
), The zoning of (R-8) Medium Density Residential and (L-O) Limited Office are
defincd in the Zoning Ordinance at ~ 11-7-2 D as follows:
(H.-g) jVI edium Density Residen tial District: The purpose 0 ,- the R-8 District is to perlll it
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those areas where such development has or
is likely to occur ill accord with the Comprehensive Plan 0 f the City and is also des igned to
permit the conversion of large homes into tow-family dwellings in well-established
neighborhoods of comparable land use. Connection to the Municipal 'vvatcr and sc\ver
systems of the City is required.
AND
(L-O) Limited Office District: The purpose of the L-O District is to permit the
establishment of groupings of professional, research, executive, administrati ve, accounting,
clerical, stcnographic, public service and similar uses. Research uses shall not involve heavy
testing operations of any kind or product manufacturing of such a nature to create noise,
vibration or emissions ofa nature offensive to the overall purpose of this District. The L-O
District is designed to act as a buffer between other more intense nonresidential uses and
high density residential uses, and is thus a transitional use. Connection to the Municipal
water and sewer system of the City is a requirement in this District.
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdahoFalls, 105
Idaho 65, 665 P2d 1075 (1983).
7. The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the Ci ty of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision ancl Development Ordinance of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ-03-034)
PAGE 11 OF 19
8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, jf such is required by the City.
DECISION AND ORDER
NO\V, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this docs
Order:
1. The applicant's request for annexation and zoning of approximately I ! .31 acres to
Medium Density Residential (R-8) and Limited Office (L-O) is granted subject to the terms and
conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 11.31 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shaU conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to meet the conditions set forth and ill the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Delete second sentence of comment 1 on page 4.
B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECIsrON AND ORDER GRANTING APPLICATION
FOR ANNEXATrON AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ-03-034)
PAGE 12 OF 19
I. The legal description submitted with the application appears to meet the requirements ofthc
City of Meridian and State Tax Commission, however it describes the overall boundary of
the land to be annexed, not eaeh individual zoning boundary. The applicant shall be required
to submit new legal descriptions that deseri be eac h 0 f the two zones req uested. S ubmi t the
new legal descriptions to the Public Works Department for review prior to this application
being heard by the Meridian City Council.
C. Adopt the recommendations of the Ada County Highway District as follows:
A. Special Recommendation to the City of lv/eridfan
Because the I-acre parcel adjacent to the northeast corner of the site is an "out parcel,"
the District can not require the applicant to construct sidewalk abutting that I-acre pareel
because it is not a part of the subdivision plat. The District does however recognize that
there are a number of schools in the area and that pedestrian safety is a concern.
Therefore the District is making a special recommendation to the City of Meridian that
the applicant be relIuired to construct a S-foot wide concrete sidewalk along Locust Grove
to connect to the sidewalk that is required to be constructed along Locust Grove with this
app I iC<lti on. There is su fficient ex isting right-o f-way for the cOllstructi on of the si dewal k
on the out parcel; the Llce 0 Ie the sidewalk would nced to be located 28- feet from the
centerline in the existing 33-feet of right-of-way. If this additional sidewalk is
constt-ucted, there will only remain approximately l70-feet of frontage on Locust Grovc
in need of sidewalk in order to connect to Havasu Creek Subdivision.
B. Site Specific Conditions of Approval
I. The applicant shall do one ofthe following:
a. Dedicate by donation a total of 3S-feet of right-of-way along Locust Grove Road, and
construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a
2-feet within the new right-of-way.
b. Do not dedicate additional right-of-way, but COnstruct a minimum 5-foot wiele concrete
sidewalk along Locust Grove Road, located a minimum of28-feet from the centerline of
the right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-or-way, but eonstruct a minimum 5-f"Oot wide concrete
sidewalk along Locust Grove Road, located at the back edge oCthe existing right-of-way.
Accompl ish all necessary adj ustments to properly accommodate ex i sti ng dra i nage and
utili ties.
FINDfNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ-03-034)
PAGE 13 OF 19
2. Construct West Star Lane, west of Locust Grove approximately 470-feet west into the
site (or up to the westernmost commercial driveway on West Star Lane), as a 40-foot
street section with curb, gutter, and 4-foot detached concrete sidewalk and 5-foot
landscaping strip within 54-feet of right-of-way in accordance with district policy for
coml11 erci al roadways.
3. Construct West Star Lane, west of the last commercial driveway as a 29-foot street
section with curb, gutter, and concrete sidewalk within 50-feet of [~ight-of-wny as
proposed.
4. Construct North Heritage View Avenue, Reiterman Avenue, and North Heritage
Woods Avenue as 29-foot street sections with curb, gutter, and concrete sidewalk
within 50-feet of right-of-way as proposed.
5. Construct 4-foot detached concrete sidewalks with 5-foollandscaping strips abutting
all of the internal roadways as proposed.
6. Install a sign at the terminus of the stub streets stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE."
7. Comply with all Standard Conditions of Approval.
C Standard Conditions of Approval
I. AllY 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. Uti lity street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
proeedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLTCA TION
FOR ANNEXATION AND ZONfNG RAZZBERRY CROSSfNG SUBDJVISION
(I\Z-03-034)
PAGE 14 OFl9
6. The applicant shall submit revised plans for staff approval, prior to issuance of bui lding
permit (or other required permits), which incorporates any required design changes.
7. Construetion, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance # I 98, 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. The applieant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGUNE (1-800-342-1585) at !east two
full business days prior to breaking ground within ACHD right-of-way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the even! any ACT-LD conduits (spare
orfi lied) 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 or the applicant's authorized representative and an
authorized representative ofthe Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
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 subj ect property unless a wai ver/variance of sai d requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
D. Adopt the recommendations of the Meridian Fire Department as follows:
I. Provide a fire-tlow per the International Fire Code Appendix 0 to service the project. Fire
hydrants shall be placed an average of 400' apart.
2. All roads internal fire lanes and entrances shall have a turning radius of28'
inside and 48' outside.
3. All access roads within the project shall have a clear driving surface with a minimulll width of
20' available at all times.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION Al'..m ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ-03-034 )
PAGE 15 OF 19
5.
E.
1.
2.
..,
J.
4.
5.
6.
4. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
All streets shall be posted "No Parking Fire Lane" and all curbs painted reel..
Adopt the recommendations of the Settler's Irrigation District as follows:
All ilTigation! drainage facilities along with their easements must be protected and continue
to function. The facilities involved are the Parkins-Nourse Lateral and the Heritage Drain.
A Land Use Change Application must be on fi Ie prior to any approvals.
A license agreement MUST be signed and recorded prior to construction of any S.LD.
facilities.
Any changes to the existing irrigation system such as relocation, tiling, and landscaping must
be approved by Settlers Irrigation District.
All storm drainage mllst be retained on-site.
The development must supply irrigation access to all lots within the above-mentioned
subdivision. If the developer wishes to have Settlers lrrigation District own, operate, and
maintain the pressure irrigation system an agreement needs to be in place prior to the pre-
construction meeting.
7. According to the application, it is proposed that the subdivision will access a pressure
ilTigation stub from the existing Havasu Creek Subdivision's Ixessure irrigation system. SID
has no objections to this proposal as long as the system is installed to our standards and
specifications, and the developer ofHavasu Creek is agreeable allow connection since SID as
not assllmed ownership of the system to date.
F. Adopt the Recommendations of Central District Health Department as follows;
1. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department ofHeaIth & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stoll11\vater shall be pretreated through a grassy swaIe prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECfSION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(A2-03-034 )
PAGE 16 OF 19
), The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for storm water disposal and design a storm water
management system that prevents groundwater and surface water degradation.
G. Adopt the action of the City Council taken at their February 3,2004 meeting as follows:
For clarification:
I. ACHD's special recollllllendation asked the City to require the dcveloper to put curb,
gutter, and sidewalk on the parcel, but because the proposed property was not part of
the annexation req uest, and is not part 0 f the pIal req uest, this parcel sha II relll ai n a
county property until such time as they want to develop it.
2. For the corresponding preliminary plat application, PP-03-039, it shall be required
that prior to Final Plat submittal the applicant must receive approval from the
Meridian Fire Depm1ment for parking on one side of the proposed street sections
west ofthe landscape buffer dividing the residential development from the proposed
Light Office development. This may require a revised street section.
3. For the corresponding conditional use permit application, CUP-03-062, the Light
Office development will require detailed Conditional Use approval.
4. Before submittal ofthe Final Plat, the developer shall obtain the necessary easements
and/or other written evidence ofpenuission to install the curb, gutter and sidewalk
along Locust Grove Road, which would be on an out parcel.
). The applicant shall be required to provide 47 Y2 feet for street frontage.
6. The Meridian Fire Department has required the removal of the landscape island in the
center 0 f the street to allow better access for fire trucks ill the subd i vision.
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject ofthc
application to (R-8) Medium Density Residential District and (L-O) Limited Office District, and
Meridian City Code S ] 1-7-2.
5. Subseq uent to the passage ofthe Ordinance provided for in section 4 of this Order the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(/\Z-03-034)
PAGE 17 OFI9
engineering stallofthe Public Works Department shall prepare the appropriatc Illapping changes oC
the official boundaries and zoning maps as provided in Meridian City Code 9 11-21-1 ill accordance
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Iclaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and mLlst be filed with the
City Clerk not Illore than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for .I udicial Review may be fi leu.
Please take notice that this is a l~nal action of the governing body of the City of Meridian,
pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real
property which may be adversely affected by this decision may, within twenty-eight (28) days after
the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho
Cocle.
By action of the City Council at its regular meeting held on the
/.74
c;;.- day of
f=f 6ru-CVt-~
ROLL CALL
,2004.
COUNCIUvlAN SHAUN WARDLE
V OT E D ~fJ!!! &-...-
COUNCILMAN BILL NARY
VOTED$c<--
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ-03-034 )
PAGE 18 OF 19
COUNCILMAN CHARLIE ROUNTREE
VOTED ~
COUNCILMAN KEITH BIRD
VOTED_flt-~
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 2. - /7-(SJ#--
VOTED ~
MOTION:
APPROVED:-t- DISAPPROVED:
Attest:
nyd/~~~.&.r~Dated
City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ-03-034 )
PAGE 19 OF 19
February 12, 2004
MERIDIAN CITY COUNCIL MEETING February 17,2004
APPLICANT Carl and Bonnie Reiterman ITEM NO.
PP 03-039
S-H=
REQUEST Findings - Request for Preliminary Plat approval of 34 residential building lots,
4 professional office rots and 6 common lots on 11.31 acres in proposed R-8 and l-O zones for
propsoed Razzberry Crossing - south of E. McMillan Rd and west of N. locust Grove Rd.
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SEITlERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
See attached Findings
~
wt~
See attached letter from Terri Ingram
OTHER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at pubnc meetings shall become property of the CIty of Meridian.
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To: Mayor DeWeerd and the Meridian City Council;
Re: Razzbeny Crossing
~l.\Y( \-lS OFFICE
C;'!'Y OF gEPJD.I.AN
Janual)' 25, 2004
I am writing concerning an item on the city Council Meeting agenda for Tuesday, Februal)' 3, 2004.
Before you will be a request for approval of a subdivision named Razzbeny Crossing located at 4379
N. Locust Grove, Meridian. I am requesting that you do not approve the proposal as written.
My name is Tem Ingram. I live at 4320 N. Locust Grove, Meridian. Directly across the street from the
proposed development.
This development has been badly planed and badly executed since day one. Your council was wise
enough to have the developer withdraw their first application under the name Blooming Meadows. I
believe this application is almost as bad. The owners, Carl and Bonnie Reiterman, have hired a new
planning consultant in pursuit of approval underthe name Razzbeny Crossing. A short synopsis ofthe
history of this project beginning with the first P&Z meeting;
. June 2003- Planning and Zoning recommended denial of the applications on the basis of
several items. P&Z recommended that the developers obtain a street connection to Locust
Grove at Star Lane and that the developers hold a neighborhood meeting- something that had
been neglected inJhe planning process.
· June 3D, 2003- The developer sponsored a neighborhood meeting. 2&.30 people attended
that meeting. The developer 'told' us what they were going to do. The neighbors objected to
the proposed density and to the connection to Locust Grove at star Lane. Further we had
serious concerns about pedestrian traffic to the elementary and high schools.
· July 1, 2003- Stating that 1he P&Z Commission was swayed by the public opposition to the
Comprehensive Plan that happened to manifest itself on this project." The developer appealed
to the City Council to overturn the denial of the application. The developer presented the
original proposal to the City Council with a few 'cosmetic' changes. You may recall that the
Council Auditorium was standing room only With neighbors attending in opposition to the
proposed project. City Council reprimanded the developer for wasting Council time, P&Z time,
and the neighbors' time. They further stated that density was obviously an issue with the
neighbors and asked the developer to withdraw the application and start over. This time
starting with a neighborhood meeting in which they listened to the neighbors rather than just
intonning them at what was going to be done.
· August 25, 2003- The developer sponsored a neighborhood meeting. 20-25 people attended.
The developer introduceO a new planning consultant and presented the new proposal. This
time the R-15 townhouses were gone but in their place were 3 light office lots. Neighbors were
not happy with the light office concept but were told by the planner that another option was a
Circle K or a gas station. Neighbors asked to have a member of Heritage Sub be put on the
design and the CCR committees of Razzberry Crossing. (This has still not been done.) By the
end of the meeting, most neighbors were still not happy with the light office but were
encouraged with the fact that the planner was taking notes and appeared to be listening. The
neighbors asked that when our concerns were addressed in the plan, the developers hold
another meeting to review the changes.
. September 1, 2003- The developer sponsored the second neighborhood meeting. Turnout
was low. Those of us who did attend found to our dismay that no changes had been made to
the proposal. We were once again being told what was being done.
. January 8, 2004- The proposal for Razzbeny Crossing was presented to P&Z. The neighbors
who attended were upset by the fact that the proposal now contained 4 light office lots. Despite
neighborhood opposition the proposal met the P&Z requirements for the Comprehensive Plan
and the plan was fOlwarded with a recommendation for approval. The changes made were
contrary to what the existing neighbors had requested.
This timetine leads up to the decision before you on February 3, 2004. As you make that decision I
would hope that you would take the following into consideration.
. The developers will state that the neighbors requested the street connection at Star Lane. The
P&Z meeting notes reflect that one neighbor wanted that connection. That neighbor has a
vested financial interest in having the developer put in that road as it will also serve the
development he has planned on his property. All of the other neighbors who testified that night
were against the proposed connection to Locust Grove at Star Lane due to traffic congestion
at the intersection. An additional concern is the increased traffic load on Locust Grove. Media
articles have quoted ACHD as saying Meridian planning does not adequately account for ways
to pay for street improvements in north Meridian. We asked the developers to help with that
problem. Locust Grove Road is in poor condition. Per ACHD, the proposed Blooming
Meadows would have added 496 additional vehide trips per day on Locust Grove. The new
proposal, Razzbeny Crossing, with light office spaces, would add 570. The developers
'compromise' went in the wrong direction, again.
. The neighbors objected to the proposed density, both the R-15 townhouses and the R-8
residential lots. Thanks to the comments from the City Council in July, the townhouses were
removed, leaving only our feeling that the R~8 did not fit with the surrounding area. To the
north of the proposal is a 1 acre residential lot and a 2 acre residential lot. Havasu Creek
borders this development to the north and to the west and will eventually border partially on the
South. Havasu Creek is zoned R-4. Also on the south are two 5 acre lots containing one
residence. The owner of these Jots has expressed the intention to divide at least one of these
lots in the future. To the east is Heritage SubdMsion, a development of mostly 1 acre
residential lots with a few 'Y2 acre lots. The neighbors there have repeatedly expressed the
desire to see R-4 in this development as it would be more cohesive with the surrounding area.
This request has been ignored, again.
. In both of the neighborhood meetings for Razzbeny Crossing, the neighbors objected to the 3
light office spaces. Both times we were 'threatened' with having a Cirde K or a gas station
being installed in our neighborhood. In the P&Z meeting on January 8, 2003, the developer
bragged to the Commission members when he said "anytime you can put an office next to
some homes, the neighbors always seem to be pretty happy with that. Unlike maybe a Cirde
K or a gas station". When the proposal was presented to P&Z it came with 4 light office
spaces. The changes made were contrary to what the existing neighbors had requested,
again.
. The neighbors have selious safety concerns regarding access for children to the
neighborhood schools. Razzberry Crossing is on the west side of Locust Grove, north of the
schools which are on the east side of Locust Grove. Locust Grove is a 50 mile per hour road
with no sidewalks, no shoulders, and no street lights. The children from this neighborhood will
have to walk that road in the morning in the dark and in good weather and bad. Since this
project will bring more families and more children into the area, we asked that the developers
address this issue by working with ACHD to put in sidewalks from the development to the
sidewalk in front of Heritage Commons- which has a cross walk that is manned before and
after school. Instead the developers 'compromised' by adding more than 100 feet of additional
sidewalk going north from the subdMsion- that's light, away from the schools. While I think we
all appreciate the effort, the developers 'compromise' goes in the wrong direction, again.
. Another concern for this proposal, and more importantly for this community, is the lack of
water. As stated by Planning and Zoning Staff member Mr. Freckleton in the January 15, 2004
P&Z meeting, the "Meridian water supply is at capacity." Mr. Freckleton additionally said he
"could not comfortably recommend approving any new subdMsions. until that sftuation has
been remedied. I agree with Mr. FreckIeton. Unless the City of Meridian is prepared to allow
Unfted Water to contract to provide water to new subdMsions, which takes money for
improving the Meridian water system out of the City's coffers, no new subdMsions should be
approved.
I would quote Councilman Nary in the July 1, 2003 meeting "You need to listen to these people. That's
why we have a neighborhood meeting process, so you'll listen to people, not for you to just tell them
what you want to do, but you listen to them and what they'd like to have. Compromise and
communication is what we are talking about" Every so called 'compromise' this developer makes
compounds the problem and communication requires a sender and a receiver. We continue to send
messages but the receiver seems to either be malfunctioning or turned off. My feeling is that the
developer is just waiting for us to get tired of trying to get our message through.
In dosing I would say that Planning and Zoning approves or denies based on the Comprehensive Plan.
If the proposal fits within the letter of the plan, they do not look closer to see whether it is the right plan
for the property and for the neighborhood. Therefore it falls on this Council to look beyond the book
and below the surface to see if the spirit of the plan is also being met. I do not believe that it is. This
Council has the authority to remand this proposal back to Planning and Zoning until such time as the
-' developers leam the meaning of the word compromise and address the safety, density, traffic and
water supply issues.
I would ask that you do so.
Thank You,
r
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.........,\
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Tern E. Ingram
4320 N. Locust Grove
Meridian, ID 83642
r.'-I'"')
i nteroffi ce
MEMORANDUM
...............
To:
William G. Berg, Jr.
From:
Wm. F. Nichols
Subject:
Razzberry Crossing Subdivision
File:
PP-03-039
Date:
February 12,2004
Will:
Please finc~atlached the ol-iginal of the FINDINGS OF FACT AND
CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF
PRELllVllNAR Y PLAT, pursuant to action of the Counci I at their Febnmry 3,2004 meeting. The
Findings will be on an upcoming Council agenda.
Please serve conformed copies of the Findings upon the Applicant and the
Planning and Zoning Department, Public Works and the City Attorney office, if Council
approves the Findings.
If you have any questions arise please advise.
Z:\Work\M\McriLiian\lvIcridiun 1 53601vl\Ruzzbcrry Crossing AZ-03-034 1'1'-03-039 CUI'-03-062\8crgl'rcl'lalMEMO 02 12 04.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR RAZZBERRY
CROSSING SUBDIVISION FOR 34
RESIDENTIAL BUILDING LOTS, 4
PROFESSIONAL OFFICE LOTS
AND 6 COMMON LOTS ON 11.31
ACRES IN PROPOSED R-8 AND L-
o ZONES LOCATED SOUTH OF
EAST McMILLAN ROAD AND
WEST OF NORTH LOCUST
GROVE ROAD, MERIDIAN,
IDAHO
BY: CARL AND BONNIE
REITERMAN, APPLICANT
C/C 02/03/04
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Case No. PP-03-039
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 February 3,2004, and Anna Powell Planning Director for the Planning and Zoning
Department, Wayne Forrey, Terri Ingram, Mike Ingram, Wyoma Ham, Marv Thome, and Rick
McGraw, appeared and testified, and the City Council having received a report from Wendy
Kirkpatrick Plmmer II for the Planning and Zoning Department, and Bruce Freckleton,
Engineering Technician III, and the City Council having received as part of the record of this
matter the recommendation to City Council of the Planning and Zoning Commission and the
preliminary plat being "PRELIMINARY PLAT, A RESUBDIVISION OF LOT 10,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDNISION / (pP-03-039
Page 1 ofl4
CRESTWOOD SUB., SECTION 31, TAN., R.1E., B.M., MERIDIAN, ADA COUNTY,
IDAHO, RAZZBERRY CROSSING A PLANNED RESIDENTIAL & OFFICE INFILL
SUBDIVISION, PROJECT NO. 2163, SHEET NO.1, CARL & BONNIE REITERMAN-
OWNER/APPLICANT, CLAIBORN WAITE CONSULTING, LLC-
ENGINEERING/SURVEYOR, P A THW A Y PLANNERS CONSULTING - PLANNER", Carl
Reitennan and Bonnie Reiterman, 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
findings:
FINDINGS OF FACT
1. That the proposed development is in conformance with the Amended
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
Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the
property is presently zoned RUT by Ada County, however, an application for annexation and
zoning to R-8 and L-O is before the Council, and requires connection to the Municipal Water and
Sewer System. [Meridian City Code S 11-7-2 D and G]
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6,2002, Resolution No. 02-382.
3. It is determined that Urban Services can be made available to accommodate the
proposed development if the plat complies with the requirements and conditions hereinafter set
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDIVISION / (pP-03-039)
2 of14
forth as conditions of preliminary plat approval. The developer will extend existing water and
sewer mains to the subject property.
4. The proposed development is a continuity of the proposed development within the
City's Capital Improvement Program and if the conditions, which are requested by the Planning
and Zoning Administrator and the Engineering Technician III, and as proposed by the developer
as stated on the preliminary plat, there will be public financial capability of supporting services
for the proposed development, as the developer will extend urban services to the subject
property.
5. The development if built in accordance with the conditions and as proposed, will
not create health, safety or environmental problems and there have been no specifics of any such
concerns brought to the Council's attention.
6. It is found that the Recommendation To City Council of the Plmming and Zoning
Commission is reasonable and appropriate for the conditions of approval of the preliminary plat
as hereinafter set forth.
7. The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as: "PRELIMINARY PLAT, A RESUBDIVISION OF LOT
10, CRESTWOOD SUB., SECTION 31, TAN., R.IE., B.M., MERIDIAN, ADA COUNTY,
IDAHO, RAZZBERRY CROSSING A PLANNED RESIDENTIAL & OFFICE INFILL
SUBDIVISION, PROJECT NO. 2163, SHEET NO. I, CARL & BONNIE REITERMAN -
OWNER! APPLICANT, CLAIBORN W AITE CONSULTING, LLC -
ENGINEERING/SURVEYOR, P A THW A Y PLANNERS CONSULTING - PLANNER".
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDIVISION / (pP-03-039)
30f14
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by having submitted the
preliminary plat "PRELIMINARY PLAT, A RESUBDIVISION OF LOT 10, CRESTWOOD
SUB., SECTION 31, TAN., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO,
RAZZBERRY CROSSING A PLANNED RESIDENTIAL & OFFICEINFILL SUBDIVISION,
PROJECT NO. 2163, SHEET NO.1, CARL & BONNIE REITERMAN -
OWNER! APPLICANT, CLAIBORN WAITE CONSULTING, LLC -
ENGINEERING/SURVEYOR, PATHWAY PLANNERS CONSULTING - PLANNER", Carl
Reiterman and Bonnie Reitennan, Developer is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. Adopt the Recommendations of the Planning and Zoning Commission as
follows:
1. Delete first sentence at the top of page six.
2. Delete paragraph eight under site specific comments for preliminary plat on
page SIX.
3. Add a paragraph eight on page eight noting that letter of approval from street
naming committee shall be required with a note that West Star Lane should be
changed to East Star Lane.
B. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff
as follows:
SITE SPECIFIC COMMENTS (preliminarv plat)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDNISION / (pP-03-039)
4 of 14
1. Sanitary sewer service to this site will be from an extension from the existing main
in Havasu Creek Subdivision. The applicant will be responsible to construct lateral
sewer mains to and tlrrough this proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department. Sewer mains
will not be allowed within landscape areas, beneath landscape islands, and manholes
will not be allowed in parking and loading areas.
2. Water service to this site will be from an extension of existing water mains in
Havasu Creek Subdivision. The applicant will be responsible to construct water
mains to and tlrrough this proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department.
3. The developer shall be required to install all trees within each phase of the
development prior to any Certificates of Occupancy being issued.
4. Fencing details shall be submitted with the Final Plat application. Fencing adjacent
to pathways or the common area lots shall not be over four feet in height if
constructed of a solid material, and shall not be more than four feet in height if it is
non-sight obscuring. A solid, 6-foot high perimeter fence shall be installed prior to
any building permits being issued, unless agreed to otherwise in writing by the
Planning Director. The portion of the open space area that adjoins the open space
area for Havasu Creek does not need to be fenced.
5. All parking lot striping must be completed prior to occupancy.
6. All landscaping must be consistent with the approved landscaping plan.
7. All required amenities must be installed prior to occupancy.
8. Each storm drainage lot may have only one rock sump. The maximum dimension
of the rock sump maybe only 5'.
9. All landscaping must be maintained in accordance with ordinance 12-13-17.
10. All parking stalls and drive aisles must meet parking standards as outlined in
Section 11-13 of the Meridian City Code.
11. All access roads and micropaths on the subject property must be constructed of dust-
free materials. These materials may include: washed gravel, recycled asphalt,
asphalt or concrete.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDNISION / (pP-03-039)
5 of 14
12. All trash enclosures must be shown on the site plan.
13. The required landscaping and irrigation system shall be installed prior to the
issuance of a Certificate of Occupancy for any building on any lot created by the
subdivision. Landscaping and fencing must be bonded for prior to applying for
building permits.
14. No phasing lines were shown on the preliminary plat. If phasing is planned,
applicant shall submit a revised plat prior at least 10 days prior to the next public
hearing showing the proposed phase lines.
15. Underground pressurized irrigation must be provided to all landscape areas on site.
The applicant has indicated that the pressurized irrigation system within this
development is to be owned and maintained by the Settler's Irrigation District.
16. The City QfMeridian requires that pressurized irrigation systems be supplied by a
year-round source of water. If a creek or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point
connection is utilized, the developer shall be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the
Meridian City Engineer.
17. All drainage areas ( detention/retention basins) must be designed to ensure that water
is retained only during 1 OO-year storm events, and for a period of time not to exceed
24 hours. Side slopes within drainage areas shall not exceed 3: 1. The project
engineer should pay close attention to the results of field studies determining the
groundwater, soil type & and characteristics during the design and construction
phases. The engineer shall be required to certify that the street centerline elevations
are set a minimum of 3-feet above the highest established normal groundwater
elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is
at least I-foot above groundwater.
GENERAL COMMENTS (preliminarv plat)
1. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
2. A letter of credit or cash surety in the amount of 110% will be required for all
fencing, pressurized irrigation, sanitary sewer, water, etc., prior to signature on
the final plat. A separate letter of credit or cash surety will be required for
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDNISION / (pP-03-039)
6 of 14
landscaping.
3. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be
required at locations designated by the Public Works Department. All streetlights
shall be installed at subdivider's expense. Typical locations are at street intersections
and/or fire hydrants.
4. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled
per City Ordinance 12-4-13. The ditches to be piped should be shown on the site
plans. Plans will need to be approved by the appropriate irrigation/drainage district,
or lateral users association, with written confirmation of said approval submitted to
the Public Works Department.
5. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape irrigation.
6. Any drainage areas (detention / retention basins) must be designed to ensure that
water is retained only during I aO-year storm events, and for a period oftime not to
exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1.
7. Performance specifications for the common area pressurized irrigation system shall
be submitted with each Final Plat application.
C. Adopt the recommendations of the Ada County Highway District as follows:
Special Recommendation to the City of Meridian
Because the I-acre parcel adjacent to the northeast corner of the site is an "out
parcel," the District can not require the applicant to construct sidewalk abutting
that I-acre parcel because it is not a part of the subdivision plat. The District
does however recognize that there are a number of schools in the area and that
pedestrian safety is a concern. Therefore the District is making a special
recommendation to the City of Meridian that the applicant be required to
construct a 5-foot wide concrete sidewalk along Locust Grove to connect to the
sidewalk that is required to be constructed along Locust Grove with this
application. There is sufficient existing right-of-way for the construction of the
sidewalk on the out parcel; the face of the sidewalk would need to be located 28-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDMSION / (pP-03-039)
7 of 14
feet from the centerline in the existing 33-feet of right-of-way. If this additional
sidewalk is constructed, there will only remain approximately 170-feet of
frontage on Locust Grove in need of sidewalk in order to connect to Havasu
Creek Subdivision.
Site Specific Conditions of Approval
1. The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet of right-of-way along Locust Grove
Road, and construct a minimum 5-foot wide concrete sidewalk along Locust
Grove Road, located a 2-feet within the new right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from
the centerfine of the right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Locust Grove Road, located at the back edge of the
existing right-of-way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
2. Construct West Star Lane, west of Locust Grove approximately 470-feet west
into the site (or up to the westernmost commercial driveway on West Star Lane),
as a 40-foot street section with curb, gutter, and 4-foot detached concrete
sidewalk and 5-foot landscaping strip within 54-feet of right-of-way in
accordance with district policy for commercial roadways.
3. Construct West Star Lane, west of the last commercial driveway as a 29-foot
street section with curb, gutter, and concrete sidewalk within 50-feet ofright-of-
way as proposed.
4. Construct North Heritage View Avenue, Reiterman Avenue, and North Heritage
Woods Avenue as 29-foot street sections with curb, gutter, and concrete sidewalk
within 50-feet of right-of-way as proposed.
5. Construct 4-foot detached concrete sidewalks with 5-foot landscaping strips
abutting all of the internal roadways as proposed.
6. Install a sign at the terminus of the stub streets stating that, "THIS ROAD WILL
BE EXTENDED IN THE FUTURE."
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDIVISION / (pP-03-039)
8 of 14
7. 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 years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofldaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #198, 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. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDIVISION / (pP-03-039)
9 of 14
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the tenus and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative ofthe Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest advises the Highway District
of its intent to change the planned use ofthe subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in ~effect at the time the change in use is sought.
D. Adopt the recommendations of the Meridian Fire Department as follows:
1. Provide a fire-flow per the International Fire Code Appendix D to service the project.
Fire hydrants shall be placed an average of 400' apart.
2. All roads internal fire lanes and entrances shall have a turning radius of28'
inside and 48' outside.
3. All access roads within the proj ect shall have a clear driving surface with a minimum
width of20' available at all times.
4. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
5. All streets shall be posted "No Parking Fire Lane" and all curbs painted red..
E. Adopt the recommendations of the Settler's Irrigation District as follows:
1. All irrigation / drainage facilities along with their easements must be protected and
continue to function. The facilities involved are the Parkins-Nourse Lateral and the
Heritage Drain.
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of any
S.LD. facilities.
4. Any changes to the existing irrigation system such as relocation, tiling, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDNISION / (pP-03-039)
lOofl4
landscaping must be approved by Settlers Irrigation District.
5. All storm drainage must be retained on-site.
6. The development must supply irrigation access to all lots within the above-
mentioned subdivision. Ifthe developer wishes to have Settlers Irrigation District
own, operate, and maintain the pressure irrigation system an agreement needs to be
in place prior to the pre-construction meeting.
7. According to the application, it is proposed that the subdivision will access a
pressure irrigation stub from the existing Havasu Creek Subdivision's pressure
irrigation system. SID has no objections to this proposal as long as the system is
installed to our standards and specifications, and the developer ofHavasu Creek is
agreeable allow connection since SID as not assumed ownership of the system to
date.
F. Adopt the Recommendations of Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
G. Adopt the action of the City Council at their February 3,2004 meeting as follows:
For clarification:
1. ACHD's special recommendation asked the City to require the developer to
put curb, gutter, and sidewalk on the parcel, but because the proposed
property was not part of the annexation request, and is not part of the plat
request, this parcel shall remain a county property until such time as they
want to develop it.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDIVISION / (pP-03-039)
11 of 14
2. It shall be required that prior to Final Plat submittal the applicant must
receive approval from the Meridian Fire Department for parking on one side
of the proposed street sections west of the landscape buffer dividing the
residential development from the proposed Light Office development. This
may require a revised street section.
3. For the corresponding conditional use permit application, CUP-03-062, the
Light Office development will require detailed Conditional Use approval.
4. Before submittal of the Final Plat, the developer shall obtain the necessary
easements and/or other written evidence of permission to install the curb,
gutter and sidewalk along Locust Grove Road, which would be on an out
parcel.
5. The applicant shall be required to provide 47 Y2 feet for street frontage.
6. The Meridian Fire Department has required the removal of the landscape
island in the center of the street to allow better access for fire trucks in the
subdivision.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must be in writing, and must be
filed with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDIVISION I (pP-03-039)
12 ofl4
an interest in real property which may be adversely affected by this decision may, within
twenty-eight (28) days after the date of this decision and order, seek 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 I 717:::.
day of ;;e6~1- ,2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED$"-
VOTED ~
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
VOTED 4-tL-
VOTED~
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
-
VOTED
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RAZZBERRY CROSSING SUBDIVISION / (pP-03-039)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDMSION / (PP-03-039)
14 of 14
interoffi ce
MEMORANDUM
...............
To:
William G. Berg, .II'.
From:
William F. Nichols
Subject:
BY: CARL AND BONNIE REITERiVlAN FOR CONDITIONAL USE PERfvIJT
FOR A PLANNED DEVELOPMENT FOR RAZZBERRY CROSSING
SUBDIVISION IN R-8 AND L-O ZONES
FileNo.:
CUP-03-062
Date:
February 12,2004
Will:
Please find attached the original FINDINGS OF FACT CONCLUSIONS OF
LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\IIIT SUBJECT
TO CONDITIONS and ORDER for the above malter. Please place this J11atler upon the Consent
Agenda for Council discussion and decision.
If you should have any questions please give me a call.
Z:\\Vork\M\Mcricli~n\Mcricliun I 5360M\Ruzzbcrl'Y Crossing AZ.03-034 PP-03.039 CUP-03-062\ClkllrCUPJ'fCls&Onleuloc
February 12, 2004
MERIDIAN CITY COUNCil MEETING February 17/ 2004
APPLICANT Carl and Bonnie Reiterman ITEM NO.
CUP 03-062
.:5 ..;r
REQUEST Findings - Request for a Conditional Use Permit for a Planned Development
containing a mix of residential and professional office uses in proposed R-8 and L-O zones for
proposed Razzberry Crossing - south of E. McMillan Rd and west of N. Locust Grove Rd.
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:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SffiLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
See attached Findings
nrvY
See attached letter from Terri Ingram
OTHER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at publtc meetings shall become property of the City of Meridian.
BEFORE THE CITY COUNCIL OF THE CITY OF MERID.IAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERiVIIT FOR A PLANNED
DEVELOPIVIENT FOR
RAZZBERRY CROSSING
SUBDIVISION IN A R-8 AND L-O
ZONES, LOCATED ON THE WEST
SIDE OF LOCUST GROVE ROAD,
SOUTH OF EAST McMILLAN
ROAD, MERIDIAN, IDAHO
CARL AND BONNIE REITERMAN,
APPLICANT
C/C 02/03/04
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Case No. CUP-03-062
FINDINGS OF FACT AND
CONCLUSIONS OF LA WAND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use pennit appllcation having come before the City
COllnci Ion February 3, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning
Department, Wayne Forrey, Terri Ingram, Mike Ingram, Wyom<l Ham, jVlarv Thome, ami Rick
McGraw, 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:
FlNDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
CRANTlNG CONDITIONAL USE PERMIT
PAGE 1 OF 21
FINDINGS OF FACT
I. A notice of a public hearing on the conditional use permit was published for t\VO
(2) consecutive weeks prior to the said public hearing scheduled for February 3,2004, before the
City Council, the first publication appearing and written notice having been mailed to property
owners or purchasers of record within three hundred feet (300') of the external boundaries of the
property under consideration more than fifteen (15) days prior to said hearing and with the notice
ofpubJic 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 February 3, 2004 public hearings; and the applicant, affectcd propcrty
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 SS [1-15-5 and 11-17-5 as evidenced by
the AfTidavit of Mailing, and the Affidavit ofPublieation and Proof of Posting filed with the staff
report.
3. This proposed development request is in an RUT zone and by reason of the
provisions of the Meridian City Code * 11-17-4, a public hearing was required before the City
Council 011 this application.
4. The property is located on the west side of Locust Grove Road, south of East
McMillan Road, Meridian, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PEItlVIIT
IlAGE 2 OF 21
5. The owners ofrecorcl of the subject property are Carl and Bonnie Reiterman.
6. Applicant is the same as owner of record.
7. The subject property is currently zoned RUT by Ada County. There is, however,
an application for annexation and zoning to R-8 (Medium Density Residential) and L-O (Limited
Office) before the City Council. The zoning districts ofR-8 and L-O are defined within the City
of Meridian Zoning and Development Ordinallce, Section 11-7-2.
8. The proposed application requests a conditional use permit for a Planned
Development consisting of34 residential building lots, 4 professional office lots, and 6 other lots
011 1 ] .31 acres in a proposed R-8 and L-O zones for Razzberry Crossing Subdivision. The R-S
and L-O zoning designations are within the City of Meridian Zoning and Development
Ord i nance req ui res a cond it i ana I use pet"1ll i t be obtai ned for most uses i nc Iud i ng those req uestcd
by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11.8- I).
9. The proposed application is in compliance with the Meridian Comprehensive
Plan, which designates the subject property as Mixed Use Neighborhood.
10. The use proposed within the subject application will in fact, constitute a
conditional LIse as determined by City Ordinance.
11. The City Council recognizes the concel11s of The Meridian School District,
expressed in their letter dated December 1,2003.
12. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codi fled at Titles II ancl12, 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.
FfNDJNGS OF FACT AND CONCLlJSIONS OF LA WAND DECfSrON AND ORDER
CH.ANTING CONDITIONAL USE PERMIT
PAGE 3 OF 21
13. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planningjurisdiction public facilities and
services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planningjurisdiction orthe
City of Meridian, subject to the following:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Delete the I ast sentence of Comment no. I on page 10.
B. Adopt the Recommendations of the Planning and Zoning and Engincering staff as
fo llows:
SITE SPECIFIC COlVIMENTS (Conditional Use Permit)
j. Applicant shall meet all of the requirements of the preliminary plat as a condition of the
Conditional Use Permit.
2. At least 10 days prior to the next public hearing, the Applicant shall submit a detailed plan
for the proposed park and tot lot.
3. All development shall comply with the Americans with Disabilities Act and the Fair I-lousing
Aet.
4. No building permits shall be issued within the development until a Final Plat has been
recorded for the su bdi vi si on.
C. Adopt the recommendations of the Ada County Highway District as follows:
Special Recommendation to the City of .Meridia/l
Because the I-acre parcel adjacent to the northeast corner of the site is an "out parcel,"
the District eal1 not require the applicant to construct sidewalk abutting that I-acre parcel
bec8use it is not a part of the subdivision plat. The District does however recognize that
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 4 OF 21
there are a n umber of schools in the area and that pedestri an sa fety is a concern.
Therefore the Distl-ict is making a special recommendation to the City of Meridian that
the applicant be required to construet a S-foot "vide concrete sidewalk along Locust Grove
to connect to the sidewalk that is required to be constructed along LocLlst Grove with this
application. There is sufficient existing right-of-way for the construction of the sidewalk
on the out parcel; the face of the sidewalk would need to be located 28-feet [rom the
centerline in the existing 33-feet of right-of-way, If this additional sidewalk is
constructed, there will only remain approximately 170-feet of frontage on Locllst Grove
in need of sidewalk in order to connect to Havasll Creek Subdivision.
Site SpecUic CO/lditiO/1S of Approval
I. The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet of right-of-way along Locust Grove Road, and
construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a
2-feet within the new right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidcwal k a long locust G rove Road, located a mi ni mum 0 f 28- feet from the centerl i ne 0 f'
the right-of-vvay, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way.
Accomplish all necessary adjustments to properly accommodate existing drainage and
uti Ii ties.
2. Construct West Star Lane, west of Locust Grove approximately 470-feet west into the site
(or up to the westernmost commercial driveway on West Star Lane), as a 40-foot street
section with curb, gutter, and 4-foot detached concrete sidewalk and 5-foot landscaping
strip \vi thi n 54- feet 0 f right-of-way In accordance wi th district policy for commercial
roadways.
3. Construct West Star Lane, west ofthe last commercial driveway as a 29-foot street
section with curb, gutter, and concrete sidewalk within 50-feet of right-of-way as
proposed.
4. Construct North H eri ragc V icw A venue, Reiterman A venue, and North Heri tage \V oods
A venue as 29- foot street sections with curb, gu tter, and concretc s i de\va Ik wi th in 50- feet
of right-oC-way as proposed.
5. Construct 4-foot detached concrete sidewalks with 5-foot landscaping strips abutting all
of the internal roadways as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE ])ER..MIT
PAGE 5 OF 21
6. Install a sign at the terminus of the stub streets stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE."
7. Comply with all Standard Conditions of Approval.
Standard Conditions ojApproval
I. Any existing irrigation facilities shall be relocated outside of the right-oF-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged cLlrb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACl-ID Ordinances unless specifically waived herein. An
engineer registered in the State of1daho shall prepare and certify all improvement plans.
6. The appl icant shall sublll i t rev i sed plans for sta ff approval, pri or to i ssuallce 0 f bu i Idi ng
perm i t (or other requ ired perm i ts), which incorporates any rcq ui red design cha nges.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, 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. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACHD right-of-way. The applieant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
FINDINGS OF F/\CT AND CONCLUSIONS OF LA \V AND DECISION AND ORDER
GH.ANTING CONDITIONAL USE PERMIT
PAGE 6 OF 21
10. No change in the terms and conditions of this approval shall be valid unless they <1re in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
I 1. Any change by the applicant in the planned use of the property which is the subj ect of thi s
application, shall require the applicant to comply with all rules, regul<1tions, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applieant 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 grantcd pursuant to the law in effect at the time the change in use is sought.
D. Adopt the recommendations of the Meridian Fire Department as follows:
1. Provide <1 tire-flow per the International Fire Code Appendix D to service the project. Fire
hydrants shall be placed an average of 400' apart.
2. All roads internal fire lanes and entrances shall have a turning radius of28'
inside and 48' outside.
3. All access roads within the project shall have a clear driving surface with a minimum width of
20' available at all times.
4. Operational fire hydrants and temporary or permanent street SIgns are required before
combust ib Ie construction begins.
). All streets shall be posted "No Parking Fire Lane" and all curbs painted red..
E. Adopt the recommendations of the SettLer's Irrigation District as follows:
I. All irrigation / drainage facilities along with their easements must be protected and continuc
to function. The facilities involved are the Parkins-Nourse Lateral and the Heritage Drain.
2. A Land Use Change Application IllUSt be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of any S.I.D.
facilities.
4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping Illust
be approved by Settlers lITigation District.
5. All storm drainage must be retained on-site.
6. The development must supply irrigation access to all lots within the above-mentioned
subdi vision. If the developer wishes to have Settlers Irrigation District own, operate, and
maintain the pressure irrigation system an agreement needs to be in place prior to the pre-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 7 OF 21
construction meeti ng.
7. According to the applieation, it is proposed that the subdivision will access a pressure
irrigation stub from the existing Havasu Creek Subdivision's pressure irrigation system. SlD
has no objections to this proposld as long as the system is installed to ollr standards and
speci flcations. and the developer of Havasu Creek is agreeable allow cOllnection since S 10 as
not assumed ownershj p of the system to elate.
F. Adopt the Recommendations of Central District Health Department as fo !lows:
I. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Oi vision of En vi ronmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
S. The Engineers and architects involved with the design of the subject project shall obtain
current bestll1<1nagement practices for stormwater disposal and design a stOnllwater
management system that prevents groundwater and surface water degradation.
G. Adopt the action of the City Council taken at their February 3,2004 meeting as follows:
For clarification:
1. ACI-ID's special recommendation asked the City to require the developer to put curb.
gutter, and sidewalk on the parcel, but because the proposed property was not part of
the annexation request, and is not part of the plat request, this parcel shall remain a
county property until such time as they want to develop it.
2. For the corresponding preliminary plat application, PP-03-039, it shall be required
that prior to Final Plat submittal the applicant must receive approval from the
Meridian Fire Department for parking on one side of the proposed street sections
west of the landscape buffer dividing the residential development from the proposed
Light Office development. This may require a revised street section.
3. The Light Office development will require detailed Conditional Use approval.
4. Before submitta I 0 f the Final Plat, the developer shall obtain the necessary easements
and/or other written evidence of permission to install the curb, gutter and sidewalk
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDE:R
GRANTING CONDITIONAL USE PERMIT
PAGE 8 OF 21
along Locust Grove Road, which would be on an out parcel.
5. The applicant shall be required to provide 47 12 feet for street frontage.
6. The Meridian Fire Department has required the removal of the landscape island in the
center of the street to allow better access for fire trucks in the subdivision.
14. It is found that the subject property's size of 11.31 acres is large enough to
accommodate the proposed residential development and all other required features. The applicant is
providing 1.42 acres of open space and is proposing a density of 4.04 dwelling units per acre.
15. The current Comprehensive Plan Land Use Map designates the property as "M ixed
Use Neighborhood". It is found that the proposed residential and light office development is
harmonious with and in accordance with the ComprehenSIve Plan. The project meets the
requirements and objectives of the Planned Development Ordinance. The applicant is proposing to
include 10% open spaee and a micropath connecting the proposed park with an existing park in
Havasu Creek to meet the requirement for two amenities for the planned development. While these
amenities meet the m i n i mum standards for a Planned development it is felt that the applicant should
provide additional amenities such as the addition of playground equipment or picnic areas to the
proposed parle
16. It is found that the proposed uses will be compatible with other residential nad
light office uses in the general neighborhood and the existing and intended character of the
general vicinity.
17. It is not anticipated that the proposed project will have an adverse impact on the
surroundi ng property.
18. It is found that the proposed development can be adequately served by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 9 OF 21
(
essential public facilities and services, including: streets, police and fire protection, drainage
structures, refuse disposal, water and sewer.
19. It is found that the proposed use would not be detriment<ll to the economic welfare
of the community, nor would it create the need for any new facilities or services to be paid for by
the public. The developer will extend urban services to the subjeet propet-ty.
20. It is found that the proposed development will not result in excessive traffic,
noise, smoke, fumes, glare or odors in the general vicinity if the subdivision is approved.
21. It is found that the proposed use will create significant interference with traffic on
the surrounding public streets. Review of the ACHD report for this project will provide
additional information.
22. 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 by issuance of this
conditional use.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers con felTed upon it by the "Local
Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (1.c. 967-6503).
2. The Meridian City Council may exercise al1 the powers required and authorized
under the "Aet" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Seetion 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, Met-iclian City Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE I)ERMIT
PAGE 10 OF 21
3. As part ofa zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City ofMericlian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the l~lcts and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code S 11-17-3)
a. That the site is Large enough to accommodate the proposed use and al I 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
fvleridian 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 thnt such use will not adversely change the essential character of the same area;
d. That the proposed use, if it compl ies vvi th all cond i tions 0 f the approva I i 111 posed,
will not adversely aftect other property in the vicinity;
e. That the proposed use will be served adequately by essential public faci lities unci
services such as highways, streets, schools, parks, poLice and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excesslve additional cost for public
facilities and services and will not be detrimental to the economic welfare of the community;
g. Th8t 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 excessi ve production of traffic, noise, smoke, fumes, glare or odors;
h. That the proposed use wlH have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL VSE PERMIT
PAGE II OF 21
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 Medium Density Residential
District (R-8) and Limited Office District (L-O), a public hearing shall be conducted with notice
to be published and provided to property owners or purchasers ofrecord within three hundred
feet (300') of the external boundari es of the land under considerati on for the condi tional use
permit all in accordance with the provisions ofMeridi(ln 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, howev~r, that conditional use applications for land in Old Town and in
industrial and commercial districts shall on ly be requ ired to have one pu b I ic heari ng
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 0 f 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
ofIvleridian Zoning and Development Ordinance, and Idaho State bw. (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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERiVIIT
PAGE 12 OF 21
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 llntllre 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
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002,
Resolution No. 02-382 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 LA "V, the City Council does hereby ORDER and this does
Order that:
1. That the above named applicant is granted a conditional LIse permit for a Planned
DeveLopment consisting of 34 residential bui Iding lots, 4 professional office lots, and 6 other lots
on 11.31 acres in proposed R-8 and L-O zones for Razzbeuy Crossing Subdivision located at on
the west side ofLoCllst Grove Road, south of East McMillan Road, Meridian, Idaho, subject to
the following conditions ofllse and development, subject to the following:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Delete the last sentence of Comment no. 1 on page 10.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTlNG CONDITIONAL USE PER.MlT
PAGE 13 OF 21
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC COMMENTS (Conditional Use Permit)
]. Applicant shall meet all of the requirements of the preliminary plat as <1 conditlon of the
Conditional Use Permit.
