HomeMy WebLinkAbout2004-10-19
"'''' TX CO: MATION REPORT ** AS OF OCT 15 t: 17 PAGE. 131
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMDI! STATUS
131 10/15 16:49 3886924 EC--S 131'07" 004 123 OK
132 10/15 16: 51 2008886854 EC--S 01'138" 1304 123 OK
03 10/15 16:53 ALL AMERICAN INS EC--S 131'07" 004 123 OK
04 10/15 16:55 12830131340 G3--5 01'32" 004 123 OK
05 113/15 16:57 2138 387 6393 EC--S 01'138" 13134 123 OK
06 10/15 16:59 ADA CTY DEVELMT EC--S €l1'09" 004 123 OK
€l7 113/15 17:131 88851352 EC--S 01'138" 13134 123 OK
138 10/15 17:132 CHERRY LANE G3--S 02'28" 1304 123 OK
139 113/15 17:136 IDAHO ATHLETIC C EC--S 131'138" 13134 123 OK
113 113/15 17:137 ID PRESS TRIEUNE EC--S 01 '08" 1304 123 OK
11 113/15 17'139 213888867131 EC--S 131' 138" 131214 123 OK
12 10/15 17:14 381131613 EC--S 131 '59" 004 123 OK
13 113/1517:1620889513390 EC--S 01'138" 0134 123 OK
yltnll \btt~ ~ U\JJ~\G rJO\\Lt.-- \ VlCAJI,U~
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, October 19,2004 at 5:30 p.rn.
City Council Chambers
1. RoIl-call Attendance:
Shaun Wardle Christine Donnen
Charlie Rountree _ Keith Bird
_ Mayor Tammy de Weerd
2. Adoption of the Agenda:
3. Update on Downtown Meridian Transportation Management Plan:
(*3D minutes)
4. Transportation Task Force Recommendations for TIP FY05:
(* !i minutes)
S. Discussion of Odor Control Stum!.:
r45 minutes)
6. Discussion of TVlV Treasure Valley Public Access TeleYision:
(*5 minutes)
It Approximate allowable time set for agenda Item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Pr&-CoUI1l:;II\gMda -O<;lober 1~.;1004 P(tQ(! 1 011
AU materials presented at public rneeting6!l1lel1 bIlc/:IIne pn>pefty rA lhIl City of M<!fldlo.n.
Anyone <leolring _mo<lallon fordiRbiities reRted fD ~ 31C1'or healfOllG
pilla'"'" contacl Ole CIIy CI~Ik's 0lIice atll8ll-4C3 at lelIliI <l8 hourlI prior 10 IlNl public me<!ling.
~~"~ I(ott~ ~u~~\q\()"Q-~CVv\6t,~
CITY OF MERIDIAN
PRE..cOUNCIL MEETING
AGENDA
Tuesday, October 19,2004 at 5:30 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle Christine Donnell
Charlie Rountree Keith Bird
Mayor Tammy de Weerd
2. Adoption of the Agenda:
3. Update on Downtown Meridian Transportation Management Plan:
(*30 minutes)
4. Transportation Task Force Recommendations for TIP FY05:
(* 5 minutes)
5. Discussion of Odor Control Study:
(*45 minutes)
6. Discussion of TVTV Treasure Vallev Public Access Television:
(*5 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 - October 19, 2004 Page 1 of 1
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 8884433 at least 48 hours prior to the public meeting.
;r.j
l.. .
Revised October 19, 2004
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 19, 2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
X Shaun Wardle 0 Christine Donnell
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance: Jeff Lavey & Gary Scheihing
3. Community Invocation by Joe Anderson, with Cole Community
Church: Presented
4. Adoption of the Agenda: Approve
5. Consent Agenda:
A. Findings of Fact and Conclusions of Law for Approval: AZ 04-
021 Request for Annexation and Zoning of 10 acres from RUT to
R-8 zone for Arcadia Subdivision by C7 Development - 3665
Jericho Road: Approve
B. Findings of Fact and Conclusions of Law for Approval: PP 04-
028 Request for Preliminary Plat approval for 33 single family
residential building lots and 3 common lots on 10 acres in a
proposed R-8 zone for Arcadia Subdivision by C7 Development-
3665 Jericho Road: Approve
C. Findings of Fact and Conclusions of Law for Denial: V AR 04-
006 Request for a Variance from MCC 11-10-6 to allow a
childcare/preschool for five or fewer children to be operated in a
required garage area of a single-family home in an R-4 zone for
Earl and Donna Bohrn by Earl and Donna Bohrn - 1451 North
Santa Rosa Place: Approve
D. Findings of Fact and Conclusions of Law for Approval: M104-
010 Request to a modify the hours of operation approved
previously under CUP 01-016 from 8 am to 10 pm Monday thru
Saturday and 9 am to 9 pm Sunday to 6 am to 10 pm seven days a
Meridian City Council Agenda - October 19,2004 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 andlor hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
(
Revised October 19, 2004
week for Cherry Crossing Subdivision by Robnett Construction,
Inc. - northwest corner of West Cherry Lane and North Linder
Road: Approve
E. Findings of Fact and Conclusions of Law for Approval: M104-
009 Request to allow a one-time lot division to separate an un-
platted parcel into two parcels in an I-L zone for Joe Pachner by
Joe Pachner - 850 West Franklin Road: Approve
F, Findings of Fact and Conclusions of Law for Approval: M104-
008 Request to modify the condition of the approved Preliminary
Plat regarding the 5-foot wide asphalt pathway within Nampa
Meridian Irrigation District's easement for Castlebrook
Subdivision No.3 by Liberty Development, Inc. - east of North
Black Cat Road and south of West Cherry Lane: Approve
G. Award of Bid for 2004 McMillan Water Extension Proiect to
Masco, Inc. for $326,075: Approve
H. Resolution No, 04-446 Establishing Appointments
for Board Members and Alternates to the Vallev Ride Regional
Transportation Authority: Approve
I.
Resolution No.
04-447
: Public Works Fees: Approve
J, Order to Remand back to Planning and Zoning Commission
for Ventana Subdivision, AZ 04-019, PP 04-026, and CUP 04-
028: Approve
K. Water Easement for Pioneer Holding, Co.: Approve
6. Department Reports:
A. Public Works Department - Brad Watson
1.
Quenzer Commons Condominium Plat:
October 26, 2004 Meeting
Table to
B. Police Department - Chief Musser
1. Update on K-9 Building: Presented
C. Mayor's Office
1. Appointment to Parks and Recreations Commission:
Approve - Appoint Matthew Ellsworth
Meridian City Council Agenda - October 19,2004 Page 2 of 4
All materials presented at public meetings shall become property oftlle 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 October 19, 2004
D. City Attorney - Bill Nary
1. Discussion of Hiring Additional Staff (Deputy City
Attorney and Paralegal): Continue I Proceed
2. Budget Related Items I Report: Approve 1.5 % cost of
living with exception
7. (Items Moved from Consent Agenda): None
8. Public Hearing: AZ 04-024 Request for Annexation and Zoning of 47.66
acres from RUT to R-4 zone for proposed Silverleaf Subdivision by
Centennial Development, LLC - 2683 West Chinden Boulevard: Prepare
Findings of Fact and Conclusions of Law for Approval
9. Public Hearing: PP 04-031 Request for Preliminary Plat approval for 143
single-family residential building lots and 19 common lots on 47.66 acres
in a proposed R-4 zone for proposed Silverleaf Subdivision by
Centennial Development, LLC - 2683 West Chinden Boulevard: Prepare
Findings of Fact and Conclusions of Law for Approval
10. Public Hearing: CUP 04-033 Request for a Conditional Use Permit for a
Planned Development consisting of a school lot and single-family
residential lots with reductions to the minimum requirements for lot size
and street frontage for proposed Silverleaf Subdivision by Centennial
Development, LLC - 2683 West Chinden Boulevard: Prepare Findings
of Fact and Conclusions of Law for Approval
11. Public Hearing: AZ 04-023 Request for Annexation and Zoning of 76.72
acres from RUT to R-4 zone for proposed Kingsbridge Subdivision by
Vision First, LLC - 4070 South Eagle Road: Continue Public Hearing to
November 3, 2004
12. Public Hearing: CUP 04-032 Request for a Conditional Use Permit for a
Planned Development consisting of single-family residential lots with
reductions to the minimum requirements for lot size, street frontage and
request to exceed the maximum block length allowed for proposed
KinQsbridQe Subdivision by Vision First, LLC - 4070 South Eagle Road:
Continue Public Hearing to November 3,2004
13. Water, Sewer and Trash Delinquencies: Approve
14. Ordinance No. 04-1111 : RZ 04-010 Request for a Rezone of
.68 acre from R-4 to an O-T zone for Mittleider Rezone by Leon Smith -
125 West Cherry Lane and 1645 West 1st Street: Approve
Meridian City Council Agenda - October 19,2004 Page 3 of 4
All materials presented at public meetings shall become properly of the City of Meridian.
Anyone desiring accommodation for disabilities reluted to documents and/or hearings
please contact the City Clerk's Officc at 888-4433 at least 48 hours prior to the public meeting.
/
\.