2. At least 10 days prior to the next public hearing, the Applicant shall submit a detailed plan
for the proposed park and tot lot.
3. All development shall comply with the Americans with Disabilities Act and the fair I-lousing
Act.
4. No building permits shall be issued within the development until a Final Plat has been
recorded for the subdivision.
C. Adopt the recommendations of the Ada County Highway District as follows:
Special Recommendation to tbe City of Meridian
Because the I-acre parcel adjacent to the northeast corner of the site is an "out parcel,"
the District can not req ui re the applicant to construct sidewalk abutting that I-acre parcel
bec<1use it is not a part of the subdivision plat. The District does however recognize that
there are <I number of schools in the area and that pedestrian safety is a concern.
Therefore the District is making a special recommendation to the City of Meridian that
the applicant be required to construct a 5-foot wide concr-ete sidewalk along Locust Grove
to connect to the sidewalk that is required to be constructed along Locust Grove with this
application. There is sufficient existing right-of-way for the construction of the sidewalk
on the out parcel; the f<1ce of the sidewalk would need to be located 28-feet from the
centerline in the existing 33-feet of right-of-way. If this additional sidewalk is
constructed, there will only remain approximately 170-feet of frontage on Locust Grove
in need of sidewalk in order to connect to Hav<1sLl Creek Subdivision.
Site Specific Conditions of Approval
I. The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet of right-of-way along Locllst Grove Road, and
construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a
2-feet within the new right-of-way,
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 14 OF 21
{
b. Do not dedicate additional right-or-way, but construct a minimum 5-foot wide concrete
sidewalk along Locust Grove Road, located a minimum of 28-fect from the centerline 01'
the right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimulll 5-1'oot wide concrete
sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way.
Accomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
2. Construct West Star Lane, west of Locust Grove approximately 470-feet west into the site
(or up to the westernmost commerci al driveway on West S tar Lane), as a 40- foot street
section with curb, gutter, and4-foot detached concrete sidewalk and 5-footlandscaping
strip within 54-feet of right-of-way in accordance with district policy for commercial
roadways.
3. Construct West Star Lane, west of the last commercial driveway as a 29-foot street
section with curb, gutter, and concrete sidewalk within 50-feet of right-of-way as
proposed.
4. Construct North Heritage View A venue, Rei terman A venue, and North H eri tagc Woods
Avenue ns 29-foot street sections with curb, gutter, and concretc sidewalk within 50-fcct
of right-of-way as proposed.
5. Construct 4-foot detached concrete sidewalks with 5-foot landscaping strips abutting all
of the internal roadways as proposed.
6. Install a sign at the terminus of the stub streets stating that, "TI-IIS ROAD WILL BE
EXTEND ED IN TI-IE FUTURE."
7. Comply with all Standard Conditions of Approval.
Standard Conditions ofApproJ!al
I. Any existing irrigation facilitics shall be relocated outside of the right-of-way.
2. All utility relocation costs associnted with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any tbatmay be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 15 OF 21
(
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contnct the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manunl, 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 certi fy all improvement plans.
6. The appl icant shall submit revised plans for staff approval, prior to issuance 0 r bui Idi ng
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Qrdinance #198, 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. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLlNE (1-800-342-1585) at least two
fuJl 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 (sp8l'e
or filled) are compromised during any phase of construction.
I n. No change in the terms and conditions oCthis approval shall be valiclunless they arc ill
writing and signed by the npplicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Acla 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.
D. Adopt the recommendations of the Meridian Fire Department as follows:
1. Provide afire-flow per the International Fire Code Appendix D to service the project. Fire
FINDINGS OF FACT AND CONCLliSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 16 OF 21
hydrants shall be placed an average of 400' apart.
2. All roads internal fire lanes and entrances shall have a turning radius of28'
inside and 48' outside.
3. All access roads within the project shall have a clear driving surface with a minimum width of
20' available at all times.
4. Operational fire hydrants and temporary or permanent street SIgns are required before
combustible construction begins.
). All streets shall be posted "No Parking Fire Lane" and all curbs painted red..
E. Adopt the recommendations 0 f the Settler's Irrigation District as follows:
I. All irrigation / drainage facilities along with their easements must be protected and continue
to function. The facilities involved are the Pat'kins-Nourse Lateral and the Heritage Drain.
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of any S.L.D.
facilities.
4. Any changes to the existing irrigation system such as relocation, tiling, ancllandscaping mllst
be approved by Settlers Irrigation District.
5. All storm drainage must be retained on-site.
6. The development must supply irrigation access to all lots within the above-mentioned
subdivision. If the developer wishes to have Settlers liTigation District own, operate, and
maintain the pressure irrigation system an agreement needs to be in place prior to the pre-
construction meeting.
7. According to the application, it is proposed that the subdivision will access a pressure
irrigation stub from the existing Havasu Creek Subdivision's pressure irrigation system. SID
has no objections to this proposal as long as the system is installed to our standards and
speci fications, and the developer ofHavasu Creek is agreeable allow connection since sro as
not assumed ownership of the system to date.
F. Adopt the Recommendations of Central District Health Department as follows:
I. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and centra] water plans must be submitted to and
approved by the ldaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE I>ER..MIT
PAGE 17 OF 21
4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surf8ce water quality.
5. The Engineers and architects involved with the design of the subject project shall obtain
CUITent best management practices for stormwatcr disposal and design a storll1watcr
manngement system that prevents groundwater and surface water degradation.
G. Adopt the action of the City Council taken at their February 3,2004 meeting as follows:
For clarification:
I. ACHD's special recommendation asked the City to require the developer to put curb,
gutter, and sidewalk on the parcel, but because the proposed property was not part of
the annexation request, and is not part of the plat request, this parcel shall remain a
county property until such time as they want to develop it.
2. For the corresponding preliminary plat application, PP-03-039, it shall be required
that prior to Final Plat submittal the applicant must receive approval from the
Meridian Fire Department for parking on one side of the proposed street sections
west of the landscape buffer dividing the residential development from the proposed
Light OtTice development. This may require a revised street section.
3. The Light Office development will require detailed Conditional Use approval.
4. Before submittal of the Final Plat, the developer shall obtain the necessary easements
and/or other written evidence of permission to install the curb, gutter and side\valk
along Locust Grove Road, which would be on an out parcel.
5. The applicant shall be required to provide 47 Y2 feet for street frontage.
6. The Meridian Fire Department has required the removal of the landscape island in the
center of the street to allow better access for fire trucks in the subdivision.
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
SII-17-9.
s
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 18 OF 21
111 accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy sel~ved by the Clerk upon the applicant, the Planning and Zoning Department, the Public
Works Department and any affected party requesting notice.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION
Plcase take notice that the conditional use permit shall be valid for a maximum pcriod 01'
eighteen (18) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as permitted ill accordance with the conditions of approvaL
satisfy the req uirel11ents set forth in the conditions of approval, acquire build i ng perm i ts and
commence construction of permanent footings or structures on orin the ground, In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
hns specified in the application and to the commission and council a construction schedule and
completion date for the project. Ifthe completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application Cor a time extension on the project Cor city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is 1118de in successive contiguoLls seglllents or
multiple phases, such phases shall be constructed within successive intervals of one year from the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be nul] and void. (MCC 11-17-
4.8.)
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERlVllT
PAGE 19 OF 21
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner mny
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body ofthe City of
Meridian, pursuant to Tdnho Code ~ 67-652] an affected person being a person who has an
illterest in real properly which may be adversely affected by the issuance or denial of the
conditional use permit approval may within twenty-eight (28) clays after the date ol~this decision
and order seck a judicial review as provided by Chapter 52, Ti tle 67, Idaho Code.
By action of the City Council at its regular meeting hel cI on the
/1 rf;
day of
Fe6rUUA:J ,2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED ~
COUNCILMAN CHARLIE ROUNTREE
VOTED~
COUNCILMAN KEITH BI.RD
VOTED$'--
MA YOR TAMMY de WEERD (TIE BREAKER)
DATED: Z - /7,-04-
VOTED -
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 20 OF 21
MOTION: v:
APPROVED:~~
DISAPPROVED:
Attest:
~ ~
'#-n $
Ii I Jam G. Berg, Jr., City lerk::;. 'O....tj'/ <;;jr 1$'1 . $ .t
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II~ !'i i "G · \\\
Copy served llpon AppliGant, Planning and L!&l'1jng,dil~f'Jartment, Public Works
Department nnd the City Attorney.
By:J/~fr~~
City Clerk
Dated:
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FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTlNG CONDITIONAL USE PERMIT
PAGE 21 OF 21
(
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERlVIIT FOR A PLANNED
DEVELOPMENT FOR
RAZZBERRY CROSSING
SUBDIVISION IN R-8 AND L-O
ZONES, LOCATED ON THE WEST
SIDE OF LOCUST GROVE ROAD,
SOUTH OF EAST McMILLAN
ROAD, MERIDIAN, IDAHO
CARL AND BONNIE REITERMAN,
APPLI CANT
ClC 02/03/04
)
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Case No. CUP-03-062
ORDER GRANTING
CONDITIONAL USE PERMIT
I. This matter coming before the City Council on February 3,2004, under the
provisions of Meridian City Code ~ 11-17-4 for final action on conditional use permit application
and the Council having received and approving the Recommendation of the Planning and Zoning
Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use permit for a Planned
Development consisting of34 residential building lots, 4 professionnl olTice lots, ancl 6 other lots
on 11..31 acres in proposed R-8 and L-O zones for Razzberry Crossing SubdiVision located on
the west side of LOCllst Grove Road, south of East McMillan Road, Meridian, Jdaho, subject to
the following conditions of use and development:
ORDER CONDITIONAL USE PEI~VIIT
(Cl iP-03-0(2)
PAGE 1 OF 9
A" Adopt the Specinl Rccommendations of the Planning and Zoning Commission as follo\vs:
1. Dcletc the last sentence of Comment no. I on page 10.
B. Adopt the Rccommendations of the Planning and Zoning and Engineering slaff as
follows:
SITE SPECIFIC COMMENTS (Conditional Use Permit)
I. Applicant shall meet all of the requirements of the preliminary pint as n condition of the
Conditional Use Permit.
2. At least 10 days prior to the next public hearing, the Appl icant shnll submit a dctai led plan
for the proposed park and tot lot.
3. All development shall comply with the Americans with Disabilities Act and the Fair Housing
Act.
4. No building permits shnll be issued within the developmcnt until a Final Plat has been
record eel for the su bd i vi sion.
C. Adopt the recommendations of the Ada County 11.ighway District as follows:
Special RecoJ1lmendation to the City ofIVleddia/1
Because the l-acrc parcel adjacent to the northeast corner of the site is an "out parcel."
the District can not require the applicant to construct sidewalk abutting that I-acre parcel
because it is not a part of the subdivision plat. The District does however recognize that
there are a number of schools in the area and that pedestrian safety is a concern,
Therefore the District is making a special recommendation to the City of Meridian that
the applicant be required to construct a 5-foot wide concrete sidewalk along Locust Grove
to connect to the sidewalk that is required to be constructed along Locust Grove with this
application. There is sufficient existing right-of-way for the construction of the sidewalk
on the out parcel; the face of the sidewalk would need to be located 28-feet from the
centerline in the existing 33-feet of right-of-way. If this additionnl sidewalk is
constructed, there will only remaill approximately 170-feet of frontage on Locust Grove
in need of sidewalk in order to connect to Havasu Creek Subdivision.
Site Specific Conditio/lS of Appro\l{d
1, The applicant shall do one of the following:
ORDER CONDITIONAL USE ])ERMIT
(CUP-03-062)
PAGE 2 OF 9
n. Dedicate by donation a total of35-feet of right-of-way along Locust Grove Rond, and
construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a
2-fect within the new right-or-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Locust Grove Road, located a minimum of28-feet fi-om the centerline of
the right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-'vvay, but construct a minimum 5-foot wide concrete
sidc\valk along Locust Grove Road, located at the back edge of the existing right-or-way.
Accol1l pi i sh all necessary adj ustl1lents to properly accol1lm odatc ex i sti ng drainage and
uti litles,
2. Construct West Star Lane, west or Locust Grove approximately 470-fect wcst into the site
(or up to the westernmost comluercial driveway on West Star Lane), as a 40-foot street
section with curb, gutter, and 4-foot detached concrete sidewalk and 5-foot landscaping
strip within 54-feet of right-of-way in accordance with district policy for commercial
roadways.
3. Construct West Star Lane, west of the last commercial drivevvay as a 29-foot street
section with curb, gutter, and concrete sidewalk within 50-feet of right-or-way as
proposed,
4. Construct North Heritage View Avenue, Reiterman Avenue, and North Heritage Woods
A venue as 29-foot street sections with curb, gutter, and concrete sidewalk within 50-feet
of ri ght -of-way as proposed.
), Construct 4- foot detac hed concrete sidewalks wi th 5-foot landscap i ng stri ps abu tti ng all
of the intcrnal roac!\vays as proposed.
6. Install a sign at the terminus of the stub strects stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE."
7, Comply with all Standard Conditions of Approval.
Standard Conditions of Appro val
I. Any existing irrigation facilities shall be relocated outside of the right-of-way,
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
ORDER CONDITIONAL USE PERMIT
(CUP-03-062)
PAGE 3 OF 9
3. Replace any existing damaged curb, gutter and sidewalk and any that Illay be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not alloweclunless approved ill
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIclaho shall prepare and certify all improvement plans.
6. The appl icant shall submit revised plans for staff approval, prior to issuance of bui Iding
permit (or other required permits), which incorporates any required design changes.
7. Construction, use ane! property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupnllcy.
8. Payment of applicable road impact fees are required prior to building construction in
nccordance with Ore!i nance # 198, 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. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLlNE (1-800-342-1585) at least two
full business clays 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) nre 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 or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
Distri ct.
II. Any change by the applicant in the planned use oCtile property which is the subject ol'this
application, shall require the applicant to comply with all rules. regulations. ordinmlces,
plans, or other regulatory and legal restrictions in foree at the timc (he applicant or Its
successors in interest advises the Highway District of its intent to change the planned usc
ORDER CONDITIONAL USE PERiVIIT
(CUP-03-062)
PAGE 4 OF 9
(
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.
D. Adopt the recommendations of the Meridian Fire Department as follows:
1. Provide a fire-flow per the International Fire Code Appendix D to service thc project. Firc
hydrants shall be placed an average of 400' apart.
2, All roads internal fire lanes and entrances shall have a turning radius of28'
inside and 48' outside.
3. All access roads within the project shall have a clear driving surface with 8 minimum width of
20' available at all times.
4, Operational fire hydrants and temporary or permanent street SIgns are reg uired before
combustible construction begins,
5. All streets shall be posted "No Parking Fire Lane" and all curbs painted red..
E. A dopt the recommendations 0 f the Settler's Irrigation District as follows:
1. All irrigation / drainage facilities along with their easements must be protected and continue
to function. The facilities involved are the Parkins-Nourse Lateral and the Heritage Dr<lin.
7 A Land Use Ch<lnge Application must be on file prior to any approv<l]s,
3. A license <Igreement MUST be signed and recorded prior to construction of any S.LD.
facilities.
4. Any changes to the existing irrigation system such as relocation, ti ling, and landscaping must
be approved by Settlers Irrigation District.
5. All storm drainage must be retained on-site.
6. The development must supply inigation access to all lots vvithin the above-mentioned
subdivision. lfthe developer wishes to have Settlers Irrigation District own, operate, and
maintain the pressure inigation system an agreement needs to be in place prior to the pre-
constmction meeting.
7. According to the application, it is proposed that the subdivision will access a pressure
irrigation stub from the existing Havasu Creek Subdivision's pressure irrigation system. SID
has no objections to this proposal as long as the system is installed to our standards and
specifications, and the developer ofHavasu Creek is agreeable allow cOlmection since SID as
not assumed ownership of the system to date.
F, Adopt the Recommendations of Central District Health Depm1ment as follows:
ORDER CONDITIONAL USE PERMIT
(Cl'P-03-061)
PAGE 5 OF 9
I. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
], Run-off is not to create a mosquito breeding problem.
4. Storm water shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and su rface water quali ty.
5. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design n storm water
management system that prevents groundwater and surface water degradation.
G. Adopt the action of the City Counci l taken at their February 3,2004 meeting as follows:
For clarification:
1. ACHD' s special recommendation asked the City to require the developer to put curb,
gutter, and sidewalk on the parcel, but because the proposed property was not part 0 f
the annexation request, and is not part of the plat request, this parcel shall remain a
county property until such time as they want to develop it.
2. For the cotTesponding preliminary plat application, PP-03-039, it shall be required
that prior to Final Plat submittal the applicant must receive approval from the
Meridian Fire Department for parking on one side of the proposed street sections
west of the landscape buffer dividing the residentinl development from the proposed
Light Office development. This may require a revised street section.
3. The Light Office development will require detailed Conditional Use approval.
4. Before submittal of the Final Plat, the developer shall obtain the neccssary casements
and/or 0 thcr wri tten evidence 0 f perm i ssion to install the cu rb, gutter and 5i dC\vn I k
,dong Locust Grove Road, which would be on an out parcel.
5, The applicant shall be required to provide 47 Y2 feet for street frontage.
6. The Meridian Fire Depmiment has required the removal ofthe landscape island jn the
center of the street to allow better access for fire trucks in the subdivision.
ORDER CONDITIONAL USE PERMIT
(CllP-03-062)
PAGE 6 OF 9
3. The above conditions arc concluded to be reasonable and the applicant shall meet
slIch requirements as a condition of approval of the application for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable '"v[thout
complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to
this permit.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT
DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless othefwise approved by the counciL During this time, the permit
holder must commence th.e usc as permitted in accordance with the conditions of approval,
satisCy the requirclllents set lorth in the conditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. [n this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has speci fi ed in the app I ication and to the commissi on and council a construction schedul c and
completion date for the project. If the con1pletion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project fOf city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects [-equiring platting, the final plat must be recorded within this eighteen (18)
Illonth period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. 111 the event that the development is made in successive contiguous segments or
multiple phases, sllch phases shall be constructed within successive intervals of one year from the
ORDER CONDITIONAL USE PERMIT
(CLIP-D3-D62)
PAGE 7 OF 9
origlnal date of approval by the council. If the successive phases are not submitted within one
year i nterva Is, the conditional approval of the future phases shall be nll II and void. (MCC 1 1-17-
4.8.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing. and must be filed with the
City Clerk not more than twenty-eight (28) clays after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City or-
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an
interest in real property which may be adversely affected by the issuance or denial of the
conditional use permit approval may within twenty-eight (28) days after the date of this decision
and order seek a judicial review as provided by Chaptcr 52, Title 67. Idaho Codc.
By action of the City Council at its regular meeting held on the
/7--1.1-
dayof
F~6ru~d-
,2004.
ORDER CONDITIONAL USE PERMIT
(CUP-OJ-062)
PAGE 8 OF 9
.A tteSl:
By.~-4~) 9-
City Clerk
Dated:
7. \Vork~r:vklllllall'.j\krlthClIl 15.1Wi\l'lbnbcrry ('rl1sslllg /\1-0.1-03.1 I'I'-O},O}9 ('1 :1'-1)}-()(,2 OllkrClIP \1(\,
ORDER CONDITIONAL USE PERMIT
(CUP-03-062)
PAGE 9 OF 9
0.. J;:;' {'1 E T~r""'D
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To: Mayor DeWeerd and the Meridian City Council;
Re: Razzbeny Crossing
~T..WC B S OFFICE
C:TY 0F ~~EmD:rp..N
January 25, 2004
I am writing conceming an item on the City Council Meeting agenda for Tuesday, FebrualY 3, 2004.
Before you will be a request for approval of a subdMsion named Razzbeny Crossing located at 4379
N. Locust Grove, Meridian. I am requesting that you do not approve the proposal as written.
My name is Teni Ingram. I live at 4320 N. Locust Grove, Meridian. Directly across the street from the
proposed development.
This development has been badly planed and badly executed since day one. Your council was wise
enough to have the developer withdraw their first application under the name Blooming Meadows. I
believe this application is almost as bad. The owners, Can and Bonnie Reitennan, have hired a new
planning consultant in pursuit of approval under the name Razzbeny Crossing. A short synopsis ofthe
histolY of this project beginning with the first P&Z meeting;
,. June 2003- Planning and Zoning recommended denial of the applications on the basis of
several items. P&Z recommended that the developers obtain a street connection to Locust
Grove at Star Lane and that the developers hold a neighborhood meeting- something that had
been neglected in the planning process.
. June 30, 2003- The developer sponsored a neighborhood meeting. 25-30 people attended
that meeting. The developer 'told' us what they were going to do. The neighbors objected to
the proposed density and to the connection to Locust Grove at Star Lane. Further we had
serious concerns about pedestrian traffic to the elementary and high schools.
. July 1, 2003- Stating that "the P&Z Commission was swayed by the public opposition to the
Comprehensive Plan that happened to manifest itself on this project." The developer appealed
to the City Council to overturn the denial of the application. The developer presented the
original proposal to the City Council with a few 'cosmetic' changes. You may recall that the
Council Auditorium was standing room only With neighbors attending in opposition to the
proposed project. City Council reprimanded the developer for wasting Council time, P&Z time,
and the neighbors' time. They further stated that density was obviously an issue with the
neighbors and asked the developer to withdraw the application and start over. This time
starting with a neighborhood meeting in which they listened to the neighbors rather than just
intonning them of what was going to be done.
. August 25, 2003- The developer sponsored a neighborhood meeting. 20-25 people attended.
The developer introduced a new planning consultant and presented the new proposal. This
time the R-15 townhouses were gone but in their place were 3 light office lots. Neighbors were
not happy with the light office concept but were told by the planner that another option was a
Circle K or a gas station. Neighbors asked to have a member of Heritage Sub be put on the
design and the CCR committees of Razzberry Crossing. (fhis has still not been done.) By the
end of the meeting, most neighbors were still not happy With the light office but were
encouraged with the fad that the planner was taking notes and appeared to be listening. The
neighbors asked that when our concerns were addressed in the plan, the developers hold
another meeting to review the changes.
. September 1, 2003- The developer sponsored the second neighborhood meeting. Turnout
was low. Those of us who did attend found to our dismay that no changes had been made to
the proposal. We were once again being told what was being done.
· January 8, 2004- The proposal for Razz.beny Crossing was presented to P&Z. The neighbors
who attended were upset by the fad that the proposal now contained 4 light office lots. Despite
neighborhood opposition the proposal met the P&Z requirements for the Comprehensive Plan
and the plan was forwarded with a recommendation for approval. The changes made were
contrary to what the existing neighbors had requested.
This timeJine leads up to the decision before you on February 3, 2004. As you make that decision I
would hope that you would take the following into consideration.
· The developers will state that the neighbors requested the street connection at Star Lane. The
P&Z meeting notes refled that one neighbor wanted that connection. That neighbor has a
vested financial interest in having the developer put in that road as it will also serve the
development he has planned on his property. All of the other neighbors who testified that night
were against the proposed connection to Locust Grove at Star Lane due to traffic congestion
at the intersection. An additional concern is the increased traffic load on Locust Grove. Media
articles have quoted ACHD as saying Meridian planning does not adequately account for ways
to pay for street improvements in north Meridian. We asked the developers to help with that
problem. Locust Grove Road is in poor condition. Per ACHD, the proposed Blooming
Meadows would have added 496 additional vehide trips per day on Locust Grove. The new
proposal, Razzbeny Crossing, with light office spaces, would add 570. The developers
'compromise' went in the wrong direction, again.
· The neighbors objected to the proposed density, both the R-15 townhouses and the R-B
residential lots. Thanks to the comments from the City Council in July, the townhouses were
removed, leaving only our feeling that the R-8 did not fit with the surrounding area. To the
north of the proposal is a 1 acre residential lot and a 2 acre residential lot. Havasu Creek
borders this development to the north and to the west and will eventually border partially on the
South. Havasu Creek is zoned R-4. Also on the south are two 5 acre lots containing one
residence. The owner of these lots has expressed the intention to divide at least one of these
lots in the future. To the east is Hernage SutxfMsfon, a development of mostly 1 acre
residential lots with a few % acre lots. The neighbors there have repeatedly expressed the
desire to see R-4 in this development as it would be more cohesive with the surrounding area.
This request has been ignored, again.
· In both of the neighborhood meetings for Razzbeny Crossing, the neighbors objected to the 3
light office spaces. Both times we were 'threatened' with having a Circle K or a gas station
being installed in our neighborhood. In the P&Z meeting on January 8, 2003, the developer
bragged to the Commission members when he said uanytime you can put an office next to
some homes, the neighbors always seem to be pretty happy with that. Unlike maybe a Cirde
K or a gas stationn. When the proposal was presented to P&z it came with 4 light office
spaces. The changes made were contrary to what the existing neighbors had requested,
again.
· The neighbors have serious safety concerns regarding access for children to the
neighbomood schools. Razzbeny Crossing is on the west side of Locust Grove, north of the
schools which are on the east side of Locust Grove. Locust Grove is a 50 mile per hour road
with no sidewalks, no shoulders, and no street lights. The children from this neighborhood will
have to walk that road in the morning in the dark and in good weather and bad. Since this
project will bring more families and more children into the area, we asked that the developers
address this issue by working with ACHD to put in sidewalks from the development to the
sidewalk in front of Heritage Commons- which has a cross walk that is manned before and
after school. Instead the developers 'compromised' by adding more than 100 feet of additional
sidewalk going north from the subdMsion- that's right, away from the schools. While I think we
all appretiate the effort, the developers 'compromise' goes in the wrong direction, again.
. Another concern for this proposal, and more importantly for this community, is the lack of
water. As stated by Planning and Zoning staff member Mr. Freckleton in the January 15. 2004
P&Z meeting, the "Meridian water supply is at capacity: Mr. Freckleton additionally said he
"could not comfortably recommend approving any new subdMsionsD until that situation has
been remedied. I agree with Mr. Freckleton. Unless the City of Meridian is prepared to allow
United Water to contract to provide water to new subdivisions, which takes money for
improving the Meridian water system out of the City's coffers, no new subdMsions should be
approved.
I would quote Councilman Nary in the July 1, 2003 meeting "You need to listen to these people. That's
why we have a neighborhood meeting process, so you'll listen to people, not for you to just tell them
what you want to do, but you listen to them and what they'd like to have. Compromise and
communication is what we are talking about." Every so called 'compromise' this developer makes
compounds the problem and communication requires a sender and a receiver. We continue to send
messages but the receiver seems to either be malfunctioning or turned off. My feeling is that the
developer is just waiting for us to gettired of trying to get our message through.
In dosing I would say that Planning and Zoning approves or denies based on the Comprehensive Plan.
If the proposal fits within the letter of the plan, they do not look doser to see whether it is the right plan
for the property and for the neighborhood. Therefore it falls on this Council to look beyond the book
and below the surface to see if the spirtt of the plan is also being met. I do not believe that it is. This
Council has the authority to remand this proposal back to Planning and Zoning until such time as the
.. developers learn the meaning of the word compromise and address the safety, density, traffic and
water supply issues.
J would ask that you do so.
Thank You,
I)
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Terri E. Ingram
4320 N. locust Grove
Meridian, ID 83642
(
February 12. 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
February 17.2004
ITEM NO.
s.s
REQUEST Request for Approval of letter to Michael le/US EPA re: Pretreatment Program
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:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HtGHW A Y DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
~
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of)(
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/'C~
Contacted:
Emailed:
Date:
Staff Initials:
Phone;
Materials presented at public meetings shall become property of the City of Meridian.
MAYOR
Tammy de Weerd
;r
..-.",...;;J<1
;''''-"::
PFcC
~ P / CITY OF F.!~li" .'
\.-/Vl8rldZ"an'--T; "- '\
\ IDAHO ~
M t-
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'~eJ> .. . . ..~'i____07
~';:;l!ICE
! 1903
LEGAL DEPARTMENT
(208) 466-9272 . FAX 466-4405
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 & ZONING
(208) 884.5533 . Fax 888-6854
CITY COUNCIL MEMBERS
Shaun Wardle
William L M. Nary
Charles M. Rountree
Keith Bird
February 9, 2004
Michael Le
Pretreatment Coordinator
US EP A, Region 10
1200 6th Avenue, OW-130
Seattle, W A 98101
Dear Mr. Le,
The City of Meridian, Idaho is dedicated to the protection of our environment and the
health of our citizens. We have passed Sewer Use and Pretreatment Ordinances and
enforce the provisions. The Meridian City Council monitors and funds the activities and
functions of the Wastewater Division of Public Works, which manages the Pretreatment
Program, ensuring that health and environmental goals are reached.
The City Council and Mayor of Meridian understand the intent and endorse the
Pretreatment Program and will continue to support it in the future.
Tanuny de W I'd
Mayor, City of Meridian
33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 . (208) 888-4433
City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813
WHITE PETERSON
KF.V1N E. DINIlJS
JlJLIF. KLEIN FiSCHF.R
CHRISTOPliF.R D, GABBERT
WM, F. CrORAY, J[J
T, GUY HALLAM, JR,"
JiLL S. HOLrNKA
D. SAMUEL JOHNSON
WILLIAM A. MORROW
WILLIAM F. NICliOLS"
WHITE, PETERSON, MORROW, GlORAY, ROSSMAN, NYE & ROSSMAN, P.A.
ATTORNEYS AT LAW
CANYON PARK AT THE IDAHO CENTER
5700 EAST FRANKLIN ROAD, SUITE 200
NAMPA, IDAHO 83687-7901
TEL (208) 466-9zn
FAX (ZOB} 466-4405
CHRISTOPliER S. NYE
PHILIP A. PETERSON
ERICA S. PHILLIPS
ERIC S. ROSSMAN
TODD A. ROSSMAN
TERRENCE R. WHITE..
NICHOLAS L. WOLLEN
"ALSO ADMITTED IN OR
November 11,2003
"ALSO ADMITTED IN WA
Michael Le
Pretreatment Coordinator
US EPARegion 10
1200 6th Avenue, OW-l30
Seattle, WA 98101
Re: City of Meridian, Idaho Municipal Pretreatment Program - Attorney's
Statement
Dear Mr. Le:
I am the City Attorney for the City of Meridian, Idaho, and the following statement is
submitted pursuant to the requirements contained in the Code of Federal Regulations section
403 .9(b )(1) regarding legal authority for the City of Meridian, Idaho, to implement the City's
Pretreatment Program.
It is my opinion that the City of Meridian has adequate authority to carry out the
program described in 40 CFR ~403.8 based on authority granted to it by ~2, Article 12 ofthe
Idaho Constitution, Idaho Code 50-304, and Chapters 2 and 4 of Title 9 of the Meridian City
Code.
The following references to the legal authority requirements of 40 CFR g403.8(f)(1)
are correlated with appropriate sections of the Meridian City Code which provide the
required authority. Where the authority is not apparent from a reading of the
ordinance provisions, an explanation is provided.
General. Meridian City Code ~S9-4-3, 9-4-6 and 9-4-26A.7 provide, that all
connections to the sewer system of the City of Meridian, whether located within, or outside
of the city limits, shall be made subject to such tenus and conditions as the City of Meridian,
through its City Council, may prescribe. Pursuant to this authority the City Council of the
City of Meridian has adopted Chapters 2 and 4 of Title 9 of the City Code, setting forth the
terms and conditions upon which all users, including industrial users, may connect to the
system.
403.8(f)(1)(i). New contributions to the City sewer system may not be made without
an industrial user first obtaining a Sewer Use Permit (MCC 9-2-4D) which may contain
various conditions and prohibitions (lMCC 9-2-5A). Existing industrial users (those
connected to the system prior to January 23, 2001), shall be required by the superintendent to
~;,.'
Michael Le
November 11, 2003
Page 2 of3
obtain a Sewer Use Pemllt (MCC 9-2-4A.2.). If there has been an increase or change in an
industrial user's contribution to the system, the user is required to re-apply for those changes
(MCC 9-2~6A.), and the superintendent may change the conditions of any Sewer Use Pennit
as circumstances may require (MCC 9-2-6A.2.).
403.8(f)(1)(ii). In order to require compliance with applicable Pretreatment
Standards, the City of Meridian must be able to require compliance with EPA's listed
General prohibitions (403.5(a)), Specific prohibitions (403.5(b)), and Local limits
developed to implement the General and Specific standards (403.6). Meridian City Code 9-
2-2A and 9-4-9 prohibit any discharge to a sewer which will result in a nuisance or
combination of nuisances, or pollution of receiving waters. Meridian City Code 9-2-2A
also prohibits conditions which violate any statute, rule, regulation or ordinance of any public
agency (including EPA). This same section (MCC 9-2-2A) also prohibits those discharges
prohibited by EPA Regulations. These sections empower the City of Meridian to enforce the
General and Specific prohibitions contained in 40 CFR 403.5(a) and (b). When local
discharge limits are developed pursuant to 403.5(c) and (d), they may be imposed by the
Superintendent as a pe~it condition pursuant to MCC 9-2-2D. National Categorical
Pretreatment Standards may also be imposed as a pennit condition pursuant to MCC 9-2-2A
andB.
403.8(:t)(I)(iii). The City of Meridian has control via a pennit system authorized by
MCC 9-2-4 and 9-2-5. A pennit application form appears in Appendix B of the City of
Meridian Pretreatment Program.
403.8(f)(l)(iv)(A). The Sewer Superintendent for the City of Meridian may, to
remedy a violation of the City Code or Sewer Use Permit, require a user to develop a
compliance schedule for installation of control teclmology under MCC 9-2-7 and 9-2-1OC.
Additionally, the superintendent may require a compliance schedule as part of the required
information under MCC 9-2-4E.9., as a condition of obtaining a Sewer Use Penuit.
403.8(f)(1 )(iv)(B). The City of Meridian Sewer Superintendent may require a user to
submit all notices and self-monitoring reports required by EPA Regulations through authority
granted inMCC 9-2-6B andD.
403.8(f)(1)(v). The City of Meridian Sewer Superintendent may carry out inspection,
surveillance, and monitoring procedures 1ll1der authority granted in MCC 9-2-7B.
403.8(f)(l)(vi)(A). The City of Meridian may seek remedies for non-compliance
with Pretreatment Standards and Requirements. As a matter of general law, the City of
Meridian may seek injunctive relief for non.compliance since any such non-compliance
might result in irreparable hann to the treatment plant, to the health and safety of plant
workers, and to the environment; and since damages at law would not be an adequate remedy
MCC 9-2-11D provides that intentional violation ofthe ordinance is a misdemeanor, which is
punishable by a fine not to exceed $300.00, imprisonment not to exceed six (6) months or
both. See also MCC 1-4-1A. Additionally, a civil liability is imposed by MCC 9-2-11B for
intentional or negligent violation oft11e City of Meridian's requirements relating to (I)
Michael Le
~ovemberll,2003
Page 3 of3
pretreatment of industrial waste, which would otherwise be detrimental to the treatment
works or its operation, and (2) the prevention of entry of such waste into the collection
system or treatment works. The civil liability may equal a sum not to exceed $1,000.00 per
day per violation.
403.8(f)(1)(vi)(B). The City of Meridian Sewer Superintendent may, under MCC 9-
2-10 (B) temporarily suspend a Sewer Use Pennit or impose temporary restrictions on
discharges for continued discharges that would jeopardize the ability of the treatment system
to meet water quality standards, tlrreaten damage to the sewer system, or cause a nuisance or
an unsafe condition to occur. MCC 9-2-10 (B) requires compliance with restrictions or
cessation of discharges at the effective time of such action.
403,8(t)(1)(vii). Confidentiality requirements are provided for in MCC 9-2-8 entitled
"Confidential Information".
The City of Meridian, Idaho intends to ensure compliance with Pretreatment
Standards and Requirements through an Inspection and Sampling Program authorized under
MCC 9-2-7B, which would allow for the determination of non-compliance with discharge
limitations and requirements independent of infoffimtion supplied by the industrial user. The
fuspection and Sampling Program is described in the Program Procedures portion of this
submission.
Those violating permit conditions will be ordered to "Cease and Desist" (MCC 9-2-
1 OF, and are subject to having service terminated (MCC 9-2-1 OR), and their permit revoked
(MCC 9-2-5G). The City of Meridian, Idaho is prepared to take court action where necessary
to enforce compliance with its code, permits, or orders.
As stated above, the City of Meridian, Idaho will implement the requirements of its
Pretreatment Program and apply Pretreatment Standards to individual industrial users through
use of a Sewer Use Pennit System, and by direct enforcement of its Sewer Use Code. A
description of the exact procedures to be used in implementing the Pretreatment
Program is provided in the Program Procedures portion of the City of Meridian's
Pretreatment Program.
If
ve~~_
Wm. F. ~ichols
Meridian City Attorney
Z:\Work\M\Meridian\Meridian 15360M\Sewer\Le Michael IRS Pretreatmt Program Itr 11 11 03.doc
February 12, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
February 17,2004
ITEM NO.
s-~
REQUEST Sewer Main Easementfor Parkway Subdivision
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:
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:
~vU
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Material! presented at public meetings shall become properly of the City of Meridian.
City of Meridian
Public Works Dept.
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FEB 'I 1 2004
Memo
City Of Meridian
City Clerk Office
To: Mayor de Weerd & City Council
From: Brad Watson, P.E.
CC: File, Gary Smith, PE, City Clerk
Date: 2/1112004
Re: Proposed Agenda Items for 2/17/04 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
2/17/04 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Sewer Main Easement for Parkway Subdivsion.
Typical water main easement This easement is for the Off-site sewer main.
Recommended Council Action: Approve the Sewer Main Easement for
Parkway Subdivsion and authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration.
. Page 1
SANITARY SEWER EASEMENT
January 23. 2004
TIllS lNDENTURE, made this _ day of ,20_between Roberta L. Charlton. the party
of the first part" and hereinafter called the Grantors, and the City of Meridian, the party of the second
part, and hereinafter called the Grantee;
WITNESSETH:.
WHEREAS, the Grantors desire to provide an 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 sanitary
sewer line over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a sanitary
sewer line and their allied facilities, together with their maintenance, repair and replacement
at the conve~ence 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 existenfprior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
C:\projects\2003\05\30507 - Parkway\Correspondence\Out-going\EASMT.SWR.doc
EASMT.SWR.doc
Page 1
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 l?e placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the
right-of-way and easement hereby granted shall become part of, or lie within the boundaries
of any public street, then, to such extent, such right-of-way and easement hereby granted
which lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
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 1he title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS \VHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
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, Roberta L. Ch3.rlton
STAlE OF IDAHO )
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County of Ada )
On this :3 CJ day of tlt /)L: . E? .' 200:;before me, 1:l}e undersigned, a Notary
~ubli.c in and for said Stafu, personally peared 1?-1r~7C (!An /? /TL'/) ,knownor
Identified to me to be the person that executed the WIthin mstrument, and acknowledged to
me that such he/she executed the same.
IN' WITNESS \VHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
C:\projects\2003\05\30507 - Parkway\Correspondence\Out-going\EASMT.SWRdoc
EASMT.S'WR.doc
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Commission Expires: //1/..'::;: //
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GRANTEE: CITY OF MERIDIAN
Tammy De Weerd, Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On:
C:\projects\2003\05\3 0507 - Parkway\Correspondence\Out-going\EASMT.SWR.doc
EASMT.SWR.doc
Page 3
STATE OF IDAHO, )
: 55.
County of Ada )
On this day of I 2003, before me, the
undersigned, a Notary .Public-in arKlfor:said State, ;personally appear.ed TAMMY DE
WEERD and WILLIAM G, BERG, JR, known to me to be the Mayor and City Clerk,
.respectively, .of the' City:af Meridian, ,Idaho I and who ,executed the within .instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNeSS ;WMER€OF, 4 ;btave ;hereunto 'set my -hood and affixed my
official seal the day and year first above written,
{SEAL}
NOTARY -PUBUC -FOR lDAFlO
RESIDING AT:
MY COMMISSION EXPIRES:
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EXHIBIT "A"
HEARTLAND-GLASGOW
SEWER DESCRIPTION
A 30.00 foot wide sanitary sewer easement, located in the NE lf4 of Section 1, T. 3 N., R. 1 W.,
B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the northeast comer of Section 1, of said T. 3 N., R. 1. W.;
Thence South 00017'24" West, 933.45 feet;
Thence North 89019'53" West, 1306.84 feet to the northwest comer of Lot 8, Block 4 of
Salisbury Lane Subdivision, as same is shown on the plat thereof recorded in Book 80 of Plats at
Page 8677, of Ada County Records;
Thence continuing North 890 19'53" West, 25.00 feet on the northerly boundary line of said
Salisbury Subdivision to a point on an existing sewer line, the REAL POINT OF BEGINNING
of the centerline of a 30.00 foot wide sewer and water easement, said easement being 15.00 feet
on each side of the following described centerline;
Thence North 00032'56" East, 120.00 feet;
Thence South 89019'53" East, 115.00 feet to a point on the easterly boundary line of that parcel
ofland as described in Parcel V of that Warranty Deed recorded as Instrument Number
97072987, of Ada County Records, said point being the point of terminus of this easement
centerline. The sidelines of this easement are to be extended or shortened to create a continuous
30.00 foot wide strip.
ALSO INCLUDING a 100 foot wide temporary construction easement being centered on the
above described easement centerline, for use during construction and maintenance of the subject
sewer line.
Michael E. Marks, PLS, No. 4998
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SALISBURY LANE SUBDfVlSlON
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January 31, 2004
MERIDIAN CITY COUNCIL MEETING February 3, 2004
APPLICANT Landmark Engineering and Planning, Inc. ITEM NO.
REQUEST Findings - Request for Preliminary Plat approval of 66 single-family building
lots and 2 common lots on 15.04 acres in a proposed R-8 zone for proposed Windsong Subdivision -
west of North Linder Road and north of West Ustick Road
PP 03-037
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Findings
/IO/OtY
pbflL
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
February 5, 2004
MERIDIAN CITY COUf\JClL MEETING
PP 03-037
February 10, 2004
APPLICANT Landmark Engineering and Planning, Inc,
ITEM NO.
U ...r,
REQUEST Tabled Findings from 2/3/04 -- Request for Preliminary Plat approval of 66 single.family
building lots and 2 common lots on 15.04 acres in 0 proposed R-8 zone for proposed Windsong
Subdivision -- west of North Linder Rood and north of West Ustick Rood
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT;
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
See attached Findings
tt'J
r rJij.,
[;uti (jrP'
US WEST:
INTERMOUNTAIN GAS:
MERIDIAI\) POST OFFICE:
OTHER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR WINDSONG
SUBDIVISION FOR 66 SINGLE-
FAMIL Y BUILDING LOTS AND 2
COMMON LOTS ON 15.04 ACRES
IN AN R-8 ZONE, MERIDIAN,
IDAHO
BY: LANDMARK ENGINEERING
& PLANNING, INC.
APPLICANT
C/C 01120/04
Revised per CIC 02/1 0104
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. PP-03-037
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 January 20, 2004, and Brad Hawkins-Clark Assistant Planner for the Planning and Zoning
Department, Clint Boyle, Joan Rath, Becky Mc Kay, and Brad Watson, appeared and testified,
and the City Council having received a report from Craig Hood Associate City Planner for the
Plmming and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City
Council having received as part of the record of this matter the recommendation to City Council
ofthe Planning and Zoning Conunission and the applicant having submitted the
"PRELIMINARY PLAT SHOWING WINDSONG SUBDIVISION, A PORTION OF THE SE
y.; OF THE SE 'l4 OF SECTION 35, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE
MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2003, PRELIMINARY PLAN SHOWING
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT
WINDSONG SUBDNISION 1 (pP-D3-D37)
PAGE 1 OF 16
WINDSONG SUBDIVISION TITLE SHEET, CITY OF MERIDIAN, IDAHO, PROJECT NO
C03007, SHEET 1 OF 4, DATE: 10-09-03, HANDWRITTEN DATE: 10-14-03, DRAWN BY:
DLP, DESIGNED BY: JGC, CHECKED BY: J.G. CARPENTER P.E., STUBBLEFIELD
CONSTRUCTION CO., INC. - DEVELOPER/OWER, IDAHO SURVEY GROUP -
SURVEYOR, LANDMARK ENGINEERING & PLANNING, INC. - PLANNERS",
Stubblefield Construction Co., Inc. - 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 findings:
FINDINGS OF FACT
1. That the proposed development is in conformance with the Amended
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 Amended Comprehensive Plan Map, adopted August 6, 2002,
Resolution No. 02-382, and the property is presently zoned RUT, and requires
connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2]
2. The preliminary plat is in confonnance with the Amended
Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382.
3. The applicant has requested Annexation, Zoning, and Preliminary Plat
approval of sixty-six building lots and two other lots on 15.04 acres ofland located near
the northwest corner of Us tick Road and Linder Road. This site is designated as
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDIVISON / (pP-03-037)
PAGE 2 OF 16
Medium Density Residential on the City of Meridian Future Land Use Map. The
requested zoning designation for the property is R -8. The gross density of the proposed
subdivision is 4.4 dwelling units per acre. The net density of the subdivision is 5.7
dwelling units per acre. The single-family building lots within the subdivision range
from 6,500 square feet to 11,745 square feet. All housing types are proposed as single-
family detached. Approximately 5.1 percent (0.76 acres) ofthe gross area ofthe site is
devoted to open space. The applicant is proposing to construct the development in two
phases. The subject site is currently used for agricultural purposes.
The subject site does not currently have any public street frontage. Access to the
site is currently provided via an easement across a parcel to the east. Sometimes this
indicates that it is an illegal parceL However, the applicant has provided staff with a
copy of a deed showing that the subject parcel has been in the same configuration since
1978, prior to the City adopting a Zoning and Development Ordinance.
The applicant is requesting a waiver of the requirement to cover, tile, or pipe the
Creason Lateral abutting the southern boundary of the site. Meridian City Code 12-4-13
requires all irrigation ditches, laterals or canals, exclusive of natural waterways to be
covered and enclosed with tiling or other covering.
The applicant is proposing to extend two stub streets into the subject property
from previously approved developments to the north and west. As part of the approval
for Watersong Subdivision, Timberlakes Way was stubbed to the north property line of
the subject site. As part ofthe Bridgetower development, Crossland Drive was stubbed
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDIVISON / (pP-03-037)
PAGE 3 OF 16
to the west property line of the subject site. The applicant is extending the above-
mentioned stub streets and providing two additional stub streets to the two undeveloped
parcels to the east.
4. In Chapter VII of the Comprehensive Plan, medium density is defined as
areas including single-family homes at densities of three to eight dwelling units per acre.
It is found that the proposed single-family residential subdivision, with a gross density
of 4.4 dwelling units per acre (net 57 dwelling units per acre), is harmonious with and in
accordance with the 2002 Comprehensive Plan and Future Land Use Map, which
designates the land to be Medium Density Residential.
5. It is found that public services are available to accommodate the proposed
development.
6. It is found that the subdivision will not conflict with the capital
improvement program because the developer is required to install sewer, water, local
street infrastructure, utilities and irrigation, for the development at their cost.
7. It is found that the City and its related services are capable of servicing
the proposed development. The development will not require major expenditures for
providing supporting services.
8. It is found that there should not be any other health, safety or
environmental problems, associated with this subdivision that should be brought to the
City's attention. ACHD considers road safety issues in their analysis; no hazardous
natural features have been identified on the site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDIVISON 1 (pP-03-037)
PAGE 4 OF 16
9. It is found that the Creason Lateral lies contiguous to the south boundary
of the subject property and is a feature that will need to be protected.
10. The applicant has submitted for consideration of this approval drawing of
the preliminary plat herein designated as: "PRELIMINARY PLAT SHOWING
WINDSONG SUBDIVISION, A PORTION OF THE SE ~ OF THE SE ~ OF
SECTION 35, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO 2003, PRELIMINARY PLAN SHOWING
WINDSONG SUBDIVISION TITLE SHEET, CITY OF MERIDIAN, IDAHO,
PROJECT NO C03007, SHEET 1 OF 4, DATE: 10-09-03, HANDWRITTEN DATE:
10-14-03, DRAWN BY: DLP, DESIGNED BY: JGC, CHECKED BY: J.G.
CARPENTER P.E., STUBBLEFIELD CONSTRUCTION CO., INC.-
DEVELOPER/OWER, IDAHO SURVEY GROUP - SURVEYOR, LANDMARK
ENGINEERING & PLANNING, INC. - PLANNERS".
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT
SHOWING WINDSONG SUBDIVISION, A PORTION OF THE SE ~ OF THE SE ~ OF
SECTION 35, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN,
ADA COUNTY, IDAHO 2003, PRELIMINARY PLAN SHOWING WINDSONG
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDNISON I (pP-03-037)
PAGE 5 OF 16
SUBDIVISION TITLE SHEET, CITY OF MERIDIAN, IDAHO, PROJECT NO C03007,
SHEET 1 OF 4, DATE: 10-09-03, HANDWRITTEN DATE: 10-14-03, DRAWN BY: DLP,
DESIGNED BY: JGC, CHECKED BY: J.G. CARPENTER P.E., STUBBLEFIELD
CONSTRUCTION CO., INe. - DEVELOPER/OWER, IDAHO SURVEY GROUP -
SURVEYOR, LANDMARK ENGINEERING & PLANNING, INC. - PLANNERS",
Stubblefield Construction Company, Inc., Developer is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows: .
1. Add a Site Specific Condition #10 stating: that the boundary dispute between this
property and the neighboring property to the east on the south portion ofthis
property shall be resolved before signature on the final plat. Resolved shall mean
one ofthe following:
a. The neighbor withdraws the claim; or
b. The Plat shall be redrawn to account for the claim; or
c. There is a court order that resolves the claim.
(Per action of the City Council taken at their 2-10-04 meeting.)
2. General Condition #5 to read: For the perimeter fencing, the applicant shall be
allowed the option of either a six-foot solid or semi-private fencing, similar to
Bridgetower's semi-private fencing, with approval by the Planning and Zoning
Department.
3. Modify General Condition #5 to include a new sentence at the end ofthe
paragraph stating: The Applicant will work out with the neighbor to the east on
the northern portion of this Applicant's property where and how that fence will be
built.
B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning
and Engineering Departments as follows:
SITE SPECIFIC CONDITIONS
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDIVISON ! (pP-03-037)
PAGE 6 OF 16
1. Extend Crossland Drive and Timberlakes Way, previously approved stub streets to
the north and west, into the subject site. Prior to the City Engineer's signature of a
final plat, either the Timberlake Way or Crossland Drive stub street(s) shall be
constructed to this site. Said road(s) shall be constructed and approved by ACHD.
2. Construct two (2) new stub streets to the abutting properties to the east, as proposed.
Windswept Street and Sahara Street shall be constructed as stub streets to Parcel
Nos. S0435449700 & 80435449905.
3. In accordance with Meridian City Code 12-4-13.A.l, the Applicant shall be required
to tile or cover the Coleman Lateral. The Applicant shall not be required to tile or
cover the Creason Lateral abutting the site. Any ditch, canal or lateral to be piped
shall be shown on plans, which shall be approved by the appropriate
irrigation/drainage district, or lateral users association, with written confinuation of
said approval submitted to the Public Works Department.
4. Prior to development plan approval, a copy of a signed agreement for the proposed
buildable lots that encroach into the existing Nampa & Meridian Irrigation District
(NMID) easements shall be submitted to the Public Works Department. IfNampa
& Meridian Irrigation District does not approve the encroachments as proposed,
buildable lot lines shall be set at the boundary line of the encroachment and the
Applicant shall create a common lot for the non-encroachment areas.
5. Underground year-round pressurized irrigation must be provided to all lots within
this development. The City of Meridian requires that pressurized irrigation systems
be supplied by a year-round source of water. If the pressurized irrigation system
within this development is to remain a private homeowners' association system,
complete plans and specifications shall be reviewed by the Public Works
Department as part of the development plan review process. A draft copy of the
pressurized irrigation system O&M manual shall be submitted prior to plan
approval. The Applicant shall be required to utilize any existing surface or well
water for the primary source. If a surface or well source is not available, a single-
point connection to the culinary water system shall be required. If a single-point
connection is utilized, the developer shall be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City
Engineer.
6. Lots 2 and 3, Block 1, and Lots 23 and 24, Block 1 shall utilize common driveways,
as proposed. Frontage for Lots 2, 3, 23 and 24 may be reduced to 15 feet
(minimum). Said common driveways shall be constructed a minimum of 16-feet
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDIVISON / (pP-03-037)
PAGE 7 OF 16
wide, with gravel and asphaltic concrete paving as outlined in Meridian City Code
12-4-14.
7. Except for the lots listed in Condition #6 above and Lots 14,22 and 25 all buildable
lots within the proposed subdivision shall have a minimum 65 feet of street
frontage. All buildable lots within the subdivision shall have a minimum lot area of
6,500 square feet.
8. Sanitary sewer and water service to this site shall be via main line extensions from
existing mains or mains being installed adjacent to the property. The applicant shall
be required to extend sewer and water mains to and through the proposed
development, thereby making them available to the adjacent properties. The
Applicant shall coordinate main sizing and routing with the Public Works
Department.
9. Submit fin-al groundwater/soils monitoring data as prepared by a soils scientist with
the final plat. Any drainage areas (detention/retention basins) must be designed to
ensure that water will percolate or discharge within a period oftime not to exceed 24
hours for all storms up to and including a 1 OO-year storm event. Side slopes within
drainage areas shall not exceed 3: 1. The project engineer should pay close attention
to the results of field studies determining the groundwater, soil type & and
characteristics during the design and construction phases.
10. The boundary dispute between this property and the neighboring property to the
east on the south portion of this property shall be resolved before signature on the
final plat. Resolved shall mean one of the following:
1. The neighbor withdraws the claim; or
2. The Plat shall be redrawn to account for the claim; or
3. There is a court order that resolves the claim.
(Per action of the City Council taken at their 2-10-04 meeting.)
GENERAL COMMENTS
1. All conditions of the accompanying Annexation/Rezone application shall also be
considered conditions of the Preliminary Plat.
2. Submit a copy of the Ada County Street Name Committee's approval letter for the
subdivision name, and the lot and block numbering. Make any corrections
necessary to conform.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT
WINDSONG SUBDIVISON 1 (pP-03-037)
PAGE 8 OF 16
3. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
4. Streetlights will be required at locations designated by the Public Works
Department. All streetlights shall be installed at the expense of the Applicant.
Typical locations are at street intersections and/or fire hydrants.
5. A detailed fencing plan shall be submitted upon application ofthe final plat. A 6-
foot S&Iid fence shall be required around the perimeter of the subdivision, which will
be either solid or match the perimeter fence of Bridget ower Subdivision, unless the
City agrees in writing that such a fence is not required. If a new conunon lot is
created along the north side of the Creason Lateral, perimeter fencing shall be
constructed on the north side of the conunon lot. All fences shall taper down to 3
feet maximum within 20 feet of all right-of-way. The Applicant will work out with
the neighbor to the east on the northern portion of this Applicant's property where
and how that fence will be built.
6. A detailed landscape plan for the common areas, including pathways and types of
construction, shall be submitted for review and approval with the submittal of the
final plat applications. The plan must include sizes and species of trees, shrubs,
berminglswale details, and all proposed ground coverltreatment.
7. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be removed.
8. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per MCC 9-1-4 and 9-4-8. Wells may be used
for non-domestic purposes such as landscape irrigation.
9. Developer shall coordinate mailbox locations with the Meridian Post Office.
10. 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.
11. A letter of credit or cash surety in the amount of 110% will be required for all
landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature of
the final plat.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDIVISON 1 (pP-03-03?)
PAGE 9 OF 16
C. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Construct Sirocco Avenue to offset Timberlakes Way a minimum of 125-feet
(measured centerline to centerline).
2. Extend Timberlakes Way from the north property line approximately 2I5-feet
east of the west property line, as proposed.
3. Extend Crossland Drive from the west property line approximately 465-feet north
of the south property line, as proposed.
4. Construct a stub street to the east property line approximately 1I5-feet south of
the north property line, as proposed. Install a sign at the terminus of the roadway
stating that, '1THIS ROAD WILL BE EXTENDED IN THE FUTURElf.
5. Construct a stub street to the east property line approximately 385-feet north of
the south property line, as proposed. Install a sign at the terminus ofthe roadway
stating that, lfTHIS ROAD WILL BE EXTENDED IN THE FUTURE".
6. Construct the internal roadways as 36-foot street sections with curb, gutter and 5-
foot concrete sidewalks within 50-feet of right-of-way, as proposed.
7. 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 years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDIVISON 1 (pP-03-037)
PAGE 10 OF 16
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with aU
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #198, 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. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest advises the Highway District
of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
D. Adopt the Meridian Fire Department Recommendations as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDNISON / (pP-03-037)
PAGE 11 OF 16
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart.
2. Acceptance test of the water supply for water quality must be completed before
combustible construction begins.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4. The phasing plan may require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have a turn around.
5. All roads shall have a turning radius of 28' inside and 48' outside.
6. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
7. A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes. The cumulative effect of the adjacent
subdivision should be included in this calculation.
8. The roadways shall be built to Ada County Highway Standards and shall have a clear
driving surface, available at all times, which is 20' wide.
E. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change application prior to final platting.
2. All laterals and waste ways must be protected.
3. The District's Creason Lateral courses along the south boundary of this proposed
project. This easement must be protected and any encroachment without a signed
License Agreement and approved plan, before any construction is started, is
unacceptable.
4. All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the Nampa & Meridian Irrigation District must review drainage
plans.
5. The Developer must comply with Idaho Code 31-3805.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDIVISON! (pP-03-037)
PAGE 12 OF 16
6. NMID recommends that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
F. Adopt the Recommendations/Comments of Joint School District No.2 as follows:
1. The Meridian School District has experienced phenomenal student growth the last ten
years. The high schools, middle schools, and elementary schools throughout the district are
operating over capacity.
2. Approval of Wind song Subdivision will have a significant impact on school enrollments
at Ponderosa Elementary, Eagle Middle, and Eagle High School.
3. We can predict that these homes, when completed, will house twenty (20) elementary aged
children, eighteen (18) middle school aged children, and fourteen (14) senior high aged
students. Additional students will further compound the current overcrowded situation.
4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is
currently operating beyond capacity. Future development will continue to have an impact
on the district's capacity.
G. Adopt the Recommendations of the Central District Health Department as
follows:
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-offis not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design ofthe subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
H. Adopt the Recommendations of Settlers' Irrigation District as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDIVISON / (pP-03-037)
PAGE 13 OF 16
1. All irrigation/drainage facilities along with their easements must be protected and
continue to function. The facility involved is the Coleman Lateral. The requested
easement is 30' (15' on either side from the center line of the lateral)
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of any
S.LD. facilities.
4. Any changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers Inigation District.
5. All storm drainage must be retained on-site.
L Adopt the "action of the City Council taken at their January 20,2004 meeting as
follows:
1. The applicant shall work with the adjoining property owner to the north, to
provide some type of electric fencing to keep the adjoining property owners
livestock within their own pasture.
2. For the perimeter fencing, the applicant shall be allowed the option of either a
six-foot solid or semi-private fencing, similar to Bridgetower's semi-private
fencing, with approval by the Planning and Zoning Department.
3. The Engineer of Record shall provide certification to the City Engineer that
there will be no ground water in the crawl spaces of houses to be constructed in
tllis subdivision prior to Final Plat signature by the City Engineer. The City
Engineer may request applicant to provide additional testing to verify the ground
water levels. (Revised per City Council action taken at their 2-10-04 meeting.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must be in writing, and must be
filed with the City Clerk not more than twenty-eight (28) days after the final decision
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDIVISON 1 (pP-03-037)
PAGE 14 OF 16
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has
an interest in real property which may be adversely affected by this decision may, within
twenty-eight (28) days after the date of this decision and order, seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
fA..
By action of the City Council at its regular meeting held on the I () - day of
fib r I1..flVI.. (J- , 2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED~
VOTED~
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KETIH BIRD
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Attest:
~~
~OFT m UeWeerd
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL AFPROY AL OF PRELIMINARY PLAT
WINDSONG SUBDMSON 1 (pP-03-03 7)
PAGE 15 OF 16
~---.:
William G. Berg, Jr., City lerk
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Copy served upon Applicant, The Planning and Zoning Department, Public W~~ r ''-TfID~''/</...
....' c} 0 ~1A. ~
Department and City Attorney. :::- 00'RP ~)'...... 'V ~
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By:Jf~-:.#~ 9=
City Clerk
Z:\ Work\M\Meridian\Meridian [5360M\ Windsong Sub AZ-03-03 [ PP-03-037\FfCJsOrdPP.doc
Dated:
2-17-01:
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDNISON 1 (pP-03-037)
PAGE 16 OF 16
February 12. 2004
MERIDIAN CITY COUNCil MEETING
APPLICANT
February 17.2004
ITEM NO.
~-L-
REQUEST Union Pacific Railroad Pipeline Crossing Agreement
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SElTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
F
pvf~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at publiC meetings shall become property of the CIty of Meridian.
City of Meridian
~ Public Works Dept.
Mem
To: Brad Watson
From: Lenard Grady I Q...)
cc: Gary Smith
Date: 2/12/2004
Re: Proposed Agenda Items for February 17, 2004 City Council Meeting
~
The Public Works Department respectfully requests the following item(s) be placed on the
February 17 City Council consent agenda:
Union Pacific Railroad Pipeline CrossinQ AQreement - Black Cat Attached is an agreement
with UPRR for a pipeline crossing. It appears to be their standard agreement and has been
reviewed by the City Attorney.
Recommended Council Action: The Public Works Department recommends
that City Council approve the Union Pacific Pipeline Agreement - Slack Cat
and authorize the Mayor to sign it.
Well #26 Production Well - Contract with Hvdroloqic Attached is a proposal from Hydrologic
for bid preparation and oversight services for drilling of Well #26. Well #26 will be located
south of Chinden on Locust Grove.
Recommended Council Action: The Public Works Department recommends
that City Council approve the $20,575.00 contract with Hydrologic for oversight
services on the drilling of Well #26 and authorize the Mayor to sign it.
Geoqraphic Information Systems (GIS) Hardware, Software, and Installation Services
Contract with HDR In July of 2003, we completed a GIS Preliminary Assessment which
mapped out the strategy for implementing GIS at Public Works. Based on the results of that
study, we have finalized an agreement with HDR to proceed with the implementation of GIS.
Attached is an agreement with HDR for purchase of hardware, software, and
consulting services for $146,000. I have enclosed a brief summary of the
deliverables we can expect from this project If additional information is
required on the capabilities of GIS, I recommend that we have HDR prepare a
demonstration for the City Council for the following week.
From the deskof...
Lenard Grady
Staff Engineer
Meridian Public Works Department
660 E- Watertower, Suite 200
Meridian, Idaho 83642
. Page 1
(208) 898-5500
Fax:. (208) 898-9551
grady1@meridiancity.org
i
Recommended Council Action: The Public Works Department recommends
that City Council approve the $146,000 contract with HDR for purchase and
installation of GIS hardware and software and authorize the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
. Page 2
.,
PL X 940206
Form Approved, A VP-Law
Folder No: 02226-10
PIPELINE CROSSING
AGREEMENT
Mile Post: 460.650, Boise Subdivision (Idaho Northern & Pacific Railroad Lease site)
Location: Meridian, Ada County, Idaho
THIS AGREEMENT is made and entered into as of January 8, 2004, by and between UNION
PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor"), and CITY
OF MERIDIAN, IDAHO, an Idaho municipal corporation, whose address is 660 E Watertower Lane
Suite 200, Meridian, Idaho 83642 (hereinafter the "Licensee").
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
Article I.
LICENSE FEE
Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time license fee
of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00).
Article ll.
LICENSOR GRANTS RIGHT.
In consideration of the License Fee to be paid by the Licensee and in further consideration of the
covenants and agreements herein contained to be by the Licensee kept, observed and performed, the
Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to
maintain and operate only a
dual water and sewer pipeline crossing (hereinafter the "Pipeline")
in the location shown and in conformity with the dimensions and specifications indicated on the attached
prints dated January 8, 2004, marked Exhibit A and A-I. Under no circumstances shall Licensee modify
the use of the Pipeline for a purpose other than the above-mentioned, and said Pipeline shall not be used
for any other use, whether such use is currently technologically possible, or whether such use may come
into existence during the life of this Agreement.
Article III.
CONSTRUCTION, MAINTENANCE AND OPERATION.
The grant of right herein made to the Licensee is subject to each and all of the terms, provisions,
conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached.
/
!
Article IV.
IF WORK IS TO BE PERFORMED BY CONTRACTOR.
If a contractor is to do any of the work performed on the Pipeline (including initial construction
and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its
contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges
receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions,
and requirements, and will infonn its contractor of the need to execute the Agreement. Under no
circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the
Contractor's Right of Entry Agreement
Article V.
INSURANCE
A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B-1, hereto attached.
The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder No.
02226-10, issued by its insurance carrier confirming the existence of such insurance and that the
policy or policies contain the following endorsement:
UNION PACIFIC RAILROAD COMPANY is named as an additional insured
with respect to all liabilities arising out of the existence, use or any work
performed on or associated with the 'Pipeline' located on Railroad right-of-way at
Mile Post 460.650 on the Boise Subdivision (INPR Lease site), at or near
Meridian, Ada County, Idaho.
B. lfthe Licensee named in this Agreement is a public entity subject to any applicable statutory tort
laws, the limits of insurance described in Exhibit B-1 shall be the limits the Licensee then has in
effect or which is required by applicable current or subsequent law, whichever is greater, a
portion of which may be self-insured with the consent and approval of the Licensor
C. All insurance correspondence shall be directed to:
Folder No. 02226-10
Union Pacific Railroad Company
Real Estate Department
1800 Farnam Street
Omaha, NE 68102
Article VI.
TERM.
This Agreement shall take effect as of the date first herein written and shall continue in full force
and effect until temlinated as herein provided.
Article VII.
SPECIAL PROVISIONS -- NONE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first herein vvritten.
UNION PACIFIC RAILROAD COMPANY
CITY OF MERIDIAN, IDAHO
By:
By:
Manager - Contracts
Title:
PLACE ARROW INDICATING NORTH
DIRECTION RELATIVE TO CROSSING
. ,"..
FORM DR- 0404- B
REV. S- IS- 98
ENCASED NON~FLAMMABLE
PIPELINE CROSSING
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4~~FT.
(4.5 FT MIN. l
(20 H. I.IAX.)
r CASING PIPE (See Nate 4)
.,.
1
'" -~L " ".J
30 FT. '1'<
boFT.
k:>D FT.
NOTES: (CASING LENGTH WH"5l"1JEASUREO ALONG P[PEL INE.)
I I ALL HOR 120NT AL 0 I STANCES TO BE MEASURED AT R [GHT ANGLES FROI.! 'I. Of TRACK.
21 CASING Hi EXTEND BHOND THE 'I. OF TRACK AT RIGHT ANGLES THE GREATER OF 20 + 20 FT., OR ~O fT.,
ANO BEYOND 1l1.llT OF RAILROAO R[GHT-OF-WAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE O. TRACK.
31 MINIMJM O. SO' FROIA TilE EIiO OF ANY RAILROAD BRIOGE, 'I. OF ANT CULVERT, OR FROM ANT SIHTCHING AREA.
4] SIGNAL REPRESENTAT IVE MUST BE PRESENT DUA ING INsTALLATION IF RAILROAO SIGNALS ARE IN THE VICINITY OF CROSSING.
S] ALLOWABLE FIXED OBJECTS INCLUDE: BACXWAlLS OF BRIDGES; 'I. OF ROAD CROSSINGS 6 OVERHEAD VIADUCTS (GIVE ROAD N.l<MEJ, OR CULVERTS.
61 CASING AND CARRIER PIPE I.IUsT BE PlACEO A LlIIHMUU OF 2 FEET BELOW TilE EXISTING F[BER OPTIC CABLE. ANT EXCAVATION REOUIRED WITHIN
~ FEET OF THE EXISTING FIBER OPTIC CABLE t.lUST BE HAND OUO.
A) [S PIPELINE CROSSING WITHIN DEDICATED STREET 7~YES;~NO;
Bl IF YES, NAME OF STREET N. 'ELf\(j(. CAt '26AT)
D) 0 I S TR I BUT! ON Ll NE .........- OR TRANSM I SS I ON LI NE
Cl CARRIER PIPE:
COMMOD I TV TO BE CONVEYED W AI r; R.
OPERA T I NG PRESSURE tq, 0 PS I /J . .
WALL THICKNESS O~-7'3.3~~ETER 13,2.0 ;MATER lAL 'P\J C.
E) CASING PIPE: ~ ,-// r-
WALL THICKNESS~..:::!~/ iDIAMETER'21:l..:::> iMATERIAL SIEc:L- i
NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST
OUTSIDE D[AMETER OF CARRIER PlPE AND INTERIOR DIAMETER OF
CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF
CARRIER PIPE AND INSIDE OF CASING PIPE.
F) METHOD O~INSTAlLING CASING PIPE UNDER TRACK(S):
~DRY BORE AND JACK (WET BORE NOT PERMITTED) ;
_ TUNNEL ; OTHER
Gl WI~ CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? ~YES;~NO;
H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND
JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 1\0
IJ APPLICANT HAS CONTACTED 1-800-336-9193, (~O' MIN.)
U. P. COMMUNICAIION DEPARTMENT, AND HAS DETERM1NED FIBER
OPTlC CABLE~DOE5 i_DOES NOT i EXIST IN VICINITY OF
WORK TO BE PERFORMED . TICKET NO. 0 7 I n 0 .3
ROAOBEO
Sf:Al CASING
/
/
@
/
/
/
/
/
S FT.
NOTE: ALL AVAILABLE DIMENSIONS MUST BE
FILLED IN TO PROCESS THIS APPLICATION.
@
FT.
FT.
(Sf:E NOTE ~ a sJ
l1F
'10 . 55 . -z.."2."
(ANGLE OF CROSSING)
RR'S RIW
> I r
. 100FT.
....
'"
o
0:0.
0:....
:::!
:>
TO t'lt=Rl bthN . --.
( NEARES T R. R. TOWN l
(OESCRI BE F[XED OBJECT)
(SEE NOTE 5)
J
tCe FT.
j
STEEL CASING WALL
THICKNESS CHART
MINIMUM DIAMETER OF
THICKNESS CASING PIPE
.2500- 1/4" 12- OR LESS
. 3125" 5/16" OVER 12-- 1 e-
.3750" 3/8" OVER 18"-22"
.4375" 7116" OVER 22--28"
.5000" 1/2- OVER 26"- 34-
. 5625" 9/16" OVER 34"- 42"
.6250"5/6" OVER 42"-48-
OVER 48" MUST BE
APPROVED BY R. R. co.
NOTE: THIS CHART IS ONLY
FOR SMOOTH STEEL CASING
PIPES WITH MINIMUM YIELD
STRENGTH OF 35,000 PSI.
FORMULA TO FIGURE CASING
LENGTH WITH ANGLE or
CROSSING OTHER THAN 90'
8 ....+
- <,,~
l!J. SIN "
...~
r.."'>
,I'"
6
MIN.015T.
(NOTE 2)
TRAC~
"An
EXHIBIT
(,FOR RAitROJ.1J USE ONlYI
co.
S. ~~'\'\ \'\. ~
CROSSING
ZZ:>
AT
UNION PACIFIC RAILROAD
Boi~e.. C L~~...J. 1'- r.N~R.)
I Su60lvl:S-loNI
M. P LJ~o.(,,~ E.
ENCASED
't:=.7V'lJ//fN
~
SEAL CAS [IlG
L
f.. CARRIER PIPE
[SUH:I
RR
WAR N I N G
IN ALL OCCAS IONS, U. P. COI.IMLIN1CAT10NS
OEPARHlENT MUST BE CONTACTED IN AOVANCE
Of ANY WORK TO DETEflMI NE EX I STEIlCE AND
LOCATION OF FIBEfl OPTIC CABLE.
PHONE: 1- 800- 336- 9 193
1
I,
'~I
1
~FT.
t\l.:TER NA,16 ~ !
ENCASED NON-FLAMMABLE
PIPELINE CROSSING
PLACE ARROW INDICATING NORTH
~JR~ON RELATIVE TO CROSSING
NO SCALE
NOTE: ALL AVAILABLE DIMENSIONS MUST BE
FILLED IN TO PROCESS THIS APPLICATION.
@
FT. G
-~I.fon.
(sEE NOTE 3 a 5)
FT.
I n:-
(SETNOfE 3 a s)
If.= 'to..55"' 2..2.-
(4NG~E OF CROSS) NO)
TO NI-.:MfA
I NE4RES T R. R.
0-
W
o
"'''-
"''''
==
::>:
!(1MIN TRACK
Eiw S€<'T~W'~ lANE
I DESCR I BE F I XED OBJECT)
(SEE NOTE 6)
I D 15 T 411CE ALONG TRACK FROM 5E\;T ION LI NE \;R055 ING I
{-PT vJE:ST (','F s:e:G TL,,~0 UN E..
(NOTE' THIS OIMENS ION REOUIREO IN A~~ CASES_
4T ~OCH[ONS IIOT USING SECTIONS, DISTANCE ~
TO A ~EG4~ SURVEY LINE IS REOUIRED) \&
€. ;J.Lk:_ cAT R\':>. J
OESCRl BE F I XED OBJECT J
(SEE NOTE 5)
0.
RR'S R/W
~' \ 00 FT. 'l<.--rT. 'i
r"" "" I ,
'" (Saa Nota ~)
"'I
1 ROADS 0 ~
SE4~ C4S I NO
/
/ ....f:
150FT.
SEA~ C4S 1110
L CARR[ER PIPE
~
/
/
~
[ .
6:,0 FT.
" -L" ".J
~O FT. IK
l'Z..O FT.
IZO FT.
NOTES' (CASlllG LENGTH WHEN MEASURED 4~ONG PIPELINE,)
I] ALL HOR I ZONT A~ 0 I STANCES TO BE MEASURED AT R [GHT ANO~ES fROI.I'l. Of TRACK.
21 CASING TO EKTEND BEYOND THE'!. OF TRACK AT RIGHT ANG~ES THE GREATER OF 20' 20 fT., OR 30 FT"
AND BEYOND ~H.llT OF RAI~ROAO RIGHl-IlF-WAY IF NECESSARY TO PROVIDE PROPER ~ENGTH OUTSIDE OF TRACX.
31 UINJI.lJM OF SO' FROI.I THE END OF ANY RAI~ROAO BRIDGE, '!. OF ANY CU~VERT, OR FROM ANY SWITCHING AREA.
~I SIGNAL REPRESENTAT!VE MUST BE PRESENT OURII/O INSTALLATION IF RAI~ROAO SIGNALS ARE IN THE VICINITY OF CROSS II/G.
51 ALLOWABLE FIXED OBJECTS INCLUDE: BACKWALLS OF BRIDGES; 'l OF ROAD CROSSINGS a OVERHEAD VIADUCTs (GIVE ROAD NIlI.IEI, OR CULVERTS.
6\ CASING AND CARRIER PIPE MUST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REOUIRED WITHIN
5 FEET OF THE EXISTING FIBER OPTIC CABLE MUST BE HANO DUG.
,,~ I
1
/
/
,/
S FT.
Al IS PIPELINE CROSSING WITHIN DEDICATED STREET? · YES;~NO;
B) IF YES, NAME OF STREET N~ BLA(,\C... c.fl;T" ~0A'D
D) 0 IS TR I BUnON LI NE OR TRANSM I SS ION Ll NE ,....-
Cl CARRIER PIPE: .
COMMOD I TY TO BE CONVEYED SE. W p., G ~
OPERA T I NG PRESSURE 0 PS I '7> II
WALL THICKNESS 1.(\"IZ'~J/ iDIAMETER ::,'1.~1 ;MATERIAL rY0
E) CAS I ~XL~] ~~ I ~KNESS '5/[/1 ;0 I AMETER .Lfb .'151) ;MA TER I AL S-T'eeL i
NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST
OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF
CASING PIPE. WHEN FUR~ISHING DIMENSIONS, GIVE OUTSIDE OF
CARRIER PIPE AND INSIDE OF CASING PIPE.
Fl METHOD OF INSTALLING CASING PIPE UNDER TRACK(Sl:
VDRY BORE AND JACK (WET BORE NOT PERM I TT ED) i
_ TUNNEL ; OTHER
G) WI~ CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR?~YESi____NO;
Hl DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND
JACKING PITS WHEN MEASUREO AT RIGHT ANGLES TO TRACK 36
IJ APPLICANT HAS CONTACTED 1-800-336-9193, (30' Mill.)
U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMJNED FIBER
OPTIC CABLE~DOES ;_____DOES NOT; EXIST IN VICINITY OF
WORK TO BE PERFORMED. T [CKET NO. 0 7 I 0 03
FORM DR- 0404- B
REV. 5- 15- 98
RR'S R/W
I 1
~ I!Q.FT.
....
VI
o
"'<>.
"''''
==
:>'
I
TO r1Ef?fbl ~ ~ . __
(NEAREST R, R. TOwill
~OD FT.
1
STEEL CASING WALL
THICKNESS CHART
MINIMUM DIAMETER OF
TH ICKNESS CASING PIPE
.2500' 1I4" 12- OR LESS
. 3125" 5116" OVER 12"- 18"
.3150" 3/8" OVER 18--22"
.4375" 7116- OVER 22"- 28"
.5000" 1/2" OVER 28--34-
.5625" 91J 6- OVER 34"- 42"
.6250" 5J8- OVER 42--4B"
OVER 48" MUST BE
APPROVED BY R. R. CO.
NOTE: THIS CHART IS ONLY
FOR SMOOTH STEEL CASING
PIPES WITH MINIMUM YIELD
STRENGTH OF 35,000 PSI,
FORMULA TO FIGURE CASING
LENGTH WITH ANGLE OF
CROSSING OTHER THAN 90.
--.!....-
it. SIN
B
MIN. DIST.
(NOTE 2)
EXHIBIT "A" - 1
I FOR R.HLRO.AD- USE ONl VI
UNION PACIFIC RAILROAD CO.
~~.~~ C L~e>J<J., 't.. ~NPR.")
= !iUBOIVE5JONI
>M. P L/bo.6S' E. S. "!c;1..+\" t.
ENCASED tt.,nV- CROSS I NG AT
?Ez/ I jJr /j-;(/
'"EAREST Cln, 1::'7 <SUlE'
8-7)"" ()~ ~/jJJffitI
I APflL ICAN1' I
RR F I L E NO..,222t-lo DA T E l-~' L.oo'1
WAR N r N G
[II ALL DCCAS IONS, U. P. COI.lMlJN lCA TI ONS
DEPARTMENT MUST BE CONTACTED IN ADVANCE
Of ANY WORK TO DETERMI NE EX I STENCE ANO
~OC4TIOI/ OF FIBER OPTIC CABLE.
PHONE: 1- aoo- J36- ~ I ~3
PL'X 980112
Form Approved, A VP-Law
EXHIBIT B
Section L
UMITATfON AND SUBORDINATION OF RIGHTS GRANTED.
(a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to
use and maintain its entire property including the right and power of the Licensor to construct maintain, repair, renew, use,
operate, change, modify or relocate railroad tracks, signaL communication, fiber optics, or other wirelines, pipelines and other
facilities upon, along or across any or all parts of its property, all or any of which may be f~eely done at any time or times by the
Licensor without liability to the Licensee or to any other party for compensation or damages.
(b) The foregoing grant is also subject to an outstanding superior rights (including those in favor of licensees and lessees of
the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of
title or for quiet enjoyment.
Section 2.
CONSTRUCTION, MAINTENANCE AND OPERATION.
(a) The Pipeline shall be constructed, operated, maintained, repaired. renewed, modified and/or reconstructed by the
Licensee in strict conformity with Union PaciIic Railroad Co. Common Standard Specification 1029 adopted November 1949, and
all amendments thereof and supplements thereto, which by this reference is hereby made a part hereof. except as may be modified
and approved by the Licensor's Vice President-Engineering Services. In the event such Specification conflicts in any respect with
the requirements of any federal, state or municipal law or regulation, such requirements shall govern on all points of conflict, but
in all other respects the Specification shall apply,
(b) All work performed on property of the Licensor in connection vvith the construction, maintenance, repair, renewal,
modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor,
(c;) Prior to the commencement of any work in connection with the construction, maintenance, repair, renewal. modification,
relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor,
the licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and
cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been
approved by the Vice President-Engineering Services of the Licensor and then the work shall be done to the satisfaction of the Vice
President-Engineering Services or his authorized representative. The Licensor shall have the right. if it so elects, to provide such
support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair. renewaL
modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support. the
Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefor, all expense incurred by the
Licensor in connection therewith, which expense shall include all assignable costs.
(d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even vvith the
adjacent surface of the ground.
Section 3,
NOTICE OF COMMENCEMENT OF WORK.
If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as .practicable
to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or
such oth~r time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in
connection with the construction, maintenance, repair, renewal, modification. reconstruction, relocation or removal of the Pipeline.
All such work shall be prosecuted diligently to completion.
Section 4.
LICENSEE TO BEJI.R ENTIRE EXPENSE.
The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair
and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all
expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise.
plx.exb
Page 1 of4
Exhibit B
IlL X 980J 12
Form Appro\'ed. A VP-Law
Section 5.
RErNFORCEMENT, RELOCATION OR REMOVAL OF PIPELINE.
(a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and
in the improvement and use of its property, and the Licensee shall, at the sole expense of the Licensee, reinforce the Pipeline, or
move all or any portion of the Pipeline to such new location as the Licensor may designate, whenever, in the furtherance of its
needs and requirements, the Licensor shall find such action'necessary or desirable.
(b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in
the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified,
changed or relocated within the contemplation of this section.
Section 6,
NO INTERFERENCE WITH LICENSOR'S OPERATION.
The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed and,
at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant
continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be
done by the Licensee at any time that would in any manner impair the safety thereof.
Section 7.
PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
(a) fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of
extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and
profits. Licensee shall telephone the-Licensor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried
anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications
company(ie's) involved, crrrange for a cable locator, make crrrangements for relocation or other protection of the fiber optic cable,
all at Licensee's expense, and will commence no wark on the right of way until all such protection or relocation has been
accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense
whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of ar caused in any way by
Licensee's failure to comply with the provisions of this paragraph.
(b) In addition to other indemnity provisions in this Agreement the Licensee shall indemnify and hold the Licensor harmless
from and against all costs, liability and expense whatsoever (including, Vi'i.thout limitation, attorneys' fees, court costs and expenses)
caused by the negligence of the Licensee, its contractor, agents and/or employees, resulting in (1) any damage to or destruction
of any telecommunications system on Licensor's property, and/or (2) any injury to or death of any person employed by or on behalf
of any telecommunications company, and/or its contractor, agents and/or employees. on Licensor's property, except if such costs,
liability or expenses are caused solely by the direct active negligence of the Licensor. Licensee further agrees that it shall not have
or seek recourse against Licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or other
consequential damage to a telecommunication company using Licensor's property or a customer or user of services of the fiber
optic cable on Licensor's property,
Section 8.
CLAIMS AND DENS FOR LABOR AND MATERIAL; TAXES.
(a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in
connection with the construction, maintenance, repair, renewal, modification or reconstruction of tht? Pipeline, and shall not permit
or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or
materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold
harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way
connected with or growing out of such work done, labor performed, or materials furnished.
(b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account
of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges
and assessments levied upon or in respect to such property shall not be increased because of the location, construction or
maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on
account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the
Licensee but shall be included in the assessment of the property of the Licen'sar, then the Licensee shall pay to the Licensor an
equitable proportion of such taxe's determined by the value of the Licensee's property upon property of the Licensor as compared
plx.exb
Page 2 of 4
Exhibit B
PI.:: X 980112
Form Approved. A VP.Lall'
with the entire value of such property.
Section 9.
RESTORATION OF LICENSOR'S PROPERTY.
In the event the Licensor authorizes the Licensee t,o take down any fence of the Licensor or in any manner move or disturb
any of the other property of the Licensor in connection vvith the construction, maintenance, repair, renewal. modification,
reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shalL as soon as possible and at Licensee's
sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down
or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor; its officers,
agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever
nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to
or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the
taking down of any fence or the moving or disturbance of any other property of the Licensor.
Section 10.
INDEMNITY.
(a) As used in this Section, "Licensor" includes other railroad companies using the Licensor's property at or near the location
of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss. damage, claims, demands, actions,
causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees. which may tesult
from: (a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's
officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever
(including Licensee's property, damage to the roadbed, tracks, equipment. or other property of the Licensor, or property in its care
or custody).
(b) As a rnpjor inducement and in consideration of the license and permission herein granted, the Licensee agrees to
indemnify and hold harmless the Licensor from any Loss which is due to or arises from:
1. The prosecution of any work contemplated by this Agreement including the installation, construction,
maintenance, repair, renewal, modification, reconstruction, relocation, or removal of the Pipeline or any part
thereof; or
2. The presence, operation, or use of the Pipeline or contents escaping therefrom,
except to the extent that the Loss is caused by the sole and direct negligence of the Licensor.
Section 1 L
REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT.
Prior to the termination of this Agreement howsoever, the Licensee shalL at Licensee's sole expense, remove the
Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to
the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction
of the Pipeline, If the Licensee fails to do the foregoing, the Licensor may do such work of removal and restoration at the cost and
expense of the Licensee. The Licensor may, at its option, upon such termination, at the entire cost and expense of the Licensee,
remove the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a
condition as it was in at the time of the construction of the Pipeline, or it may perm,it the Licensee to do such work of removal and
restoration to the satisfaction of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of the
restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any
damage sustained by the Licensee for or on account thereof. and such removal and restoration shall in no manner prejudice or
impair any right of action for damages, or otherwise, that the Licensor may hQlle against the Licensee.
Section 12.
WAIVER OF BREACH.
The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed
and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent
breach thereof.
plx.exb
Page 3 of 4
Exhibit B
PL X 980112
Form Approved. A VP-Law
Section 13. TERMINATION.
(oj [f the licensee does not use the right herein granted or the Pipeline for one (l) year, or if the Licensee continues in defau1t
in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the
Licensor to the Licensee specifying such default. the Licensor may, at its option, forthwith immediately terminate this Agreement
by written notice.
(b) In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either
party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date upon
which such notice shall be given.
(c) Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known
address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties
hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto.
Section 14.
AGREEMENT NOT TO BE ASSIGNED.
The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent
of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of
the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely
void and, at the option of the Licensor, shall terminate this Agreement.
Section 15.
SUCCESSORS AND-ASSIGNS.
Subject to the provisions of Section 14 hereof. this Agreement shall be binding upon and inure to the benefit of the parties
hereto, their heirs, executors, administrators, successors and assigns.
plx.exb
Page 4 of4
E:<:hibitB
PbJ:INUDRAJNAGE INS. 02/16/01
Form Approved, AVP-Law
EXHIBIT B-1
Union Pacific Railroad Company
Insurance Provisions For
Pipeline I Wireline I Drainage License Agreements
Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage:
A. Commercial General liability insurance. This insurance shall contain broad form contractual liability with a single limit of at least
$2,000,000 each occurrence or claim and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO
or equivalent form, including but not limited to coverage for the following:
. Bodily injury including death and personal injury
. Property damage
. Fire legal liability (Not less than the replacement value of the portion of the premises occupied)
Products and completed operations
The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance:
. "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union
Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed
under any Workers Compensation, disability benefits, or unemployment compensation law or similar law,"
. The exclusions for railroac!.s (except where the Job site is more than fifty feet (50') from any railroad including but not
limitea to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground
hazard shall be removed.
. Coverage for Licensee's (and Licensor's) employees shalf not be excluded
. Waiver of subrogation
B. Business Automobile CoveraCle insurance. This insurance shall contain a combined single limit of at least $2,000,000 per
occurrence or claim, including but not limited to coverage for the following:
. Bodily injury and property damage
. Any and all motor vehicles including owned, hired and non-owned
The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance:
. "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union
Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed
under any Workers Compensation, disability benefits, or unemployment compensation law or similar law."
. The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not
limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground
hazard shall be removed. '
. Motor Carrier Act Endorsement- Hazardous materials clean up (MCS-90) jf required by law.
C. Workers Compensation and Employers Liability insurance including but not limited to:
. Licensee's statutory liability unde'r the workers' compensation laws of the state(s) affected by this Agreement
. Employers' Liability (Part B) with limits of at least
$500,000 each accident, $500,000 disease policy limit
$500,000 each employee
If Workers Compensation insurance will not cover the liability of Licensee in states that require participation in state workers'
compensation fund, Licensee shall comply with the laws of such states. If Licensee is self-insured, evidence of state approval must be
provided along with evidence of excess workers compensation coverage, Coverage shall include liability arising out of the U. S.
Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.
The policy shall also contain the following endorsement which shall be indicated on the certiflcate of insurance:
. Alternate Employer Endorsement
0, Umbrella or Excess Policies In the event Licensee utilizes Umbrella or excess policies, these policies shall "follow form" and
afford no less coverage than the primary policy.
Page 1 of 2
P.UWUDRAINAGE INS. 02/16/01
Form Approved, AVP-Law
Other Requirements
E. Punitive damage exclusion must be deleted, which deletion shall be indicated on the certificate of insurance.
F. Licensee agrees to waive its right of recovery, and its insurers, through policy endorsement. agree to waive their right of
subrogation against Licensor. Licensee further waives .its right of recovery, and its insurers also waive their right of subrogation against
Licensor for loss of its owned or leased property or property under its care, custody and control. Licensee's insurance shall be primary
with respect to any insurance carried by Licensor. All waivers of subrogation shall be indicated on the certificate of insurance.
G. All policy(ies) required above (excluding Workers Compensation) shall provide severability of interests and shaH name Licensor as
an additional insured. Severability of interest and naming Licensor as additional insured shall be indicated on the certificate of
insurance.
H. Prior to commencing the Work, Licensee shall furnish to Licensor original certificate(s) of insurance evidencing the required
coverage, endorsements, and amendments, The certificate(s) shall contain a provision that obligates the insurance company(ies)
issuing such policy(ies) to notify Licensor in writing of any cancellation or material alteration. Upon request from Licensor, a certified
. duplicate original of any required policy shall be furnished.
I. Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance
Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in whiCh the service is to be provided.
J. Licensee WARRANTS that this Agreement has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s), who have
been instructed by Licensee to procure the insurance coverage required by this Agree[T1ent and acknowledges that Licensee's
insurance coverage will be primary.
K. The fact that insurance is obtained by Licensee or Licensor on behalf of Licensee shall not be deemed to release or diminish the
liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by
Licensor shall not be limited by the amount of the required insurance coverage.
Page 2 of 2
February 12, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
REQUEST Well #26 Production Well - Contract with Hydrologic
February 17..2004
ITEM NO.
S-II\-
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SffiLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
()I(~/
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of MerldiCIn.
. "
" '
CitY of.Meiidian .
"",Public W~tks "t;)~Rt. ' "
?? , " " ,.,'" ^' '-i ~
Me
To: Brad Watson
From: Lenard Grady 1(2.)
cc: Gary Smith
Date: 2/12/2004
Re: Proposed Agenda Items for February 17, 2004 City Council Meeting
The Public Works Department respectfully requests the following item(s) be placed on the
February 17 City Council consent agenda:
Union Pacific Railroad Pipeline Crossing AQreement - Black Cat Attached is an agreement
with UPRR for a pipeline crossing. It appears to be their standard agreement and has been
reviewed by the City Attorney.
Recommended Council Action: The Public Works Department recommends
thal City Council approve the Union Pacific Pipeline Agreement - Black Cat
and authorize the Mayor to sign it.
~
Well #26 Production Well - Contract with Hvdroloqic Attached is a proposal from Hydrologic
for bid preparation and oversight services for drilling of Well #26. Well #26 will be located
south of Chinden on Locust Grove.
Recommended Council Action: The Public Works Department recommends
that City Council approve the $20,575.00 contract with Hydrologic for oversight
services on the drilling of Well #26 and authorize the Mayor to sign it.
Geoqraphic Information Systems (GIS) Hardware, Software, and Installation Services
Contract with HDR In July of 2003, we completed a GIS Preliminary Assessment which
mapped out the strategy for implementing GIS at Public Works. Based on the results of that
study, we have finalized an agreement with HDR to proceed with the implementation of GIS.
Attached is an agreement with HDR for purchase of hardware, software, and
consulting services for $146,000. I have enclosed a brief summary of the
deliverables we can expect from this project. If additional information is
required on the capabilities of GIS, I recommend that we have HDR prepare a
demonstration for the City Council for the following week.
From the desk of. ..
Lenard Grady
Staff Engineer
Meridian Public Works Department
660 E. Watertower, Suite 200
Meridian, Idaho 83642
. Page 1
(208) 898-5500
Fax:, (208) 898-9551
gradyl@meridiancity.org
Recommended Council Action: The Public Works Department recommends
that City Council approve the $146,000 contract with HDR for purchase and
installation of GIS hardware and software and authorize the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
. Page 2
im
.lC:: U,"t uc::: .l"tp
1:.0 ~9UlreS
208-342-3100
p. 1
HydraW5iCt Thc~,'
] 002 W. Franklin Street. Boise. 10 83702 (208) 342-8369, (Fax) 342-31 00. hvdrologjc(~q\:vest.net
February 12, 20Q4
Mr. Lenard Grady
Public Works Department
City of Meridian
600 East Watertower
Meridian, Idaho 83642
Hydrogeologic Design, Consultation, Inspection Services & Oversight of the
Proposed City of Meridian's # 26 Supply Well
Dear Len:
I have developed a scope of work, and estimated costs' to work with you on the
specifications, design" drilling, constructio~ and hydraulic testing of a new City water
supply welL We understand that finished water-quality is a major concern of the City and
this proposal is dire-cted toward developing a well with the best water-chemistry
available.
I have tabulated the costs to complete th~ work as a single project on the attached
spreadsheet. The cost estimates are considered maximum amounts and I would
recommend a 15 percent contingency owing to the inherent unknowns of subsurface
exploration and drilling.
We stand ready to commence the work right away and to proceed continuously to
completion of the project without interruption. The following narratives correlate with
the spreadsheet tasks to explain, in more detail, the scope of work.
Regulatory SubmittalslWell Site Approval
This task includes' obtaining, compiling, and review of all available information including
Driller's Reports, water quality, water-levels, well locations, nearby sources of pollution,
existing City water rights files, and other site characteristics. Tills information will be
used in filings for drilling permits and DEQ site approval (including a preliminary check-
list).' Digline will be contacted for buried utilities and the water rights filed with IDWR
Technical Well Drilling Specifications and Bid Documents.
Contractual agreements, specifications and bid documents for the supply well will be
developed. A public drinking water system submittal to DEQ for well site and well-
construction approval will be executed with three stamped sets of plans but I have
inCluded this in the Regulatory approvals.
Feb 12 04 02:14p
Ed S9uires
208-342-31UU
Down Hole Camera Survey and Well Disinfection.
This task includes disinfection of the completed well and scheduling, on-site
observation, and review of a down hole camera survey of the completed welL Includes
fi.eld notes and archive quality videotape delivered to the City.
Final Report and Regulatory Submittals.
10.2
A final comprehensive report to the City will be prepared and a fmal DEQ Checklist will
be submitted. This task includes consolidation of all pertinent documentation, sketches,
diagrams, plots, letters, permits, and regulatory submittals into a bound document for
future reference. DEQ submittals will be coordinated with the City and include all
necessary revisions etc.
Respectfully subm1tted bY:, \
Edward Squires 2- A ~
Hydro Logic, Inc. V .
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February 12, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
February 1 7, 2004
ITEM NO.
$.. J\J-
REQUEST Geographic Information Systems (GIS) Hardware, Software, and Installation Services
Contract with HDR
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUilDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SEITlERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
~~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at publiC meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
Memo
To: Brad Watson
From: Lenard Grady ~ Q.,)
CC: Gary Smith
Date: 2/12/2004
Re: Proposed Agenda Items for February 17, 2004 City Council Meeting
The Public Works Department respectfully requests the following item(s) be placed on the
February 17 City Council consent agenda:
Union Pacific Railroad Pipeline Crossinq Aqreement - Black Cat Attached is an agreement
with UPRR for a pipeline crossing. It appears to be their standard agreement and has been
reviewed by the City Attorney.