Revised October 19, 2004
15. Executive Session per Idaho State Code 67-2345(1)(c): No Decision
Meridian City Council Agenda - October 19, 2004 Page 4 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 Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
{
Re'flsed October 19, 2004
CITY OF MERIDIAN
CITY COUNCil REGULAR MEETING
AGENDA
Tuesday, October 19, 2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
X Shaun Wardle 0 Christine Donnell
X Charlie Rountree )( Keith Bird
x: Mayor Tammy de Weerd
,
2. Pledge of Allegiance: :re.f~ t~ v!d i t:,a.-J-'j SeA ei Aih-j
3. Community Invocation by Joe Anderson, with Cole Community
Church: ~
4. Adoption of the Agenda: ~ v~
5. Consent Agenda:
A. Findings of Fact and Conclusions of law for Approval: AZ 04-
021 Request for Annexation and Zoning of 10 acres from RUT to
R-8 zone for Arcadia Subdivision by C7 Development - 3665
Jericho Road: ap~~
B. Findings of Fact and Conclusions of law for Approval: PP 04-
028 Request for Preliminary Plat approval for 33 single family
residential building lots and 3 common lots on 10 acres in a
proposed R-8 zone for Arcadia Subdivision by C7 Development -
3665 Jericho Road: #'/r ~
C. Findings of Fact and Conclusions of law for Denial: VAR 04-
006 Request for a Variance from MCC 11-10-6 to allow a
childcare/preschool for five or fewer children to be operated in a
required garage area of a single-family home in an R-4 zone for
Earl and Donna Bohrn by Earl and Donna Bohrn - 1451 North
Santa Rosa Place: A"lpt"f? ~
D. Findings of Fact and Conclusions of law for Approval: M104-
010 Request to a modify the hours of operation approved
previously under CUP 01-016 from 8 am to 10 pm Monday thru
Saturday and 9 am to 9 pm Sunday to 6 am to 10 pm seven days a
Meridian City Council Agenda-October 19,2004 Page 1 of3
All materials presented at public meetings shall beoome 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.
("
Revised October 19, 2004
week for Cherry Crossina Subdivision by Robnett Construction,
Inc. - northwest corner of West Cherry Lane and North Linder
Road: cvpj>rovt<-
E. Findings of Fact and Conclusions of Law for Approval: M104.
009 Request to allow a one-time lot division to separate an un-
platted parcel into two parcels in an I-L zone for Joe Pachner by
Joe Pachner - 850 West Franklin Road: ~ y'\oV'
F. Findings of Fact and Conclusions of law for Approval: M104.
008 Request to modify the condition of the approved Preliminary
Plat regarding the 5-foot wide asphalt pathway within Nampa
Meridian Irrigation District's easement for Castlebrook
Subdivision No.3 by Liberty Development, Inc. - east of North
Black Cat Road and south of West Cherry Lane: ~V'-"
G. Award of Bid for 2004 McMillan Water Extension Proiect to
Masco, Inc. for $326,075: 77'f); v"...c.....
H. Resolution No. CJ4 - 4-4-6 Establishing
Appointments for Board Members and Alternates to the Vallev
Ride Reoional Transportation Authority: ~~
I.
Resolution No. 04- -1'1-7
: Public Works Fees: ~r/'..fL"
J. Order to Remand back to Planning and Zoning Commission
for Ventana Subdivision. AZ 04"()19, PP 04"()26, and CUP 04-
028: ~
K. Water Easement for Pioneer Holdim:w. Co.: ~o vt..e.-
6. Department Reports:
A.
Public Works Department - Brad Watson
B.
1. Quenzer Commons Condominium Plat:
~bfL.frJ / /l- 2-6 -I) 4-
Police Department - Chief Musser
1. Update on K-9 Buildino: ;>r.eJ~
Mayor's Office
C.
1. Appointment to Parks and Recreations Commission:
ttr/~ln,.()~ ~IJI)/Nf- /h/f/l/Mvv EIIs-wprtJ....,
City Attorney - Bill Nary
D.
Meridian City Council Agenda - October 19, 2004 Page 2 of3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring acconunodation for disabilities related to documents and/or hearings
please contact the City Cleric's Office at 888-4433 at least 48 hours prior to the public meeting.
7.
8.
9.
10.
11.
12.
13.
14.
15.
/
(
Re~lsed October 19, 2004
1. Discussion of Hiring Additional Staff (Deputy City
Attorney and Paralegal): c 1Y1v7}J;;~ / pro ~d-
2. Budget Related Items I Report:
~f7rrofl'l<. 1.5'07 Ct9Jr ()-/' /t'v;'^.J f/'P'/.,f'1C ("~pnlr)....r
(Items Moved from Consent Agenda): /'lr01t~
Public Hearing: AZ 04..()24 Request for Annexation and Zoning of 47.66
acres from RUT to R-4 zone for proposed Silverleaf Subdivision by
Centennial Development, LLC - 2683 West Chinden Boulevard:
~plVVL ,p/~ rf c(.( An-- app7't9v~
Public Hearing: PP 04-031 Request for Preliminary Plat approval for 143
single-family residential building lots and 19 common lots on 47.66 acres
in a proposed R-4 zone for proposed Silverleaf Subdivision by
Centennial Development, LLC - 2683 West Chinden Boulevard:
fr.fl/~ -FlF fell..fiJy- ~vd
Public Hearing: CUP 04-033 Request for a Conditional Use Permit for a
Planned Development consisting of a school lot and single-family
residential lots with reductions to the minimum requirements for lot size
and street frontage for proposed Silverleaf Subdivision by Centennial
Development, LLC - 2683 West Chinden Boulevard:
~ptvU riP f cl...e IH- a-PJ?fi/vetR
Public Hearing: AZ 04..()23 Request for Annexation and Zoning of 76.72
acres from RUT to R-4 zone for proposed Kinasbridae Subdivision by
Vision First, LLC - 4070 South Eagle Road: Ct;7n,--hh~ fq 11- ~- tJ 4-
Public Hearing: CUP 04~032 Request for a Conditional Use Permit for a
Planned Development consisting of single-family residential lots with
reductions to the minimum requirements for lot size, street frontage and
request to exceed the maximum block length allowed for proposed
Kinasbridae Subdivision by Vision First, LLC - 4070 South Eagle Road:
Ct7Yl,;nhkoL fo /1-1-01-
Water, Sewer and Trash Delinquencies: Itf7PYtJ vW
Ordinance No. 04- - I / I I RZ 04-010 Request for a
Rezone of .68 acre from R-4 to an O-T zone for Mittleider Rezone by
Leon Smith -125 West Cherry Lane and 1645 West 1st Street: ~V1<-
Executive Session per Idaho State Code 67-2345(1)(c):
/l t7 d.eOIJ/~
Meridian City Council Agenda - October 19,2004 Page 3 of3
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.
October 15, 2004
MERIDIAN CITY COUNCIL MEETING
October 19, 2004
ITEM NO.
5-H
APPLICANT
REQUEST Resolution - Establishing Appointments for Board Members and Alternates to the
Valley Ride Regional Transportation Authority
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 Resolution
#{l,;U
[94' /446
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
CITY OF MERIDIAN
RESOLUTION NO. 04-
44-6
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN, ESTABLISHING APPOINTMENTS FOR BOARD MEMBERS AND
ALTERNATES TO THE V ALLEYRIDE REGIONAL TRANSPORTATION
AUTHORITY.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, the City of Meridian by the passage of Resolution No. 04-418 on
January 20, 2004 designated representatives to serve as primary and alternates for the
ValleyRide Regional Transportation Authority; and
WHEREAS, due to changes of members of the City Council and staff warranted the
need to change the designated primary and alternate representatives; and
WHEREAS, Idaho Code 40-2106(3) states board members shall be appointed by
resolution of the appointing agency;
NOW, THEREFORE, BE IT RESOLVED by the City of Meridian and the City
Council, pursuant to Idaho Code 40-2106, that the following persons be appointed to the
ValleyRide Regional Transportation Authority Board:
Councilmember Christine Donnell as a primary representative
P&Z Commissioner David Zaremba as a primary representative
City Attorney William L.M. Nary as an alternate representative
Principal City Planner Brad Hawkins-Clark as an alternate representative
Resolution - ValleyRide Board Appointments
Page 1 of2
IT IS FURTHER RESOLVED that this Resolution shall be in full force and effect
immediately upon its adoption and approval.
ADOPTED by the City Council of Meridian, Idaho
d? v/19 6-vv
I q f-.{ day of
,2004.
APPROVED by the Mayor ofthe City of Meridian, Idaho, this
/9 f"!J: day of
tPc;!lf' ~
, 2004.
APPROVED:
~~~
MAYOR
ATTEST:
Resolution - ValleyRide Board Appointments
Page 2 of2
MONTH: A "month'1 as used herein shall mean the period between scheduled water
meter readings. The City will, as nearly as possible, schedule the water meter readings
thirty (30) days apart.
MULTIPLE BUILDING DEVELOPMENT: Includes the various types of developments
that would have common or joint ownership areas such as condominiums, townhouses,
mobile home parks or courts, shopping centers, professional offices, etc.
MUNICIP AL WATER SYSTEM: Includes all components and facilities of the public
water system that are owned, operated, or maintained by the City of Meridian, Idaho, for
domestic and other uses.