Recommended Council Action: The Public Works Department recommends
that City Councif approve the Union Pacific Pipeline Agreement - Black Cat
and authorize the Mayor to sign it.
Well #26 Production Well - Contract with Hvdroloqic Attached is a proposal from Hydrologic
for bid preparation and oversight services for drilling of Well #26. Well #26 will be located
south of Chinden on Locust Grove.
Recommended Councif Action: The Public Works Department recommends
that City Council approve the $20,575.00 contract with Hydrologic for oversight
services on the drilling of Well #26 and authorize the Mayor to sign it.
*" Geographic Information Systems (GIS) Hardware. Software, and Installation Services
Contract with HDR In July of 2003, we completed a GIS Preliminary Assessment which
mapped out the strategy for implementing GIS at Public Works. Based on the results of that
study, we have finalized an agreement with HDR to proceed with the implementation of GIS.
Attached is an agreement with HDR for purchase of hardware, software, and
consulting services for $146,000. I have enclosed a brief summary of the
deliverables we can expect from this project. If additional information is
required on the capabilities of GIS, I recommend that we have HDR prepare a
demonstration for the City Council for the following week.
From the desk of...
Lenard Grady
Staff Engineer
Meridian Public Works Department
660 E. Watertower, Suite 200
Meridian, Idaho 83642
. Page 1
(208) 898-5500
Fax:. (208) 898-9551
gradyl@meridiancity.org
Recommended Council Action: The Public Works Department recommends
that City Council approve the $146,000 contract with HDR for purchase and
installation of GIS hardware and software and authorize the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
. Page 2
City of Meridian
Public Works Dept.
Memo
To: Brad Watson
From: Lenard Grady
cc: Gary Smith
Date: 2/12/2004
Re: Geographic Information Systems (GIS) Description
Needs Assessment
HDR was selected to asses the need for a GIS at Public Works, which was competed July of 2003. In
addition to recommending hardware and software solutions, the study revealed the need for a number
of critical GIS functions including:
· Miscellaneous mapping
· Comprehensive utility planning support
· Future GIS applications such as Emergency Response support
· Reorganization of existing data to facilitate easier access.
· Outsourcing of key GIS applications were identified
Hardware
The hardware which will be purchased consists primarily of the GIS selVer. The selVer will be sized to
easily meet our current needs and be upgradeable for some future flexibility. The selVer has direct
effect on the speed that data passes back and fourth to the various GIS workstations. Estimated costs
for the selVer and related components is $30,000.
SelVer Software
The selVer software includes all of the software necessary to access the data and pass
data between the workstation to the selVer. Included in the software purchase will be
12 licenses, of which any 10 can be operational at the same time. Estimated costs for
this software is $9,000.
From the desk of...
Lenard Grady
Staff Engineer
Meridian Public Works Department
660 E. Watertower, Suite 200
Meridian, Idaho 83642
. Page 1
(208) 898-5500
Fax: (208) 898-9551
gradyl@rneridiancity.org
G IS Software
This software provides the main interface between the user and the data. Data can be displayed and
manipulated using this software. The software chosen is considered to be the industry standard and is
already being used to a limited extent by our staff. Estimated costs for this software is $36,000.
GIS Consultinq Services
This service includes the following:
· Selection and purchasinQ of all hardware and software. HDR will research the latest hardware
and software releases with various venders and make a final recommendation to our staff.
Once a consensus is obtained, HDR will purchase the equipment as part of this contract.
· Hardware and software installation. Once the hardware and software has been purchased,
HDR will assemble the components at their office. After a reasonable burn-in period, the
components will be reassembled at Public Works, In addition, software will be installed at
each of the selected workstations.
· Traininq, HDR will provide training on the basics of GIS. This will be focused single two-day
training workshop for those who will be using the GIS.
· Development of applications. This task will show us how to begin to expand the GIS. Initially
this training will be geared towards a single task. Future development can either be done
internally or as an additional task for HDR I would expect a combination of the two,
· Proiect Manaqement. This includes meetings and correspondence necessary to get the GIS
up and running.
· Direct Costs. This includes travel, coping, etc.
The estimated cost for consulting is $47,600 for the GIS portion, $10,600 for project management, and
$12,800 estimated for direct expenses.
Summary of Costs
Total costs for this project are:
Hardware Purchase
Server Software
G IS Software
GIS Consulting Services
Project Management
Direct Expenses
Total Costs
$30,000
$9,000
$36,000
$47,600
$10,600
$12,800
$146,000
. Page 2
SHORT FORM AGREEMENT BETWEEN OWNER AND HDR ENGINEERING,
INC. FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made as of this 6th day of Februarv, 2004, between The
City of Meridian ("OWNER"), with principal offices at Meridian, Idaho, and HDR
ENGINEERING, INe., ("ENGINEER") a Nebraska corporation, with principal offices at
8404 Indian Hills Drive, Omaha, Nebraska, 68114 for services in connection with the
project known as GIS Implementation - Phase 1 ("Project");
WHEREAS, OWNER desires to engage ENGINEER to provide professional
engineering, consulting and related services ("Services") in connection with the Project;
and
, WHEREAS, ENGINEER desires to render these Services as described in
SECTION I, Scope of Services.
NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual
covenants contained herein, agree as follows:
SECTION I.
SCOPE OF SERVICES
ENGINEER will provide Services for the Project, which consist of the Scope of Services
as outlined on the attached Exhibit A.
SECTION II.
TERMS AND CONDITIONS OF ENGINEERING
SERVICES
The "HDR Engineering, Inc. Terms and Conditions for Professional Services," which are
attached hereto in Exhibit B, are incorporated into this Agreement by this reference as if
fully set forth herein.
SECTION III.
RESPONSIBILITIES OF OWNER
The OWNER shall provide the information set forth in paragraph 6 ofthe attached "HDR
Engineering, Inc. Terms and Conditions for Professional Services."
SECTION IV.
COMPENSATION
Compensation for ENGINEER'S services under this Agreement shall be on the basis of
per diem.
The amount of any sales tax, excise tax, value added tax (VAT), or gross receipts tax that
may be imposed on this Agreement shall be added to the ENGINEER'S compensation as
Reimbursable Expenses.
Compensation terms are defmed as follows:
Agreement for Professional Services
1-1999
Per Diem shall mean an hourly rate equal Direct Labor Cost times a multiplier of three
point one QJ) to be paid as total compensation for each hour an employee works on the
project, plus Reimbursable Expense.
Direct Labor Cost shall mean salaries and wages, (basic and overtime) paid to all
personnel engaged directly on the Project.
Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in
connection with the Project for transportation travel, sub consultants, subcontractors,
computer usage, telephone, telex, shipping and express, hardware purchases, software
purchases, and other incurred expense. ENGINEER will add ten percent (10%) to
invoices received by ENGINEER from subconsultants and subcontractors to cover
supervision, administrative, and insurance expenses.
SECTION V.
PERIOD OF SERVICE
Upon receipt of written authorization to proceed, ENGINEER shall perform the services
described in Exhibit A within the time period(s) described in Exhibit A.
Unless otherwise stated in this Agreement, the rates of compensation for ENGINEER'S
services have been agreed to in anticipation of the orderly and continuous progress ofthe
project through completion. If any specified dates for the completion of ENGINEER'S
services are exceeded through no fault of the ENGINEER, the time for performance of
those services shall be automatically extended for a period which may be reasonably
required for their completion and all rates, measmes and amounts of ENGINEER'S
compensation shall be equitably adjusted.
Agreement for Professional Services
2
1-1999
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe day
and year first written above.
Agreement for Professional Services
CITY OF MERIDIAN
"OWNER"
BY:
NAME:
Tammy de Weerd
TITLE:
Mayor
ATTEST BY:
ATTEST NAME: William Berg, Jr.
TITLE: City Clerk
ADDRESS: 33 E Idaho Avenue
Meridian, ID 83642-2631
HDR ENGINEERING, INC. ,
"ENGINEER"
BY:
'iYlJV~~
Mara Foley
NAME:
TITLE:
Vice President
ADDRESS:
418 South 9th St
Suite 301
Boise, ill 83702
3
1-1999
EXHIBIT A
SCOPE OF SERVICES
(
ONE COMPA1~Y IM"'l)' SDltlfio/JS~
ill,-
EXHIBIT A
SCOPE OF SERVICES
For
Geographic Information System (GIS) Preliminary Assessment - Task 2
For
THE CITY OF MERIDIAN
BACKGROUND
The City of Meridian has already made an initial investment in a GIS. The City Planning and Zoning
Department has ArcView, which is an excellent platform from which to work and a platform that is
compatible with that used in most other area jurisdictions. The Public Works Department is interested in
implementing a GIS for support of water and wastewater master planning, to enhance responsiveness to
information requests by the public, and to provide a common database of information from which others
can access in the future.
In late 2002, the City of Meridian contracted with HDR Engineering, Inc. (HbR) to perform a Geographic Information
Systems Needs Assessment (Needs Assessment). The Needs Assessment helped the Public Works Department
understand the many ways in which a GIS could be used to support current and future activities in the department.
Implementation of the GIS will occur in several phases. The first phase, GIS Implementation Phase 1, will
consist of configuring and installing the hardware and software and training the Public Works Department
staff in basic operations of using GIS which is necessary for the Public Works Department to begin using
GIS in a manner consistent with the Needs Assessment, including on-going technical support and on-call
GIS services. GIS Implementation Phase 2 will consist of GIS application and data development to
broaden and enhance the capabilities developed in the initial investment of Phase 1. The goal of this
implementation project is to leave the Public Works Department with a valuable tool that can be used by
Public Works staff to serve the citizens of Meridian in a more efficient and effective manner. The Public
Works Department has requested that HDR propose a scope of work for GIS Implementation Phase 1.
HDR has been applying GIS technology since the early 1990's and continues to deliver on projects that
have involved GIS technology in public works civil engineering and other disciplines. These projects have
included the utilization of GIS to support water distribution system, wastewater collection system, and
storm water conveyance system analysis and design, as well as assist in environmental analysis for water
resources and transportation planning.
Task 1 of this scope of work describes the activities prepared for GIS Implementation Phase 1. This task
includes the minimum steps necessary to create a fully operational GIS on the City of Meridian computer
network. Subsequent tasks, Tasks 2 and 3 are required to support a fully operational GIS system. Task
4 is recommended to enhance GIS applications and to make additional technical support, but is
considered additional services to this scope. Only Tasks 1, 2, and 3 are included in the budget for this
scope of work.
SCOPE OF SERVICES
Task 1: Initial Setup and Training
Subtask 1.1: Develop Detailed Hardware and Software Specifications
Objective:
The objective of this task is to develop detailed specifications for the new hardware and software to be
installed on the City of Meridian Public Works Department computer network. Some hardware and
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software specifications were provided in the Needs Assessment. However, these specifications may
need to be updated to ensure that the City invests in the state-of-the-art, yet proven, technology,
Activities:
HDR will facilitate a kick-off meeting with Public Works Department staff to address initial setup and
configuration issues that will need resolution prior to HDR installing the new terminal server. HDR will
also communicate with hardware equipment vendors during this task in an attempt to find the best value
for the proposed system configuration. .
Assumptions:
The Public Works Department staff will be responsible for the following:
· Meet with HDR Information Technology personnel to discuss and provide information on current
computer network architecture;
. Act as a liaison with City of Meridian Information Technology and Accounting personnel;
Deliverables:
This task will result in the following deliverable:
· A list of hardware and software items and Identification of one or more vendors from which to
purchase the items.
Sub task 1.2: Equipment Installation and Configuration
Objective:
The objective of this task is to install and configure the new terminal server hardware on the City of
Meridian Public Works Department computer network.
Activities:
HDR information technology specialists have configured terminal servers and client workstations for
several systems. However, each new piece of equipment and each new computer network present
unique and unanticipated challenges. Therefore, HDR will setup the proposed terminal server hardware
off-line from the City of Meridian computer network. Once operational, the terminal server will. be
relocated to the City of Meridian offIces and connected to the Public Works Department computer
network. An HDR information technology specialist will install the terminal server on the Public Works
Department computer network with the assistance of a qualified Meridian network administrator.
Assumptions:
The Public Works Department staff will be responsible for the following:
· Provide a network administrator with "adminIstrative privileges" and rights to the City of Meridian
computer network;
· Provide a locatron for the new termInal server. The location must maintain a temperature on or
below 80 degrees Fahrenheit with a relative humidity below 15 percent and must have free and
clear access to a connection with the City of Meridian computer network less than 15 feet away;
· Ensure that an activated terminal services license manager IS operational on the existing City of
Meridian domain;
· Provide a minimum of 100 mbps full duplex Ethernet connection for the terminal server;
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· Provide a static internet protocol (IP) address for the terminal server and provide a naming
convention for the new terminal server;
· Purchase equipment per Table 1 Equipment Purchases as a direct expense to this contract;
· The City of Meridian will require new data backup device for the GIS terminal server.
Other assumptions include:
· The City of Meridian will purchase the terminal server hardware as a direct expense to the
consulting services provided in this scope of work. Purchase of hardware under this consulting
services contract is an agreement by the City of Meridian and the respective hardware vendor.
HDR is not a retail provider of computer hardware, and therefore, does not provide warrantee or
guarantee for equipment purchased by the City of Meridian under this contract.
Deliverables:
This task will result in the following deliverable:
. A new terminal server connected to the City of Meridian computer network.
Table 1. Proposed Terminal Server Hardware
Hardware Device Option Quantity
Terminal Server IBM 345, 2 CPUs 1
Terminal Server 346 GB SCSI Hard Drive 1
Terminal Server 3-Year, 24/7 Gnsite Warranty 1
Expandable Data Backup Drive 1
Subtask 1.3: Client/Server Software lnstaffation and Configuration
Objective:
The objective of this task is to install and configure the new terminal server software on the City of
Meridian Public Works Department computer network and ihstall and configure the new client software on
the City of Meridian desktop workstations.
Activities:
HDR information technology specialists have configured terminal server software and workstation client
software for several systems. However, each new piece of equipment and each new computer network
present unique and unanticipated challenges. Therefore, HDR will setup and configure the proposed
terminal server software off-line from the City of Meridian computer network as a trial run, Once
operational, the terminal server will be relocated to the City of Meridian offices and connected to the
Public Works Department computer network. An HDR information technology specialist will install the
terminal server on the Public Works Department computer network with the assistance of a qualified
Meridian network administrator. This subtask will be implemented concurrently with subtask 1.2, above.
Assumptions:
The Public Works Department staff will be responsible for the following:
· Provide access to the City of Meridian Public Works Department computer workstations;
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. Provide a network administrator with "administrative privileges" and rights to the City of Meridian
computer network;
. Purchase Citrix Client and Server software licenses per Table 2 Software Purchases;
. Purchase license manager software to manage the number of Citrix connections available over
the City of Meridian computer network.
Other assumptions include:
. The City of Meridian will purchase the terminal server software as a direct expense to the
consulting services provided in this scope of work. Purchase of software under this consulting
services contract is an agreement by the City of Meridian and the respective software vendor.
HDR is not a retail provider of computer software, and therefore, does not provide warranty or
guarantee for software purchased by the City of Meridian under this contract.
Deliverables:
This task will result in the following deliverable:
. A new terminal server configured to operate on the City of Meridian computer network; and
. Existing Public works Department computer workstations can access the desktop of the new
terminal server.
Table 2. Proposed Client/Server Software
Software Description Number Licenses Vendor/Source
Citrix Metaframe XP, with Subscription Advantage 12 Citrix
Windows 2000 Server License, pin MICB-1114275 (10 Sessions) 1 Microsoft
Windows 2000 Server Disk Kit WIN, pin MICM-1113449 1 Microsoft
Subtask 1.4: Install GIS Software on new Terminal Server
Objective:
The objective of this task is to install the GIS software on the terminal server that will be used by the
Public Works Department engineering staff to support database development, system inventory, and
mapping needs. This software will be available to users via workstations connected to the terminal server
via the City of Meridian Public Works Department computer network.
Activities:
The HDR information technology professional will install ArcView GIS 3.3 and ArcGIS 8.3 Arclnfo Suite on
the new terminal server set up in Subtask 1.1 through Subtask 1.3, above. This software requires access
to a FlexLM license manager available on the City of Meridian computer network. If a license manager is
unavailable, a new FlexLM license manager will be installed and configured to manage the GIS software
licenses purchased from ESRI, Inc. by the City of Meridian.
Assumptions:
The Public Works Department staff will be responsible for the following:
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. Provide access to the City of Meridian Public Works Department computer workstations;
. Provide a network administrator with "administrative privileges" and rights to the City of Meridian
computer network;
. Purchase GIS software licenses per Table 2 Software Purchases;
Deliverables:
This task will result in the following deliverable:
. A list of software items and identification of one or more vendors from which to purchase the
items.
Table 3. Proposed GIS Software
Software Description Number Licenses Vendor/Source
ArcGIS (Arclnfo) 8.3 License, Floating 1 ESRI
ArcGIS (ArcView) 8.3 License, Floating ! 3 ESRI
ArcView GIS 3.3 - 1 ESRI
ArcReader 20 ESRI
Arclnfo 8.3, ArcPress, Concurrent Use 1 ESRI
Arclnfo 8.3, COGO Extension 1 ESRI
ArcGIS 8.3, ArcPublisher Extension, Concurrent Use 1 ESRI
ArcGIS 8.3 Survey Analyst Extension, Concurrent Use 1 ESRI
$ubtask 1.5: Map Book Production
Objective:
The objective of this task is to create an electronic and hard copy map book from the data in the Ada
County basemap and CAD files of the City of Meridian water distribution system and wastewater
collection system as-built basemapping.
Activities:
HDR will load the Ada County basemap information into a GIS database and overlay the City of Meridian
water distribution and wastewater collection system as-built CAD layers. A new "map document" layout
will be created to fram~ the border of the map book sheets.
Assumptions:
The Public Works Department staff will be responsible for the folloWing:
· Provide Ada County basemap information and water distribution and wastewater collection
system as-built CAD information and hydraulic model data for use as map book data layers;
Other assumptions include:
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. The City of Meridian has partnered with other Ada County communities and maintained an
agreement with Ada County to participate in the Ada County basemap development and has a
license to utilize the information contained in the Ada County basemap data;
· Map book information will be displayed at a 1 inch =200 feet scale or less.
. The City of Meridian has developed and maintained electronic as-built documentation of the
water distribution and wastewater collection systems in AutoCAD "dwg" or Microstation "dgn"
format.
De/iverables:
This task will result in the following deliverable;
· One hard copy water distribution system map book developed using the City of Meridian GIS
hardware and software;
· One hard copy wastewater collection system map book developed using the City of Meridian GIS
hardware and software;
· One electronic map book which utilizes available City of Meridian GIS data, including water
distribution and wastewater collection system CAD layers
Subtask 1.6: Basic GIS Training
Objective,'
The objective of this task is to present various applications of GIS technology in a public works arena to
the City of Meridian Public Works staff and to provide a mechanism for the staff to practice basic
operations of GIS.
Activities:
HDR will facilitate a workshop with up to ten City of Meridian employees in basic concepts and
understanding of GIS and demonstrate several practical applications of how GIS can be used to help in
day-to-day procedures in a public works department.
Assumptions:
The Public Works Department staff will be responsible for the following:
· Attend the workshop and provide a conference room and computer workstation terminals
connected to the City of Meridian computer network with Citrix client software installed;
Deliverables:
This task will result in the following deliverable:
. A single two-day workshop in the basic operation of GIS.
· PowerPoint presentations from training sessions,
· Hardcopy and PDF versions of HDR-prepared training curriculum materials.
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Task 2: Project Management
Subtask 2.1: Conduct Project Communications
Objective.
The objective of this task is to communicate and coordinate with the City of Meridian Public Works
Department and HDR project team members.
Activities:
This scope of work and budget is based upon five months of project administrative and project
management services for communication and coordination over the course of the project. This subtask
includes attendance at project meetings, telephone conference calls, and project status reports.
Assumptions:
The Public Works Department staff will be responsible for the following:
· Coordinate City functions with the Consultant Project Manager.
Other assumptions include:
· Up to one project team meeting per week is expected over the course of the project;
· Project meetings may be conducted over the telephone, Internet conferencing, or in person;
· Up to one meeting per month for up to five months will be conducted in person.
Deliverab/es:
. Status reports - Due monthly for project duration
Sub task 2.2: Project Management and Administration
Objective:
The objective of this task is to organize and manage the project team within the defined project scope,
schedule, and budget.
Activities:
This scope of work and budget is based upon five months of project administrative services and project
management for billings and maintenance of project records over the course of the project.
Assumptions:
The Public Works Department staff will be responsible for the following:
· Manage City functions for adherence to Scope of Work and schedule.
Other assumptions include:
· If the scope changes during the life of the project, modification to the original contract agreement
will be required per the contract terms and conditions;
De/iverab/es:
· Project management work products include on-going project management, project billings, record
keeping, andadminrstration.
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. Invoices are due monthly for project duration in the months with project-related activity
Task 3: On-Call GIS Services
Objective:
HDR is a multi-disciplinary consulting firm with profeSSionals available to support GIS and utility planning
activities for the City of Meridian on an on going, on-call basis. If at any time additional support is
requested, or if additional assistance is necessary beyond items described in Task 1, above, HDR is
available to respond immediately on an on-call time and materials basis.
Activities:
This task includes miscellaneous on-call support to answer questions and provide services to assist City
of Meridian Public Works Department staff with the operation and uses of GIS. Additional project
management activities will be required during the course of this task.
Assumptions:
· On-Call GIS Services will not be performed without a written notice to proceed either via' e-mail,
fax, or letter from the City of Meridian.
· This task will be billed on a time and materials basis, including hourly labor rates for staff and
miscellaneous direc:t expenses inclUding airfare, rental car, hotel, and meals.
· Labor time does not include non-project related time, such as travel time or time in a hotel unless
working on project related activity.
Deliverabtes:
· Weekly status report describing the services provided over the course of the week, as requested
by the City.
Optional Task 4: Application and Data Development
This task focuses on the many uses of GIS in the Public Works arena. Potential areas where a GIS
database may be developed or where custom GIS applications could be created include:
· Potable Water Quality Monitoring - The purpose of this task is to develop an application to
isolate potable water system contamination and notify residents also includes updating the potable
water system network. This data layer requires water network editing, including additions of new water
lines, revision of the accuracy of existing water lines, or updating other network features (e.g.,
valves, manholes, connectors). The project also requires that the water network be assigned
appropriate NETWORK route system functionality, so that the potable water contamination
notification application can determine which valves serve as "stops" around the location of a
detected contamination point or break. HDR will assist the City in establishing requirements for
the application, identifying appropriate software, and implementing that software, including any
necessary customization. Because the Sanitary Sewer Overflow Reporting application requires
the potable water network as an input, the potable water layer must be updated first, making this
project a higher priority chronologically. The project is estimated to take 12 months to complete.
· Sanitary Sewer Overflow Reporting - The purpose of this project'is to develop an application that
will comply with all the public and government notice requirements associated with a sanitary
sewage spllJ. The project includes an update of the GIS database of the sanitary sewer network, This
data layer requires sanitary sewer network editing, including additions of new sewer lines, revision
of the accuracy of existing sewer lines, or updating other network features (e.g., valves,
manholes, connectors). The budget estimate includes line items for writing the computer code
necessary to perform the valve cutoff identification, identify affected parcels for notification, and
generate an incident report. The Sanitary Sewer Overflow Reporting application requires both the
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potable water network and stormwater system network as inputs. The Ada County Highway District
(ACHD) maintains the stormwater system network. This project must follow the updates to those layers.
The project is estimated to take 12 months to complete. .
· GASS 34 Asset Management - GASB 24 is a new governmental accounting standard that directly' .
affects how state and local governments report assets. This may change how pavement
management or other infrastructure assets are documented and reported. This project requires
that the various utility networks be appropriately attributed and is dependent upon the completion of
other outsourced projects.
· Work Order Maps - This application calls for a method to generate work order maps for water and
sewer system repair and replacement projects. To do this most effectively, the Public Works
Department should retain a consultant to integrate the sanitary sewer and potable water system GIS
networks into asset management software. This project is estimated to require 12 months to
complete.
· Utility Public Information Requests - This application would provide a means for Public Works
Department staff to automate the process for answering questions from developers about the availability
and location offire hydrants and utility services. In particular, this application would compare the (
invert elevation of water and sewer lines and compare those to ground elevations for the area of
interest to provide information on the depth to which those lines are buried. The application
would also provide information on the location and flow of fire hydrants. Invert elevations would be
acquired using a bike-GPS program or other means. This project could follow the completion of the
utility networks, and would take about 4 months to complete.
· Infrastructure. Condition Rating - This project would require development of an infrastructure
inventory database~ and data entry of historical data on repair history. Since this is a new
database, it would require attribute data entry for 100% of the City's road network, but assumes
that ACHD's existing roadway centerline layer would be used with minimal updates beyond
routine maintenance. Data for water and wastewater infrastructure would largely be produced
from existing water distribution system and wastewater collection system hydraulic models. This
project is not dependent on any other, but coul~ be implemented in the 2006 time frame due to its low
priority.
· Traffic Network Database - This project would require an inventory of all regulatory traffic control
devices in the City, as well as other relevant data (e.g., traffic count locations and tabular data).
Traffic count information could be input into a GIS database easily by the Public Works Department GIS
$taff as part of their routine data maintenance activities. Inventories of traffic control devices
(including signs, signals and pavement markings) could be collected by a variety of means,
including use of GPS survey crews. Vehicles using GPS, video imaging, and other technologies are
capable of capturing spatially accurate roadway and asset data while driving at posted speed limits.
This is a very fast technique, and is superior to field-crew GPS surveys for collection of 9,000 or more
structures. Furthermore, the video imagery collected by the vehicle could be reinterpreted at any
later time to extract more information, allowing the Public Works Department to budget for the initial
inventory one year, and budget for additional data extraction in later years, based on priority. This
project is not dependent on any other, but could be implemented in the 2006 time frame due to its
low priority.
PERIODS OF SERVICE
Task 1:
Notice to Proceed - March 8, 2004
Order Hardware and Software - March 22, 2004
Anticfpated receipt of hardware/software (Expect 5 weeks) - April 26, 2004
Hardware Installation - May 10, 2004
Software Installation - May 24, 2004
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Scope of Services
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GIS Training - June 7 - 8,2004
Task 2 schedule will be as necessary to perform requested services through the life of the project.
Task 3 schedule is to be determined.
COMPENSATION
Payment for Basic Services
Compensation will be as summarized below.
Task Description
TASK 1 *
GIS Consulting Services
Direct Expenses - Hardware **
Direct Expenses - Software **
Di rect Expenses - Other
Subtotal (Task 1)
Amount
$47,600
$30,000
$45,000
$7 AOO
$130,000
TASK 2 *
Project Management
Direct Expenses - Other
Subtotal (Task 2)
$10,600
$5 ADO
$16,000
TASK 3 ***
On-Call GIS Services
Time and Materials
TASK 4 (Optional)
Application and Data Development
Fee to be determined,
* Compensation for Task 1 and Task 2 services will be on the basis of time and materials with a fee
not to exceed the subtotal amount, above.
** Direct costs for hardware and software are based upon pricing available at the time of production
for the Geographic Information Systems Preliminary Needs Assessment (July 2003). Pricing is
determined by hardware and software vendors and is subject to change. Changes in pricing of
hardware and software costs will result in changes in contract amount. For example, if hardware and
software exceed the amount shown in this exhibit, the fee will increase, or if the hardware and
software costs are less than the amount shown in this exhibit, the fee will decrease.
*** Compensation for Task 3 services will be on the basis of time and materials as required to perform
the services requested at the time of notice to proceed. Since a "not to exceed" amount is not
provided for this task, a status report wlll be provided every week detailing work performed and costs
to be billed under this task.
Payment for Additional Services
Compensation for additional services will be on the basis of time and materials as agreed upon before the
initiation of any such services. HDR will not perform any Additional Services activities without written
authorization from the Public Works Department. .
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EXHIBIT B
TERMS AND CONDITIONS
HDR Engineering, Inc.
Terms and Conditions for Professional Services
1. STANDARD OF PERFORMANCE
The standard of care for alf professional engineering, consulting
and related services performed orfumished by ENGINEER and
its employees under this Agreement will be the care and skill
ordinarily used by members of ENGINEER's profession
practicing under the same or similar circumstances at the same
time and in the same locality. ENGINEER makes no warranties,
express or implied, under this Agreement or otherwise, in
connection with ENGINEER's services.
2. INSURANCE
ENGINEER agrees to procure and maintain, at its expense,
Workers' Compensation insurance as required by statute;
Employer's liability of $250,000; Automobile Liability insurance of
$1,000,000 combined single limit for bodily injury and property
damage covering all vehicles, including hired vehicles, owned and
non-owned vehicles; Commercial General Liability insurance of
$1,000,000 combined single limit for personal injury and property
damage; and Professional Liability insurance of $1 ,000,000 per
claim for protection against cia ims arising out of the performance
of services under this Agreement caused by negligent acts,
errors, or omissions for which ENGINEER is legally liable. Upon
requesl, OWNER shall be made an additional insured on
Commercial General and Automobile Liability insurance policies
and certificates of insurance will be fumished to the OWNER.
ENGINEER agrees to indemnify OWNER for the claims covered
by ENGINEER's insurance.
3. OPINIONS OF PROBABLE COST (COST ESTIMATES)
Any opinions of probabie project cost or probable construction cost
provided by ENGINEER are made on the basis of information
available to ENGINEER and on the basis of ENGINEER's
experience and qualifications, and represents its judgment as an
experienced and qualified professional engineer. However, since
ENGINEER has no control over the cost of labor, materials,
equipment or services fumished by others, or over the
contractor(s') methods of determining prices, or over competitive
bidding or market conditions, ENGINEER does not guarantee that
proposals, bids or actual project or construction cost will riot vary
from opinions of probable cost ENGINEER prepares.
4. CONSTRUCTION PROCEDURES
ENGINEER's observation or monitoring portions of the work
perform ed under construction contracts shall not relieve the
contractor from its responsibility for performing work in accordance
with applicable contract documents. ENGINEER shall not control
or have charge of, and shall not be responsible for, construction
means, methods, techniques, sequences, procedures of
construction, health or safety programs or precautions connected
with the work and shall not manage, supervise, control or have
charge of construction. ENGINEER shall not be responsible for
the acts or omissions of the contractor or other parties on the
project ENGINEER shall be entitled to review all construction
conlract documents and 10 require that no provisions extend the
duties Or liabilities of ENGINEER beyond those set forth in this
Agreement. OWNER agrees 10 include ENGINEER as an
C indemnified "partyifWWNER's construction 6on1racts for the work,
which shall protect ENGINEER to the same degree as OWNER.
Further, OWNER agrees that ENGINEER' shall be listed as an
additional insured under the. construction contractor's liability
insurance policies.
5. CONTROLLING LAW
This Agreement is to be governed by the law of the state where
ENGINEER's services are performed.
6, SERVICES AND INFORMATION
OWNER will provide all criteria and information pertaining to
OWNE R's requirements for the project, including design objectives
and constraints, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations.
OWNER will also provide copies of any OWNER-furnished
Standard Details, Standard Specifications, or Standard Bidding
Documents which are to be incorporated into the project
OWNER will fumish the services of soils/geotechnical engineers or
other consultants that include reports and appropriate professional
recommendations when such services are deemed necessary by
ENGINEER. The OWNER agrees to bear full responsibility for the
technical accuracy and content of OWNER-furnished documents
and services.
In performing professional engineering and related services
hereunder, it is understood by OWNER that ENGINEER is not
engaged in rendering any type of legal, insurance or accounting
services, opinions or advice. Further, it is the OWNER's sole
responsibility to obtain the advice of an attorney, insurance
counselor or accountant to protect the OWNER's legal and
financial interests. To that end, the OWNER agrees that OWNER
or the OWNER's representative will examine all studies, reports,
sketches, drawings, specifications, proposals and other
documents, opinions or advice prepared or provided by
ENGINEER, and will obtain the advice of an attorney, insurance
counselor or other consultant as the OWNER deems necessary to
protect the OWNER's interests before OWNER takes action or
forebears to take action based upon or relying upon the services
provided by ENGINEER.
7. SUCCESSORS AND ASSIGNS
OWNER and ENGINEER, respectively, bind themselves, their
partners, successors, assigns, and legal representatives to the
covenants of this Agreement Neither OWNER nor ENGINEER
will assign, sublet, or transfer any interest in this Agreement or
claims arising therefrom without the wrillen consent of the other.
8. RE-USE OF DOCUMENTS
All documents, including all reports, drawings, specifications,
computer software or other items prepared or fumished by
ENGINEER pursuant to this Agreement, are instruments of service
with respect to the project. ENGINEER retains ownership of all
such documents. OWNER may retain copies of the documents for
Its information and reference in connection with the project;
however, none of the documents are intended or represented to be
suitable far reuse by OWNER or others on extensions of the
project or on any other project. Any reuse without written
verification or adaptation by ENGINEER for the specific purpose
intended wlll be at OWNER's sole risk and without liability or legal
exposure to ENGINEER, and OWNER will defend, indemnify and
hold harmless ENGINEER from all claims, damages, losses and
expenses, including allorney's fees, arising or resulting therefrom.
Any such verification or adaptation will entitle ENGINEER to further
compensation at rates to be agreed upon by OWNER and
ENGINEER.
9. TERMJNATION OF AGREEMENT
OWNER or ENGINEER may terminate the Agreement, in whale or
irlpar( by giving'seven <7rdays wntten-notice~lnhe other party
substantially fails to fulfill its obligations under the Agreement
through no fault of the terminating party. Where the method of
payment is "lump sum," or cost reimbursement, the final invoice
will include all services and expenses associated with the project
up to the effective date of termination. An equitable adjustment
shall also be made to provide for termination settlement costs
ENGINEER incurs as a result of commitments that had become
firm before termination, and for a reasonable profit for services
performed.
10, SEVERABILITY
If any provision of this agreement is held invalid or unenforceable,
the remaining provIsions shall be valid and binding upon the
(10/2001)
February 12, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
February 1 7, 2004
S-o
ITEM NO.
REQUEST Sr. Citizen ICDBG Professional Center Contract with SAGE
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:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
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Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
. .
PROFESSIONAL SERVICES CONTRACT
Senior Citizen Rehabilitation Project
This contract is entered into this 17th day of February, 2004, by and between the City of
Meridian, Idaho, herein referred to as the "GRANTEE" and Sage Community Resources dba
IDA-ORE Planning and Development Association, whose address is 10624 W. Executive Drive,
Boise, ID 83713, herein referred to as the "CONTRACTOR", Witnesseth:
WHEREAS, the GRANTEE has made application to and been awarded by the Idaho Department
of Commerce, herein referred to as the "DEP AR TMENT," for the receipt of grant funds under
the Idaho Community Development Block Grant (ICDBG) Program for the purposes of assisting
"... the City of Meridian in their Senior Center Rehabilitation Project"; and
WHEREAS, the GRANTEE desires to engage the CONTRACTOR to render certain services
related to the administration of the above described ICDBG project; and
WHEREAS, The GRANTEE has complied with provisions for soliciting of contractors as cited
in OMB Circular A-I02; and
WHEREAS, in order to assure effective management of the above project, it is deemed to be in
the best interests of the GRANTEE to enter into an agreement with the CONTRACTOR as
hereinafter provided;
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. EMPLOYMENT OF CONTRACTOR
The GRANTEE agrees to engage the CONTRACTOR, and the CONTRACTOR agrees to
provide the services described in Section 6 in order to provide for the administration and
management ofthe ICDBG project for the GRANTEE as approved by the DEPARTMENT.
2. EMPLOYEE-EMPLOYER RELATIONSHIP
The contracting parties warrant by their signature that no employer-employee relationship is
established between the CONTRACTOR and the GRANTEE by the terms of this contract. It
is understood by the parties hereto that the CONTRACTOR is an independent contractor and
as such neither it nor its employees, if any, are employees of the GRANTEE for purposes of
tax, retirement system, or social security (FICA) withholding.
3. CONTRACTOR1S INSURANCE
The CONTRACTOR warrants that it has obtained, and will maintain at its expense for the
duration of this Contract, statutory workerts compensation coverage, employer's liability and
comprehensive general liability insurance shall have, at a minimum, a coverage limit of at
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least one hundred thousand dollars ($100,000) per claim, and five hundred thousand dollars
($500,000) aggregate.
4. LIAISON
The GRANTEE designated liaison with the CONTRACTOR is William G. Berg, Jr., City
Clerk. The CONTRACTOR'S designated liaison with the City of Meridian is Pat Engel,
Community Development Specialist.
5. EFFECTIVE DATE AND TIME OF PERFORMANCE
The services to be performed by the CONTRACTOR will be completed upon project
closeout.
6. SCOPE OF WORK
The CONTRACTOR will perform the following services:
A. PROJECT PLANNING
1. Work with the City of Meridian to plan final funding source strategy for the project.
This will include attending necessary meetings, public presentations, performing
research, and giving recommendations for project development activities. Ms. Pat
Engel will serve as final grants development coordinator and provide liaison with
governmental funding partners.
11. Working in conjunction with the GRANTEE, and their Architect, CONTRACTOR
will develop, publish, and submit necessary applications for grant assistance to the
State agencies.
iii. Develop an approved Administrative Plan and secure approval of the Plan by the
funding agency.
B. CITIZEN PARTICIPATION
1. Assist GRANTEE in conducting public hearing required previous to grant application
submittal and at 50% construction completion.
c. ENVIRONMENTAL REVIEW
1. Have GRANTEE appoint Environmental Review Officer.
11. Establish Environmental Review Record file.
iii. Determine whether project is categorically excluded. Complete Statutory Checklist.
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IV. If project is not excluded, conduct Environmental Assessment to include impacts on
and mitigating measures for:
a. Community
b. Site
c. Historic preservation
d. Floodplain/wetland
e. Endangered species
f. Local regulations
v. If no restrictions are placed on the project by the agencies contacted during the
Envirorunental Assessment, prepare Finding of No Significant Impact (FONSI)
a. Publish FONSI and distribute notice and Request for Release of Funds (15 days)
b. Mail Certification and Request for Release of Funds to DEPARTMENT along
with a copy of publication (15-day comment period)
c. Receive Rele.ase of Funds from the DEPARTMENT
D. CIVIL RIGHTS COMPLIANCE
1. Establish a file containing the GRANTEE'S Affirmative Action Plan, Community
Profile, staffing minority status or other documents and statistics, which demonstrate
GRANTEE'S minority and handicapped population and efforts in nondiscriminatory
practices.
11. File signed Section 3 Clause and Certifications.
iii. Submit MBEIWBE Solicitation Summaries for all solicitations for services.
iv. Comply with GRANTEE Section 3 Plan and maintain documentation.
v. Implement at least three (3) of the Fair Housing activities listed in the Civil Rights
Handbook, including an Analysis of Impediments to Fair Housing.
vi. Consistent with the provision of Executive Order 11246 and OMB Circular A-102,
Attachment 0, CONTRACTOR will take affirmative steps to assure that women
(WBE) and minority businesses (DBE) are used when possible as sources of supplies,
equipment, construction and services. Additionally, CONTRACTOR will document
all affirmative steps taken to solicit WBE & DBE businesses and forward this
documentation along with the names of the WBE & DBE subcontractors and
suppliers to the local government CDBG recipient upon request.
E. ACQUISITION AND RELOCATION COMPLIANCE
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1. Determine whether acquisition is governed by Title III of the Uniform Relocation Act.
11. Assist in the preparation of documentation for temporary or permanent easement
allocation and acquisition of real property.
iii. Prepare acquisition notices.
iv. Prepare Requests for Qualification (RFQ!s) for the selection of a certified appraiser, as
needed.
v. Review appraisal documents, determine just compensation and assist in preparing
final acquisition documents.
VI. Assist the GRANTEE in preparing acquisition file for each property acquired.
vii. Assist the GRANTEE in complying with State and Federal requirements regarding
donations of properties or relocation.
F. LABORSTANDARDSCOMPUANCE
1. Furnish Engineer with all HUD documentation, including Federal Wage
determinations, for preparation of check set of plans and specifications.
11. Maintain documentation attesting to all administrative and enforcement activities with
respect of Federal labor standards requirements, including:
a. Review all contract documents to ensure labor standards provisions, including
current wage determinations, are included
b. Check all contractors and subcontractors to verify they are a bona fide company
and have no deficiencies outstanding from previous federal work
c. Conduct pre-construction conferences to obtain various certifications of all
contractors and subcontractors
d. Review weekly payrolls
e. Assure wage rates and Equal Employment Opportunity signs are posted at the job
site
f. Monitor on-site inspection reports
g. Conduct employee interviews to insure Davis-Bacon wages are being paid
iii. Secure updated Federal Wage Determination ten (10) days prior to bid opening date
and assist in notifying bidders of any changes in Wage Determinations.
IV. Monitor that all contracts and subcontracts contain Federal Labor Standards
provisions, applicable wage determinations and other required Federal and local
assurances and documentation. Check contractor and subcontractor eligibility with
DEP ARTMENT (HUD) before starting construction.
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v. Conduct pre-construction conference: infonn all contractors, and those subcontrac-
tors that have been selected of their labor standard and fair employment practice
obligations as required by BUD. Submit pre-construction conference minutes to
DEPARTMENT. Submit executed contract documents to DEPARTMENT for
review and approval.
VI. During construction, conduct on-site inspections and worker interviews, checking for
posting of Federal wage determination and Equal Employment Opportunity poster,
and collection and review of weekly contractor and subcontractor payrolls and
subcontractor reports.
vii. Seek prompt correction of all violations of labor standards and payroll discrepancies.
H. FINANCIAL MANAGEMENT
1. CONTRACTOR will assist the GRANTEE in establishing a project filing system,
which will include:
a. General Ledger
b. Cash receipts/disbursements journals
c. Requests for Funds/Source Documentation and Progress Reports
11. CONTRACTOR will act as prime coordinator to process Requests for Funds and
obtain funding from the DEPARTMENT.
iii. Submit Performance Reports to the DEPARTMENT.
iv. Schedule with DEPARTMENT for monitoring as required.
v. Provide continued project administration through closeout in accordance with State
and Federal requirements.
1. PROCUREMENT OF MATERIAL AND SERVICES
1. Provide assistance to the GRANTEE in the procurement of all contracts and
subcontracts to ensure the procurement process meets with the requirements of the
funding agencies.
n. Coordinate to obtain, ifnecessary, DEPARTMENT approval for scope of
work/project area adjustments after on-site confirmation of pre-design project scope
by engineers and the GRANTEE.
iii. Furnish Engineer with all HUD documentation, including Federal Wage Determinat-
ions, for preparation of check set of Plans and Specifications.
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IV. Submit documents to the DEPARTMENT for final review no later than 15 days prior
to going out to bids, along with the required Bid Document Review Certification
form.
v. Monitor and counsel for proper advertisements of project for purpose of securing
wide bidder activity to meet Federal (RUD) requirements.
J. HANDICAPPED ACCESSIBILITY COMPLIANCE
1. Designation of a responsible employee.
11. Adoption and public notification of the Policy on Non-discrimination.
iil. Adoption and Public Notification of the 504 grievance procedure.
iv. Establishing Section 504 Citizen Review Committee.
v. Conducting local self-evaluation.
vi. Developing a Transition Plan.
7. COMPENSATION
For the satisfactory completion of the services to be provided under this Contract, the
GRANTEE will pay the Contractor a sum, not to exceed $10,000 which the GRANTEE
agrees to pay as set forth in attaclunent "N'.
Payment of compensation is contingent upon GRANTEE receiving an Idaho Community
Block Grant of$100,000.
8. CONFLICT OF INTEREST
The CONTRACTOR warrants that it presently has no interest and will not acquire any
interest, direct or indirect, in the ICDBG project, which would conflict in any manner or
degree with the performance of its services hereunder. The CONTRACTOR further
covenants that, in performing this contract, it will employ, no person who has any such
interest. Should any conflict of interest, as defined by the ICDBG Administrative Rules,
arise during the performance of this contract, it will be disclosed and managed according to
the ICDBG rules.
9. MODIFICATION AND ASSIGNABILITY OF CONTRACT
This contract contains the entire agreement between the parties, and no statements, promises,
or inducements made by either party, or agents of either party, which are not contained in the
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written contract, are valid or binding. This contact may not be enlarged, modified or altered
except upon written agreement signed by both parties hereto. The CONTRACTOR may not
sub contract or assign its rights (including the right to compensation) or duties arising
hereunder without the prior written consent of the GRANTEE and the DEPARTMENT. Any
subcontractor or assignee will be bound by all the terms and conditions of this contract.
10. TERMINATION OF CONTRACT
This contract may be terminated as follows:
a. Termination due to loss of funding.
In the event that the DEP AR TMENT reduces or tenninates payments under the ICDBG
Program so as to prevent the GRANTEE from paying the CONTRACTOR with lCDBG
funds, the GRANTEE will give the CONTRACTOR written notice, which sets forth the
effective date of the termination and explain the reasons for the termination. The notice shall
also describe the conditions for any reimbursement for any work completed.
b. Termination for convenience.
The GRANTEE may terminate this contract in whole, or in part, for the convenience of the
GRANTEE when both parties agree that the continuation of the project is not in the best
interest of both parties and that further expenditure of funds will not produce any results. The
parties shall agree in writing upon the conditions, effective date and fair and reasonable
payment for work completed.
c. Termination for cause.
1. If the GRANTEE determines that the CONTRACTOR has failed to comply with the
terms and conditions of this contract, it may terminate this contract in whole, or in part, at
any time before the date of completion. lfthe CONTRACTOR fails to comply with any
of the tenus and conditions of this contract, the GRANTEE may give notice, in writing,
to the CONTRACTOR of any or all deficiencies claimed_ The notice will be sufficient
for all purposes if it describes the default in general terms. If all defaults are not cured
and corrected within a reasonable period as specified in the notice, the GRANTEE may,
with no further notice, declare this Contract to be terminated. The CONTRACTOR will
thereafter be entitled to receive payment for those services reasonably performed to the
date of termination, less the amount of reasonable damages suffered by the GRANTEE by
reason of the CONTRACTOR'S failure to comply with this contract.
11. Notwithstanding the above, the CONTRACTOR is not relieved of liability to the
GRANTEE for damages sustained by the GRANTEE by virtue of any breach of this
contract by the CONTRACTOR, and the GRANTEE may withhold any payments to the
CONTRACTOR for the purpose of set off until such time as the amount of damages due
the GRANTEE from the CONTRACTOR is determined.
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ll. DOCUMENTS INCORPORATED BY REFERENCE
The GRANTEE'S application to the DEPARTMENT for ICDBG funding, dated March 1,
2002, and all applicable federal and state statutes and regulations are incorporated into this
contract in attachment fiB 'I .
12. CIVIL RIGHTS ACT OF 1964
The CONTRACTOR will abide by the provisions of the Civil Rights Act of 1964 which
states that under Title VI, no person may, on the grounds ofrace, color, or national origin, be
excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving federal financial assistance.
13. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974.
The CONTRACTOR will comply with the following provision: No person in the United
States may, on the grounds ofrace, color, national origin, or sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole, or in part, with the funds made available under this title.
Any prohibition against discrimination on the basis of age under the Age Discrimination Act
of 1975 or with respect to an otherwise qualified handicapped individual as provided in
Section 504 ofthe Rehabilitation Act of 1973 will also apply to any such program or activity.
14. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968.
The CONTRACTOR will ensure that, to the greatest extent feasible, opportunities for
training and employment arising in connection with this ICDBG-assisted project will be
extended to lower income project area residents. Further, the contractor will, to the residents
of the project area in the award of contracts and purchase of services and supplies.
15. MINORITY BUSINESS ENTERPRISE.
Consistent with the provisions of Executive Order 11246 and OMB Circular A-l02,
Attachment 0, the CONTRACTOR will take affirmative steps to assure that minority
businesses are used when possible as sources of supplies, equipment, construction and
services. Additionally, the CONTRACTOR must document all affirmative steps taken to
solicit minority businesses and forward this documentation along with the names of the
minority subcontractors and suppliers to the GRANTEE upon request.
16. NONDISCRIMINATION
The CONTRACTOR will not discriminate against any employee or applicant for
employment on the basis of race, color, religion, creed, political ideas, sex, age, marital
status, physical or mental handicap, or national origin.
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17. OWNERSHIP AND PUBLICATION OF MATERIALS
All reports, infonnation, data, and other materials prepared by the CONTRACTOR pursuant
to this Contract are to be the property of the GRANTEE and the DEPARTMENT which have
the exclusive and unrestricted authority to release, publish or otherwise use, in whole or part.