OVERSIZED MAIN: Any water main which is required to have a larger inside diameter
than is necessary based on the estimated flow of the service area for which the main is
being installed.
OWNER: Refers to the property owner that is served by the Municipal water system or
desires to be served by the Municipal water system.
PERSON: Any individual, firm, company, association, society, corporation or group.
PRIVATE FIRE SERVICE CONNECTION: A separate and independent connection
from the Municipal water main that COlmects directly to a sprinkler system or fire-control
device that has been, or is to be, installed in any building for the purpose of fire control
within the specific building and said connection is to be for no other purpose.
PRIVATE WATER SERVICE LINE: The portion of the water service line that runs from
the building being served to the point of connection with the water meter.
PRIV ATE WATER SYSTEM: Any water system for domestic use that is not owned,
operated and maintained by the City of Meridian, Idaho.
PROPERTY: Refers to all property, whether privately or publicly owned, within the
service limits ofthe Municipal water system excluding therefrom lands that have been
dedicated for public street or highway rights of way.
PUBLIC WATER SERVICE LINE: See definition of City Water Service Line in this
Section.
SHALLIMA Y: ItShaW' is mandatory; IImay" is permissive.
SPRINKLER IRRIGATION: Refers to any system for the purpose of watering lawns,
gardens, shrubs, trees, etc., as they are normally grown in the out-of-doors or open
spaces.
Water Use and Service Revision Ordinance
Page 3 of29
SUPERINTENDENT: The Superintendent of the City Waterworks is the individual
appointed by the City Council to be in charge of, and oversee, the water system; he shall,
under the direction of the City Engineer and City Council, have charge of the Municipal
water supply system. The Superintendent's duties shall include but not be limited to:
maintenance, operation, supervision andlor inspection of all additions or modifications.
The Superintendent shall report, on a regular basis, to the City Engineer the condition of
the Municipal water system.
UNAUTHORIZED WATER USER: Any person who makes any use ofthe Municipal
water system or the water delivered thereby who is not an authorized water user or who
improperly or illegally uses the water system, or who causes damage or injury to the
system in any fashion.
UNIFORM PLUMBING CODE: The most currently adopted edition of the Uniform
Plumbing Code.
WATER MAIN: Any pipe line owned by the City for the purpose of transportation
andlor distribution of water to serve more than one water service line or user. (Ord. 273,
1-6-1975, eff. 2-1-1975; amd. Drd. 374, 7-7-1980; Ord. 476, 4-21-1987)
9-1-3: APPLICATION OF CHAPTER; CITY AUTHORITY:
A. Application: The provisions of this chapter shall apply to all property within the
corporate limits of the City, and any special users outside of the corporate limits of
the City, including all property owned or occupied by the United States of America,
the state ofIdaho, and Ada County. (Ord. 273, 1-6-1975, eff. 2-1-1975)
B. City Authority: The water system for the supply ofthe City shall be under the sole
and exclusive control ofthe mayor and council, who may, from time to time, direct
the construction of such works, placing of mains, service pipes and fire hydrants, as
the necessities ofthe City may require. (Ord. 476,4-21-1987)
9-1-4: USE OF CITY WATER REQUIRED:
A. Connection To City System: The owner or occupant of any house, building or
property used for residential, commercial, industrial, govenunental or recreational
use, or any other purpose, situated within the City which is abutting on or having a
permanent right of access to any street, alley or right of way in which there is located
a City water line is hereby required to cease using any other water system and at his
expense to connect such building directly with the City water in accordance with the
provisions of this chapter, within sixty (60) calendar days after the date of official
notice from the City to do so; provided, however, that said City water is within three
hundred feet (300') of any property line where said building to be served is located.
B. Disconnection Of Private System Required: At such time as the Municipal water
system becomes available to the property served by the private water system, and the
Water Use and Service Revision Ordinance
Page 4 of29
owner or tenant connects his property to Municipal service as required, it is
mandatory that the private water supply is not connected or cross connected in any
way to the water lines served by the City water system. The disconnection ofthe
private water supply line shall be inspected and approved by the waterworks
superintendent or his designated representative. (Ord. 622, 10-5-1993)
9-1-5: APPLICATION FOR WATER SUPPLY:
A. Application Required: Whenever any person desires to obtain a supply of water from
the City waterworks, he shall apply to the Public Works Department for service and
agree to be governed by such rules and regulations not inconsistent with this chapter,
as may be prescribed by the mayor and City Council for the control of the water
supply.
B. Contents Of Application; Grant Of Application:
1. New Construction: The applicant must state the location, type of building, and uses
therein, and fully and truly state the pUt1Jose for which the water is to be used, and
shall furnish a set of floor plans showing all water uses and a site plan if the water is
to be used for irrigation. lfthe application is granted, the Public Works Department
may authorize the extension, at the expense of the applicant, and at no expense to the
City, the service pipe and meter tile, meter yoke, meter tile lid, curb stop and any
other fittings that are necessary to install service to the inside line of the curb at the
point most convenient for supplying the applicant.
2. Existing Water Service: In the case of an existing water service connection, ifthe
real property or improvement is sold or otherwise transferred, the person entitled to
possession shall make application to the Municipal Billing Department to transfer the
account, and shall supply the department with all information requested by the
department.
3. Third Party Billing: After establishing an account for water service, a property
owner may direct that a third party, such as a property management company, or a
tenant, receive the billing for water, sewer, and solid waste collection services. The
third party to whom the billings are sent shall also execute such documentation as is
necessary to confirm the billing information. In the event such an account becomes
delinquent, the Municipal Billing Department shall send a delinquency notice to the
billing recipient, and the owner, at the addresses contained in the agreements. The
City will charge a third party billing account set up fee which must be paid at the time
ofthe application. The fee will be set by resolution of the City Council. The third
party billing agreement shall also provide that the property owner remains primarily
responsible for charges assessed to the account, and further, that all unpaid charges
constitute a lien against the real property. An owner may appoint an agent, to act for
the owner, to establish an account, receive billings, or do anything else an owner may
do, or be required to do, pursuant to this code.
Water Use and Service Revision Ordinance
Page 5 of29
C. Street Paving: In cases where street paving is contemplated, the abutting property
owners must either connect their premises with the water mains before the trench is
backfilled or pay the cost of service from the main to curb if made thereafter. (Ord.
03-1044,9-23-2003)
9-1-6: POINT OF LIABILITY FOR MAINTENANCE:
A. User Responsibility: All users shall have the responsibility of, and be liable for, and
shall pay for, all costs and expenses of maintaining their own water service line(s)
extending from the property improvement to a point of connection to the water meter
yoke. This point of connection may be inside or outside of the meter tile depending
on the length of the meter yoke tail. The City's responsibility for maintenance of the
individual user service line(s) extends from the point of connection at the water main
to the point of cOlU1ection of the yoke to the property improvement service line.
B. Damage To Water System: Responsibility for damage to the City water system is as
outlined in subsection 9-1-34B of this chapter.
C. Nonconflicting Provisions: This section shall not be construed to be in conflict with
section 9-1-33 of this chapter. (Ord. 565, 12-3-1991)
9-1-7: WATER SERVICE CONNECTIONS AND WATER LINES:
All materials and workmanship in the installation of private water service lines and
connections to the City water service line shall conform to the following regulations:
(Ord. 273, 1-6-1975, eft. 2-1-1975)
A. Permit Required: No person other than one authorized by the City shall uncover,
make any connections with or opening into, use, alter, or disturb any Municipal water
main, City water service line or appurtenance thereof without first obtaining a written
permit from the City. The permit is not to be used until all water installation charges
and fees have been paid in full. (Ord. 374, 7-7-1980)
B. Application For Permit; Fees: To obtain Municipal water service, the owner or his
agent shall make application on a special form furnished by the City. The permit
application shall be supplemented by any plans, specifications, or other information
considered pertinent in the judgment of the City and requested by the City. A permit
and inspection fee as established by resolution of the City Council shall be paid to the
City at the time the application is filed. The owner or his agent shall pay a assessment
fees to the City at the time the application is filed. The amount of the assessment fees
will vary depending on the equivalent residential unit (ERU) rating, or other rating
established by the City Engineer for the user in question. The assessment fees shall be
as established by resolution of the City Council. (Ord. 02-967, 7-23-2002)
C. Service Line Installation: The owner may request permission from the City to install
the water service line, including tap to the City water main, City stop valve, service
Water Use and Service Revision Ordinance
Page 6 of 29
line, valve, meter vault and cover under private contract. Such installation shall be in
conformance with the plumbing code as adopted by the City l(See title 10, chapter 2
of this code). When installation of a water service line and appurtenances causes
damage to any property, public or private, other than the owner's property, the owner
shaIl be responsible for all repair costs including, but not limited to, repair to streets,
sidewalks, curbs, gutters, sewer lines, irrigation facilities, storm drains, lawns, fences,
gas lines, other water mains, telephone lines and electrical lines. (Ord. 476, 4-21-
1987)
D. Old Private Service Lines: Old private water service lines may be used in connection
with new buildings only when they are found, on examination and being tested as
required by the City, to meet all requirements of this chapter.