All such materials developed under this contract shall not be subject to copyright or patent in
the United States or in any other country without the prior written approval ofthe GRANTEE
and the DEPARTMENT.
18. REPORTS AND INFORMATION
The CONTRACTOR will maintain accounts and records, including persOlmel, property and
financial records, adequate to identify and account for all costs pertaining to this contract and
such other records as may be deemed necessary by the GRANTEE to assure proper
accounting for all project funds, both federal and non-federal shares. These records will be
made available for audit purposes to the GRANTEE or its authorized representative, and will
be retained for three years after the expiration of this contract.
19. ACCESS TO RECORDS.
It is expressly understood that the CONTRACTOR's records relating to this contract will be
available during normal business hours for inspection by the GRANTEE, the
DEPARTMENT, the U.S. Department of Housing and Urban Development, the U.S.
Comptroller General, Office ofInspector General, and, when required by law, representatives
of the State ofIdaho.
20. CONSTRUCTION AND VENUE.
This Contract will be construed under and governed by the laws of the State ofIdaho. In the
event oflitigation concerning it, venue is the in Fourth Judicial District for the County of
Ada, State ofIdaho.
21. INDEMNIFICATION.
The CONTRACTOR waives any and all claims and recourse against the GRANTEE
including the right of contribution for loss and damage to persons or property arising from,
growing out of, or in any way connected with or incident to the CONTRACTOR'S
performance of this contract except for liability arising out of concurrent or sole negligence
of the GRANTEE or its officers, agents or employees. Further, the CONTRACTOR will
indemnify, hold harmless, and defend the GRANTEE against any and all claims, demands,
damages, costs, expenses or liability arising out of the CONTRACTOR'S performance of this
contract except for liability arising out of the concurrent or sole negligence of the GRANTEE
or its officers, agents or employees.
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22. LEGAL FEES.
In the event either party incurs legal expenses to enforce the terms and conditions of this
contract, the prevailing party may be entitled to recover reasonable attomeis fees and other
costs as set forth under Idaho Law.
23. SPECIAL WARRANTY.
The CONTRACTOR warrants that nothing of monetary value has been given, promised or
implied as remuneration or inducement to enter into this contract. The CONTRACTOR
further declares that no improper personal, political or social activities have been used or
attempted in an effort to influence the outcome of the competition, discussion, or negotiation
leading to the award of this contract. Any such activity by the CONTRACTOR shall make
this contract null and void.
IN WITNESS WHEREOF, the parties hereto have executed this contract on the 17th day of
February, 2004.
SAGE COMMUNITY RESOURCES
CITY OF MERIDIAN
BY:
~~
Kathleen A. Simko
Executive Director
Sage Community Resources
yeWeerd, Mayor
Meridian
3/3)01
Date
Date
2. ...-1'1'--04-- .,,1\\lIlnull/-
-\\'-. .- "II/
,\\'~( OF MCffp... II"
..........\ :<..' v~ I~I
:::-" C} ;pJ>OR-A -11-- '~
:.:- cP '''''1~ -
:- ~ 0
Attest: Q4. (
f::-~~1
Attest.
City Clerk
Approved by City Council 2-17-04
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ATTACHMENT A
The GRANTEE shall pay CONTRACTOR for performance of the services described in Section
6 a sum not to exceed $10,000, as detailed in Section 6 and the following paragraph, unless such
sum is subsequently changed by the agreement of both parties as described in Section 9. Both
parties mutually agree that payment for all activities listed below will be contingent on the
GRANTEE receiving federal funding.
Pavment Requests: Upon CONTRACTOR'S written request, GRANTEE shall make progress
payments to CONTRACTOR. Billings will occur based on work completed during the previous
period and referenced on two bills:
1. Upon completion of Environmental Review Records, and the securing of"Notice of Removal
of Grant Conditions and Release of Funds" from the DEPARTMENT. This includes all
preliminary activities involved in setting up a grant, including, but not limited to, start-up
activities, project file organization, budgeting, etc. Work with GRANTEE to explain grant
requirements/expectations, assistance with procurement of engineering services.
CONTRACTOR shall receive $2,500.00 (or 25%).
2. Upon execution of construction contract and completion of pre-construction conference and
for work including, but not limited to, work with Architect and/or Engineer on preparation of
bid package, bid opening/award, assistance with execution of construction contract, and
conduct pre-construction conference, the CONTRACTOR shall receive $2,500.00 (or 25%).
3. Through construction period for work including, but not limited to, work with
contractors/subcontractors to monitor Davis-Bacon, civil rights and all other required
compliance activities: continue project management; attend meetings; maintain
communication among all parties, i.e. GRANTEE, DEPARTMENT, architectural firm,
engineer, contractors, and others as needed; and conduct project monitoring, as needed.
CONTRACTOR shall receive monthly payments of$l,OOO.OO for a total of$4,000.00 (or
40%).
The total amount paid in progress payments as listed above shall not exceed ninety (90) percent
of the total compensation sum.
Final Pavment: GRANTEE shall pay the final $1,000.00 (or 10%) for the Contract sum, upon
CONTRACTOR'S written requisition when all the above services are completed;
DEPARTMENT has monitored the project files and cleared any and all monitoring findings;
CONTRACTOR has prepared and submitted the Final Report for the closeout ofthe grant.
Penaltv: CONTRACTOR shall lose $750.00 or 5% ofthe total contract amount whichever is
greater for each unresolvable Finding of Non-Compliance or unresolvable Finding of Violation
attributable to CONTRACTOR'S performance.
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Performance of Sta(f; CONTRACTOR will be responsible for the successful performance and
completion of services by assigned staff as specified in the Scope of Work. CONTRACTOR
will certifY that staffwork is complete and in compliance with all ICDBG program requirements
prior to requesting payment for services.
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ATTACHMENT B
1. Nondiscrimination Under Title VI ofthe Civil Rights Act of 1964
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964
(P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24
CFR Part L In the sale, lease or other transfer ofland acquired, cleared or improved with
assistance provided under this Agreement, the Grantee shall cause or require a covenant
running with the land to be inserted in the deed or lease for such transfer, prohibiting
discrimination upon the basis of race, color, religion, sex Of national origin, in the sale, lease
or rental, or in the use or occupancy of such land or any improvements erected or to be
erected thereon, and providing that the Grantee is undertaking its obligation in carrying out
the program assisted hereunder, agrees to take such measures as are necessary to enforce such
covenant and will not itself so discriminate. This agreement is also subject to the
requirements under the Fair Housing Act Amendments of 1988, which has been expanded to
cover handicapped persons and families with children.
2. Title VIII
This Agreement is subject to the requirements of Title VIII of the Civil Rights Act of 1968
(P.L. 90-284), and HUD regulations with respect thereto, providing that it is the policy ofthe
United States, within constitutional limitations, to provide faif housing, and prohibiting any
person, in the sale, rental, financing, or brokers of housing, from discriminating or in any way
making unavailable or denying a dwelling to any person because of race, color, religion, sex
or national origin. In the implementation of Title VIII, HUD is guided by Executive Orders
11063 and 12259, and 24-CFR parts 100 through 115, particularly part 107.
3. Section 109
This Agreement is also subject to provisions of Section 109 of the Housing and Community
Development Act of 1974) P.L. 93-383), as amended. Section 109 prohibits the use of criteria
based on race, color, national origin or sex to exclude any person from participation in or
benefiting from any program or activity funded in whole or part with community
development funds made available pursuant to the Act. Section 109 further incorporates
prohibitions against age discrimination contained in the Age Discrimination Act of 1975 (42
use 6101 et seq) and against handicapped discrimination contained in Section 504 of the
Rehabilitation Act of 1973 (29 USC 794), as amended.
4. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential in
excess of $2,000 for the construction, prosecution, completion or repair of any building or
work financed in whole or in part with assistance provided under this Agreement, shall
comply with the requirements of the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5)
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and the Contract Work Hours and Safety Standard Act (40 U.S.C. 327 et seq.), as well as
HUD requirements pertaining to such contracts and the applicable requirements of the
regulations ofthe Department of Labor under 29 CFR Parts 3 and 5.5 governing the payment
of wage rates higher than those required under such regulations are imposed by state or local
law, nothing hereunder is intended to relieve the Grantee of its obligations, if any to require
payment of the higher rates. The Grantee shall cause or require to be inserted in full, in all
such contracts subject to such regulations, provisions meeting the requirements of 29 CFR
5.5. No award shall be made to any contractor who is at the time ineligible under the
provisions of any applicable regulations of the Department of Labor to receive an award of
such contract.
5. Environmental Standards
This Agreement is subject to the policies contained in the National Environmental Policy Act
of 1969 (42 U.S.C. 432l et seq.), and related laws, as furthered by HUD regulations
contained in 24 CFR Part 58. The Grantee hereby assumes responsibility for environmental
review, decision-making, and other action under NEP A and related laws, in accordance with
Part 58.
6. Section 3
This Agreement is subject to the employment and contracting requirements of Section 3 of
the Housing and Urban Development Act of 1968 (12 U.S.c. 1701u). Section 3 requires that,
to the greatest extend feasible, opportunities for training and employment be given to lower-
income persons residing within the unit of local government or the metropolitan area or non-
metropolitan county in which a covered project is located; and that contracts for work in
connection with such projects be awarded, to the greatest extent feasible, to eligible business
concerns which are located in, or owned in substantial part by, persons residing in the same
metropolitan area or non-metropolitan county as the project. HUD regulations contained in
24 CFR Part 135 contain guidelines relating to Section 3 objectives.
7. Lead Based Paint Hazards
The construction or rehabilitation of residential structures with assistance provided by this
Agreement is subject to HUD Lead-Based Paint regulations, 24 CFR Part 35. Any grants or
loans made by the Grantee for the rehabilitation of residential structures with assistance
provided under this Agreement shall be made subject to the provisions for the elimination of
lead-based paint hazards under Subpart B of said regulations, and the Grantee shall be
responsible for the inspections for the inspections and certifications required under section
35.l4(f) thereof.
8. Conflict of Interest of Members, Officers, or Emplovees of Grantee, Members of Local
Governing Body, or Other Public Officials:
No member, officer, or employee of the Grantee, or its designees or agents, no member of the
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governing body of the locality in which the program is situated, and no public official of such
locality or localities who exercised any functions or responsibilities with respect to the
program during his tenure or for one year thereafter, shall have any interest, direct or indirect,
n any contract or subcontract, or the proceeds thereof, for work to be performed in connection
with the program assisted under the Agreement. The Grantee shall incorporate, or cause to
be incorporated, in all such contracts a provision prohibiting such interest pursuant to the
purposes of this section.
9. Prohibition Against Payments or Commissions
The assistance provided under this Agreement shall not be used in the payment of any bonus
or commission for the purpose of obtaining HUD approval of the application for such
assistance, or HUD approval of applications for additional assistance, or any other approval
or concurrence of HUD required under this Agreement, Title I of the Housing and
Community Development Act of 1974 or HUD regulations with respect thereto; provided,
however, that reasonable fees or bona fide technical, consultant, managerial or other such
services, other than actual solicitation, are not hereby prohibited if otherwise eligible as
program costs.
10. Conflict of Interest of Certain Federal Officials
No member of or Delegate to the Congress of the United States, and no Resident
Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to
arise from the same.
11. Historic Preservation Act of 1966
Historic Preservation Act of 1966, as amended (16 U.S.C. 470 et seq).
12. Additional Assurances
The Grantee shall remain fully obligated under the provisions of the Agreement
notwithstanding its designation of any third party of parties for the undertaking of all or any
part of the program with respect to which assistance is being provided under this Agreement.
The Grantee shall comply with all lawful requirements of the Grantor to insure this
Agreement is carried out in accordance, and with the obligations and responsibilities of the
Grantor to HUD.
13. Requirements of Units of General Local Government
A. Certification
Title I of the Housing and Community Development Act of 1974, as amended through
1983, Section 106(d)(5) units of general local government must make certain
certifications on behalf of the unit of government. The State may not distribute funds
Page 15 of 16
G;\Will\Grants\Sr Citizen ICDBO 1-04\prof service admin contract 2-17.04.doc
unless the unit of government has submitted certifications providing essentially that:
1. it will minimize displacement as a result of activities assisted with ICDBG funds;
2. it will conduct and administer its program in confonnance with Title VI and Title
VIII, and affirmatively furthering fair housing.
3. it will provide opportunities for citizen participation comparable to the State's
requirements (those described in Section l04(a) of the Act, as amended);
4. it will not use assessments or fees to recover the capital costs of ICDBG-funded
public improvements from low and moderate income owner occupants; and
5. it will abide by all State and Federal rules and regulations related to the
implementation and management of Federal grants.
Page 16 of 16
G:\Will\Grants\Sr Citizen ICDBG 1-04\prof service admin contract 2-17-04.doc
February 12, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
February 17,2004
ITEM NO_ S -T
REQUEST Resolution - Grievance Procedure
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
>~.rJ t)
tffiyr b ~A 'V
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
MaterIals presented at publ1c meetings shall become property of the CIty of Meridian.
RESOLUTION NO. 04-
42-~
BY:
Ke/1A- /3J '} cf-,
A RESOLUTION OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN
FINDINGS AND PURPOSES; PROVIDING FOR THE ADOPTION OF THE
GRIEVANCE PROCEDURE FOR THE CITY OF MEIUDIAN IN CONNECTION WITH
SECTION 504 OF THE REHABILITATION ACT OF 1973 AND THE AMERICANS
WITH DISABILITIES ACT OF 1990.
WHEREAS, the Mayor and Council have the authority [pursuant to 1.c. S 50-302] to
establ ish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in
addition to the special powers therein granted, to maintain the peace, good government and
wel fare of the corporation and its tracie, commerce and industry; ancl
WHEREAS, the Mayor and Coullcil have deemed it expedient and ill the best interests
of the City of Meridian to.aclopt the Grievance Procedure fer the City of Mcridi~lIl.
WHEREAS, the following grievance procedure is established to meet the requirements
of Section 504 of the Rehabilitation Act as amended and the Americans With Disabilities Act or
1990 (ADA).
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
I DAH 0:
I. According to these laws, the City of Meridian, as a recipient of an Idaho Community
Development Block Grant (ICDBG) funds, certifies that all citizens shall have the right to submit
a grievance on the basis of disability in policies or practices regarding employment, services,
activities, facilities, or benefits provided by the City.
2. When filing <.1 grievance, citizens must provide detailed information to allow <.1n
investig<.1tion, including the date, location and description of the problem. The grievance should
be in writing and should include the name, address, telephone number of the complainant. Upon
request, alternative mcans of filing complaints, such as personal interviews or a tapc recording.
will be made available for individuals \vith disabilities upon request. The complaint should be
submitted by the complainant or his/her designee as soon as possible, but no later than 60 days
after the alleged violation. Complaints must be signed and sent to:
Name/Title of Coordinator: William G. Berg, Jr., City Clerk
Address: 33 E. Idaho Avenue, Meridian ID 83642
Telephone Number (208) 888-4433
Grievance Procedure
Page 1 of3
3. Within 15 calendar days after receiving the complaint, William G. Berg, Jr., City
Clerk, will meet with the complainant to discuss the complaint and possible resolution. Within
15 calendar days after the meeting William G. Berg,.Ir., City Clerk, will respond in writing.
Where appropriate, the response shall be in a format accessible to the complainant (such as large
print or audio tape). The response will explain the position of the City and offer options for
resolving the complaint.
4. If the response by William G. Berg, Jr., City Clerk, does not satisfactorily resolve the
issue. the complainant or his designee may appeal the decision of the ADA coordinator. Appeals
mllst be made within 15 calendar days after receipt of the response. Appeals mLlst be directed to
the City Councilor their designee.
5. Within 15 calendar days after receiving the appeal, the City Councilor their designcc
will meet with the complainant to discuss the complaint and to discuss possible resolutions.
Within 15 calendar days after the meeting, the City Councilor their designee will provide a
response in writing. Where appropriate, the response shall be in a format accessible to the
complainant. The response shall be accompanied by a final resolution of the complaint. The
504/ADA Coordinator shall maintain the files and records of the City pertaining to the
complaints filed for a peri"od of three years after the grant is closed out.
6. For other Complaint Procedures, all individuals have a right to a prompt and equitable
resolution. Individuals or classes of individuals who believe they have been subjected to
discrimination based on disability have several ways to file a grievance.
· use the grievance procedure provided by the City
· file a complaint with any agency that provides funding to the City
· fi Ie \Nith one of the eight federal agencies designated in the Title II regulations
7. Under Title II, filing a grievance with the City's ADA Coordinator, filing a complaint
vvith a federal agency, or filing a lawsuit may be done independently of the others, Individuals
are not required to file either a grievance or complaint to bring a lawsuit. Lawsuits may be filed
at any time. The following are four of the eight agencies where a Title II compliant can be filed,
Department of .I L1stice
Civil Rights Division
Public Access Section
P.O. Box 66738
Washington, DC 20035-9998
Department of Housing & Urban Development
Community Planning and Development
451 7th Street
W ashi ngton, DC 20410-4000
Grievance Procedure
Page 2 of3
Architectural & Transportation Barriers Compliance Board (A TBCB)
1331 F Street NW, Suite 1000
Washington, DC 20004-1111
Equal Employment Opportunity Commission (EEOC)
180 I L Street NW
Washington, DC 20507
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
]. EFFECTIVE DATE. This Resolution shall be ll1 full force and effect
immediately upon passage.
#.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /7 - day of
__~6TIAC1/I.--Y _ ' 2004.
.-f1..
APPROVED BY THE MAYOR OF II-IE CITY OF MERIDIAN, lDAHO, this (7 - clay 01'
~6rUWL:J ,2004. /
ATTEST:
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Grievance Procedure
Page 3 on
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho, with its principal oflice at
33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the c~odian of its records and
minutes and do hereby certify that on the 17{!- day of re6rUCLt!f, 2004, the following
action has been taken and authorized:
A RESOLUTION OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN
FINDINGS AND PURPOSES; PROVIDING FOR THE ADOPTION OF THE
GRIEVANCE PROCEQURE FOR THE CITY OF lVIERIDIAN IN CONNECTION \VITH
SECTION 504 OF THE REHABILITATION ACT OF 1973 AND THE AMERICANS
WITH DISABILITIES ACT OF ] 990.
WHEREAS, the Mayor and Council have the authority [pursuant to I.e. 950-302] to
establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in
addition to the special powers therein granted, to maintain the peace, good government and
welfare of the corporation and its trade, commerce and industry; and
WHEREAS, the Mayor and Council have deemed it expedient and in the best interests oC
the City of Meridian to adopt the Grievance Procedure for the City of Meridian.
\VHEREAS, the following grievance procedure is established to meet the requirements
of Section 504 of the Rehabilitation Act as amended and the Americans With Disabilities Act of
1990 (ADA).
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAI-IO:
]. According to these laws, the City of Meridian, as a recipient of an Iclaho Community
Development Block Grant (ICDBG) funds, certifies that all citizens shall have the right to submit a
grievance on the basis of disabi lity in policies or practices regarding employment, services, activities,
facilities, or benefits provided by the City.
2. When fi I ing a grievance, ci tizcns m LIst provide cletai I eel ill fonllatioll to allow all
CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN
Page 10f3
investigation. including the date, location and description of the problem. The grievance should be
in writing and should include the name, address, telephone number of the complainant. Upon
rcqucst, alternative means offiling complaints, such as personal interviews or a tape recording, will
be made available for individuals with disabilities upon request. The complaint should be submitted
by the complainant or his/her designee as soon as possible, but no later than 60 days after the alleged
violation. Complaints must be signed and sent to:
NamclTitle of CoordinDtor: William G. Berg, Jr., City Clerk
Address: 33 E. Idaho Avenue. Meridian ID 83642
Telephone Number (208) 888-4433
3. Within 15 calendar days after receiving the complaint, William G. Berg, Jr., City Clerk.
will meet with the complainant to discuss the complaint and possible resolution. Within 15 calendar
days after the meeting William G. Berg, Jr., City Clerk, will respond in writing. Where appropriate,
the response shall be in a format accessible to the complainant (such as large print or audio tape).
The response will explain the position ofthe City and offer options for resolving the complDint.
4. If the response.by William G. Berg, Jr., City Clerk, does not satisfactorily resolve the
issue, the complainant or his designee may appeal the decision of the ADA coordinator. Appeals
must be made within 15 calendar days after receipt of the response. Appeals must be directed to the
City Councilor their designee.
5. Within L 5 calendar days after receiving the appeal, the City Councilor their designee wi 11
meet \vith the complainant to discuss the complaint and to discuss possible resolutions. Within 15
calendar days after the meeting, the City Councilor their designee will provide [I response in writing.
Where approprinte, the response shall be in a format accessible to the complainant. The response
slla II be aeCOIll pan ied by a fi nal resolution 0 r the comp laint. The 504/ A DA Coord i nator sha II
mai ntai n the fi les and records 0 I~the Ci ty perta i n i ng to the cOl11plai nts fi led Cor a period 0 r three years
after the grant is closed out.
6. For other Complaint Procedures, all individuals have a I'ight to a prompt and equitable
resolution. Individuals or classes of individuals who believe they have been subjected to
discrimination based 011 disability have several ways to file a grievance.
· use the grievance procedure provided by the City
· file a complaint with any agency that provides funding to the City
· file with one of the eight federal agencies designated in the Title II regulations
7. Under Title II, filing a grievance with the City's ADA Coordinator, filing a complaint with
a federal agency, or filing a lawsuit may be done independently of the others. Individuals are not
required to file either a grievance orcomplaint to bring a lawsuit. Lawsuits may be filed at anytime.
The following are four of the eight agencies where a Title IT compLiant can be filed.
CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN
Page 2 0 f 3
Department of Justice
Civil Rights Division
Public Access Section
P.O. Box 66738
Washington, DC 20035-9998
Department of Housing & Urban Development
Community Planning and Development
451 7th Street
Washington, DC 20410-4000
Architectural & Transportation Barriers Compliance Board (ATBCB)
1331 F Street NW, Suite 1000
Washington, DC 20004- I 111
Equal Employment Opportunity Commission (EEOC)
1801 L Street NW
Washington, DC 20507
NOW, THEREFORE, BE IT RESOLVED BY THE JVIA YOR AND CITY COUNCIL
as follows:
1. EFFECTIVE DATE.
upon passage.
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On this ..-lJf't..... day of +eJoY-~L, in the year 2004, before me, a Notary Public, appear~~i'
\VILLI!\j'vl G. BERG, JR., known or v(lentil~ed to me to be the City Clerk of the City of
Meridian, Idaho, that executed the said instrument, and acknowlcclgeclto me that he executed the
same on behal r~~lnt.'Cit):1'J.c)V1eridian.
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CERTIFICA TE OF l-t~,& OF THE CITY OF MERIDIAN
Page 3 of 3
STATE OF IDAHO, )
ss
County of Ada,
.~
February 12, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
February 1 7, 2004
ITEM NO.
s-f:a
REQUEST Resolution - Fair Housing
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DE?T:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
yV .
o-~ d 1// i(1A
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
RESOLUTION NO. 04- 12/
BY: /Ceil A- /l; ;/'"?0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH THE POLICY OF THE CITY OF MERIDIAN REGARDING
FAIR HOUSING.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, the Mayor and Council have the authority [pursuant to LC. ~ 50-
302] to establish resolutions not inconsistent with the laws of the state ofIdaho as may be
expedient, in addition to the special powers therein granted, to maintain the peace, good
government and welfare of the corporation and its trade, commerce and industry; and
WHEREAS, the Mayor and Council have deemed it expedient and in the best
interests of the City of Meridian to adopt a policy promoting fair housing practices within
the City of Meridian.
WHEREAS, LET IT BE KNOWN TO ALL PERSONS OF the City of Meridian
that discrimination in the sale, rental, leasing, or financing of housing or land to be used
for construction of housing, or in the provision of brokerage services, because of race,
color, religion, sex or national origin is prohibited by Title VIII of the 1968 Civil Rights
Act (Federal Fair Housing Law).
WHEREAS, It is the policy of the City of Meridian to implement programs to
ensure equal opportunity in housing for all persons regardless of race, color, religion, sex
national origin, disability or familial status.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. That within available resources, the City will assist all persons who feel
they have been discriminated against because of race, color, religion, sex, national origin,
disability or familial status, to seek equity under federal and state laws by filing a
complaint with the U.S. Department of Housing and Urban Development, Office of Fair
Housing and Equal Opportunity, Compliance Division.
Fair Housmg Resolution
Page 1 of2
2. That the City shall publicize this Resolution and through this publicity
shall encourage owners of real estate, developers, and builders to become aware of their
respective responsibilities and rights under the Federal Fair Housing Law and
amendments and any applicable state or local laws or ordinances.
3. Publicity regarding this Resolution and its policies will at a minimum
include: 1) printing and publicizing of this policy and other applicable fair housing
information through local media and community contacts; 2) distribution of posters,
flyers, and any other means that will bring to the attention of those affected, the
knowledge of their respective responsibilities and rights concerning equal opportunity in
housing; and 3) preparation of an analysis of impediments to fair housing choice and
actions to mitigate such impediments.
4. EFFECTIVE DATE. This Resolution shall be in full force and effect
immediately upon passage.
-fJ...
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this f7 .......day
of .m6/~(A.CM 1- ,2004. -
'1#
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this { -day
of r;e1J,t-tAtvl-'j , 2004. -
'-"
ATTEST:
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-
-
Z:\Work\M\Meridian\Meridian I 5360M\Resolutions City Hall\1004\Fair Housing Res 0212 04.doc
Fair Housing Resolution
Page 2 of2
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk ofthe City of Meridian,
a duly incorporated City operating under the laws of the State ofIdaho, with its principal office at
33 East Idaho, Meridian, Idaho.
2, That as the City Clerk oftms City, I am the custodian of its records and
minutes and do hereby certify that on the /7-1! day of #6r~ ,2004, the following
action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH THE POLICY OF THE CITY OF MERIDIAN REGARDING FAIR HOUSING.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, the Mayor and Council have the authority [pursuant to I.C. 9 50-302] to
establish resolutions not inconsistent with the laws ofthe state ofIdaho as may be expedient, in
addition to the special powers therein granted, to maintain the peace, good government and
welfare of the corporation and its trade, commerce and industry; and
WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of
the City of Meridian to adopt a policy promoting fair housing practices within the City of
Meridian.
WHEREAS, LET IT BE KNOWN TO ALL PERSONS OF the City of Meridian that
discrimination in the sale, rental, leasing, or financing of housing or land to be used for construction
of housing, or in the provision of brokerage services, because of race, color, religion, sex or national
origin is prohibited by Title vrn of the 1968 Civil Rights Act (Federal Fair Housing Law).
WHEREAS, It is the policy of the City of Meridian to implement programs to ensure equal
opportunity in housing for all persons regardless of race, color, religion, sex national origin,
disability or familial status.
CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN
Page 1 of 1
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. That within available resources, the City will assist all persons who feel they have
been discriminated against because of race, color, religion, sex, national origin, disability or familial
status, to seek equity under federal and state laws by filing a complaint with the U.S. Department of
Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Compliance
Division.
2. That the City shall publicize this Resolution and through this publicity shall
encourage owners of real estate, developers, and builders to become aware of their respective
responsibilities and rights under the Federal Fair Housing Law and amendments and any applicable
state or local laws or ordinances.
3. Publicity regarding this Resolution and its policies will at a minimum include: 1)
printing and publicizing of this policy and other applicable fair housing information through local
media and community contacts; 2) distribution of posters, flyers, and any other means that will bring
to the attention of those affected, the knowledge of their respective responsibilities and rights
concerning equal opportunity in housing; and 3) preparation of an analysis of impediments to fair
housing choice and actions to mitigate such impediments.
4. EFFECTIVE DATE. This Resolution shall be in full force and effect III III Irlll
. . \\\\\ 1III1
ImmedIately upon passage. "\\\\~I Of MtR/", 1111/
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-
STATE OF IDAHO, )
County of Ada, )
On this /7f/1.. day of 1EbrL(f(YL/ , in the year 2004, before me, a Notary Public, appeared
WILLIAM G. BERG, JR., known o/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 b~WEHrtlI&s;.ity of Meridian.
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CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN
Page 2 of2
February 12, 2004
MERIDIAN CITY COUNCIL MEErING
APPLICANT
February 1 7, 2004
ITEM NO.
SeaGL
REQUEST Resolution - Anti-Displacement and Relocation Assistance Plan
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POUCE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
-{'-fJv-U
tJrr(/ M/V
Otf'/~'
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at publlc meetings shall become property of the City of MeridIan.
RESOLUTION NO. 04- 1-:22-
BY:
.-
u;tlv Ih f- L-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; PROVIDING FOR THE ADOPTION
OF A RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE
PLAN (UNDER SECTION 104(d) OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS AMENDED) FOR THE CITY OF lVIERIDIAN.
WHEREAS, the Mayor and Council have the authority [pursuant to I.C. 9 50-302J to
establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in
addition to the special pmvers therein granted, to maintain the peace, good government and
welfare of the corporation and its trade, commerce and industry; and
WHEREAS, the ~layor and Council have deemed it expedient and in the best interests 01'
the City of Meridian to adopt a policy regarding residential anti-displacement and relocation
assi stance.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAH 0:
1. The City of Meridian will replace all occupied and vacant occupiable low-and-
moderate income dwelling units demolished or converted to a use other than as low/moderate
income housing in connection with an activity assisted with funds provided under the [-lousing
and Community Development Act of 1974, as amended, as described in 24 CRF 570.606(b)
through (g).
2. All replacement housing will be provided within three (3) years after the
commencement of the demolition or conversion. Before entering into a contract committing The
City 0 f Mcridi an to provi de funds for an activity that \vi 11 directly result in demol ition or conversion,
the City will make public by publication in a newspaper of general circulation and submit to the
[Claho Department ofCol11merce the following information in writing:
1. A description of the proposed assisted activity.
2. The location on a map and number of dwelling units by size (number ofbedrool1ls)
that will be demolished or converted to a use other than <1S low/moderatc income
cl we II ings L1ni ts as a direct resu It of the assisted activi ties.
Residential Anti-Displacement and
Relocation Assistance Plan Resolution
Page lof3
3. A time schedule for the commencement and completion of the demolition or
converSiOn.
4. The location on a map and the number of dwelling units by size (number of
bedrooms) that will be provided as replacement dwelling units. lfsuch data is !lot
avai]able at the time of the general submission, the County \:vil] identify the general
location 011 an area map and the approximate number of dwelling units by size and
pro\' i de 111 formati 011 iden ti Fyi ng the spcei fie location and num bel' of dwc Iii ng llnlts by
size as soon as it is available.
5. The source of funding and a time schedule tor the provision of the replacement
dwelling units.
6. The basis for concluding that each replacement d\velling unit will remain a
low/moderate income dwel I ing unit for at least ten (10) years from the elate 0 l' initial
occupancy.
7. Information demonstrating that any proposed replacement of dwelling units with
smaller d V{e]ling Ll nits, e.g., a two-bedroom unit with a 2 0 ne-bedroom unit, is
consistent with the housing needs of lower income households in the jurisdiction.
3. The City of Meridian , (208) 888-4433, is responsible for tracking the replacement of
housing and ensuring it is provided within the required period.
4. The City of Meridian, (208) 888-4433, is responsible for ensuring requirements are
met lar noti lication and provision 0 f relocation assistance, as described in CFR 5 70.606(b) through
(g), to any lower income person displaced by the demolition of any dwelling unit or the conversion
of a low/moderate income dwelli ng uni t to another use ill connect ion wi th an assi sted acti vi ty.
S. Consistent with the goals and objectives of activities assistecluncler the Act, the City
will take the following steps to minimize the displacement of persons from their homes.
1. Coordinate code enforcement with rehabilitation and housing assistance programs.
2. Evaluate housing codes and rehabilitation standards in reinvestment areas to prevent
placing undue financial burden on long-established owners ortenants ofmulti-fami]y
buildings.
3. Stage rehabilitation of apartment units to allow tenants to remain during and after
rehabilitation by working on empty units or buildings first.
4. Establish facilities to house persons who must be relocated temporarily during
rehabi I ilation.
ReSidential Anti-Displacement and
Relocation ASSistance Plan Resolution
Page 201' 3
5. Adopt public policies to identify and mitigate displacement resulting frol11 intensive
public investment in neighborhoods.
6. Adopt policies that provide reasonable protection for tenants faced with conversion
to a condominium or cooperative.
7. To the extent permitted by law, adopt tax assessment policies (such as deferred tax
payment plans) to reduce impact of rap idly increasing assessments on lower income
o\vner-occupants or tenants in revital i zi ng areas.
8 Estab I ish counsel ing centers to provide homeowners and renters with in format ion on
the assistance available to help them remain in their neighborhood in the face or
revi tal izati 011 pressLl res.
6. By passage of this Resolution, the City of Meridian hereby ccrtdlcs it has officially
adopted and hereby publishes said Residential Anti-Displacement and Relocation Assistance Plan.
The City of Meridjan shalIinc1ude one or more of the above to implement the planning far
minimizing the direct and indirect displacement of persons from their homes as a result of an assisted
activity.
NO\V, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
I. EFFECTIVE DATE. This Resolution shall be in full force and effect
immediately upon passage.
PASS.ED BY THE COUNCIL OF THE CITY OF MERfDIAN, IDAHO, this 17~y of
R6rIA-M!J ,2004.
.1J.,
APPROVED BY THE MAYOR OF THE CITY OF MERfDIAN, IDAHO, this 17 day of
;:e6Yueuy ,2004.
ATTEST:
~ SEAL_
William G. Berg, Jr., eit Clerk ~ 7, .& f
L\Wmk\MIMeridwn\lvleridlan 1 5360iv1\Resolullons eiW I '~lSWR4\Anti'Di",p.i) 'blo~ioIlAssistPbl1 Res 0 I 12 04.doe
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Residential Anti-Displacement and -;;;.,".k{ O~ 'f;~ ...',.:::-
Relocation Assistance Plan Resolution .///1/1, UUtrrl , \\\\\\"
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CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
1. the u ndersigncd, do hereby eerti fy:
I. That J am the duly appointed and elected Clerk ol'the City or f\ilemiJan.
a duly incorporated City operating under the Imvs ofthc State of Idaho, \vith its principal of rice at
33 East Idaho, Meridian, Idaho.
2. That as the City Clerk ofthis City I am the custodian of its records and
minutes and do hereby certify that on the /7:t!. day of ,f:ibrua..-...d--' 2004, the following
action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; PROVIDING FOR THE ADOPTION
OF A RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE
PLAN (UNDER SECTION I04(d) OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS AMENDED) FOR THE CITY OF MERIDIAN.
WHEREAS, the Mayor and Coullcll have the authority [pursuant to 1.c. ~ 50-302] to
estab] i sh resol LI ti ons not i nconsistcnt wi th the laws 0 f the state 0 f Idaho as may be expedi ent, in
addition to the spcci,d powers therein granted, to maintain the peace, good government and
we] fare of the corporation and its trade, commerce and industry; and
WHEREAS, the Mayor and COLlncil have deemed it expedient and in the best interests or
the City of Meridian to adopt a policy regarding residential anti-displacement and relocation
assi stance.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF iVIERIDIAN,
IDAHO:
I. The City of Meridian will replace all occupied and vacant occupiable ]ow-and-
moderate income dwelling units demolished or converted to a use other than as low/moderate
income housing in connection with an activity assisted with funds provided under the Housing
and Community Development Act of 1974, as amended, as described in 24 CRF 570.606(b)
through (g).
2. All replacement housing will be provided within three (3) years after the
commencement of the demolition or conversion. Before entering into a contract committing The
CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN
Page I 01'4
City of Meridian to provide funds for an activity that will directly result in demolition or conversion,
the City will make public by publication in a newspaper of general circulation and submit to the
Idaho Department of Commerce the following information in writing:
1. A description of the proposed assisted activity.
J The location on a map and number of d\velling units by size (number ofbedrool11s)
that will be demolished or converted to a use other than as low/moderate income
dwellings units as a direct result oCthe assisted activities.
3. A time schedule for the commencement and completion of the demolition or
conversIOn.
4. The location on a map and the number of dwelling units by size (number of
bed rooms) that wi 11 be provided as rep lacement dwell i ng un its. I r such data is not
aV<li lable at the time of thc general submission, the County will identifY the gener~lI
location on an area map and the approximate Ilumber of dwelling units by si/e and
provide in (onnation identifying the speci fie location and number 0 r dwell ing un i ts by
size as soon as it is available.
5. The source of funding and a time schedule for the provision of the replacement
dwell ing units.
6. The basis for concluding that each replacement dwelling unit will remain a
low/moderate income dwelling unit for at least ten (10) years from the date of initial
occupancy.
7. Information demonstrating that any proposed replacement of dwelling units with
smaller dwelling u ni ts, e.g., a two-bedroom unit with a 2 0 ne-bedroom u ni t, is
consistent with the housing needs of lower incon1e households in the jurisdiction.
3. The City of Meridian, (208) 888-4433, is responsible for tracking the replacement of
housing and ensuring it is provided within the required period.
4. The City of Meridian, (208) 888-4433, is responsible for ensuring requirements are
met for noti fication and provision of relocation assistance, as clesc ri bed in C FR 5 70.606( b) through
(g), to any lower income person displaced by the demolition of any dwell ing unit or the conversion
of a low/moderate income dwelling uni t to another use in connection with an assisted acti vi ty.
5. Consistent with the goals and objecti ves of activities assisted under the Act, the City
will take the following steps to minimize the displacement of persons from their homes.
]. Coordinate code enforcement with rehabilitation and housing assistance programs.
CERTIFICA TE OF CLERK OF THE CITY OF MERIDIAN
Page 2 of 4
2. Evaluate housing codes and rehabilitation standards in reinvestment Jreas to prevent
placing undue financial burden on long-established owners or tenants ofmulti-l~ll1li ly
buildings.
3. Stage rehabilitation of apartment units to allow tenants to remain during and after
rehabilitation by working on empty units or buildings first.
4. Establish facilities to hOLlse persons who must be relocated temporarily during
rehabil itation.
5. Adopt public policies to identify and mitigate displacement resulting from intensive
public investment in neighborhoods.
6. Adopt policies that provide reasonable protection for tenants faced with conversion
to a condom i n ium or cooperative.
7. To the exte;nt permitted by law, adopt tax assessment policies (such as deferred tax
payment plans) to reduce impact of rapidly increasing assessments on lower income
owner-occupants or tenants in revitalizing areas.
8. ESlab I ish co u nsel ing centers to pro vide homeowners and renters \vi th in Corm ati on on
the assistance available to help them remain in their neighborhood in the I~lce 01'
revitalization pressures.
6. By passage of this Resolution, the City of Meridian hereby certifies it hns officially
adopted and hereby publishes said Residential Anti-Displacement and Relocation Assistance Plan.
The City of Meridian shall include one or more of the above to implement the planning for
minimizing the direct and indirect displacement of persons from their homes as a result of an assisted
activity.
NOW, THEREFORE, BE IT RESOLVED BYTHE MAYOR AND CITY COUNCIL
as follows:
I. EFFECTIVE DATE. This Resolution shall be in full force and effect
immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this I 7 I!- day of
Lhf~'1- ,2004.
CERTlFICA TE OF CLERK OF THE CITY OF MERIDIAN
Page 3 of 4
STATE OF IDAHO,
APPROVED BY THE MA YOR OF THE CITY OF MERIDIAN, IDAHO, this / 7~day of
kpr<<'-'~;J- ,2004. \\\1\1\l1l1l11t/l1f!
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William G. Berg, Jr.
ss
County of Ada,
On this n+k day of 1ebnv."...1 ' in the year 2004, before me, 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 011 behalf of the City of Meridian.
(SEAL)
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tary ublic for Idaho
omJ ission Expires:~ /;::2.0/07
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CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN
rage 4 of4
(
February 12, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
February 17,2004
ITEM NO.
s-~
REQUEST Resolution - Citizen Participation Plan
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
!rJ../
~ttA'V~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
RESOLUTION NO. 04- 1J 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; PROVIDING FOR
THE ADOPTION OF THE IDAHO COMMUNITY DEVELOPMENT BLOCK
GRANT(ICDBG) CITIZEN PARTICIPATION PLAN FOR THE CITY OF
[VIERIDIAN.
WHEREAS, the Mayor and Council have the authority [pursuant to LC. 9 50-
302] to establish resolutions not inconsistent with the laws of the state ofIclaho as may be
expedient, in addition to the special powers therein granted, to maintain the peace, good
govcrIlmcn t and \vell~\re 0 r the corporati on and its trade, COnlll1el'CC and i Ild LIst ry; ami
\VHEREAS, the Mayor and COllncil have deemed it expedient and in the best
interests of the City of Meridian to adopt citizen participation in connection with Idaho
Community Displacerilent Block Grants for the City of Meridian.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
1. Pursuant to citizen participation requirements for ICDBG pal.ticipants, the City
0" Merid ian certi fies the following acti vities wi II be completed. Grantees shall:
I. Provide for and encourage citizen participation, particularly for low and
moderate income persons who reside in slum or blighted areas and areas in
which ICDBG funds are proposed to be used.
2. Provide technical assistance to groups representative of low and moderate
income persons that request assistance in developing proposals in
accordance with procedures developed by the department. Such assistancc
need not include providing Cunds to sllch groups.
This process shall include:
A. Reasonable and timely access to local meetings, information and
records pertaining to the local governments proposed and actual use or
ICDBG funds;
B. A minimum of two (2) public hearings, each at a differcnt stagc or
the program, for the purpose of obtaining citizen's views.
The first public hearing shall include a description of the proposed project,
scope of work, budget, schedule, location, beneficiaries, and objectives.
Idaho Community Development Block Grant (lCDBG)
Citizen Participation Plan
Page 1 of 4
Any earned program income mLlst also be noted, The application, related
documents, and the Application Handbook shall be available for citizens
to review.
The second public hearing on the status of funded actlVltles, shall at a
minimum, include: a review of project activities and accomplishments to
date, a general description ofremaining work, and a general description of
changes made to the TCDBG project scope of work, budget, schedule,
location or beneficiaries.
Public hearings shall be conducted at times and I ocatiolls convenient to
potential and actual beneficiaries. Public hearings shall be advertised in a
local newspaper no less than seven (7) twenty-four (24) hour days prior to
the hearing date. If there is no local newspaper, public notiflcation will
occur through some other method where there is wide distribution to
citizens within the project area. This method mllst be approved by the
community development staff.
A cop'y of the publication and/or affidavit of publication shall be
submitted to the department. The notice should identify all oCtile topics to
be addressed in the public hearing including the assurances that hearings
shall be held in facilities that are accessible to all citizens and that
alternative formats shall be available to persons with disabilities where
practicable, and with advance notice to the unit of local government.
Citizens shall also be notified they will be given the opportunity to
COlllment orally or in writing within five (5) twenty four (24) hOLlr days of
the hearing. Special accommodations shall be available for persons with
disabilities who may wish to comment within the five (5) day period.
Public hearings shall be conducted in a manner to meet the needs of non-
English speaking residents where a significant number of non-English
speaking residents can be expected to participate.
2. Local citizen participation records which shall be made available to the state
and loca I citizens shall include: A copy of the publ ic notice and/or a ffidavit of publ ication
which describes proposed or actual project activities, scope of work, location., budget,
schedule. objectives, and beneficiaries. Notices shall also contain the accessible criteria
for persons with disabilities.
3. Public hearing procedures shall also be used in the event leDGG project
activltles were added, deleted or substantially changed from the application.
Substantially changed means changes made in terms of purpose, scope, location or
beneficiaries as defined by the ICDBG program.
Idaho Comlllunity Development Block Grant (ICDBG)
Citizen Participation Plan
Page 2 of 4
4. Citizens attending public hearings must be provided with the name and address
of: a )The p erson(s) authorized tor ecei ve and I' espond toe itizens proposals, questions,
and complaints conceming proposed or funded activities and b)The person(s) that will be
available to provide technical assistance to groups representative of persons of low and
moderatc income and have questions or concems regarding the use of ICDBG funds.
5. Local staff' shall be trained to provide citizens with complaint procedures.
These procedures shall provide citizens with the opportunity to protest project activities
or related issues. A written complaint or grievance is formal notification or a concern,
allegation or protest to a proper authority. A formal complaint will bc considered tiled at
the time it is delivered to the appropriate authority's office.
6. In order to fi Ie a complaint, citizens mllst provide enough information to
permit an investigation. The complaint should be clear and concise and include:
A. Identification of the project, project location, and program activities.
B. Reason for t be complaint (hearsay and innuendo will not bee onsiclered
valid). -
C. Sufficient data to substantiate any claims or charges. If possible,
supporting documentation should be included.
D. If desired, citizens may propose a solution to the problem.
If the complaint is directed at local activities or project implementation,
complaints and grievances shall first be filed with the appropriute elected official.
]f this is the case, grantees shall be required to notify the department of the
complaint. A copy of the response shall also be submitted to the department.
Every attempt shall be made to respond to citizens with fifteen (15) days where
practicable.
7. If the citizen feels the response from the local jurisdiction is unsatisfactory, he
or she may appeal to the department for resolution. Additional information may be
requested by the department at that time. Every effort will be made by the department to
provide a fll II response within thirty (30) days.
8. If valid and sufficient data has been provided to substantiate the complaint, an
investigation will be conducted. The extent of an investigation depends on the scope and
depth of the issues involved. Some investigations may include examining a set of
circumstances, others may involve examining local policies and practices.
9. If the complaint is more appropriately directed toward ICDBG program
activities, the same procedure will be followed except all communications are between
the state and the complainant.
[claho Community Development Block Grant (rCDBG)
Citizen Participation Plan
Page 3 of 4
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. EFFECTIVE DATE. This Resolution shall bein full forceancl efreet
i I11l11ecl i ately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of ;:t?6ruCf/l.!j ,2004
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of nl/r?(t:V1.~ ,2004.
17ft.
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ATTEST:
SEAL
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04 doc
Idaho Commulllty Development Block Grant (lCDBG)
Citizell Participation Plan
Page 4 of 4
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian,
a duly incorporated City operating under the laws of the State ofIdaho, with its principal office at
33 East Idaho, M eri d i an, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and
minutes and do hereby certi fy that on the /7 ~ day of /it6r(A.P.A.~ 2004, the foHowing
action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; PROVIDING FOR THE ADOPTION
OF THE IDAHO COMMUNITY DEVELOPMENT BLOCK GRANT(lCDBG) CITIZEN
PARTICIPATION PLAN FOR THE CITY OF iVIERJDIAN.
WHEREAS, the Mayor and Council have the authority [pursuanlto l.c. ~ 50-302] to
establish resolutions not inconsistent with the laws of the state of Iclaho as may be expcdicnt, in
addition to the special powers therein granted, to maintain the peace, good government and
welfare of the corporation and its trade, commerce and industry; and
WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of
the City of Meridian to adopt citizen palticipation in connection with Idaho Community
Displacement Block Grants for the City of Meridian.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
1. Pursuant to citizen participation requirements for ICDBG participants, the City of
Meridian certifies the following activities will be completed. Grantees shall:
I. Provide Cor and encourage citizen participation, particularly for low Hnclmoclcratc
income persons \vho reside in slum or blighted arcas and areas in which ICDBG
funds are proposed to be used.
2. Provide technical assistance to groups representative of low and moderate income
CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN
Pagelof4
(.
I,
persons that request assistance in developing proposals in accordance with
procedures developed by the department. Such assistance need not include providing
fu nds to such groups.
This process shall include:
A. Reasonable and tlmely access to ]ocal meetings, information and records
pertaining to the ]ocal governments proposed and actual use of ICDBG funds;
B. A minimum of two (2) public hearings, each a tad iffercnt stage 0 rt he
program, for the purpose of obtainlng citizen's views.
The first public hearing shall include a description of the proposed project, scope of
work, budget, schedule, location, beneficiaries, and objectives. Any earned program
income must also be noted. The application, related documents, and the Aoo/icufiol/
Handbook shall be available for citizens to review.
The second public hearing on the status of funded activities, shall at a minimum,
include: a review of project activities and accomplishments to date, a general
description of remaining work, and a general description of changes made to the
ICDBG project scope of work, budget, schedule, location or beneficiaries.
Public hearings shall be conducted at times and 10c,Itions convenient to potentia] and
actual beneficiaries. Public hearings shall be advertised in a local newspaper no less
than seven (7) twenty- four (24) hour days prior to the hearing date. If there is no
local newspaper, public notification will occur through some other method where
there is wide distribution to citizens within the project area. This method must be
approved by the community development staff.
A copy of the publication and/or affidavil of publicalion shall be submilledlo the
department. The notice should identify all of the topics to be addressed in the public
hearing inc]udlng the assurances that hearings shal] be held in facilities that arc
accessible to all citizens and that alternative formats shall be available to persons
with disabilities where practicable, and with advance notice to the unit of loca]
government.
Citizens shall also be notified they will be given the opportunity to comment orally or
in writing within five (5) twenty four (24) hour days of the bearing. Special
accommodations shall be available for persons with disabilities who may wish to
comment within the five (5) day period.
Public hearings shall be conducted in a manner to meet the needs of non-English
speak i ng residents where a signi ficant number 0 f non-English speaking residents can
CERTrFICATE OF CLERK OF THE CITY OF MERIDIAN
PJge 2 of4
be expected to participate.
) Local citizen participation records which shall be made available to the state and local
citizens shall include: A copy of the public notice and/or affidavit of publication which describes
proposed or actual project activities, scope of work, location., budget, schedule, objectives, and
beneficiaries. Notices shall also contain the accessible criteria for persons with disabilities.
3. Public hearing procedures shall also be used in the event ICDBG project activities were
added, deleted or substantially changed from the application. Substantially changed means changes
made in terms of purpose, scope, location or beneficiaries as defined by the ICDBG program.
4. Citizens attending public hearings must be provided with the name and address of: a)The
pcrson(s) authorized to receive and respond to citizens proposals, questions, and complaints
concern i ng proposed or funded acti viti es and b )The person( s) that wi 11 be a vai lable to provide
technical assistance to groups representative of persons of low and moderate income and have
questions or concerns regarding the use of ICDBG funds.
5. Local staff sh,all be trained to provide citizens with complaint proceclures. These
procedures shall provide citizens with the opportunity to protest project activities or related issues.
A written complaint or grievance is formal notification of a concern, allegation or protest to a proper
authority. A formal complaint will be considered filed at the time it is delivered to the appropriate
authority's 0 ffi ceo
6. In order to file a complaint, citizens must provide enough information to permit an
investigation. The complaint should be clear and concise and include:
A. Identification of the project, project location, and program activities.
B. Reason for the complaint (hearsay and innuendo will not be considered valid).
C. Sufficient data to substantiate any claims or charges. If possible, supporting
documentation should be included.
D. I C desired, citizens may propose a solution to the problem.
If the complaint is directed at local activities or project implementation, complaints and
grievances shall first be filed with the appropriate elected official. If this is the case, grantees
shall be required to notify the department of the complaint. A copy of the response shall also
be submitted to the department. Every attempt shall be made to respond to citizens \vith
fifteen (15) days where practicable.
7. I fthe citizen feels the response from the local jurisdiction is unsatisfactory, he or she may
appeal to the department for resolution. Additional information may be requested by the department
CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN
Page 3 of 4
at that time. Every effort will be made by the department to provide a full response within thirty (30)
days,
8, Ie valid and surricicnt data has been provided to substantiate the complaint, an
investigation will be conducted. The extent of an investigation depends on the scope and depth 01'
the issues in va I ved. Some investigations may i nc lude exam i n i ng a set 0 r ci rcumstanccs. others may
involve examining local policies and practices.
9. If the complaint is more appropriately directed toward lCDBG program activities, the
same procedure will be followed except all communications are between the state and the
complainant.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
as follows:
1. EFFECTIVE DATE.
ss
This Resolution shall be in full force and effect il1lm~\\~~4(f/IYIJI
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upon passage.
STATE OF IDAHO,
County of Ada,
On this l7-fk day of -:::f--ehrlA.t{V'l/, in the year 2004, before me, a Notary Public, appeared
WILLIAM G. BERG, JR., known or icfentified 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 ofMericlian.
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CERTlr!CA TE OF CLERK OF THE CITY OF MERIDIAN
Page 4 of4
February 12, 2004
MERIDIAN CITY COUNCIL MEEfING
APPLICANT
February 17,2004
ITEM NO.
s-s
REQUEST Resolution - Non-Discrimination on the Basis of Disability
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:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
~ .
t~ o~/'A'1k
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become properly of the City of Meridian.
RESOLUTION NO. 04- 1-Z-4-
BY:
f:1vfk Ih)-cf-.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; PROVIDING FOR
THE ADOPTION OFTHE POLICE REGARDING NON-DISCRIIVlINATION ON
THE BASIS OF DISABI LlTY FOR TI-IE CITY OF MERIDIAN.
WHEREAS, the Mayor and Council have the authority [pursuant to I.c. * 50-
302] to establish resolutions not inconsistent with the laws of the state of Idaho as Illay be
expedient, in addition to the special powers therein granted, to maintain the peace, good
government and welfare of the corporation and its trade, commerce and industry; and
WHEREAS, the Mayor and Council have deemed it expedient and in the best
interests of the City of Meridian to adopt a Policy Regarding Non-Discrimination On The
Basis Of Disability. -
WHEREAS, the Congress of the United States has passed Section 504 of the
Rehabilitation Act of 1973 which requires that "No otherwise qualified individual with
handicaps ill the United States...shall, solely on the basis of his or her handicap, be
excluded from participation in, be denied the benefits of, or be subject to discrimination
under any program or activity receiving federal financial assistance"; and,
WHEREAS, the City of Meridian is applying for an Idaho Community
Development Block Grant and is required to comply with Section 504 of the
Rehabilitation Act of 1973; and,
\VHEREAS, the failure to comply with the terms and conditions of Section 504
of the Rehabilitation Act may cause the City to lose its grant or eligibility for future
grants;
NOW, THEREFORE, BE IT RESOLVED BY 'fHE MA '{OR AND CITY
COUNCIL as 1'ollO\vs:
I. It is the policy of the City that all programs and activities sh,Ill be
accessible to, and usable by qualified persons with disabilities.
2. That the City shall undertake an evaluation conducted in consultation with
citizen groups involving persons with disabilities, of its programs, policies,
procedures and facilities in order to determine those areas where discrimination
may occur.
(
3. The City shall, upon completion of said evaluation, make such revisions,
modifications, or other changes so as to fully comply with the letter and intent of
Section 504.
4. Further, the City shall, where building modifications are required, develop
and implement a transition plan for the timely elimination of structural barriers to
citizens with disabilities.
5. Citizens may contact Wi Iliam G. Berg, Jr. at (208) 888-4433, 33 E. Idaho
Avenue, Meridian, I D 83642 for assistance to a nswer questions regarding this
policy.
6. EFFECTIVE DATE: This Resolution shall be in full force and drecl
immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
/711:::- day of R fFYu/AA-!J ' 2004.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
/71];. day of a IJrucvz;j- ,2004.
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CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
T, the undersigned, do hereby certify:
1. That r am the duly appointed and elected Clerk of the City of Meridian,
a dul y incorporated Ci ty operating under the laws of the State 0 f Iclaho, wi th its Ixincipal 0 ffi ce at
33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this C~ I am the custodian of its records and
minutes and do hereby certify that on the /7 - day of a #rt<. 0.,1-1 ' 2004, the following
action has been taken and 8uthorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINJ)INGS AND PURPOSES; PROVIDING FOR THE ADOPTION
OF THE POLICE REGARDING NON-DISCRIMINATION ON THE BASIS OF
DISABILITY FOR THE CITY OF MERIDIAN.
\VHEREAS, the Mayor and Council have the authority [pursuant to r.c. ~ 50-302] to
estab I ish reso I utions not inconsistent wi th the laws of the state 0 C I cbho as may be exped i ent, in
addition to the special pO'vvers therein granted, to maintain the peace. good government and
wel Llre 0 f the corporati on and its trade, commerce and ind ustry; and
WHEREAS, the Mayor and Council have deemed it expedient and in the bcst interests or
the City of Meridian to adopt a Policy Regarding Non-Discrimination On The Basis Of
Disability.
WHEREAS, the Congress of the United States has passed Section 504 of the
Rehabilitation Act of 1973 which requires that "No otherwise qualified individual with handicaps
in the United States...shall, solely on the basis of his or her handicap, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program or
acti vi ty recei vi ng federal financial assistance"; and,
WHEREAS, the City of Meridian is applying for an Idaho Community Development Block
Grant and is required to comply with Section 504 of the Rehabilitation Act of 1973; and,
WH EREAS. the fai lure to comply with the terms and conditions of Section 504 or the
Rehabi litalion Act may cause the City to lose its grant or eligibility for futurc grants;
CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN
Page I 01'2
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
as follows:
I. It is the policy of the City that all programs and activities shall be accessible to, and
usablc by qualified persons with disabilities.
2. That the City shall undertake an evaluation conducted in consultation with citizen
groups involving persons \vith disabilities, of its programs, policies, procedures and facilities in order
to determine those arcas where discrimination may occur.
3. The City shall, upon completion of said evaluation, make sLlch reVISions.
modi tications, or other changes so as to ['ully comply with the letter and intent 0[' Section 504.
4.
implement
disabilities.
Further, the City shall, \:vhere building modifications are required, develop nnd
a transi lion plan for the timely elimination of structural barri ers to ci ti zens wi t 11
S. Citizens l11flY contact William G. Berg, Jr. at (208) 888-4433,33 E. Idaho Avenuc,
Meridian,ID 83642 for assistance to answer questions regarding this policy.
6. EFFECTIVE DATE:
55
upon passage.
STATE OF JDAHO,
County of Ada.
On this Ir d8Y of :f-eh~~!.L.-.' in the year 2004, before me, a Notary Public, appc8recl
WILLIAM G. BERG, JR., known ortfdentified to me to be the City Clerk of the City of
Meridian, Idaho, tbat executed the said instrument, and acknowledged to me that he executed the
same on behal f of the City of Meridian.
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CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN
Page 2 of 2
COi\IBINED NOTICE OF HEARING
ON NONDISCRIMINATION & GRIEVANCE PROCEDURES
NOTICE IS 2EREBY GIVEN THAT the Meridian City COLlnc.il .has s~hcduled^><~h:aring on
the 17-/;..- day of e--rk.Ct./t... ,2004 at Menchan City Hall,,),) East Idaho
Avenue, Meridian, Idaho, for Nondiscrimil tion and Grievance Procedures.
As required by Section 504 of the Rehabilitation Act (as amended) and the Americans with
Disabilities Act (ADA), the City of Meridian has adopted by resolution a policy regarding
NONDrSCRIMINA TION ON THE BASIS OF DISABILITY.
The City of Meridian does not discriminate on the basis or disability in the admission to, access
to, or operations 0 r programs, servi ces, or acti vi ties.
Qualified individuals who need accessible communication aids and services or other
nccommoc!ations to participate in programs and activities are invited to make your needs and
preferences knowll to the 504/ ADA Coordinator. Please give LIS at least a three to five day
advance notice so we cnn adequately meet your needs.
An i ntenla I grievance procedure is avai lab Ie [0 resolve cOlllplai nts. Questions. concerns, or
requests for adclitional information regarcling S04/ADA should be forwarded to:
504/ADA Coordinators Name: William G. Berg, .Ir.
Title: William G. Berg, Jr., City Clerk
Address: 33 E. Idaho Avenue
Meridian, ID 83642
Phone Number: 208-888-4433 (Voice)
(TDD)
Days and Hours Available: Monday-Friday, 9-5 pm.
Upon request this notice is available in alternative formats (for example, large print, or audio
tape) frol11 the 504/ ADA Coordinator.
The public is welcome to attend.
DATED thiS /7 ~ day or N bfu1fvlPj2004.
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COMBrNED NOTICE OF HEARING ON
NONDISCRIIVIlNA nON AND GRIEVANCE PROCEDURES
PAGE 1 OF 1
" .,. ,.
February 12, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT Mayor's Office
Department Reports
February 1 7, 2004
ITEM NO. ~.. \
REQUEST Appointment of P&Z Commissioner
AGENCY COMMENTS
CITY CLERK: See attached
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
,btl~
/ ~v,ultf
~r, ~gvJV
IJ1l ffin/~ a-
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
1686 W Lowry
Meridian, ID 83642
208-887.2117
whuckabay@eccolink.com
Wendy Newton..Huckabay
Summary of
Qualifications
Experience
Education
other Experience
and Activities
I am a dependable and energetic citizen. J take pride in my work; enjoy
problem solving and the satisfaction of being productive. J am a self-
motivated and organized team player. I am committed to continuous
improvement in all tasks and job duties assigned. My determination to
provide value adding services is reflected not only in my past
accomplishments at ECCO, but also in my continued pursuit of my
bachelor's degree in Accounting.
j
1
i
,
"
(
,
I
!
J
l
1
I
!
1999-Present
Credit Manager
II Manage and perform daily Accounts Receivable functions
II Various accounting and reporting tasks
II Manage companies' credit risk and compliance with credit policy
II Training of collectors and sales department
II Manage compliance with laws and regulations related to collections
and bankruptcy
II Project management for continuous improvement and automation
projects
II Represent Accounting Department on companies Co-op team
(analysis and process improvement team encompassing all
departments and functions)
ECCO-Electronic Controls Co.
Boise, 10
1993-1999 Meadow Gold Dairy Boise, 10
Supervisor I Accounts Receivable
II Supervise Route Accounting and Customer Service staff
II Preformed all daily Accounts Receivable functions
II Various accounting and reporting functions
II Implemented and maintained records retention policy and program
(Additional work history available on request.)
1996-Present Boise State University Boise, 10
II A.S. - Science - 2001
II Senior - Pursuing Bachelor of Business Administration in Accounting -
Graduating May 2004
Offices and volunteer positions held: Secretary; Board of Directors for
MGD Employees Federal Credit Union - Treasurer; local chapter of
Credit Professionals International - Member; International Credit
Association - Parent volunteer; Girl Scouts of America - Coach;
Challenger Little League - Assistant Treasurer; local den, Boy Scouts of
America
February 12, 2004
MERIDIAN CITY COUNCil MEETING
APPLICANT The land Group, Inc.
.
AZ 03-030
February 17, 2004
ITEM NO.
If
REQUEST Ordinance - Request for Annexation and Zoning of 2.8 acres from R-6 to L-0 and C-G
zones for proposed Southern Springs Subdivision No.2 - south of East Overland Road and east of
South Meridian Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Ordin
~ {}ht'
~ 1/94'/1
-/
VG
(Jf
Contacted:
Emailed:
Date:
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
Phone:
WHITE PETERSON
WI'IlTE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEVIN F. DINIl,S
.It'llI' KLI.IN FISCIIER
1\\1 I' (jl';R.\\ 1JI
I (,1\ IlAIL\\I'
JILL HOLlNKA
JiLl. I-IOI.INKA
D S,\.\ll.!EI..1 OllNSON
\\'1l..L1,\\1 il. ~"IORRO\\
WilLI.'" J; "'IClIOCS'
CHI{ISTOPl-lEIC S. N....'E
PH IUP A PETERSON
ERIC\ S. P HlLI.!!'S
ERIC S 1l0SS~"\~
TODD A. ROSS.\IAN
TElmEN(E R. WillIE"
NICIIOL-\S L. IVOI.teN
ATTORNEYS XI LA IV
NAMPA OFFICE
5700 I' FR."\"KII" I~"
SCIT r ~oo
N)\;\II',I. IDMIO ~J(;,3.~~";
TEL. (20~) ~6(J.')n;
h\X (20S) ~('6-~4li5
5700 L l'R,'\NKL '" R IL
SunE 200
NAMI'A, IDAI-IO ~3i>53-~~02
hI. (208) ~(,i>.9272
FAX (208) ~66-~~05
I'LEI\S!: REPI.Y TO
NMvll'A 01'1'1\[
" \b" ;,JlIlill,.J III OR
P ,.\L'ili aJ.lllith,:d ill \\l.\
J an uary 28, 2004
William G. Berg, .II'.
City of Meridian
33 E. ldaho
Meridian, Idaho 83642
Re: Ordinance No. 04- , (PARTICK THACKER AND JUDl
THACKER) Summary of Publication
Dear Will:
Pursuant to the direction of the Meridian City Council, this office has prepared a
summarization of the ordinance providing for an annexation and zoning ordinance for Patrick
Thacker and Judi Thacker pursuant to the City's action. I do hereby advise the City, and make this
statement, that said summary is true and complete and provides adequate notice to the public of the
provisions of said ordinance.
You are hereby directed to file this statement with the ordinance, pursuant to the
provisions of Idaho Code ~ 50-90 I (A).
Very truly YOUI'S,
Wm. F. Nichols
Enclosure
l:\WtlrkliVl\Mcl'ldian\Mcndian 1 5360M\SoulhCrl1 Spnngs Sub No.2 1\2.03.030 1'1'.()J.036'lkrg Slim Or,ILir 01 2K lie! dill:
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 02/27/04 09:59 AM
DEPUTY Bonnie Oberbillig
RECORDED -REQUEST OF
Meridian City
AMOUNT ,00
5
11I111111I11111I111111111I [111111I111
104022057
CITY OF MERIDIAN
ORDINANCE NO. 04- I rtJ64-
AN ORDINANCE FINDING THAT, PATRICK THACKER AND JUD~I-1AC[(ER. THE.
OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATE EAST OF THE
SOUTHEAST CORNER-OF OVERLAND ROAD AND SH69/MERIDIAN OAD, MERIDIAN.
IDAHO, TO BE KNOWN AS SOUTHERN SPRINGS SUBDIVISION NO. 2-AND WHICH LIES
CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN.
COUNTY OF ADA, STATE OF LDAI-IO; HAVE MADE A REQUEST FOR ANNEXATION IN
WRITING TO THE COUNCIL; AND THAT SAID LAND BE A1\TNEXED TO THE CITY OF
MERIDIAN AND ZONING DESIGNATED LIMITED OFFICE DISTRICT (L-O) AND GENERAL
RETAIL AND SERVICE COMMERCIAL (C-G), AND DECLARING THAT SAID LAND, BY
PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND
DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF
TI-IE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF
MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF TI-IE 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 0 F
IvlERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the follOWing described land lS contiguous and adjacent to
the City of Meridian, Idaho, and that the City of Meridian has received a written request tor
annexation to the City of Meridian, Idaho, by the owners 0 f said Property, to-WIt:
ANNEXA TrON AND ZONING ORDINANCE (AZ.03-030)
PAGE I OF 5
LEGAL DESCRIPTION
L-O
A parcel ofland for the purpose of rezone located in a portion of the NW Vi of the NW ~ of
Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and described as
follows:
Commencing at an aluminum cap monument marking the SW corner of said NW ~ ; thence
along the West line of said NW ~ NOoo37'52" E a distance of2649.85 feet to a brass cap monument
lll<1rking the NW corner of said NW 1/., thence le<1ving said West line and along the North line of said
NW III of the NW III N89043'52" E <1 dist<1nce 01'433.42 feet to the POINT OF BEG]NNING;
Thence continuing along said North line N89043 '52" E a distance of 112.19 feet to a point;
Thence leaving said North line and along the westerly line of Country Terrace Subdivisions
Number 1 and 2 as recorded in Book 42, at Pages 3433 ancl 3434 and Book 42 at Pages 4328 and
4329, respectively S02059'51" E a distance of497.46 feet to a point;
Thence leaving said westerly line S89043'52" W a distance of210.42 feet to a point on the
centerline ofTen Mile Creek;
Thence along said centerline Nl r38'40" W a distance of 157.74 feet to a point;
Thence leaving said centerline N72021 '20" E a distance of 68.69 feet to a point;
Thence along the arc of a curve to the left having a radius of 80.00 feet: a dist<1nce of 101.40
feet, a central angle 01'72037'28", and a chord bearing N36002'36" E a distance of94.75 feet to a
point;
Thence NOoo16'08" W a distance of249.49 feet to the POINT OF BEGINNING.
ANNEXATION AND ZONING ORDINANCE (AZ-03-030)
PAGE 2 OF 5
Said parcel contains 1.82 acres more or less and is subject to all existing easements and
rights-of-ways of record or implied.
LEGAL DESCRIPTION
C-G
A parcel of land for the purpose ofrezolle located ill a portion of tile NW 'II of the N\V ~/-l of
Section 19, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho and described as
follows:
Commencing at an aluminum cap monument marking the SW comer of said NW 14, thence
along the West line of said NW % NOo037'52" E a distance of2649.85 feet to a brass cap monument
marking the NW corner of said NW %, thence leaving said West line and along the North line of
said NW 14 oCthe NWI/4 N89043'52" E a distance of217.46 feet to the POINT OF BEGINNING;
Thence continuing along said North line N89043'52" E a distance of215.96 feet to a point;
Thence leaving said NOI.th line SOooI6'08" E a distance of249.49 feet to a point;
Thence a long the arc 0 f a curve to the right havi ng a r(}c! i us 0 f 80.00 feet, a distance 0 f 101 .40
feet, a central angle of72037'28", and a chord bearing S36002'36" W a distance of94.75 leet to a
point;
Thence S72021 '20" W a distance of68.69 feet to a point on the centerline ofTen Mile Creek;
Thence along said centerline N17038'40" W a distance of315.76 feet to a point on the
southerly right-of-way of Overland Road;
Thence NOooI6'08" W a distance of 45.00 feet to the POINT OF BEGINNING.
ANNEXATION AND ZONING ORDINANCE (AZ-03-030)
PAGE 3 OF 5
Said pm-ce] contains 1.32 acres more or less and is subject to all existing easements and
rights-of-ways of record or implied.
SECTION 2: That the above-described real property be, and the same is hereby annexed and
made a part of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real propeliy herein by this ordinance annexed to the City of Meridian
hereinabove described shall be zoned Limited Office District (L-O) and General Retail and Service
Commercial (C-G).
SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as wel]
as the official zoning maps, comprehensive plan and al] official maps depicting the boundaries of the
City of Meridian in accordance with this ordinance.
SECTION 5: All ordinances, resolutions, orders or parts thercof in eonniet herewith arc
hereby repealed, rescinded and annulled.
SECTION 6: This ordinance shall be in fuB 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 of Idaho, to-wit:
the Recorder, Auditor, Treasurer and Assessor and shall a Iso fi Ie Sl rnu I taneOllS 1 y a ccrt i Ii cd copy 0 I'
this ordinance and map with the State Tax Commission or the State of Idaho, all in compliance with
Idaho Code 963-2215 and 950-223.
ANNEXATION AND ZONING ORDINANCE (AZ-03-030)
PAGE 4 OF 5
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 17.f.!::. day of
!Z6ruartJ ' 2004.
7,fA
APPROVED BY THE !VIA YOR OF THE CITY OF [VrERIDIAN, IDAHO, this I -- day of
r;e 1!-ruCV?:J ' 2004.
"II I tit II/UI1
ATTEST ", .- AJ;!:" II
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First Readll1u'.?- C/ r ';...." 'VUe. "0 ::
O' "';. J(!) .., r S\. .;z:. '"
Adopted after first reading by ~e!lt~J. Thth\..iS allowed pursuant to Idaho Code 50-
. II, "'DU..t"nJ'T'\V'~~
902 Yes: 1I111I l'ONd,,\\\\'
. _ l{iHlll ntH'
Second ReadlJ1g:
Third Reading:
STA TE OF IDAHO,)
: 55.
County of Ada
On this i7fh.day of U;r/.{t:l~' 2004, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMM . de WEERD and WILLIAM G. BERG, .lR.. known
to me to be the Mayor and City Clerk, respectively, of the CrTY of Meridian, Idaho, and who executed the
within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WlT~~t!'{llH..re~OF, I have hereunto set my hand and afflxedmy oiTicial seal the day
&'+~ l..C"6 {;.'SA_ ##
and year first above \~n~l'. ....... <'7./';. '....
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF lVIERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Commission of the State ofIdaho
I, WILUAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of
Id<ll1o, do hereby certi fy that the attached copy of Ord inance No. 04- (IJ 61- , passed by the
City COllncil of the City of Meridian, on the / 7~ day of ra/iA., 2004, is a true and
con-ect copy of the original ofs8id document which is in the care, custod and control of the City
Clerk of the City of Meridian.
ST ATE OF IDAHO, )
ss.
County of Ada, )
On this 17ft.-.. day of '::fehriAqr;t, in the ye8r ~OO 'I ,before me,
~IA. k €.. L - S:....... ;-l-/....... , a Notary Public, appeared WILUAM
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 behalfofthe
City of Meridian.
(SEAL)
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CERTIFICATJON OF THE CITY CLERK OF THE CITY OF MERIDIAN
AZ-03-030
PAGE] OF I
NOTTCE AND PUBLISHED SUMMARY
OF ORDINANCE IlURSUANT TO I.C. g 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 04-1 ()64-
PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE
An Ordinance oCthe City of Meridian granting annexation and 70nlllg Cor land owned by Patnck
Thacker and .Iudi Thacker, to be known as Southern Springs Subdivision No. 2. consisting or 2.8
acres and commonly located east of the southeast corner of Overland Road and Sl169/tvlcridlan
Road, Meridian, Idaho, With a zoning designatIon or L-O Limited Ornce and C-U Gcncral Retail
and Service Commercial; and providing for effect of invalidity: providing that all ordinances and
resolutions in conflict are repealed and rescinded; and providing an effective date.
LEGAL DESCRII1TION FOR SOUTHERJ.'\f SPRINGS SUBDIVISION NO.2
L-O
A parcel of land for the purpose of rezone located in a portion 0 f the NW 111 of the
NW 1':1 of Section 19, Township 3 North, Range 1 East, Borse Meridian, Ada County,
Idaho and described as follows:
Commencing at an aluminum cap monument marking the SW corner of said NW
~ ; thence along the West line of said NW Y1 NOo037'52" E a distance of2649.85 feet to
a brass cap monument marking the NW corner of said NW ~, thence leaving said West
line and along the North line of said NW Y1 of the NW ~ N89043'52" E a distance of
433.42 feet to the POINT OF BEGINNING;
Thence continuing along said North line N89043'52" E a distance of 112.19 feet
to a point;
Thence leaving said North line and along the westerly line of Country Terrace
Subdivisions Number I and 2 as recorded in Book 42, at Pages 3433 and 3434 and Book
42 at Pages 4328 and 4329, respectively S02059'51" E a distance of 497.46 Icet LO a
point;
Thence leaving said westerly line S89043'52" W a distance of210.42 feet to a
point on the centerline of Ten Mile Creek;
Thence along said centerline NI7038'40" W a distance of 157.74 feet to a point;
Thence leaving said centerline N72021 '20" E a distance of 68.69 feet to a point;
Thence along the arc ofa curve to the left having a radius of80.00 feet; a distance
of 101.40 feet, a central angle 01'72037'28", and a chord bearing N36002'36" E a
distance of94.75 feet to a point;
Thence NOQo16'08" W a distance of249.49 feet to the POINT OF BEGINNING.
Said parcel contains 1.82 acres more or less and is subject to all existing
easements ancl rights-of-ways of record or implied.
C-G
A parcel of land for the purpose of rezone located in a portion of the NW !:l of the
NW ~ of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho and described as follows:
Commencing at an a]uminum cap monument marking the SW corner of said NW
~, thence along the West line of said NW ~ NOo037'52" E a distance of2649.85 feet to a
brass cap monument marking the NW corner of said NW ~, thence leaving said West
line and along the North 1 ine of said NW ~ of the NW 1/4 N89043' 52" E a distance of
217.46 feet to the POINT OF BEGINNING;
Thence continuing along said North line N89043'52" E a distance of215.96 feet
to a poi nt;
Thence leaving said North line SOOO] 6'08" E a distance of249.49 feet to a point;
Thence along the arc ofa curve to the right having a rndius of80.00 feet, a
distance 0 fin 1.40 feet, a centra I nngle 0 f 72037' 28", nnd a chord beari ng 336002' 36" W
a distnnce of94.75 feet to a point;
Thence 3 7r.2 I '20" W a distance of 68.69 feet to a poi nt on the centerl i ne 0 f Ten
Mi Ie Creek;
Thence along s.aid centerline N 1703 8' 40" Wad istance of 315.76 feet to a poi nt
on the southerly right-of-way of Overland Road;
Thence NOoo16'08" W a distance of 45.00 feet to the POINT OF BEGINNING.
Said parcel contains 1.32 acres more or less and is subject to all existing
easements and rights-of-ways of record or implied.
A full text of this ordinance is available for Il1spection at City Hall, City ~leri(han, 33
East ldaho, Meridian, Idaho. This ordinance shall ,b~H.pnmff(~ctive on the /7 -- day of
~ )004 '\\\,\l tF}'if'
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City of Meridian
Mayor and City Council ~ ~
l3y: William G. Berg. Jr., City Clerk ~ 'Y&Q .....eo;() 0 i
~ 1",0 &.sr 1Si ' it $'
First Rcadlnu: 2 -{7 -(71/-- '/Q "f~ ~ ,~...
.~. " . "" Ut.rrl. "", . _
Adopted a Iter Ill'St readll1g by suspension 0 I Lhe'r~ fil;'111~~\\<e~1 pursuant to Idaho ( ode )0-902:
YES ><: NO III
Second Readl1lg:
Third Reading:
-
Z:IWork\MIMeridi<ln\lVkridl<ln I 5360M\Soulhern Springs Sub No.2 AZ-03.030 PP-OJ.036ISUMANNEXZONGORD.dpc
February 12, 2004
MERIDIAN CITY COUNCIL MEETING February 17, 2004
APPLICANT Landmark Engineering & Planning ITEM NO.
AZ 03-031
1'1
REQUEST Ordinance - Request for Annexation and Zoning of 15.04 acres from RUT to R-8 zones
for proposed Windsong Subdivision - west of North Under Road and north of West Ustick Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DE?T:
CITY FIRE DE?T:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DE?T:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANtT ARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SmLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Ordlnc:mce
fJtJ
vY f~4/ It!
&~ - oJ
I}rYW'"
Contacted:
Emailed:
Date:
Staff Initiols:
Phone:
Materials presented at public meetings shaD become property of the CHy of Meridian.
FEB 0 3 2004
City Of Mericlian
City Clerk Office
WHITE PETERSON
WI-lITE) PETERSON, MORROW, GIGRAY) ROSSMAN, NYE & ROSSMAN, P.A.
KI"I~ F [)I~W'
J I 'ilL KLU~ FISCHr~
W'I. F. GKiR,IY. III
T. Gl'Y I'IAI.I.,\\I"
hll Ilml~K,\
\1' II.LI,I.I 1/\ ~I ORROW
WILl.IIMI--. NII.JIOI.S.
CIIIUSTOI'I'IERS, NYE
!'lIlt IP :\. PETI~RSO'
TOUD c\ RUSS~I.\N
TEIlRENCE R. WHln"
NICIIOLAS L WOLl.EN
ArTOR\iEYS ,yr l.A\\'
NAivlPA OFFICE
:i ;O(J L !'R.-\\I\.U.\ g P.
Slinr 2lHI
N__\~lr-,\. Ill.-\II\' ~:;/',;-K~l)c
TU (20Xi -lhh.q}"7?
b\X 12iJK) ~"i>-~~iJ)
570U E. FIl-\NKUN RI>,
SLlII E 200
NA~'lrt\. ID,\JlO K3653-~~02
"AI;;.o admiltcJ in on
.,. '" t\ ho iu..lmi ([cd in \V t\
TEL (208) 466.9272
FAX (208) 466.4405
i'LEi\SE REJ'L Y TO
N,\i'v1Pi\ OFFICE
February 2, 2004
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
Re: Ordinance No. 04- , (STUBBLEFIELD CONSTRUCTION
COMPANY, INC.) Summary of Publication
DcaI' Will:
Pursuant to the direction of the Meridian City Council, this office has prepared a
summarization of the ordinance providing for an annexation and zoning ordlnance for Stubblefield
Construction Company, Inc. pursuant to the City's action. I do hereby advise the City, and make this
statement, that said summary is true and complete and provides adequate notice to the public of the
provisions of said ordinance.
You are hereby directed to file this statement with the ordinance, pursuant to the
provisions of Idaho Code 9 50-901(A).
Very truly yours,
Wm. F. Nichols
Enclosure
l'.Wnrk'jvl\:vkndi;m\ivkridiall I 53ClOjVl\Wl11dsollg Sub ;\1.03.031 PI'-03-037\l3erg Sum Ord Ltr 02 02 04.doc
FEB 0 q. 2004
City Of MeridiaJ1
City Clerk Office
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEVIN E. DINIUS
JULIE KLEIN FISCH ER
WM. F. GIGRAY, III
T. GUY HALL\M*
JILL HOLlNKA
WILLIAM A. MORROW
WILLIAM F. NICHOLS'
CHRISTOPHER S. NVE
PHILIP A. PETERSON
TODD A. ROSSMAN
TERRENCER. WHITEn
NICHOI.AS L. WOLLEN
ATTORNEYS AT LAw
NAMPAOFFICE
5700 E. FRANKLIN RD.,
SUITE 200
NAMP A, IDAHO 83653.8402
TEL. (208) 466.9272
fAX (208) 466.4405
"Also admitted in OR
H Also admitted in
WA
February 2, 2004
William G. Berg, J1'., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
Re: LANDMARK ENGINEERING & PLANNING, INC. FOR WINDSONG SUBDIVISION I
ANNEXATION AND ZONING FINDINGS I AZ ORDINANCE & CERTIFICATION OF CLERK I
SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER I AZ-03-031
Dear Will:
Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION
AND ZONING prepared as per instructions from the Council meeting of January 20, 2004, and
which are on an upcoming Council agenda.
Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk
for the annexation and zoning for the City of Meridim1. After the Findings of Fact and Conclusions
have been adopted, then please place this ordinance on the City Council agenda. This ordinance
should not be passed until the Findings of Fact and Conclusions of Law and Decision and
Order Granting Application for Rezone arc adopted. Additionally, I have enclosed a Summary
Ordinance and the cover letter, which Summm-y Ordinance will need to be presented to the Council
at the same time the full annexation and zoning ordinance is presented to Council for approval.
If you have any questions arise, please advise.
Very truly yours,
Wm. F. Nichols
Z:\Work\M\Meridian\Meridian I 5360M\Windsong Sub AZ.03-03l PP-03-037\FFCL and ORD and SUM ORD Clerk Ltr 02 02 04.do::
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 02127/04 09:59 AM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridian City
AMOUNT .00
5
1111111111I1111111111111I111111111111
104022058
CITY OF MERIDIAN
ORDINANCE NO. 04- 10617
AN ORDINANCE FINDING THAT, STUBBLEFIELD CONSTRUCTION COMPANY, INC.,
THE OWNER OF CERT AlN REAL PROPERTY GENERALLY LOCATED APPRoxrrvlATEL '{
300 FEET NORTH OF USTICK ROAD AND APPROX!J'vIA TEL Y 600 FEET 'vVEST OF LINDER
ROAD, \VITHIN SECTION 35, TOWNSHIP 4 NORTH, RANGE I WEST,MERlDIAN, IDAHO,
TO BE KNOWN AS WINDSONG SUBDIVISION AND WHICH LIES CONTIGUOUS OR
ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNT'( OF ADA, STATE
OF IDAHO; HAVE MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNC[I_;
AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING
DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8), AND DECLARING
THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A
PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING
ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT
HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE
OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF
THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF
THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER
AND ASSESSOR, AND THE STATE TAX COMMJSSION 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]. FINDINGS: That the following described land is contigLloLls and adjacent lo
the City of Meridian, Idaho, and that the City of Meridian has received a \vriltcn request III I"
annexation to the City of Meridian, Idaho, by the owners of said Property, to-wit:
ANNEXATION AND ZONING ORDINANCE (AZ-03-031)
PAGE 1 OF 4
WINDSONG SUBDIVISION
A parcel of land located in the Southeast % of tbe Southeast % of Section 35, TAN., R. I W.,
B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the Southeast corner of said Section 35, from which the V.l corncr COllllllon to
Section 2 ofT.3N., R.IW., and the said Section 35 bears North 89014'22" West, 2643.36 feet;
thence along the East line of said Section 35 North 00015'43" East, 658.00 feet; thence North
89017'57" West, 390.00 feet to the REAL POINT OF BEGININNG.
Thence South 00015'42" West, 535.08 feet to a point on the northerly right-or-way orthe
Creason Canal;
Thence along said right-of-way North 73035'48" West, 798.72 feet to a point on the East
boundary of Bridgetower Crossing Subdivision No.1, as same is recorded in Book 84 of plats at
Page 9392, records of Ada County, Idaho;
Thence along said boundary and the East boundary of Bridgetower Crossing Subdivision No.
4, as same is recorded in Book of plats at Page , records of Ada County, Idaho,
No rth 00026' 5 5" East, 981 .51 feel to the Southwest corner of Watersong Estates, as same is recorded
in Book of plat 8t Page , records of Ada County, Idaho;
Thence along the sou1herly bo Llndary of sai d su bd i vi si on South 89012' IS" East, 493.66 feet;
Thence departing said boundary Soulh 00012'31" West, 661.81 feel;
Thence South 89017'57" East, 269.78 feet to the Point of Beginning. Cont8ining 15.04 acres.
more or less.
SECTION 2: That the above-described real property be, and the same is hereby anncxed and
made a part of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City of IVleridian
hereinabove described shall be zoned Medium Density Residential District (R-8).
SECTION 4: That the City Engineer is hereby directed to alter all Llse and area 1l18pS 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 arc
hereby repea led, rcsc i nded and annulled.
ANNEXATION AND ZONING ORDINANCE (AZ-03-031)
PAGE20F4
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 shaH, within ten (10) days following the
effective dZlte of this ordinance, duly file a certified copy of this ordinance and a map prepared in ZI
draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including
the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit:
the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of
this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with
ldaho Code ~63-2215 and 950-223.
L'7-fl..
PASS.ED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this - day of
;;:itJrutVt-, ' 2004.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /7-(!:;: day of
ra 6f'UM-;J ,2004.
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CITY CLERK' ,', '"? B::
First Reading: 2--/? - &1- \ "p. C.OUST ;\. '\~ .f? f
Adopted after first reading by sutt)e~$iQ' u.~ ~~allowecl pursuant to Idaho Code 50-
\./ //. r~ \\)- "
902 Yes: I'- //"i' #OU1"fl'%:' ,,\\,...,
Second Reading: - ' "ii.,Ii.nnli\\''.
Third Reading:
ANNEXATION AND ZONING ORDINANCE (AZ-03-031)
PAGE 3 OF 4
STATE OF IDAHO,)
: 55.
County of Ada
'Jfl1 1- .
On this I day of e(Pruc{'R1 ' 2004, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMl Y de WEERD and WILLIAM G. BERG, JR., known
to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the
within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above~\....~ltP~r{U.""",
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ANNEXATION AND ZONING ORDINANCE (AZ-03-031)
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CERTIFICA TION 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'
Jdaho, do hereby certify that the attached eopy ofOrdinanee No. o4-Lc26!J ,passed by the
City Counei I of tile City of Meridian, on the_!-7!!: day of /z:lZL:U_Plo/-' 2004, is a true and
correct copy 0 f the origi lla] 0 C said document \Vh i chis in the care, custody nne! control 0" the Ci ty
Clerk of the Ci ty of Meridian. ,\\\\\\ll1lfJ IlItltlll
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STA TE OF IDAHO, )
County of Ada, )
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I day of -tt'prIJlJ1T1 ' in the year .;lOOt...( , ?efore me,
.....Jttl<\."c.:-€. L, s/~At-.- , a Notary PubliC, appeared WILLIAM
G. B ERG, JR., known or identified to me to be the City Clerk of the City 0 f Meridian, Idaho that
ex ec uted the said i llstrument, and acknow I edged to me that he executed the sam e on behal f 0 f the
City' of Meridian. ._"'"
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CERTIFICATION OF TI-IE CITY CLERK OF THE CITY OF MERIDIAN
AZ-03-03 I
PAGE 1 OF I
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO r.c. S 50-901 (A)
CITY OF MERIDIAN ORDINANCE NO. 04-I06~
PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE
An Ordinance of the City of Meridian granting annexation and zoning for land owned by
Stubblefield Construction Company, Inc., to be known as Windsong Subdivision,
consisting of 15.04 acres and commonly located approximately 300 feet north of Us tick
Road and approximately 600 feet west of Linder Road, within Section 35, Township 4
North, Range 1 West, Meridian, Idaho, with a zoning designation of R-8 Medium
Density Residential District; and providing for effect of invalidity; providing that all
ordinances and resolutions in conflict are repealed and rescinded; and providing an
effecti ve date.
WINDSONG SUBDIVISION
A parcel of land located in the Southeast Y.1 of the Southeast ~ of Section 35,
TAN., R.l W., B.tv1., Ada County, Idaho, more particularly described as follows:
Commencing at the Southeast comer of said Section 35, (l'om which the % corner
common to Section 2 ofT.3N., R.l W., and the said Section 35 bcars North 89014'22"
West, 2643.36 feet; thence along the East line oCsaicl Section 35 North 00015'43" East,
658.00 feet; thence North 89017'57" West, 390.00 feet to the REAL POINT OF
BEGININNG.
Thence South 00015'42" West, 535.08 feet to a point on the northerly right-of.
way of the Creason Canal;
Thence along said right-of-way North 73035'48" West, 798.72 feet to a point on
the East boundary of Bridgetower Crossing Subdivision No.1, as same is recorded in
Book 84 of plats at Page 9392, records of Ada County, Idaho;
Thence along said boundary and the East boundary of Bridgetower Crossing
Subdivision No.4, as same is recorded in Book of plats at Page
records of Ada County, Idaho, North 00026'55" East, 981.51 feet to the Southwest corner
ofWalersong Estates, as same is recorded in Book of plat at Page
records of Ada County, Idaho;
Thence along the southerly boundary of said subdivision South 89012' I 5" East,
493.66 feet;
Thence departing said boundary South 00012' 3 I " West, 661.81 feet;
Thence South 89017'57" East, 269.78 feet to the Point of Beginning. Containing
15.04 acres, 11l0re or less.
A full text of this ordinance is available for inspection at City Hall, City oC
Merid~l, 33 East Idal6': Meridian, Idaho. This ordinance shall become effective on the
_ /7 - day of F-e rua.-vr;- ,2004. \1111'
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City of Meridian
Mayor and City Council ~
By: William G. Berg. Jr., City Clerk ~",?/\ .P g
'/ v ~. ~
....'/.... ;..y C ~ ,,,~
First Readins;: :2 -/7 -1l4-- //'1111 OUNT'! \\\\\"
~ Ii/Nl'lllliH\\
Adopted after first reading by suspenSion of the I'\.ti e as allowed pursuant to Idaho Code
X
50-902: YES
Second Reading:
Third Reading:
NO
-
Z:\Work\iVl\iVleridian\Meridian I 5360M\Windsollg Sub AZ.03.031 PI'.03.037\SUMANNEXZONGOf{D.doe
** TX CONFIRMATION REPORT **
AS OF FEB 17 '04 22:34 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMDj:\ STATUS
01 e2/17 21:45 381e16e EC--S e2' 37" 005 146 OK
e2 e2/17 21:48 PUBLIC WORKS EC--S el'31" 005 146 OK
03 e2/17 21:51 12084664405 EC--S e1'32" 005 146 OK
04 02/17 21:53 8841159 EC--S e1'31" 005 146 OK
05 e2/17 21:55 2088840744 EC--S e1'30" ee5 146 OK
e6 02/17 21:57 POLICE DEPT EC--S 01'31" 005 146 OK
e7 02/17 21:59 8985501 EC--S e1'3e" 005 146 OK
08 02/17 22:el LIBRRRY EC--S 02'e0" 005 146 OK
09 02/17 22:03 92083776449 EC--S 01'30" 005 146 OK
10 02/17 22:05 208 388 6924 EC--S 01' 59" 005 146 OK
11 02/17 22:08 2088886854 EC--S 01' 30" 005 146 OK
12 02/17 22:1e 208 895 e3ge EC--S 01'30" 005 146 OK
13 02/17 22:12 208 387 6393 EC--S 01'31" 005 146 OK
14 02/17 22:14 ADA CTY DEVELMT G3--S 02' 41" 0e5 146 OK
15 02/17 22:17 8885052 EC--S el'31" ee5 146 OK
16 02/17 22:19 CHERRY LANE G3--S 03'0e" 005 146 OK
17 e2/17 22:23 POST OFFICE G3--S 0e' 51" e0e 146 INC
18 02/17 22:24 POST OFFICE G3--S 00' 51" 000 146 INC
19 02/17 22:26 POST OFFICE G3--S 0e'51" e0e 146 INC
2e 02/17 22:27 POST OFFICE G3--S ee'51" 0ee 146 INC
21 e2/17 22:29 IDAHO ATHLETIC C EC--S el '32" ee5 146 OK
22 02/17 22:31 ID PRESS TRIBUNE EC--S el'31" 005 146 OK
23 02/17 22:33 2088886701 EC--S el' 30" e05 146 OK
THIS DOCUMENT IS STILL IN MEMORY
------------~--~---------------------------------------------------------~-------~--------~-
REVISED 2-14-04
CITY OF MERIDIAN
CITY COUNCil REGULAR MEETING
AGENDA
1.
TUesday, February 17, 2004 at 7:00 p.m.
City Council Chambers
Roll-call Attendance;
~ Shaun Wardle X Bill Nary
-L Charlie Rountree ~_ Keith Bird
}( Mayor Tammy deWeerd
Pledge of Allegiance: "/hPtPj7 I ~
Community Invocation by Craig Flinn -.. Pastor at Meridian Alliance
Church: fJY€~<...d.--
2.
3.
4.
.4.rlnntinn n.f ....... A _ _ c_ .
** TX CONFIRMATION REPORT **
03
04
05
06
07
08
09
10
11
12
13
14
15
16
17
18
19
20
21
22
23
DATE TIME TO/FROM
02/17 10:38 PUBLIC WORKS
02/17 10:40 12084664405
02/17 10:42 8841159
02/17 10:43 2088840744
02/17 10:45 POLICE DEPT
02/17 10:47 8985501
02/17 10:49 LIBRARY
02/17 10:51 92083776449
02/17 10:52 208 388 6924
02/17 10:55 2088886854
02/17 10:56 208 895 0390
02/17 10:58 128300040
02/17 11:00 208 387 6393
02/17 11:02 8885052
02/17 11:04 CHERRY LANE
02/17 11:07 POST OFFICE
02/17 11:10 IDAHQ ATHLETIC C
02/17 11:12 ID PRESS TRIBUNE
02/17 11:14 2088886701
02/17 11:19 3810160
02/17 11:21 ADA CTY DEUELMT
AS OF FEE 17 '04 11:23 PAGE. 01
MODE
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
G3--S
EC--S
EC--S
G3--S
EC--S
EC--S
EC--S
EC--S
EC--S
G3--S
CITY OF MERIDIAN
MIN/SEC PGS
01'12" 004
01'14" 004
01' 13" 004
01'13" 004
01' 12" 004
01'12" 004
01'35" 004
01' 12" 004
01'35" 004
01'12" 004
01'13" 004
01'35" 004
01'13" 004
01'13" 004
02'28" 004
02'07" 004
01' 13" 004
01' 13" 004
01'13" 004
02'06" 004
02'13" 004
CMD~
123
123
123
123
123
123
123
123
123
123
123
123
123
123
123
123
123
123
123
123
123
STATUS
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
--------------------------------------------------------------------------------------------
t1ca~~ PO&+for PLlb\i~ Nance: -It,a.nl{s l{
. ,
REVISED 2-14-04
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
TuesdaYJ February 17,2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle Bill Nary
Charlie Rountree Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Craig Flinn .. Pastor at Meridian Alliance
Church:
4. Adoption of the Agenda:
5. Consent Aaenda:
'R ca~c- Pos+: fOr Pu b\; c!... Na +t cc - --rr"t.JllC.S l(
t. ~ . , ~
REVISED 2-14-04
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, February 17,2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle Bill Nary
Charlie Rountree Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Craig Flinn -- Pastor at Meridian Alliance
Church:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve minutes of January 13, 2004 Pre-Council Meeting:
B. Approve minutes of January 20, 2004 City Council Regular
Meeting:
C. Approve minutes of January 20, 2004 City Council Special
Meeting:
D. Findings of Fact and Conclusions of Law for Approval: PFP
03-005 Request for Preliminary / Final Plat approval of 2 building
lots on 52.84 acres in an I-L zone for Jabil Subdivision by Jabil
Circuit, Inc. - 1303 East Central Way:
E. Findings of Fact and Conclusions of Law for Approval: CUP
03-061 Request for a Conditional Use Permit for a dental office in
an L-O zone for Gaudrv Dental Office by Dr. Robert Gaudry -
southeast corner of Millenium Way and Gala Street in Resolution
Business Park:
F. Findings of Fact and Conclusions of Law for Approval: PP 03-
040 Request for Preliminary Plat approval of 5 building lots on 3.49
Meridian City Council Agenda - Februaty 17, 2004 Page 1 of 4
All materials presented at public meetings shall become property oCthe City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City C1el"k's Office at 888-4433 at least 48 hours prior to the public meeting.