E. Conformance With Building And Plumbing Codes; Inspection:
1. The materials of construction of the private water service line and the methods to
be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench
shall all conform to the requirements of the building and plumbing codes as have
been or may be adopted by the City J (See title 10, chapters 1 and 2...ofthis code).
2. The private water service connection to the City water service line shall conform to
the requirements of the building and plumbing codes as adopted by the City. (Ord.
273, 1-6-1975, eff. 2-1-1975)
3. All connections to or extensions of the service line, as previously installed by the
City, or under its authorization, shall be made in accordance with the requirements of
the Uniform Plumbing Code for such an installation. The connection of the service
line shall be inspected by the City Plumbing Inspector before the installation is
backfilled and before the water is turned on for use at the premises. (Ord. 374, 7-7-
1980)
F. Service Line Size And Location:
1. The private water service line from the building to the connection with the City
water service line shall not be smaller than a three-fourths inch (314") inside diameter
pipe and shall be laid in a trench of such depth so that the minimum cover over the
pipe from the finished grade shall be three feet (3').
2. The alignment ofthe private water service line from the outlet of the building to
the City water service line shall be reasonably straight and shall be located such that
the distance between the water service line and the sewer service line shall be a
minimum often feet (lor).
G. Cross-Connection Prohibited: No person shall make or permit the cross-connection of
any private water supply to a water line that is served by the Municipal water system
;ill (See also Chapter 3 ofthis Title).
Water Use and Service Revision Ordinance
Page 7 of 29
H. Notify City For Inspection: The applicant for the City water service line permit shall
notify the City when the connection ofthe private water service line to the City water
service line is ready for inspection.
I. Excavations Guarded; Restoration: All excavations for all water service installations
shall be adequately guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways, and other public property disturbed in the
course of the work shall be restored in a manner satisfactory to the City or the entity
having jurisdiction over the disturbed property.
J. Private Fire Service Connection: The installation of a private fire service connection
shall comply in all respects to the requirements for a City water service line and the
owner, or his agent, will be required to pay all costs for connection and extension of
the facility from the Municipal water main. The connection of a private fire service
connection shall be made in accordance with International Fire Code.
K. Connections Made By Plumber: The connection ofthe private water service line to
the public water service line to the Municipal water main shall be made by a plumber
holding a valid State plumber's license. (Ord. 273, 1-6-1975, eff. 2-1-1975)
L. Meter, Stop Valve And Stopcock;
1. A separate and independent City water service meter and stop valve shall be
provided for every authorized water user. (Ord. 374, 7-7-1980)
2. To each service pipe there shall be attached at the inside line of the curb a stopcock
and key box which shall be paid for by the water user and be under the exclusive
control of the Superintendent ofthe Waterworks. (1955 Code ~ 5-106)
9-1-8: REJECTION OF MATERIALS OR WORKMANSHIP:
The City may reject any materials or workmanship for cause and upon such, the rejected
material shall be removed and replaced with approved material. Disapproved
workmanship shall cause the removal and replacement of all materials involved,
including appurtenances such as excavations, backfilling and other work items. (Ord.
476,4-21-1987)
9-1-9: BACKFILLING AND SURFACE REPAIR:
A. Owner Responsibility; Costs: All backfilling and surface repair required by a water
service installation shall be the owner's responsibility.
B. Work Under Private Contract: When the owner has the water service installation done
under private contract, the costs for surface repair shall be the owner's responsibility
and shall not be included in any fee, charge or rate imposed by the City.
Water Use and Service Revision Ordinance
Page 8 of29
C. Conformance With Special Specifications; Inspection And Approval: All surface
repair and backfilling shall conform to special specifications promulgated by the City
for water line installation and shall be subject to inspection by and approval of the
City, and Ada County Highway District. (Ord. 273, 1-6-1975, eff. 2-1-1975)
9-1-10: RIGHT OF ENTRY FOR INSPECTIONS OR TESTING:
A. Free access to all places supplied with water, at all reasonable hours, shall be allowed
the Public Works Director, Water Superintendent, Assistant Water Superintendent,
City Engineer, or their designee to examine the apparatus, the amount used, and the
malUler of use of the same, and any water user violating any ofthe rules and
regulations controlling the water supply shall be subject to penalty as provided for in
Section 9-1-36 of this Chapter. (Ord. 476,4-21-1987; amd. 1999 Code)
B. The City through its authorized representative bearing proper credentials and
identification shall be permitted, during proper and reasonable hours of the day, to
enter all properties, premises or buildings to which water is furnished from the
Municipal water system for testing or for any other purpose necessary for the proper
administration of the water system in accordance with the provisions of this Chapter.