REVISED 2-14-04
acres in an L-O zone for Financial Plaza Subdivision by Idaho
Central Credit Union - 2225 East Overland Road:
G. Findings of Fact and Conclusions of Law for Approval: AZ 03-
034 Request for Annexation and Zoning of 11.31 acres from RUT
to R-8 and L-Q zones for proposed Razzberrv Crossina by Carl
and Bonnie Reiterman - south of East McMillan Road and west of
North Locust Grove Road:
H. Findings of Fact and Conclusions of Law for Approval: PP 03-
039 Request for Preliminary Plat approval of 34 residential building
lots, 4 professional office lots and 6 common lots on 11.31 acres in
proposed R-8 and L-O zones for proposed Razzberrv Crossina by
Carl and Bonnie Reiterman - south of East McMillan Road and
west of North Locust Grove Road:
I. Findings of Fact and Conclusions of Law for Approval: CUP
03-062 Request for a Conditional Use Permit for a Planned
Development containing a mix of residential and professional office
uses in proposed R-8 and L-O zones for proposed Razzberrv
Crossina by Carl and Bonnie Reiterman - south of East McMillan
Road and west of North Locust Grove Road:
J. Request for Approval of letter to Michael Le/US EPA re:
Pretreatment Program
K. Sewer Main Easement for Parkwav Subdivision:
L. Union Pacific Railroad Pipeline Crossina Aareement - Black
Cat:
M. Well #26 Production Well- Contract with Hydrolic:
N. Geographic Information Systems (GIS) Hardware, Software,
and Installation Services Contract with HDR:
O. Sr. Citizen ICDBG Professional Service Contract with SAGE:
P
Resolution No.
Fair Housina:
Q.
Resolution No.
Relocation Assistance Plan:
Anti-Displacement and
R.
Resolution No.
Plan:
Citizen Participation
Meridian City Council Agenda - Februmy 17, 2004 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours plior to the public meeting.
REVISED 2-14-04
S.
Resolution No.
the Basis of Disability:
Non-Discrimination on
T.
Resolution No.
Grievance Procedure:
U. Resolution No. Amendment to the
Collective Labor Agreement, between the City of Meridian and
Local #2311 International Association of Fire Fighters.
6. Department Reports:
A. Mayor's Office
1. Appointment of P&Z Commissioner:
B. Parks and Recreation Department - Doug Strong
2. Agreement with Meridian Youth Baseball:
7. (Items Moved from Consent Agenda)
8. Tabled from February 10, 2004: FP 04-001 Request for Final Plat
approval of 31 single-family residential building lots and 4 common lots on
5.2 acres in an R-8 zone for HiQhQate Subdivision NO.1 by Harris
Homes, LLC - 2700 North Meridian Road:
9. Tabled from February 10, 2004: FP 04-002 Request for Final Plat
approval of 45 single-family residential building lots and 4 common lots on
10.49 acres in an R-8 zone for HiQhQate Subdivision No.2 by Harris
Homes, LLC - 2700 North Meridian Road:
10. FP 04-008 Request for Final Plat approval of 56 single-family residential
building lots and 2 common lots on 17.8 acres in an R-4 PO zone for
Lochsa Falls Subdivision No.9 by Lochsa Falls, LLC - west of North
Linder Road and south of West Chinden Road:
11. FP 04-007 Request for Final Plat approval of 26 single-family residential
building lots and 1 common lot on 11.96 acres in an R-4 PO zone for
Lochsa Falls Subdivision No. 10 by Lochsa Falls, LLC - west of North
Linder Road and south of West Chinden Road:
12. FP 04-006 Request for Final Plat approval of 52 single-family residential
building lots and 6 common lots on 16.94 acres in an R-8 zone for
Sundance Place Subdivision No.1 by Sundance Limited Company, LLC
- north of East Ustick Road and east of North Meridian Road:
Meridian City Council Agenda - February 17,2004 Page 3 of4
AU materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's OffIce at 888-4433 at least 48 hours prior to the public meeting.
REVISED 2-14-04
13. FP 04-009 Request for Final Plat approval of 85 single-family residential
building lots and 8 common lots on 23.15 acres in an R-8 zone for
Castlebrook Subdivision No.3 by Liberty Development, Inc. - 4000
West Pine Avenue:
14. Public Hearing: RZ 03-012 Request for a Rezone of .85 acre from R-15
to 0- T for proposed Strickland Subdivision by Roy Strickland - 1225
Main Street:
15. Public Hearing: PFP 03-006 Request for Preliminary Final Plat approval
of 2 building lots on .85 acre in a proposed 0- T zone for proposed
Strickland Subdivision by Roy Strickland - 1225 Main Street:
16. Public Hearing: CUP 03-063 Request for a Conditional Use Permit to
allow a medical office building in a proposed O-T zone for proposed
Strickland Subdivision by Roy Strickland - 1225 Main Street:
17. Public HeariR:1g: CUP 03-064 Request for a Conditional Use Permit for a
Planned Development for two buildings on one lot in a L-O zone for
Capital Christian Center by Capital Christian Church - 2760 East
Fairview Avenue:
18. Ordinance No: AZ 03-030 Request for
Annexation and Zoning of 2.8 acres from R-6 to L-O and C-G zones for
proposed Southern SprinQs Subdivision No.2 by The Land Group, Inc.
- south of East Overland Road and east of South Meridian Road:
19. Ordinance No.: AZ 03-031 Request for
annexation and zoning of 15.04 acres from RUT to R-8 zones for
proposed Windsong Subdivision by Landmark Engineering & Planning,
Inc. - west of North Linder Road and north of West Ustick Road:
20. Water, Sewer and Trash Delinquencies:
Melidian City Council Agenda - February 17,2004 Page 4 of 4
All mateLials presented at public meetings shaH become property of the City of Meridian.
Anyone desiLing 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.
V\lCU ~ast.tor ~01o\;G;JCLt-1lnC1v1bJ
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesdayy February 17y 2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle Bill Nary
Charlie Rountree Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Craig Flinn -- Pastor at Meridian Alliance
Church:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve minutes of January 13, 2004 Pre-Council Meeting:
B. Approve minutes of January 20y 2004 City Council Regular
Meeting:
C. Approve minutes of January 20y 2004 City Council Special
Meeting:
D. Findings of Fact and Conclusions of Law for Approval: PFP
03-005 Request for Preliminary I Final Plat approval of 2 building
lots on 52.84 acres in an I-L zone for Jabil Subdivision by Jabil
Circuit, Inc. - 1303 East Central Way:
E. Findings of Fact and Conclusions of Law for Approval: CUP
03-061 Request for a Conditional Use Permit for a dental office in
an L-O zone for Gaudrv Dental Office by Dr. Robert Gaudry -
southeast corner of Millenium Way and Gala Street in Resolution
Business Park:
F. Findings of Fact and Conclusions of Law for Approval: PP 03-
040 Request for Preliminary Plat approval of 5 building lots on 3.49
Meridian City Council Agenda - FebrualY 17, 2004 Page 1 0 f 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at &884433 at least 48 hours prior to the public meeting.
acres in an L-Q zone for Financial Plaza Subdivision by Idaho
Central Credit Union - 2225 East Overland Road:
G. Findings of Fact and Conclusions of Law for Approval: AZ 03..
034 Request for Annexation and Zoning of 11.31 acres from RUT
to R-8 and L-Q zones for proposed Razzberrv Crossinq by Carl
and Bonnie Reiterman - south of East McMillan Road and west of
North Locust Grove Road:
H. Findings of Fact and Conclusions of Law for Approval: PP 03-
039 Request for Preliminary Plat approval of 34 residential building
lots, 4 professional office lots and 6 common lots on 11.31 acres in
proposed R-8 and L-Q zones for proposed Razzberrv Crossinq by
Carl and Bonnie Reiterman - south of East McMillan Road and
west of North Locust Grove Road:
I. Findings of Fact and Conclusions of law for Approval: CUP
03-062 Request for a Conditional Use Permit for a Planned
DeveloP.ment containing a mix of residential and professional office
uses in proposed R-B and L-Q zones for proposed Razzberrv
CrossinQ by Carl and Bonnie Reiterman - south of East McMillan
Road and west of North Locust Grove Road:
J. Request for Approval of letter to Michael Le/US EPA re:
Pretreatment Program
K. Sewer Main Easement for Parkway Subdivision:
L. Union Pacific Railroad Pipeline CrossinQ AQreement - Black
Cat:
M. Well #26 Production Well - Contract with Hydrolic:
N. Geographic Information Systems (GIS) HardwareJ Software,
and Installation Services Contract with HDR:
O. Sr. Citizen ICDBG Professional Service Contract with SAGE:
P
Resolution No.
Fair HousinQ:
Resolution No.
Relocation Assistance Plan:
Anti-Displacement and
Q.
R.
Resolution No.
Plan:
Citizen Participation
Meridian City Council Agenda ~ February 17,2004 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
S.
Resolution No.
the Basis of Disability:
Non-Discrimination on
T.
Resolution No.
Grievance Procedure:
6. Department Reports:
A. Mayor's Office
1. Appointment of P&Z Commissioner:
B. Parks and Recreation Department - Doug Strong
2. Agreement with Meridian Youth Baseball:
7. (Items Moved from Consent Agenda)
8. Tabled from February 10, 2004: FP 04-001 Request for Final Plat
approval of 31 .single-family residential building lots and 4 common lots on
5.2 acres in an R-8 zone for HiQhQate Subdivision No.1 by Harris
Homes, LLC - 2700 North Meridian Road:
9. Tabled from February 10, 2004: FP 04-002 Request for Final Plat
approval of 45 single-family residential building lots and 4 common lots on
10.49 acres in an R-8 zone for HiQhQate Subdivision No.2 by Harris
Homes, LLC - 2700 North Meridian Road:
10. FP 04-008 Request for Final Plat approval of 56 single-family residential
building Jots and 2 common lots on 17.8 acres in an R-4 PD zone for
Lochsa Falls Subdivision No.9 by Lochsa Falls, LLC - west of North
Linder Road and south of West Chinden Road:
11. FP 04-007 Request for Final Plat approval of 26 single-family residential
building lots and 1 common lot on 11.96 acres in an R-4 PO zone for
Lochsa Falls Subdivision No. 10 by Lochsa Falls, LLC - west of North
Linder Road and south of West Chinden Road:
12. FP 04-006 Request for Final Plat approval of 52 single-family residential
building lots and 6 common lots on 16.94 acres in an R-8 zone for
Sundance Place Subdivision No.1 by Sundance Limited Company, LLC
- north of East Ustick Road and east of North Meridian Road:
13. FP 04-009 Request for Final Plat approval of 85 single-family residential
building lots and 8 common lots on 23.15 acres in an R-8 zone for
Castlebrook Subdivision No.3 by Liberty Development, Inc. - 4000
West Pine Avenue:
Meridian City Council Agenda - Februaty 17,2004 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-44J3 at least 48 hours prior to the public meeting.
14. Public Hearing: RZ 03-012 Request for a Rezone of .85 acre from R-15
to 0- T for proposed Strickland Subdivision by Roy Strickland - 1225
Main Street
15. Public Hearing: PFP 03-006 Request for Preliminary Final Plat approval
of 2 building lots on .85 acre in a proposed 0- T zone for proposed
Strickland Subdivision by Roy Strickland - 1225 Main Street:
16. Public Hearing: CUP 03-063 Request for a Conditional Use Permit to
allow a medical office building in a proposed 0- T zone for proposed
Strickland Subdivision by Roy Strickland - 1225 Main Street:
17. Public Hearing: CUP 03-064 Request for a Conditional Use Permit for a
Planned Development for two buildings on one lot in a L-O zone for
Capital Christian Center by Capital Christian Church - 2760 East
Fairview Avenue:
/18. Ordinance No": AZ 03-030 Request for
Annexation and Zoning of 2.8 acres from R-6 to L-O and C-G zones for
proposed Southern Springs Subdivision No.2 by The Land Group, Inc.
- south of East Overland Road and east of South Meridian Road:
19. Ordinance No.: AZ 03-031 Request for
annexation and zoning of 15.04 acres from RUT to R-8 zones for
proposed Windsona Subdivision by Landmark Engineering & Planning,
Inc. - west of North Linder Road and north of West Ustick Road:
20. Water, Sewer and Trash Delinquencies:
Meridian City Council Agenda - February 17, 20M Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accol1unodation 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.
CE
FEB ? 4 2004
City Of Meridian
City Clerk Office
WHITE PETERSON
ArrORNEYSATLAw
KEVIN E. DINIUS
JULIE KLEIN FISCHER
CHRlSTOPHERD. GABBERT
WM. F. GlGRAY, III
T. GUYHALLAM**
JILLS. HOLlNKA
JOHN R. KORMANIK*
WILLIAMA. MORROW
WILLIAMF. NICHOLS*-
WHITE PETERSON, f.A.
CANYON PARK AT TIlE IDAHO CENTER
5700 E. FRANKLIN RD., SUITE 200
NAMPA, IDAHO 83687-7901
TEL (208) 466-9272
FAX (208) 466-4405
CHRISTOPHERS. NYE
PHILIP A. PETERSON
TODDA. ROSSMAN
TIlltRENCER. WHITE**"
* Also admitted in CA
*" Also admitted in OR
*"* Also admitted in WA
February 23,2004
William G. Berg, Jr.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
Re:
SUNDANCE LIMITED COMPANY, LLC / SUNDANCE PLACE
SUBDIVISION NO.1 / FINAL PLAT - (FP-04-006)
Dear Will:
Regarding t he a bove referenced matter, please find enclosed the original of the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the
Mayor and yourself. Please serve a copy ofthe ORDER upon the Applicant, with a Certificate of
Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office.
If you have any questions, please give me a calL
Very truly yours,
Wm. F. Nichols
Z:\Work\M\Meridian\Meridian 15360M\Sundance Place Sub No.] FP-04-o06\ClerkFPltr 02 24 04.doc
BEFORE THE MERIDIAN CITY COUNCIL
C/C 02/17/04
IN THE MATTER OF THE )
APPLICATION OF SUNDANCE )
LIMITED COMPANY,LLC FOR )
APPROVAL OF 52 SINGLE- )
FAMILY RESIDENTIAL BUILDING )
LOTS AND 6 OTHER LOTS ON )
16.94 ACRES IN AN R-8 ZONE FOR )
SUNDANCE PLACE SUBDIVISION )
NO.1, LOCATED )
APPROXIMATELY Y2 MILE )
NORTH OF W. USTICK ROAD IN )
THE SW ~ OF SECTION 31, T.4., )
R.E., MERIDIAN, IDAHO )
)
CASE NO. FP-04-006
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 February 17, 2004, and the Council finding that the
Administrative Review is complete from Sonya Allen for the Planning and Zoning Department,
and Bruce Freckleton, Engineering Technician ill, dated: February 12, 2004, to the Mayor and
Council I and that Anna Powell Planning Director for the Planning and Zoning Department,
commented at the hearing, and the Council having considered the requirements ofthe
preliminary plat the Council takes the following action:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-006)
Page 1 of 4
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "PLAT SHOWING SUNDANCE PLACE SUBDIVISON NO.
1, LOCATED IN GOVERNMENT LOT 3, SECTION 31, T.4N., R.IE., B.M., MERIDIAN,
ADA COUNTY, IDAHO 2004, \3042\3042-PLT.DWG 01114/04 BKB, JOB NO. 3042, SHEET
1 OF 2, HANDWRITTEN DATE: 1-14-04, SUNDANCE LIMITED COMPANY, LLC-
DEVELOPER, ENGINEERING SOLUTIONS, LLP - ENGINEER", Sundance Limited
Company, LLC, Developer, is Conditionally Approved subject to those conditions of Staff
comments as set forth in the Memorandum to the Mayor and City Council from Bruce
Freckleton, Engineering Technician III, and Sonya Allen for the Planning and Zoning
Department, dated: Hearing Date: February 17, 2004, listing 11 SITE SPECIFIC
REQUIREMENTS and 8 GENERAL 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 of the Council taken at their
February 17 2004 meeting as follows, to-wit:
1.1 Per action of the City Council taken at their February 17, 2004
meeting the following is clarified:
1. Due to the conflict between Settlers Irrigation District and the
Nampa & Meridian Irrigation District as to who would utilize
the pressurized urban irrigation system for Sundance Place
Subdivision, the resolution to this matter shall be that the
pressurized irrigation system shall be owned and operated by
the Sundance Subdivision Homeowners Association.
1.2 Adopt the Recommendations of the Central District Health
Department as follows:
The Central District Health Department requires after written
approval from the appropriate entities are submitted, they can
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-006)
Pagelof4
approve this proposal for central sewage and central water; that
plans must be submitted to and approved by the Idaho Department
of Health and Welfare, Division of Environmental Quality for
central sewage and central water; that run-off is not to create a
mosquito breeding problem; and it is suggested that stormwater be
pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water
quality; that engineers and architects should obtain current best
management practices for stormwater disposal and design a
stormwater management system that is preventing groundwater and
surface water degradation. Manuals for guidance:
1. State of Idaho Catalog Of Stormwater Best Management
Practices For Idaho Cities And Counties. Prepared by the Idaho
Division Of Environmental Quality, July 1997.
2. Stormwater Best Management Practices Guidebook. Prepared
by City of Boise Public Works Department, May 2000.
2. The final plat upon which there is contained the Certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be
signed only at such time as:
1. The Plat dimensions are approved by the City Engineer; and
2. The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash has been issued
guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must be in writing, and must be filed with
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-04-006)
Page 3 of4
the City Clerk not more than twenty-eight (28) days after the fmal decision concerning the matter
at issue. A request for a regulatory takings analysis will toll the time period within which a
Petition for Judicial Review may be filed.
Please take notice that this is a final action ofthe governing body of the City of
Meridian, pursuant to Idaho Code So 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date ofthis decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idah9 Code.
By action of the City Council at its regular meeting held on the
F-e6rufJVL!
/7f!:-
day of
, 2004.
Attest:
By:ifldt.-:.4-~, 9--
Dated: 2 -24-tJ4--
~
..-
Z:\Work\M\Meridian\Meridinn 15360M\Sundnnce Place Sub No. l Fp..()4..Q06\OrderFP.doc
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-006)
Page 4 of 4
;
.T;
MAYOR
Tammy de Weerd
oUe;:idi<<n
IDAHO
CITY HALL
(208) 888-4433 ~ Fax 887-4813
PUBLIC WORKS
BUILDING DEPARlMENT
(208) 887-2211 - Fax 898-9551
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
ClTY COUNCIL MEMBERS
Keith Bird
William L.M. Nary
Shaun Wardle
Charles M. Rountree
IlsmCE
, ,1903
MEMORANDUM:
Hearing Date: February 17, 2004
To:
Mayor & City Council
From:
Sonya Allen, Assistant City PlannerJIl
Bruce Freckle.ton, Engineering Tech III~
SUNDANCE PLACE SUBDIVISION NO.1
Re:
Request for Final Plat Approval of Sun dance Place Subdivision No.1, Consisting
of Fifty-two (52) Single-family Residential Building Lots and Six (6) Common
Lots on 16.94 Acres in an R-8 Zone by Sundance Limited Company, LLC
(File No. FP-04-006).
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or
deleted by motion of the Meridian City Council:
APPLICATION SUMMARY & LOCATION
This is the first phase of Sundance Place Subdivision and consists of 52 single-family residential
building lots and 6 common (landscaping/open space/drainage) lots on 16.94 acres. The gross
density of Phase No. I is approximately 3.07 dwelling units/acre. The net density is
approximately 3.89 dwelling units/acre.
The final plat for this phase complies with the approved preliminary plat.
Staff recommends approval for Sundance Place Subdivision No. 1 with the comments and
conditions stated in this report.
LOCATION
This phase of Sundance Place Subdivision is located approximately 1/2mile north of W. Ustick
Exhibit "A" 1 of 4
Mayor & City Council
Hearing Date: February 17, 2004
Page 2 of 4
Road in the SW V.of Section 31, TAN., R.IE.
SITE SPECIFIC REQUIREMENTS
1. Applicant shall meet aU terms of the approved Annexation (AZ-02-016) and Preliminary
Plat (PP-02-010).
2. The pressurized irrigation system within this development is to be owned and
maintained by the Sundance Place Homeowner's Association. The City of Meridian
requires that pressurized irrigation systems be supplied by a year-round source of water.
If a creek or well source is not available, a single-point connection to the culinary water
system shall be required. If a single-point connection is utilized, the developer shall be
responsible for the payment of assessments for the common areas prior to signature on
the final plat by the Meridian City Engineer. A draft copy of the pressurized irrigation
system O&M manual must be submitted prior to development plan approvaL
Staff notes that the irrigation district referenced in the application appears to name
Nampa & Meridian Irrigation District in error. This development appears to fall within
the Settler's Irrigation District.
3. Street signs are to be in place, water system shall be approved and activated, pressurized
irrigation system approved and activated, drainage lots constructed, fencing installed,
and road base approved by the Ada County Highway District prior to applying for
building permits. All development improvements, including fencing, micro-paths,
irrigation, 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, sanitary sewer, water, etc., prior to
signature on the final plat.
4. Sanitary sewer service and municipal water to this site shall be via extensions from
existing mains. Applicant will be responsible to construct the sewer and water mains to
and through this proposed development, thereby making them available to adjacent
properties. Subdivision designer to coordinate main sizing and routing with the Public
Works Department. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service.
5. Fencing is approved as shown on the landscape plan dated 1/13/03 (Sheets L-l & L-2)
prepared by The Land Group, mc.
Fencing within 20 feet of all public right of ways shall be no taller than 3-feet in height
if sight obscuring material is used or 4-feet in height if non-sight obscuring material is
used.
6. Applicant will be responsible to construct the sewer and water mains to and through this
proposed development, thereby making them available to adj acent properties.
Exhibit <<A" 2 of 4
Mayor & City Council
Hearing Date: February 17,2004
Page 3 of 4
Subdivision designer to coordinate main sizing and routing with the Public Works
Department.
7. The landscape plan dated 1/13/03 (Sheets L-l & L-2) prepared by The Land Group, Inc.
is approved as submitted.
8. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
9. Please revise the first boundary line call in the legal description of the Certificate of
Owners to also make reference to the east-west center of section line since the south
boundary of Burney Glen Subdivision No.1 is only a portion of the common boundary.
10. Any drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge within a period of time not to exceed 24 hours for all storms
up to and including it 100-year storm event. (All areas being counted toward the 10%
open space amenity shall be free of "wet ponds" or other such nuisances.)
11. Staffs failure to cite specific ordinance provisions or terms of the approved annexation
or preliminary plat does not relieve Applicant of responsibility for compliance.
GENERAL REQUIREMENTS
1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per
City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with written confirmation of said
approval submitted to the Public Works Department.
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 One-Hundred watt (100w), high-pressure sodium streetlights
will be required at locations designated by the Public Works Department. All streetlights
shall be installed at subdivider's expense. Typical locations are at street intersections
and/or fire hydrants. Final design locations and quantity are determined after power
designs are completed by Idaho Power Company. Street light contractor to obtain
design and permit from the Public Works Department prior commencing installations.
4. Compaction test results must be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
Exhibit "A" 3 of 4
Mayor & City Council
Hearing Date: February 17, 2004
Page 4 of4
5. Sewer and water mains shall be extended to and through the proposed development,
thereby making the available for adjacent properties.
6. 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.
7. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief
and the Public Works Department.
8. Provide sidewalks in accordance with the MCC.
STAFF RECOMMENDATION
Staff recommends approval of the final plat for Sundance Place Subdivision No. 1 with the
above stated comments & conditions.
Exhibit "A" 4 of 4
(
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF HARRIS
HOMES, LLC FOR APPROVAL OF
45 SINGLE-FAMILY
RESIDENTIAL BUILDING LOTS
AND 4 OTHER LOTS ON 10.49
ACRES IN AN R-8 ZONE FOR
HIGHGA TE SUBDIVISION NO.2,
LOCATED ON THE EAST SIDE OF
MERIDIAN ROAD,
APPROXIMATELY 1/3 A MILE
SOUTH OF USTICK ROAD,
MERIDIAN, IDAHO
C/C 02/17/04
)
)
)
)
)
)
)
)
)
)
)
)
)
)
CASE NO. FP-04-002
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 February 10, 2004 and tabled until February 17, 2004, and the
Council finding that the Administrative Review is complete from Steve Siddoway for the
Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated:
February 12,2004, to the Mayor and Council, and that Anna Powell Planning Director for the
Planning and Zoning Department, commented at the hearing, and the Council having considered
the requirements of the preliminary plat the Council takes the following action:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT 1 (FP-04-002)
Page 1 of5
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "PLAT SHOWING HIGHGATE SUBDIVISION PHASE 2,
LOCATED IN GOVERNMENT LOTS 4 & 5 OF SECTION 6, T.3N., R.IE., B.M.,
MERIDIAN, ADA COUNTY, IDAHO 2004, 03-112, SHEET 1 OF 3, PHASE 2 - ISG PLAT,
JOB NO. 03-014-00, SHEET NO.3, REVISIONS: ADDED NOTE 13, REMOVED
PROPOSED EASEMENTS AT REAR OF LOTS 29,32-36 BLOCK 3 BY: MMM DATE: 2-6-
04, HANDWRITTEN DATE: 2-6-04, STAMPED: RECEIVED FEB 11 2004 CITY OF
MERIDIAN CITY CLE~ OFFICE, EAGLE SPRINGS INVESTMENTS, LLC -
DEVELOPER, MUNGER ENGINEERING, INe. - ENGINEER", 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 Council from Bruce Freckleton, Engineering
Technician III, and Steve Siddoway for the Planning and Zoning Department, dated: February 12,
2004, listing 20 SITE SPECIFIC REQUIREMENTS and 8 GENERAL REQUIREMENTS, a
true and correct copy of which is attached hereto marked Exhibit "A", and consisting of five
pages, and by this reference incorporated herein, and the additional requirements from the action
of the Council taken at their February 172004 meeting as follows, to-wit:
1.1 Per the action of the City Council taken at their February 17, 2004
meeting, the following shall be a requirement:
1. The developer shall be required to complete the Encroachment
Agreement with Nampa & Meridian Irrigation District prior to
signature on the Final Plat.
2. The developer shall not be required to tile the Onweiler Lateral,
but shall construct a pathway and fencing along the Onweiler
Lateral per Staff's approval, as the same was required of
Silhouette Subdivision.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-04-002)
Page 2 of 5
3. The developer shall be required to construct a public easement
on Lot 29, Block 4, and reference it on the Plat, as well as
have the public easement recorded prior to signature on the
Final Plat.
1.2 Adopt the Recommendations of the Central District Health
Department as follows:
The Central District Health Department requires after written
approval from the appropriate entities are submitted, they can
approve this proposal for central sewage and central water; that
plans must be submitted to and approved by the Idaho Department
of Health and Welfare, Division of Environmental Quality for
central sewage and central water; that run-off is not to create a
mosquito breeding problem; and it is suggested that stormwater be
pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water
quality; that engineers and architects should obtain current best
management practices for stormwater disposal and design a
stormwater management system that is preventing groundwater and
surface water degradation. Manuals for guidance:
1. State of Idaho Catalog Of Stormwater Best Management
Practices For Idaho Cities And Counties. Prepared by the Idaho
Division Of Environmental Quality, July 1997.
2. Stormwater Best Management Practices Guidebook. Prepared
by City of Boise Public Works Department, May 2000.
2. The final plat upon which there is contained the Certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be
signed only at such time as:
1. The Plat dimensions are approved by the City Engineer; and
2. The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash has been issued
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-002)
Page 3 of5
guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must he in writing, and must be filed with
the City Clerk not more th~n twenty-eight (28) days after the final decision concerning the matter
at issue. A request for a regulatory takings analysis will toll the time period within which a
Petition for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67 -6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek 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
/70
day of
F..e~r~;;-
,2004,
(Ie eerd
ity of Meridian
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-04-002)
Page 4 of 5
Attest:
"
Copy served upon Applicant, the Planning and "Z6ll1ng Department, Public Works Department,
. \\\lIlllll1lt
and CIty Attorney. .,\\\\\\ f MEA:1/1!1,
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By:J.P--'P~,-, 9-
Dated:
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Z:\Work\M\Meridian\Meridian 1 5360M\Highgate Sub No.2 FP-04.002\OrderFP.doc
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-002)
Page 5 of5
,.'
i
!
MAYOR
Tammy de Weerd
cM;;;;;;llern
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CITY HALL
(208) 888.4433 - Fax 887-4813
PUBLIC WORKS
BUILDfNG DEPARTMENT
(208) 887-22 fl - Fax 898-9551
CITY COUNCIL MEMBERS
Keith Bird
William LM. Nary
Shaun Wardle
Charles M. Rountree
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
MEMORANDUM:
February 12, 2004
To:
Mayor & City Council
Steve Siddoway, Principal Planner 9t~
Bruce Freckleton, Engineering Tech III ~
Highgate Subdivision No.2
Request for a Final Plat Approval of Highgate Subdivision No.1, Consisting of
Forty Five (45) Single-family Residential Building Lots and Four (4) Other Lots
on 10.49 Acres in an R-8 Zone by Harris Homes, LLC
(File No. FP-04-002).
From:
Re:
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or
deleted by motion of the Meridian City Council:
APPLICATION SUMMARY & LOCATION
Note: This staff report is based on the revised plat dated 2/6/04 and the revised landscape plan
dated 2/9/04.
This is the second (and final) phase of the Highgate Subdivision, located on the east side of
Meridian Road, approximately 1/3 a mile south of Ustick Road. This phase of the subdivision
includes 45 single family building lots and 4 "other" (landscaping/open space/drainage) lots.
The gross density of Phase No.2 is approximately 4.29 dwelling units/acre; net density is
approximately 5.45 dwelling units/acre.
The subdivision was previously approved as a Planned Development to allow reduced lot
sizes, reduced frontage requirements, reduced setbacks, reduced minimum house size, and to
exceed block length requirements. There are a few special considerations noted below. Upon
resolution of those items, staff recommends approval of the plat.
PLANNING AND ZONING DEPARTMENT
660 E. WATERTOWER LANE, STE. 202, MERIDIAN, IDAHO 83642
(208) 884-5533 - Fax 888-6854
EXHIBIT "A" 1 OF 5
SPECIAL CONSIDERA TIOr~S
1. Public Easement: Condition 2 on page 12 of the Preliminary Plat Findings specifies that
a public access easement will be required on Lot 29, Block 4. The Conditional Use
Permit requires that the public easement be recorded prior to signature on the final plat.
The easement has not yet been executed. Therefore, the applicant should record an
easement and reference it on the plat prior to signature on the final plat. See
Requirement # 3 below.
2. Ditch Tiling: During the Preliminary Plat, it was stated that the issue of whether or not
to tile the Onweiler Lateral would be discussed with the final plat, based on the similar
conditions of approval on Silhouette Subdivision. Since the standard requirement to tile
the Onweiler was waived for Silhouette, citing the public interest of getting a pathway,
staff recommends the same for Highgate. See Requirement #4 below.
3. Encroachment Agreement: Preliminary Plat Finding #6, page 6 required a copy of the
encroachment agreement for the South Slough/Finch Drain with Nampa & Meridian
Irrigation District (NMID) to be submitted with the final plat application. The
agreement has been reviewed by NMID staff) but has not yet been acted on by the
NMID Board, and therefore has not been submitted with the application. Council should
determine whether it.is appropriate to require the agreement prior to acting on the plat
request, or prior to signature on the final plat. Staff recommends requiring a copy of the
agreement prior to signature on the final plat. However, if the applicant is unsuccessful
in obtaining the encroachment agreement, the property will have to be replatted because
the remaining lot area would not conform to the minimum lot size approved with the
Planned Development. See Requirement #5 below.
SITE SPECIFIC REQUIREMENTS
1. Applicant shall meet all terms of the approved Preliminary Plat, Conditional Use Permit
and the recorded Development Agreement.
2. The fencing plan will require the following modifications:
· All solid fencing shall taper down to 3 feet maximum within 20 feet of all right-of-
way.
· The perimeter fencing along the rear lot lines of the Lots 20-28 of Block 4 shall be
changed from 4' dog ear fencing to 4-foot vinyL
Submit a revised fence plan for approval prior to signature on the final plat.
3. Submit a copy of a recorded public access easement across lot 29, Block 4 prior to
signature on the final plat. Reference the instrument number of the easement on the plat.
4. Council waives the requirement to tile the Onweiler Lateral, as it will be improved with
a public pathway and landscaping per the landscape plan. The South Slough/Finch
Drain is also exempt from tiling requirements.
PLANNING AND ZONING DEPARTMENT
660 E. WATERTOWER LANE, STE. 202, MERIDIAN, IDAHO 83642
(208) 884-5533 ~ Fax 888-6854
EXHIBIT "A" 2 OF 5
5. The applicant shall submit a copy of the encroachment agreement with Nampa &
Meridian Irrigation District (NMID) prior to signature on the final plat. If the applicant
is unsuccessful in obtaining the encroachment agreement, the property must be replatted
because the remaining lot area would not conform to the minimum lot size approved
with the Planned Development.
6. The Landscape Plan will require the following modifications:
· The berms in the drainage area will need to be modified or deleted.
· Accurately depict the depth of the drainage area in relation to the tot lot.
The applicant shall submit a revised landscape plan for approval prior to signature on
the final plat.
7. The applicant shall provide a cash deposit for !h of the cost of the crossing of the
Onweiller Lateral at North Moorgate Way. The amount of the deposit shall be based on
110% of the bid for the crossing. Deposit shall be made prior to signature on the final
plat.
8. All existing trees adjacent to the South Slough/Finch Lateral shall be protected during
construction and retained on site.
9. Revise plat note number 11 as follows:
"...area of1400 SF, excluding: garage area."
10. Create lO-foot wide public utilities, drainage and irrigation easements across the rear of
all lots.
11. The pressurized 1mgation system within this development is to be owned and
maintained by the Nampa & Meridian Irrigation District. The application incorrectly
states that it will be owned by the Homeowners Association. The City of Meridian
requires that pressurized irrigation systems be supplied by a year-round source of water.
If a creek or well source is not available, a single-point connection to the culinary water
system shall be required. If a single-point connection is utilized, the developer shall be
responsible for the payment of assessments for the common areas prior to signature on
the final plat by the Meridian City Engineer.
12. 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 fencing, micro-paths,
irrigation, 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, sanitary sewer, water, etc., prior to
signature on the final plat.
13. Applicant will be responsible to construct the sewer and water mains to and through this
proposed development, thereby making them available to adjacent properties.
PLANNING AND ZONING DEPARTMENT
660 E. W ATERTOWER LANE, STE. 202, MERIDIAN, IDAHO 83642
(208) 884-5533 - Fax 888-6854
EXHIBIT "A" 3 OF 5
Subdivision designer to coordinate mam slzmg and routing with the Public Works
Department.
14. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
15. Correct the discrepancy between the bearing shown (S 85039'01"E) on the second leg of
the boundary from the northwest point of Lot 29, Block 4, and the corresponding bearing
of the legal description (S 85030'01"E) of the Certificate of Owner's.
16. Graphically depict 8-foot wide public utility, drainage and irrigation easements along
side lot lines wherever pressurized irrigation mains are present.
17. Add right-of-way width dimensions across the E. Ryegate Drive near the intersection of
E. Haskins Drive, and along the boundary at the west end of E. Ryegate Drive.
18. Correct the typo in the legal description of the Certificate of Owner's at the "said point
e.fbeing the Real Point of Beginning. .."
19. All stormwater detention areas shall be designed so that they are not "wet ponds." Any
drainage areas (detention/retention basins) must be designed to ensure that water will
percolate or discharge within a period of time not to exceed 24 hours for all storms up to
and including a 100-year storm event. Side slopes within drainage areas shall not exceed
3:1.
20. Staff's failure to cite specific ordinance requirements or terms of the approved
preliminary plat, conditional use permit or development agreement does not relieve
Applicant of responsibility for compliance.
GENERAL REQUIREMENTS
1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per
City Ordinance 12-4-13, except as waived by City Council. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works Department.
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. One-Hundred watt (lOOw), high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be installed
at subdivideyls expense. Typical locations are at street intersections and/or fire hydrants.
Final design locations and quantity are determined after power designs are completed by
Idaho Power Company. Street light contractor to obtain design and permit from the
Public Works Department prior commencing installations.
PLANNING AND ZONING DEPARTMENT
660 E. WATERTOWERLANE, STE. 202, MERIDIAN, IDAHO 83642
(208) 884-5533 - Fax 888-6854
EXHIBIT "A" 4 OF 5
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. Sewer and water mains shall be extended to and through the proposed development,
thereby making the available for adjacent properties.
6. Applicant's engineer will be required to submit a signed, stamped statement certifying
that aU street finish centerline elevations are set a minimum of three feet above the
highest established normal groundwater elevation.
7. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief
and the Public Works Department.
8. Provide sidewalks in accordance with the MCC.
PLANNING AND ZONING DEPARTMENT
660 E. W ATERTOWER LANE, STE. 202, MERIDIAN, IDAHO 83642
(208) 884-5533 - Fax 888-6854
EXHIBIT "A" 5 OF 5
~
RESOLUTION NO. 04- 426
BY:
/4i fA IJlr~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND
CITY CLERK TO SIGN ANn ENTER INTO, ON BEHALF OF SAID MUNICIPALITY,
AN AGREEMENT ENTITLED "AMENDMENT TO THE COLLECTIVE LABOR
AGREEMENT", BET\VEEN THE CITY OF MERIDIAN AND LOCAL #2311
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS.
BE IT RESOL VEn BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement
with LOCAL #23 11 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, orgal1lzed and
existing pursuant to Chapter 18 of Title 44 of the Idaho Code, denoted as "AMENDMENT TO
THE COU_ECTIVE LABOR AGREEMENT", a copy of which is attached hereto marked as
Exhibit "A" to lhis Resolution, rhe reasons and authority for \vhich arc as set f'orth in said
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE IYIA YOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf or the City
of Meridian that certain agreement with LOCAL #2311 INTERNATIONAL ASSOCIA TION OF
FIRE FIGHTERS, organized and existing pursuant to Chapter 18 of Title 44 of the Iclaho Code,
entitled "AMENDMENT TO THE COLLECTIVE LABOR AGREEMENT", a copy orwhich is
attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and
conditions.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF i\IERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MA VOR AND CITY CLERK TO SIGN AND ENTER INTO
AN AGREEMENT ENTITLED "AMENDMENT TO THE COLLECTIVE LABOR AGREEi\'IENT"
PAGE 1 OF 2
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /11fay of
(ifirutJL-r'j ,2004.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 17 "4lay of
{ibrUIt':J,2004.
TalTH11Y c
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURI'OSES; AUTHOIUZING
THE [VIA YOR AND CITY CLERK TO SIGN AND ENTER INTO
AN AGREEMENT ENTITLED "AMENDMENT TO THE COLLECTIVE LABOR AGREEMENT"
PAGE 2 OF 2
AMENDMENT TO THE
COLLECTIVE LABOR AGREEMENT
This amendment is to that certain Collective Labor Agreement between the City
of Meridian and Local #2311 International Association of Fire Fighters, dated the 15t day
of October 2003, and specifically pertaining to the Article 8 - Insurance within the
agreement.
Therefore, the parties agree as follows to-wit:
1. The parties have negotiated and mutually agreed to changes to Article 8 -
Insurance.
2. The parties agree that the attached Amendment to Article 8 - Insurance
is hereby incorporated and made a part thereof to the original Collective
Labor Agreement dated October 1, 2003, and replaces Aliicle 8 -
Insurance contained therein.
3. The parties agree that except as modified by this Amendment to Article 8
- Insurance, the Collective Labor Agreement dated the 15t day of October,
2003, between the parties is hereby ratified and confirmed.
IT IS SO AGREED.
DATED AND SIGNED this I f~ day of FRpS,?u'V( ,2004.
CITY OF MERIDIAN
IAFF LOCAL #2311
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eerd, Ma<Z~'1'\\\~I~~~:.'IIII' Blake Campbell, Presi ent
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AMENDMENT TO ARTICLE 8 - IN"SURANCE
TO THE COLLECTIVE LABOR AGREEMENT
BETWEEN CITY OF MERIDIAN AND LOCAL #2311 INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS DATED OCTOBER 1,2003
WHEREAS, Article 8 - Insurance shall now read as follows:
ARTICLE 8 - INSURANCE
During the term of this Agreement, the DEPARTMENT, shall pay 100% of the employee
premiums for health, workman's compensation, dental, life, short & long-term disability
insurance. The DEPARTMENT shall pay the same premium and provide identical coverage to
firefighters for health insurance that is given to other city employees. The DEPARTMENT will
pay no less than the same premium for family health and dental that it pays for other city
employees. This provision will be reviewed on an annual basis after quotes for insurance are
received to determine what adjustments may be needed to employee contributions for family
health and dental coverage. The DEPARTMENT further agrees to cover increases in premiums
I for family health and dental coverage up to 8.5% not to exceed $15.00 per month or $180.00 per
year. Any such premium adjustments will not exceed adjustments made with respect to other
City employees. Subject to the other provisions in this Article, the DEPARTIvlENT reserves the
right to make changes in carriers, premiums and provisions of these programs when deemed
necessary or advisable. The City of Meridian agrees to establish an insurance review committee
that will review the employees' insurance coverage on an annual basis and make
recommendations to the City Council. The Union will be given a position for a representative on
this committee.
Z:\Work\M\Meridian\Meridian 15360M\Fire Dept\Fire Fighters Union\Collective Bargaining\ARTICLE &.doc
(
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby celiify:
1. That I am the duly appointed and elected Clerk of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho, with its principal office at
33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City I am the cllstodian of its records and
minutes and do hereby celiify that on the !?''f day of !:e$Yt;UVtJ ,2004, the following
action has been taken and authorized:
A RESOLUTION OF TH E CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND
CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY,
AN AGREEMENT ENTITLED "AMENDlVIENT TO THE COLLECTIVE LABOR
AGREEMENT", BET\VEEN THE CITY OF MERIDIAN AND LOCAL #23]]
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS.
BE IT RESOLVED BY THE IYIAYORAND COUNCIL OFTHE CITY OF MERIDIAN,
I DAH 0:
WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement
with LOCAL #2311 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, organized and
existing pursuant to Chapter 18 of Title 44 of the Idaho Code, denoted as "AMENDMENT TO
THE COLLECTIVE LABOR AGREEMENT", a copy of which is attached hereto marked as
Exhibit "A" to this Resolution, the reasons and authority for which are as set fOlih in said
Agreement.
CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN
PAGE 1 OF 2
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
I . The Mayor and Clerk are hereby authorized to enter into and on bebalf of the City
of Meridian that certain agreement with LOCAL #2311 INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS, organized and existing pursuant to Chapter 18 of Title 44 of the Idaho Code,
entitled "AMENDMENT TO THE COLLECTIVE LABOR AGREEMENT", a copy of which is
attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its term~ilnUllllrl/l1llll
conditions. ",,\~ Of tliEJ~/D/'''''/ .
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STATE OF IDAHO, "1"11 'JUJ'll t' \\",
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County of Ada, )
On this t7#t day of 1ebrlVlr1 ' in the year 2004, before me, a Notary Public, appeared
WILLIAM G. BERG, JR., known 01 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 all behal f 0 f the City of Meridian.
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CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN
PAGE 2 OF 2
AGREEMENT
The City of Meridian hereinafter referred to as the DEPARTMENT, and Local
#2311 International Association of Fire Fighters, hereinafter referred to as UNION, in
order to increase general efficiency in the Fire Department, to maintain existing
harmonious relationship between the Fire Department and its employees, and to promote
the morale, rights and well-being of the members of the Fire Department, hereby agree as
follows:
ARTICLE 1 - RECOGNITION
Pursuant to Title 44, Chapter 18, Idaho Code. the DEPARTMENT recognizes the
UNION as the exclusive bargaining agent for all full time paid employees of the Fire
Department except management personnel and clerical support.
ARTICLE 2 - DISCRIMINATION
There shall be no discrimination against, intimidation or harassment of any
employee by either the DEPARTMENT, EMPLOYEE, the UNION or any member
acting on behalf of the UNION, because of the employee1s membership or non-
membership in the UNION or by virtue of his /her holding office or not holding office in
the UNION.
The DEPARTMENT and the UNION agree that neither shall discriminate against
any employee or prospective employee with respect to his/her compensation, terms,
conditions, or privileges of employment because of such employee's mce, color, religion,
sex, national origin or other factors which do not constitute bona fide occupational
requirements. It shall be the exclusive responsibility of the DEPARTMENT to determine
bona fide occupational requirements within the meaning of this Article.
ARTICLE 3 - PREVAILING RIGHTS
All rights, privileges, and benefits held by the firefighters at the present time
which are not included in this contract shall remain in force unless change is agreed to by
both parties. The DEPARTMENT may change or cancel any such right, privilege or
benefit when deemed in the best interest of the Fire Department. Any change or
cancellation of any right, privilege or benefit that is done for harassment, and/or
retaliation, without just cause or applied unfairly shall be subject to the grievance
procedure.
ARTICLE 4 - UNION DUES, FEES and ASSESSMENT CHECK OFF
The EMPLOYER agrees to deduct authorized union dues, fees and assessments in
amounts specified by the authorized officer of the UNION, from the pay of the
bargaining unit employees upon written authorization. The EMPLOYER further agrees
to transmit those amounts monthly to the UN10N. The UNION agrees to certify to the
EMPLOYER the amount of authorized dues, fees and assessments. The EMPLOYER
will show deductions of dues, fees and assessments on the employee's monthly check
stubs.
ARTICLE 5 - UNION BUSINESS
Firefighters elected to Union office shall be granted time off to attend functions,
conventions and seminars within the State ofIdaho, provided that the Fire Chief is given
seventy-two (72) hours notice and approves such leave. Up to three (3) members of the
Unionts Contract Negotiation Committee shall be allowed time off either with leave
without payor vacation time at the employee's discretion, for all meetings with the
DEPARTMENT for contract negotiations, for union conventions and for union seminars
mutually set by the DEPARTMENT and the UNION.
ARTICLE 6 - PERSONNEL REDUCTION OR RESTRUCTURING
In case of personnel reduction, the member with the least seniority shall be
released first. No new employees will be hired until the furloughed members have been
given the opportunity to return to work.
If at any point a restructuring causes a decrease in an employee's rank as justified
due to Fire Department adjustments, that person will assume the next available opening
in that rank.
Seniority being considered; skills, qualifications and abilities are the determining
factors. The DEPARTMENT shall be the sole judge of skills, qualifications and ability.
ARTICLE 7 - RULES and REGULATIONS
The rules and regulations and policies of the DEPARTMENT relating in any way
to wages, hours and/or conditions of employment shall be made a part oftllS agreement.
The rules and regulations of the DEPARTMENT as provided in Idaho Code shall be
subject to change by mutual consent.
ARTICLE 8 - INSURANCE
During the term of this Agreement, the DEPARTMENT shall pay 100% of the
employee premiums for health, workman's compensation, dental, life, short & long-term
disability insurance. The DEPARTMENT shall pay the same premium and provide
identical coverage to firefighters for health insurance that is given to other city
employees. that is comparable to coverage in policies, in existence as of the effective date
ofthis agreement. The DEPARTMENT will pay 80% of the same premium for the
family health and dental that it pays for other city employees. plan. This provision will
be reviewed on an annual basis after quotes for insurance are received to determine what
adjustments may be needed to employee contributions to the plan. The DEPARTMENT
further agrees to cover increases in premiums for employees up to 3% not to exceed
$15.00 per month or $180 per year. however adjustment in coverage may be necessary if
premiums quoted are above that amount. Any adjustments will not exceed adjustments
made to other City employees. The DEPARTMENT reserves the right to make changes
in carriers, premiums and provisions of these programs when deemed necessary or
advisable. The City of Meridian agrees to establish an insurance review committee that
will review the employee's insurance coverage on an annual basis and make
recommendations to the City Council. The Union will be given a position for a
representative on this committee.
8.1 - Survivor's Health Insurance or Survivor's Benefits
In the event a Firefighter dies in the line of duty, the DEPARTMENT
agrees to pay 25% accumulated sick leave to the spouse or dependent children (if spouse
is deceased or divorced) as survivors benefits or the DEPARTMENT will pay 25%
accumulated sick leave toward health insurance coverage for the family if insured at the
date of death. Thereafter at their own expense those dependents identified on the health
insurance may continue the coverage under COBRA as required by law not to exceed a
total of36 months.
8.2 - Retirement Benefits
When a Firefighter retires from active duty, the DEPARTMENT agrees to
pay 10% accumulated sick leave toward the health insurance coverage for the retiree.
Thereafter, the retiree may continue the coverage under COBRA as required by law not
to exceed a total of 18 months at their own expense.
ARTICLE 9 - SICK LEAVE
Any employee incurring a non-duty sickness or disability which renders himlher
unable to perform histher duties shall receive sick leave with full pay within bis/her
accumulated sick leave time. Suppression employees shall accrue fourteen (14) hours per
month beginning October 1, 2003. The maximum time accumulated shall be 2920 hours.
Any employee whose employment with the DEPARTMENT is discontinued shall
be paid at his/her regular wage rate for 10% of his/her accrued sick leave. If an employee
is involuntarily terminated by the DEPARTMENT, no pay will be given.
Any employee unable to perform bisther duties for more than three (3)
consecutive shifts due to non-duty sickness or disability shall be required to provide
medical documentation from bis/her attending physician that states the employee is
unable to perform his/her duties. An employee may be required to provide a physician
certificate prior to the use of three (3) consecutive work shifts to ensure compliance with
the provisions of the Family Medical Leave Act. An employee on medical, injury or
incidental leave will not accrue any sick leave benefits for leaves that exceed six (6) or
more consecutive work shifts.
ARTICLE 10 - INJURY LEAVE
Vlhenever an employee is incapacitated on the job, he/she shall be entitled to
injury leave with full pay which includes the wage scale in APPENDIX A, during the
period in which he/she is unable to perform hislher duties or until such time as he/she has
been accepted for retirement by the current retirement system. The period of injury leave
is limited to a maximum of twelve (12) months and any Worker's Compensation benefits
received by the member for total or partial temporary disability during the employee1s
injury leave with full pay shall be turned over to the DEPARTMENT. All employees on
injury leave shall be subject to an examination by a Doctor acceptable to the
DEP ARTMENT.
Whenever a full-time employee is unable to perform his/her FULL DUTIES as a
result of a I1LINE OF DUTyn injury or illness, he/she may be required to report to work
in a LIGHT DUTY status if management determines that light duty work exists or is
available at that time. Management has the right to determine if light duty work exists.
Assigned LIGHT DUTY shall be strictly limited to instructions provided by the
sick/injured employee's medical doctor regarding hislher physical and/or mental status.
He/she must provide a doctor's release to the Chief or hislher designee stating what
functions he/she is able to perform, and for how long (hours per day or per shift, days or
shifts per month, etc.).
Assigned LIGHT DUTY shall in no way endanger, aggravate or prolong the full
physical and/or mental recovery of the sick/injured employee.
LIGHT DUTY shall in no way affect the existing vacation, holiday, sick leave or
other benefit accrual as previously agreed to or provided for by this agreement or by past
practice of the management.
ARTICLE 11 - VACATION
1. All twenty four (24) hour shift employees covered by the terms of this
Agreement shall accrue paid vacation leave on a montWy basis according to the
following schedule:
10/1/2003
a. Zero to four (0-4) years of service
b. Five to nine (5-9) years of service
c. Ten to fourteen (10-14) years of service
d. Fifteen to nineteen (15 ~ 19) years of service
e. Twenty (20) and over
(14) hours/month
(16) hours/month
(18) hours/month
(20) hours/month
(22) hours/month
Maximum hours accrued shall be 600. Any amormt over the maximum
will be lost.
Any employee whose employment with the DEPARTMENT is
discontinued for any reason shall be paid at hislher regular wage rate for all accrued and
accumulated vacation.
INCIDENT AL LEAVE
Incidental leave is defined as vacation leave not previously scheduled during
yearly vacation scheduling planning.
Incidental leave may be granted at the sole discretion of the management of the
DEP ARTMENT and must be taken in not less than four (4) hour increments.
HOLIDAYS
All employees shall accrue and receive eight (8) hours paid leave for each of the
holidays listed below and any additional days recognized by the State of Idaho. All
holiday time shall be in addition to the employee's vacation leave, and shall accrue as
each holiday occurs. All 24 hour shift employees shall have the holiday leave added to
their vacation leave. All employees shall be entitled to ten (10) holidays per year as
listed below:
NEW YEAR'S DAY
PRESIDENT'S DAY
VETERAN1S DAY
INDEPENDENCE DAY
MEMORIAL DAY
LABOR DAY
COLUMBUS DAY
THANKSGIVING DAY
CHRISTMAS DAY
CIVIL RIGHTS DAY
ARTICLE 12 - RELIEF PERSONNEL
The DEPARTMENT will provide qualified relief personnel with full-time
employees. Monday through Friday, if possible. On call personnel will be used first
choice on weekends, if possible.-Sufficient relief personnel shall be used to maintain
normal coverage of each shift period of vacation, holidays, sick leave and fire related
education.
ARTICLE 13-VACANCIES
Any unfilled position caused by termination, retirement, promotion or otherwise,
except for personnel reduction as provided elsewhere in this Agreement, shall be filled
from a hiring list of eligible applicants on file for that position. Promotions and vacancies
for the position of Driver, Captain and any other positions added to the ranks of the
DEPARTMENT which pertain to shift personnel shall be filled from the current ranks of
the full-time personnel of the Meridian Fire Department. After the test is given and if
appropriate training has been provided for the position tested and there are no successful
candidates a second test will be given and if there are still no successful candidates for
these positions, management has the right to hire outside of the Meridian Fire Department
to fill the open position(s). All promotional examinations shall be given and vacancies
filled within 90 days.
It shall be the exclusive responsibility of the DEPARTMENT to determine bona
fide occupational requirements within the meaning of this Article.
ARTICLE 14 - PROMOTIONS
Eligibility tests for promotion and newly created positions shall be based on
examinations given. To be considered for promotion the employee must have served one
continuous year in the previous position.
Examinations will be given once a year for Drivers; and will be given in the
Spring of each year. For the positions of Officers, the examination will be given every
two (2) years in the Spring. An accurate bibliography and scoring criteria for the
positions being tested shall be given to the eligible candidates 90 days prior to the test
date.
In the event of an opening/vacancy for a position in which there are no qualified
candidates on the ClUTent promotion/eligibility list of that position, a special test may be
given, by mutual consent of both parties to fill the vacancy/opening.
All examinations shall be impartial and shall relate to those matters which will
test fairly the candidate's ability to discharge the duties of the position to be filled.
It shall be the exclusive responsibility of the DEPARTMENT to determine bona
fide occupational requirements within the meaning of this Article. The DEPARTMENT
shall be the sole judge of skills, qualifications and ability. Seniority for promotions will
be one-half (1/2) point per year of service up to a maximum of five (5) points.
Promotional examinations shall consist of a written test and assessment center. A
minimum of 70% will be required to pass each portion of the promotional examination.
Seniority points will be added after successfully passing the examination. The following
formula will be used to determine the candidate's final score on promotional
examinations.
Example:
+
/2=
+
81.0% Written Examination
75.0% Assessment Center
78.0%
4.0 Seniority Points (8 years service)
82.0 Final Score
ARTICLE 15 - GRIEVANCE PROCEDURE
Disputes or differences arising between the DEPARTMENT and the UNION
and/or individual members of the Fire Department as to the meaning or application of any
provision of this Agreement or of the Rules and Regulations of the Fire Department (as
provided in article 7), relating in any way to employees' wages, hours and/or conditions
of employment, shall be settled in the manner provided herein. For the purpose of this
provision, such a dispute or difference shall be referred to as a "Grievance."
Step One: Any employee who has a grievance shall notify the Union Grievance
Committee in writing within ten (10) business days from the date of the grievance, or ten
(10) business days from the time the employee, through reasonable diligence, should
have been aware of it. The Union Grievance Committee, hereinafter referred to as
UNION, shall within the next ten (10) business days determine if the grievance has merit.
If in its opinion, the grievance does not have merit, no further action shall be necessary.
Step Two: If it is the opinion of the UNION that a valid grievance exists, the
UNION shall present the grievance in writing to the Fire Chief within ten (10) business
days after their decision. All parties to such discussion will make a good faith effort to
resolve the grievance. The Fire Chief thereafter shall give hislher reply in writing within
ten (10) business days.
Step Three: If the grievance has not been resolved in Step Two, the UNION shall
present the grievance in writing to the DEPARTMENT within ten (10) business days
from the receipt of the Fire Chief's written reply. All parties to such discussion will make
a good faith effort to resolve the grievance. The DEPARTMENT thereafter shall give its
reply in writing within ten (10) business days.
Step Four: Ifthe grievance has not been resolved at the appropriate lower Step(s);
either the UNION or DEPARTMENT may within ten (10) business days refer the
grievance to an Arbitrator by serving written notice upon the other.
The UNION and the DEPARTMENT shall both select an individual to represent
their interests in the grievance process. These individuals may not be members of, or
employees of either the UNION or the DEPARTMENT. These two individuals shall
request Director of the Department of Labor and Industrial Services of the State of Idaho
to supply a list of seven (7) proposed arbitrators, none of the (7) shall be individuals that
have represented either the UNION or the DEPARTMENT. Within five (5) business
days after receipt ofthis list the UNION'S representative and the DEPARTMENT'S
representative shall select an Arbitrator by alternately striking one (1) name at a time
from the list until only one (1) name remains. The party striking the first name shall be
determined by a coin toss. Both parties shall accept the name remaining on the list as the
Lead Arbitrator.
The Arbitration Board shall conduct a hearing and shall render a decision in
writing, which shall be final and binding on both parties, subject only to the parties' right
to seek vacation or modification to the Arbitration Board award pursuant to the
provisions of Chapter 9, Title 7 Idaho Code.
The Arbitration Board shall have only such jurisdiction and authority to interpret
and apply the provisions of this Agreement as shall be necessary to the determin~tion of
the arbitration issue. The Arbitration Board shall not have any power to add or subtract
from, modify or alter in any way, the provisions of this Agreement. The cost of
arbitration shall be borne equally by the DEPARTMENT and UNION.
ARTICLE 16 -NO STRIKES - NO LOCKOUT
Upon the consummation and during the term of this Agreement, no member of the
Fire Department covered by this agreement shall strike or recognize a picket line of any
labor organization while in the performance of his /her official duties, in accordance with
Idaho Code Section 44-1811.
It is mutually agreed that there shall be no strike authorized by the UNION and no
lockout authorized by the EMPLOYER, except for the refusal of either party to submit to
or abide by the grievance procedure set forth herein. No picket line, at or around the
City's property, established by any other person or organization shall be sanctioned or
honored during the term of this Agreement.
The UNION agrees that as part of the consideration for this Agreement, it will,
within twenty-four (24) hours take steps to end any unauthorized work stoppages, strikes,
slow-downs or suspensions of work, instructing their members to work immediately. The
UNION agrees that it will not assist employees participating in unauthorized work
stoppages, strikes, slow-downs or suspensions of work. For purposes of this section, the
term "strike" shall include a cessation or stoppage of work, slow-down, sit-in and
picketing of the City's premises.
ARTICLE 17 ~ UNIFORM ALLOWANCE
All employee uniforms shall meet National Fire Protection Association (N.F.P.A.)
1975 minimum requirements for station uniform wear. The brand, style, materials and
color ofunifonns shall be designated by the Fire Chief.
Under this article the DEPARTMENT shall provide each employee with $725.00
credit per fiscal year for the purchase of station uniform wear. New firefighters will be
given $800.00 credit to purchase uniforms immediately following hislher hire date. On
the firefighter's anniversary date, of the first year of service, the firefighter shall receive
$60.00 credit for each month between the anniversary date and the DEPARTMENT'S
fiscal year end.
Any unused portion of the uniform allowance will be carried over to the following
years uniform allowance.
ARTICLE 18 - HOURS OF WORK AND DESIGNATED WORK PERIODS
The designated work period for all Fire Department personnel covered under this
Agreement shall be on a twenty-seven (27) day cycle with coverage at 216 hours. Under
the Fair Labor Standards Act (FLSA) 204 actual hours worked will be paid at the regular
hourly rate and 12 hours paid at the overtime rate if no excluded hours under the act has
been taken.
The regular work schedule for suppression personnel shall be three (3) shifts on
duty every other day and then four (4) days off. A shift shall be twenty-four (24) hours
of duty, starting at 0700. For illustration purposes, the regular work schedule for
suppression personnel is listed below with an X representing an on-duty shift and a Y
representing an off-duty shift.
xyxyxyyyy
ARTICLE 19 - BEREAVEMENT LEAVE
In the event of a death in the employee's immediate family, he/she shall be
entitled to 24 hours and up to 48 hours leave of absence at the discretion of the Chief.
Additional leave may be granted from accrued vacation leave or unpaid leave of absence.
Sick leave may also be granted at the discretion of the Fire Chief or his/her designee.
The immediate family shall be defined as spouse, child (which shall include a
step-child, foster child or legally adopted child), mother, father, brother, sister,
grandparent, grandchild or in-laws (defined as a father, mother, sister and brother in-law).
ARTICLE 20 - CALL BACK
Any employee reporting for duty while off-duty shall have all of the benefits that
he/she would normally have while on hislher regular tour of duty.
Employees shall receive overtime pay at one and one-half (1 1/2) times hislher
normal rate of pay for all overtime worked. There shall be a minimum of two (2) hours
pay for all call back, overtime, or incidents work. Additional calls during the initial 120
minutes of each call back, overtime, or incident worked will not be further compensated.
Any time worked after the first two hours will be compensated at one-half (1/2) hour
increments, rounded up to the next half-hour. All overtime accumulated by an employee
shall be due and payable on their next pay period.
ARTICLE 21- WORKING OUT OF CLASSIFICATION
All employees of the DEPARTMENT covered by this Agreement and who are
tested as the promotions Article and certified as meeting the eligibility requirements
shall, when circumstances warrant, accept and assume the duties of the position or rank
above that which he/she normally holds. Each employee assuming the higher duties or
rank shall be paid at the wage scale of the higher position or rank, for time worked at the
higher position or rank, utilizing the same standards set forth in CALL BACK.
ARTICLE 22 - EFFECTIVE DATE
This Collective Labor Agreement shall become effective October 1, 2003 and
remain in:full force and effect through September 30,2005.
Tbis Agreement may be reopened at any time for negotiations on any mutually
agreed item(s), pursuant to the procedures set forth in Chapter 18, Title 44, Idaho Code.
ARTICLE 23 - SAVINGS CLAUSE
If any provisions of this Agreement or the application of such provision should be
rendered or declared invalid by any court having jurisdiction, or by reason of any existing
or subsequently enacted legislation, the remaining parts or portions of this Agreement
shall remain in full force and effect.
ARTICLE 24 ~ STAFFING
Sufficient employees shall be maintained on duty and available for response to
alarms. Sufficient employees shall be on duty and available to provide a minimum of one
firefighter, one driver, and one officer per station.
If sufficient employees are not available to meet the minimum staffing
requirements, firefighters shall be retained or recalled as per the RELIEF PERSONNEL
article in this Agreement Units shall not be placed out of service for reasons of
insufficient personneL
ARTICLE 25 ~ SALARIES
Wages for all employees of the Fire Department shall be as fixed and set forth in
APPENDIX A, attached hereto.
ARTICLE 26-MANAGEMENT RIGHTS
The DEPARTMENT shall have the exclusive right to exercise the regular and
customary functions of management, subject to the provisions of this Agreement and
consistent with applicable law and regulations, including, but not limited to: Determining
the DEPARTMENT'S fmancial, budgetary, accounting and organizational policies and
procedures; Directing the activities and operations of the DEPARTMENT; Determining
the levels of service and methods of operations; To create and oversee personnel policies,
rules and regulations not consistent with any other term of this Agreement; The
introduction of new equipment; The right to hire, lay~off, transfer and promote; To
discipline and discharge employees for cause; To determine work schedules and assign
work; To determine job qualifications; To take whatever action may be necessary to carry
out its mission. Provided that nothing in this Article shall nullify: (1) Any provisions
elsewhere in this agreement, or (2) The City's statutory obligation to negotiate with the
Union Pursuant to Chapter 18, Title 44, Idaho Code. Any change or cancellation of any
such right or privilege that is provided within Idaho Code shall be subject to the
grievance procedure.
The terms hereof are intended to cover only minimums in wages, hours, working
conditions, benefits, and other terms and conditions of employment. The City may place
superior wages, hours, working conditions, benefits and other terms and conditions of
employment in effect and may reduce the same to the minimums herein prescribed.
Other: This Article shall not preclude the Union and the City from meeting
during the period of the contract to either (1) discuss procedures for avoiding grievances
and other problems, or (2) generally improving relations between the parties.
ARTICLE 27 - ALCOHOL & DRUG POLICY
The DEPARTMENT and its UNION members agree to abide by the City of
Meridian's Alcohol and Drug Policy_ The policy in effect at the time of the execution of
this contract is included in this agreement as Appendix B. It is agreed that changes made
to this policy, shall not apply to the UNION without written consent of its members.
DATE AND SIGNED this 17~
CITY OF :MERIDIAN
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ATTEST:
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~(Lance Smith)
Vice President
APPENDIX A
All "Firefighter" levels listed below are State ofIdaho Firefighter Certification levels and
must be served in one (1) continuous year, as per the Promotions Article.
Wage Scale~ The job classification and wage rates for the employees covered by this
Agreement shall be as follows:
EFFECTJVE DATES
Job Titles
Introductory Employee
Firefighter I
Firefighter II
Firefighter III
Driver
Captain
10/1/03 (2.5%) 1/31/04 (%TBD) 10/1/04 (3.0%)
2,639 MontWy
3 1.668 Yearly
2,848 Monthly
34,157 Yearly
3,344 Monthly
40.128 Yearly
3,687 Monthly
44.244 Yearly
3,977 Monthly
47.724 Yearly
4,429 MontWy
53.148 Yearly
2,718 MontWy
32.618 Yearly
2,931 Monthly
35.181 Yearly
3,444 Monthly
41.331 Yearly
3,797 Monthly
45.571 Yearly
4,096 MontWy
49,155 Yearly
4,561 Monthly
54.742 Yearly
The Union and the DEPARTMENT agrees to reopen and negotiate the Salaries Article in
the month of January 2004. Increases will be effective, 1/31/04 to 9/30/04 and will be
equal to or greater than other City employees.
Educational Pay: All employees who have furthered their education and have acquired
the following degrees that are related to the fue service, shall be paid the following
amounts monthly in addition to the salaries listed above.
Associate's Degree: $25.00
Bachelor's Degree: $50.00
Master's Degree: $75.00
f .
\
APPENDIX B
CITY OF MERIDIAN
ALCOHOL AND DRUG POLICY
POLICY STATEMENT
In recognition of the harmful effects that the use of illegal drugs and the misuse
of alcohol can have on employees in the workplace, the City of Meridian has a
responsibility to provide and maintain a safe, secure, productive and efficient
work environment free of the use, sale or possession of alcohol and controlled
substances. The City of Meridian is committed to promoting and maintaining a
drug free work environment for our employees, and members of the general
public. Furthermore, the City has an obligation to protect the city's property,
equipment, operations and reputation.
Being under the influence of alcohol or an illegal drug or improper use of a
prescription drug on the job poses serious safety and health risks to the user and
to all those who work with the user. The use, sale, purchase, transfer, or
possession of an megal drug in the workplace, and the use, possession, or being
under the influence of alcohol in the workplace also poses unacceptable risks for
safe, healthful, and efficient operations.
This Drug-Free Workplace Policy is not intended to replace or supercede testing,
reporting, and procedures mandated by federal and state rules, regulations or laws
that relate to the maintenance of a workplace free from alcohol and illegal drugs.
The City requires compliance to this policy as a condition of employment for
qualified applicants or for continued employment for all City employees and
volunteers.
PURPOSE
To outline the goals and objectives of the City of Meridian's drug and alcohol
testing program and provides guidance to supervisors and employees concerning
their responsibilities for carrying out the program. For purpose of this policy
volunteers are stated as employees. This policy applies to all regular full-time,
part-time, introductory, temporary, seasonal or contract employees, volunteer
firefighters, police reserve officers and all job applicants.
AUTHORITY & RESPONSIBILITY
The Human Resources Director shall be charged with administering and interpreting this
policy to the extent necessary to clarify it. Supervisors and department heads are
responsible to ensure compliance to this policy within their areas of responsibility.
1. PROHIBITED ACTIVITIES
A. On-Duty
1. Employees are expected to work alcohol and drug free in order to enable
safe and efficient job performance.
2. The use, sale, distribution, manufacture, purchase, transfer, storage, or
possession of alcohol or illegal drugs, paraphernalia or the unauthorized
use of prescription drugs or any combination thereof, while on City
premises, in City vehicles, while operating City equipment, at ajob site
during work hours or in the scope and course of City employment is
strictly prohibited. Any violation of this policy is grounds for disciplinary
action, up to and including termination.
3. Employees who report to work and are suspected of being under the
influence of alcohol or drugs will not be allowed to drive themselves home
or elsewhere. Refusal to comply with this rule may result in immediate
termination.
4. Department Heads will have authority to determine if the possession of
alcohol, drugs or paraphernalia is within acceptable circumstances or
guidelines.
B. Off-Duty
1. The off-duty conduct of any employee which results in a criminal
conviction for the possession, use, sale, manufacture or distribution of
illegal drugs will be subject to discipline up to and including
termination.
2. Employees who are acquitted will be returned to work with back pay, if
applicable.
3. Any employee convicted of violating a criminal drug statute on or away
from the workplace must inform the City of such conviction (including
pleas of guilty and nolo contendere) within five days of the conviction.
Notification must be made to the employee's supervisor or the Human
Resources Director. Failure to inform the City subjects the employee to
disciplinary action up to and including termination.
II. Medication Prescribed by Physician
The use of drugs/medicine prescribed by a licensed medical practitioner
will be permitted provided that it will not and in fact does not affect
work performance, nor will it impair the employee's ability to safely
operate equipment or machinery. The City reserves the right to have a
licensed medical practitioner who is familiar with the employee's
medical history and assigned duties determine if use of the prescription
drug will produce effects which will increase the risk of injury to the
employee or others while working. If such a fmding is made, the City
may limit or suspend the work activity of the employee during the
period that the medical practitioner advises that the employee's ability
to perform his or her job safely may be adversely affected by such
medication. Any employee who has been informed by histher
physician that the prescription drug could cause adverse side effects
while working must inform histher supervisor prior to using the
medication on the job.
Employees must not consume prescribed drugs more often than as
prescribed by the employee's physician and they must not allow any
other person to consume the prescribed drug.
A. DISCIPLINE
A. Any employee who possesses, distributes, sells attempts to sell, or
transfers any illegal drugs no the City of Meridian's premises or while on
City business will be subject to discipline up to and including termination.
B. Any employee who is found to be in possession of or under the influence
of alcohol in violation oftbis policy will be subject to discipline up to and
including termination
C. Any employee who is found to be in possession of drug paraphernalia in
violation of this policy will be subject to discipline up to and including
termination
D. Any employee who is found through alcohol or drug testing to have in his
or her body system a detectable amount of alcohol or an illegal drug as
defined by this policy will be subject to discipline up to and including
termination. Employees voluntarily participating in an alcohol/drug
rehabilitation program recommended by the EAP will not be subject to
discipline for participating in the program. If the employee is required to
participate in an alcohol and/or drug program the Employee Assistance
Program will notify Human Resources when an employee has completed
the rehabilitation program. Prior to returning back to work an employee
must have a negative test result and after an employee returns to work,
he/she will be subject to unannounced drug and alcohol testing for a
period of six (6) months. A single positive test result or failure to
successfully complete the recommended rehabilitation program will be
grounds for disciplinary action up to and including termination
E. Any employee who refuses to submit to an alcohol or drug test under the
terms of this policy will be subject to discipline up to and including
terminations.
F. Employees who are required to participate in the City's Employee
Assistance Program (EAP) will be subject to termination for the following
policy violations
1. Failure to contact the EAP within five (5) working days after
notification of a positive test result.
2. Refusal or unexcused failure to participate in counseling or the
EAP program.
3. Abandonment of a treatment program prior to completion and
being released.
IV. EMPLOYEE ASSISTANCE PROGRAM & SELF REFERRAL
A. The City recognizes that alcohol and chemical dependency are highly
complex problems that can be successfully treated. Any employee needing
help in dealing with these problems is encouraged to use the City's Employee
Assistance Program (EAP) and the benefits available through the City's
medical plan. The Human Resources Department has brochures and cards on
the EAP program.
B. Self- Referral
1. Rehabilitation assistance in lieu of discharge may be offered.
2. Any employee, who identifies him/herself to have an alcohol or drug
problem, provided that the request is made prior to violation of the
City's alcohol and drug policy. Employees who self refer to the
Employee Assistance Program (EAP) will not be subject to
disciplinary action for voluntarily requesting help due to alcohol &
drug problems. A request for rehabilitation may not be made in order
to avoid the consequences of a positive alcohol or drug test result or to
avoid taking an alcohol or drug test when requested to do so under the
terms of this policy.
3. To an employee who obtains counseling, evaluation and rehabilitation
treatment reconunended through the City's Employee Assistance
Program (EAP).
4. An employee who is in rehabilitation or who has completed
rehabilitation will be allowed to return to work upon presentation of a
written release signed by a licensed physician or recognized
rehabilitation professional. An employee returning to work after
treatment may return to work after taking and passing an alcohol
and/or drug test. Employees who undergo a counseling or
rehabilitation program will be subject to unannounced testing
following completion of such a program for a period of six (6) months.
5. Employees who are referred to outpatient and/or in-patient alcohol or
drug rehabilitation will be expected to do so at their own expense,
(with the exception ofthose expenses covered by the City's health
insurance program) on their own time or during a leave of absence,
covered under the Family Medical Leave Act (FMLA) or during a
non-paid leave of absence approved by the City.
6. Affected employees shall, whenever possible, schedule outpatient
rehabilitation treatment during times that will not conflict with the
employee's work schedule, provided however, employees will be
allowed to use vacation or sick leave, or unpaid leave, if outpatient
rehabilitation treatment cannot be scheduled other than during their
regular work schedule.
C. Involuntary Referral
When an employee tests positive for alcohol or drug use (or is identified as being
under the influence of alcohol or drugs at work) as identified in the City's
Alcohol and Drug policy the employee will be sent to the City's EAP program
for assessment, and treatment planning.
V. EDUCATION
A. Supervisors and other management personnel will be trained in:
1. Overall City policy;
2. Detecting the signs and behavior of employees who may be using
alcohol or drugs in violation of this policy;
3. Recognizing and intervening in situations that may involve
violations of this policy;
4. EAP intervention, procedures and supervisor's role;
5. Documentation of employee performance and behavior.
B. Employees will be trained and informed of:
1. The health and safety dangers associated with alcohol and drug
use;
2. The provisions of this policy through employee meetings and
employee orientation.
VI. TESTING PROCEDURES
A. PRE-EMPLOYMENT TESTING
1. All applicants given a conditional offer of employment will be required to
submit to testing for the presence of alcohol and illegal drugs. The offer of
employment is contingent upon a negative alcohol or drug test result. A
conditional offer of employment will be rescinded for any applicant who tests
positive for the presence of alcohol and illegal drugs.
2. An applicant will be notified of the City of Meridian's alcohol and drug testing
policy prior to being tested; will be informed in writing of his or her right to
refuse to undergo such testing; and will be informed that the consequence of
refusal is tennination of the pre-employment process.
3. An applicant will be provided written notice of this policy, and by signature
will be required to acknowledge receipt and lUlderstanding of the policy.
B. REASONABLE BELIEF TESTING
1. An employee will be tested for alcohol and illegal drugs, or the abuse of
prescription medication, when the employee manifests "reasonable belief'
behavior that would endanger their well being, as well as the safety of fellow
employees or the general public. The basis of suspicion of alcohol or drug
abuse may be a specific, contemporaneous event, or conduct-evidencing
impairment observed over a period of time.
2. An employee who is tested in a "reasonable belief' situation will be put on
administrative leave with pay pending receipt of written tests results and
whatever inquiries may be required.
C. POST-ACCIDENT TESTING
1. Any employee involved in a work-related accident will be tested for the use of
alcohol and illegal drugs, as soon as possible after the accident, preferably
within four (4) hours. Examples of conditions that will require an employee to
take an alcohol and drug test include, but are not limited to, accidents, iliat
result in:
a. A fatality or personal injury to another person requiring transport for
medical treatment away from the site of the accident;
b. Damage to equipment or property owned by the City, or by a third
part, that is estimated to exceed $500.
c. Damage to City vehicles that is estimated to exceed $2000.
2. An employee who is seriously injured and cannot provide a specimen for
testing will be required to authorize the release of relevant hospital reports, or
other documentation, that would indicate whether there were alcohol or drugs
in hisfher system at the time of the accident. Any employee required to be
tested under this section must remain readily available for such testing and the
employee may not consume any alcohol or illegal drugs.
3. Ifit is determined by management iliat an employee's accident was definitely
caused by the actions of another, and that there were no unsafe acts on the part
of the employee, the City reserves the right to waive post-accident testing of
the employee. Employees who are involved in a work-related accident
requiring medical treatment are to immediately inform their supervisor of the
accident, so that any needed alcohol or drug testing may be promptly
conducted in conjunction with their medical treatment.
D. RANDOM TESTlNG
1. Department Heads and employees in sensitive positions will be subject to
random alcohol and drug testing. For purpose of this policy, a sensitive position
will be defined as a position in which the duties that are performed as a regular
part of the job could reasonably expect to affect health, safety and security of
other City employees or the general public.
2. Sensitive positions are those that require an employee to:
a. Carry firearms;
b. Have custodial responsibility for illegal drugs;
c. Perform emergency medical, lifesaving, and! or fire suppression
activities;
d. Have supervision over children in the absence of their parents or adult
guardians;
e. Have access to homes and/or businesses in the City;
f. Handle hazardous materials that if mishandled, place City employees
and/or the general public at risk of serious injury.
3. The job functions associated with these positions directly and immediately relate
to public health and safety, the protection of life, and law enforcement.
4. Random tests will be unannounced and occur throughout the calendar year.
Random selections will be made by a scientifically valid method that will result
in each employee having an equal chance of being tested each time selections
are made. The Human Resources Director will notify the individual's supervisor
and the individual selected for random testing on the same day the test is
scheduled. The supervisor will be notified within two hours ofthe scheduled
testing and the employee will be notified immediately preceding the scheduled
testing. Upon notification, the employee shall proceed immediately to the
testing site and at the City's discretion; employees may be transported or
escorted to the testing site.
5. The annual munber of random tests will be no more than fifteen percent (15%)
of the average number of employees subject to random testing for alcohol and
illegal drugs.
6. In implementing the program of random testing the City shall evaluate
periodically whether the numbers of employees tested and the frequency with
which those tests will be administered satisfies the City goal of achieving a
drug-free work force.
E. VOLUNTARY RANDOM TESTING
As part of the City's alcohol and drug free workplace program, employees not in
designated sensitive positions may volunteer for random testing. Employees who
are interested in participating in this program should contact Human Resources to
obtain a volunteer random consent form. Participation in this program is not a
condition of continued employment with the City and volunteers will be subject to
all provisions, conditions and procedures of the random testing policy.
F. CDL Testing
In compliance with the Department of Transportation (DOT) ruling 49 CFR parts
40 and 382, pre-employment, random, reasonable belief and post accident drug
and alcohol testing shall be required for employees in positions that require a
Commercial Drivers License.
VII. DRUG /ALCOHOL SPECllvfEN COLLECTION/TESTING PROCEDURES
A. Specimen Collection Procedure
1. When hen a prospective or present employee is notified that he/she is to submit
to alcohol and drug testing he/she will be given instructions regarding where and
when to report for tests, or at the City's discretion an employee may be transported
or escorted to the place of collection. A collection specialist who has been trained
in collection procedures will conduct all specimen collections. Testing will be
done in accordance with approved collection procedures.
2. All specimens will be tested for the presence of alcohol and illegal drugs. All
specimens tested for illegal drugs will be done by urine analysis. Alcohol testing
will be done by a Breath Alcohol Technician (BAT) employed by the collection
facility that is trained in operation of an evidential breath-testing device (EBT). If
an individual is unable to take a breath-test due to a medical condition then a blood
test will be administered.
B. Adulteration Or Submission Of Concealed Specimen
1. If during the collection procedure, the collection monitor detects an effort by the
prospective employee or an employee to adulterate or substitute a specimen, a
second specimen will be requested. If a second specimen is provided, both will be
tested. If the second specimen is refused, the collection monitor will inform the
Human Resources Director or hislher designee that the donor refused to submit a
true specimen. Such substantiated conduct will be considered equivalent to testing
positive and the prospective employee will not be offered employment or a present
employee will be terminated from further employment with the City.
2. In the event that a prospective or current employee submits a specimen that the
laboratory later identifies as a diluted specimen, the City will advise the
prospective or current employee of that finding and request that he/she submit a
second specimen. Such donors will be advised by the City not to drink any
fluids prior to the test.
C. Testing and Confirmation
1. The cut-off levels for all Non-Dot testing is as follows:
Drug Class
Amphetamines
Cocaine
Phencyclidine (PCP)
Marijuana
Opiates
Screening
1000 ng/ml
300 ng/ml
25 ng/ml
50 ng/ml
2000 ng/ml
Confirmation
500 nglml
150 nglml
25 nglml
15 nglml
26 nglml
2. The cut-off for alcohol concentration will be on two levels. Any employee who
tests above a level of 0.02 BAC and up to 0.039 BAC may be subject to
discipline, will not be allowed to work for at least 24 hours and must have a
negative test result before returning to work. Any employee who tests at or
above 0.04 BAC is considered to have tested positive and is considered to be
under the influence of alcohol. Positive alcohol tests resulting from the breath
test will include a conftrmatory breath test conducted no later than ftfteen (15)
minutes after-the initial test; or the use of any other confirmatory test can be
used that demonstrates a higher degree of reliability.
3. Any specimen that screens positive for the presence of illegal drugs will be
confumed by the Gas Cbromatography/Mass Spectrometry (GC/MS)
confirmation method. Any employee who tests positive for illegal drugs or
prescription medication may request to obtain an independent test using the
remaining portion of the urine specimen that yielded the positive result. The
retest is at the applicants or employees own expense (unless those expenses
are covered by the City insurance program). This request must be conveyed to
the City within 48 hours of the employee being notified of the positive test
result.
1. During the time the second test is being conducted, the pre-employment selection
process for an applicant will be placed on hold. An employee already working
for the City will not be allowed to work. If the retest reverses the positive result,
the City shall reimburse the cost of the retest and any lost of compensation and
benefits that is incurred as a result of the initial positive test results.
VIII. TEST RESUL T NOTIFICATION
A. All results received from the laboratory will be forwarded to the office of
the accredited collection agency for the purpose of their providing medical
review offtcer services. When a test shows a positive test result the
employee or applicant will be contacted by the Medical Review Officer
(MRO) and will be given the opportunity to provide an explanation for the
positive result. The MRO may choose to conduct employee medical
interviews, review employee medical history, or review any other relevant
biomedical factors. After the employee has been provided an opportunity
to consult with the Medical review officer and the MRO determines that
the test is positive the City will be notified. The collection agency will
only report results to the Human Resource Director or his/her designee.
B. Any employee who is taking a prescription drug that may have been the
cause of a positive test result will be asked to provide the name of the
medication and the identity of the prescribing physician for verification. If
the MRO determines that the positive test result was due to authorized use
of prescription medication, he/she will immediately report a negative
fmding to the Human Resource Director or his/her designee and no further
action will be taken. However, if an employee cannot provide a reasonable
explanation for his/her positive test result, and the Medical Review Officer
(MRO) fmds no reason to doubt the validity of the positive test, the
Human Resources Director or his/her designee will be notified of the
positive test result and disciplinary action vviIl be taken consistent with the
terms of this policy.
IX. REFUSAL
Any employee who refuses to be tested, or fails to provide a specimen or
information as directed under the terms of this policy, will be subject to discipline
up to and including termination.
X. EFFECT OF TESTING POSITIVE
A. Any prospective employee who tests positive for alcohol or illegal drugs will
not be offered employment. Any introductory, temporary or seasonal
employee who tests positive for illegal drugs or alcohol will be terminated.
B. Any classified employee (as defmed under the City of Meridian's employment
classifications) that tests positive for alcohol or illegal drugs, will be subject to
disciplinary action consistent with the terms of this policy. (Refer to the
disciplinary section of this policy).
XI. CONFIDENTIALITY
All information relating to drug or alcohol testing or the identification of persons
as users of alcohol and drugs will be protected by the City as confidential and
given out on a need to know basis, unless otherwise required by law, over-riding
public health and safety concerns, or authorized in writing by the person in
question.
XII. CONCLUSION
The terms of this alcohol/drug free workplace policy are intended to achieve a
work environment where employees are free from the effects of alcohol and/or
drugs. Employees should be aware that the provisions of this policy may be
revised when necessary. The City anticipates that by implementing an alcohol and
drug free workplace policy, its employees will enjoy the benefits of working in a
safer, more secure, and more productive work environment. The City also
anticipates that the provisions of this policy will help maintain and promote the
health, welfare and safety of the general public.
XIII. DEFlNITIONS
Alcohol: means any beverage that contains ethyl alcohol (ethanol), including but
not limited to beer, wine and distilled spirits.
Applicant: Any individual tentatively selected for employment with the City.
City premises or City facilities: for the purpose of this policy means all property
of the City of Meridian including, but not limited to, the offices, facilities, land,
and surrounding areas on the City's owned or leased property, parking lots, and
storage areas. The term also includes the City's owned or leased vehicles and
equipment wherever located.
Drug Paraphernalia: Drug related paraphernalia is any unauthorized material or
equipment or item used or designed for use in testing, packaging, storing,
injecting, ingesting, inhaling, or otherwise introducing into the human body an
unauthorized substance.
Drug testing: means a urinalysis taken for the purpose of detennining whether
drugs are in the person's system.
Employee Assistance Program (EAP): A contract-based counseling program that
offers assessment, short-term counseling, and referral services to employees for a
wide range of alcohol, drug, and mental health problems and monitors the
progress of employees while in treatment.
Illegal drug: means any drug as defined by section 802 (6) of Title 21 of the
United States Code which is not legally obtainable under chapter 13 of that title.
Examples of illegal drugs are cannabis substances, such as marijuana and hashish,
cocaine, opiates, phencyclidine (PCP), and so-called designer drugs and look-
alike drugs or use of a legal drug not prescribed to the employee.
Legal drug: means any prescribed drug or over-the-counter drug that has been
legally obtained and is being used for the purpose for which prescribed or
manufactured.
Medical Review Officer: An independent licensed physician who has knowledge
of substance abuse disorders and the appropriate medical training to interpret and
evaluated all positive test results together with an individual's medical history and
any other biomedical information.
Reasonable belief: means a belief based on objective facts sufficient to lead a
prudent person to conclude that a particular employee is unable to satisfactorily
perform his or her job duties due to drug or alcohol impairment.
Under the influence: means a condition in which a person is affected by a drug or
by alcohol in a detectable manner. A determination of being under the influence can be
established by a scientifically valid test, such as a breath test or urinalysis.
Meridian City Council
February 17.2004
Page 3 of 30
G. Findings of Fact and Conclusions of Law for Approval: AZ 03-
034 Request for Annexation and Zoning of 11.31 acres from RUT
to R-8 and L-Q zones for proposed Razzberrv Crossing by Carl
and Bonnie Reiterman - south of East McMillan Road and west of
North Locust Grove Road:
H. Findings of Fact and Conclusions of Law for Approval: PP 03-
039 Request for Preliminary Plat approval of 34 residential building
lots, 4 professional office lots and 6 common lots on 11.31 acres in
proposed R-8 and L-Q zones for proposed Razzberrv Crossing by
Carl and Bonnie Reiterman - south of East McMillan Road and
west of North Locust Grove Road:
I. Findings of Fact and Conclusions of Law for Approval: CUP
03-062 Request for a Conditional Use Permit for a Planned
Development containing a mix of residential and professional office
uses in proposed R-8 and L-Q zones for proposed Razzberrv
Crossina by Carl and Bonnie Reiterman - south of East McMillan
Road and west of North Locust Grove Road:
J. Request for Approval of letter to Michael Le/US EPA re:
Pretreatment Program
K. Sewer Main Easement for Parkway Subdivision:
L. Union Pacific Railroad Pipeline Crossing Agreement - Black
Cat:
M. Well #26 Production Well- Contract with Hydrolic:
N. Geographic Information Systems (GIS) Hardware, Software,
and Installation Services Contract with HDR:
O. Sr. Citizen ICOBG Professional Service Contract with SAGE:
P Resolution No. 04-421: Fair Housina:
Q. Resolution No. 04-422: Anti-Displacement and Relocation
Assistance Plan:
R. Resolution No. 04-423: Citizen Participation Plan:
S. Resolution No. 04-424: Non-Discrimination on the Basis of
Disability:
T. Resolution No. 04-425: Grievance Procedure:
Meridian City Council
February 17, 2004
Page 4 of 30
u. Resolution No. 04-426: Amendment to the Collective Labor
Agreement, between the City of Meridian and Local #2311
International Association of Fire Fighters.
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the Consent Agenda and that includes Resolution
04-421, 04-422, 04-423, 04-424, and 04-425 and for the Mayor to sign and the Clerk to
attest on all proper papers.
Rountree: Second.
De Weerd: It's been moved and seconded to approve the Consent Agenda with the
specification on the Items P through T for the numbers as stated. Mr. Clerk, will you,
please, call roll.
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALL AYES
Item 6.
Department Reports:
A. Mayor's Office
1. Appointment of P&Z Commissioner:
De Weerd: Thank you. Okay. Item Number 6, Department Reports. I have the first
report. I would like to appoint Wendy Huckabay to the Planning and Zoning
Commission. Wendy is here with us. Wendy, you want to stand up? Wendy will be our
citizen at large on our Planning and Zoning Commission and she does understand it's a
six year term, much longer than the terms you serve, so -- and I didn't break her arm by,
you know, getting her to do this. Thank you for joining us, Wendy. You each should
have received a copy of her letter of interest and her resume. We did have the two
Planning and Zoning Commissioners, Keith Borup and David Zaremba, as well as
Council President Nary, sit down and interview a couple of the applicants that would fill
the at-large seat and we extended the offer to Wendy to join our Commission. Is there
any question?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
** TX CONFIRMRTION REPORT **
RS OF FEB 17 '04 16:20 PRGE.01
CITY OF MERIDIAN
DRTE TIME TO/FROM MODE MIN/SEC PGS CMDJ:f STATUS
07 132/17 15:42 PUBLIC WORKS EC--S 00' 38" 0132 137 OK
138 02/17 15:44 8841159 EC--S 00'37" 1302 137 OK
09 132/17 15:45 2088840744 EC--S 00'37" 002 137 OK
113 132/17 15:46 POLICE DEPT EC--S 00'37" 002 137 OK
11 02/17 15:47 8985501 EC--S 00' 37" 002 137 OK
12 132/17 15:49 LIBRARY EC--S 00'44" 002 137 OK
13 02/17 15:50 92083776449 EC--S 00' 37" 0132 137 OK
14 02/17 15:51 2138 388 6924 EC--S 00'43" 1302 137 OK
15 02/17 15:53 2088886854 EC--S 00'37" 002 137 OK
16 132/17 15:54 2138 895 0390 EC--S 130'37" 002 137 OK
17 02/17 15:55 1283130040 G3--S 00'46" 002 137 OK
18 02/17 15:56 208 387 6393 EC--S 00'35" 002 137 OK
19 02/17 15:57 ADA CTY DEUELMT G3--S 01' 113" 002 137 OK
20 02/17 15:59 8885052 EC--S 00'36" 002 137 OK
21 02/17 16:00 CHERRY LANE G3--S 01'13" 002 137 OK
22 02/17 16:02 POST OFFICE EC--S 01'00" 002 137 OK
23 02/17 16:04 IDAHO ATHLETIC C EC--S 00' 36" 002 137 OK
24 02/17 16:05 ID PRESS TRIBUNE EC--S 00'36" 002 137 OK
25 02/17 16:06 2088886701 EC--S 00'35" 12102 137 OK
26 02/17 16:11 3810160 EC--S 00'55" 12102 137 OK
30 02/17 16:20 LEGAL DEPRRTMENT ----5 1210' 00" 000 137 BUSY
THIS DOCUMENT IS STILL IN MEMORY
--~---------------------------~------------~-~---------------------------------------~------
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M^YOR
Tammy de WeeI'd
CITY COUNCIL MEMBE.R.S
Sht1.ul\ Wardle
William r.. M. Nilry
Charles M. Rountree
Keith Bird
LEGAL DEPARTMENT
(208) 466-9272 . FAX 466-4405
PARKS &. RECREATION
(208) 888-3579 . Fax 898-5501
PUBLIC WORKS
(208) 898-5500' Fax S87-1297
BUILDING DEPARTMENT
(208) 3~7-2211 . Fall 887-1297
PLANNING & ZONING
(20B) 884--5533 . Pox 888-6&54
NOTICE OF SPECIAL MEETING J WORKSHOP
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
... will hold a Special Workshop at Meridian Police Department, 1401 East
Watertower, Meridian, Idaho, on Wednesday, February 18th, 2004 at 8:30 a.m.
The Meridian Citv Council will be discussinn ::\nrl t'p\liO\l"inn +h"" f:...... ~h.'" _...._a.~~:-
~eCtS-c. t:hf\~ fOr ?Llb\\G f\)D~LYh -\n(tjf\.1CQt'
CITY OF MERIDIAN
CITY COUNCIL SPECIAL MEETING I WORKSHOP
AGENDA
Wednesday, February 18, 2004
at 8:30 a.m.
Meridian Police Department
1401 East Watertower
Meridian, 10
1.
Roll-call Attendance:
Charlie Rountree
Shaun Wardle
Mayor Tammy de Weerd
Bill Nary
Keith Bird
2. Adoption of the Agenda:
3. Discussion and Review of the Strategic Plan, Missions, Visions, Goals,
Objectives, Challenges and Action Issues for the City of Meridian:
Meridian City Council Special Meeting I Workshop Agenda - February 16, 2004 Page 1 of 1
All materials presented at public meetings shall become property ofthe City of Meridian.
Anyone desiring accommodation for disabUities related to documents andlor hearings. please contact the City
Cierk's Office at 888-4433 at least 48 hours prior to the public meeting.
(
CITY OF MERIDIAN
CITY COUNCIL SPECIAL MEETING I WORKSHOP
AGENDA
VVednesday,February18,2004
at 8:30 a.m.
Meridian Police Department
1401 East Watertower
Meridian, 10
1.
Roll-call Attendance:
Charlie Rountree
Shaun Wardle
Mayor Tammy de Weerd
Bill Nary
Keith Bird
2. Adoption of the Agenda:
3. Discussion and Review of the Strategic Plan, Missions, Visions, Goals,
Objectives, Challenges and Action Issues for the City of Meridian:
Meridian City Council Special Meeting I Workshop Agenda - February 18, 2004 Page 1 of 1
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
P\eas( PO~t- +q" 'PLlblf~ tJot-l( C-;- man llJtJ
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M'-" i
cMe;;dl;~-.; .
IDAHO
"
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V
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1.'/
/oy
if
: ! ~~'8~
LEGAL DEPARTMENT
(208) 466-9272 . FAX 466-4405
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 & ZONING
(208) 884-5533 . Fax 888-6854
Tammy de Weerd
CITY COUNCIL MEMBERS
Shaun Wardle
William L. M. Nary
Charles M. Rountree
Keith Bird
NOTICE OF SPECIAL MEETING I WORKSHOP
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
.. will hold a Special Workshop at Meridian Police Department, 1401 East
Watertower, Meridian, Idaho, on Wednesday, February 18th, 2004 at 8:30 a.m.
The Meridian City Council will be discussing and reviewing the for the strategic
plan as well as the missions, visions, goals, objectives, issues and
actions for the City of Meridian.
The public is welcome to attend.
d-~~4
WILLIAM G. BERG, J
DATED this 16th day of February, 2004.
Meridian City Council Special Meeting I Workshop - February 18, 2004
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and I or hearing, please
contact the City Clerk's Office at 888~4433 at least 48 hours prior to the public meeting.
33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 . (208) 888-4433
City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813
(
Police Officer
OFFICIAL OATH
I, (state your name), do solemnly swear or affirm that I will support the
Constitution of the United States, and the Constitution and laws of the State
of Idaho, and the laws and ordinances of the City of Meridian; that I will
abide by the Law Enforcement Code of Ethics and the Policies and
Procedures of the Meridian Police Department; that I will obey the lawful
orders and directives of those appointed over me; and that I will, to the best
of my ability, faithfully discharge all the duties of the office of Police
Officer in and for the City of Meridian, Idaho, so help me God.