Also, the City through its authorized representative bearing proper credentials and
identification shall be permitted to enter all private properties through which the City
holds a duly negotiated easement for the purpose of, but not limited to, inspection,
observation, repair, and maintenance of any portion of the Municipal water system
lying within said easement. All entry and subsequent work, if any, on said easement
shall be done in full accordance with the terms of the duly negotiated easement
pertaining to the private property involved. (Ord. 476, 4-21-1987)
9-1-11: WATER MAIN EXTENSIONS:
A. Permit Required: No extensions of service pipes shall be made without first obtaining
a permit therefor from the Public Works Department, and each building shall have
separate service pipes.
B. Compliance With City Policies; Responsibility For Costs: All proposed extensions of
the Municipal water system to serve undeveloped areas within the existing corporate
limits, newly annexed areas or areas outside the corporate limits shall comply with
existing water system extension policies and with the overall Master Plan for the
City's Municipal water supply system. Costs for all extensions to any property shall
be the responsibility of that property owner or his agent. Cost for water service
extensions within the property for which the extension is requested shall also be the
responsibility of the owner or his agent. When it is necessary to install oversized
mains as part of an extension, the cost of all oversized lines may be the responsibility
of the owner or his agent. Such water line extensions, public or private, shall be
extended to the farthest boundary of the development project or property to be served
by the extension.
Water Use and Service Revision Ordinance
Page 9 of29
C. Fire Hydrants And Service Lines: It shall also be the property owner's or his agenfs
responsibilities to install all necessary fire hydrants and City water service lines for
all extensions of the Municipal water system at no expense to the City. Unless a
special permit is granted by the City, all Municipal water system extensions,
including the City water service lines, to newly developing areas shall be installed
prior to the construction of any new streets.
D. Approval Of Plans: All design and construction of any extensions to the Municipal
water system shall comply with the official specifications as adopted by the City for
the water distribution system. The plans for all extensions to the Municipal water
system shall be prepared and signed by a registered professional engineer as per the
licensing requirements of the Idaho Code and said plans shall be filed with the City.
In approving a plan for extension to the Municipal water system, the City reserves the
right to stipulate other requirements such as a special permit fee, rights-of-way limits,
sequence of construction, time limits for having existing service disrupted, the
provision of surety guaranteeing completion and other similar measures as may be
required to protect the public. No work shall commence on any such extension of the
Municipal water system until the extension project has been approved by the City and
the State ofIdaho Department of Environmental Quality.
E. Certification By Engineer: After the construction of the Municipal water system
extensions, it shall be the obligation of the owner, or his agent, to have a registered
professional engineer verify to the City that the said system extensions were installed
in accordance with the approved plans and specifications on file in the office ofthe
City Engineer. Following certification by the registered professional engineer and
acceptance by the City, the entire extension ofthe Municipal water system, including
the City water service lines, shall become the property ofthe City and it shall be the
City's responsibility to maintain and operate the system thereafter.
F. Work Done By Contractor: The installation of all public water systems shall be
performed and completed by a contractor possessing a valid State of Idaho public
works license with the proper endorsement for the work.
9-1-12: ASSESSMENT AND OTHER FEES:
A. Assessment Fees. Notwithstanding any of the provisions of this Chapter, any person
or property owner who has not otherwise paid for, or contributed proportionately
toward, the costs and expenses of constructing a water line, whether that construction
has been performed by the City, a local improvement district or a private entity, or
combination thereof, and who subsequently desires to connect to the City water
system, shall be required to pay, in addition to the required monthly user charges of
Section 9-1-19 of this Chapter, an additional connection charge which shall be known
and referred to as the "water assessment fee". The water assessment fee shall be
computed on an "equivalent residential unit", or "ERU" basis.
Water Use and Service Revision Ordinance
Page 10 of29
B. Fee Set By City Council: The water assessment fee for each parcel of ground
connected to a water main shall be established and set by the City Council. The water
assessment fee may be different for residential, commercial, and industrial uses and
may be different for differing uses within those three (3) classifications depending
upon the considerations referenced above but shall be as consistent as possible under
similar factual circumstances. The water assessment fee shall be assessed in terms of
single-family equivalent connections. (Ord. 483, 6-16-1987)
C. Meter Fee. The City shall establish and charge a meter fee from all users initiating
new water service or changing water meter size to cover the costs of the City
providing, installing and maintaining a water meter into the meter box provided by
the water user.
D. Adaptor Fee. The City shall establish and charge fee for providing the fittings
necessary to install a size of meter not equivalent to the size of the meter setter (i.e.
"yoke") previously installed by the developer, owner or user. A different sized meter
will be installed only at the request of the user.
E. Other Fees. The City shall establish and charge a fee to any user's water account for
repair of damages to the water meter and its appurtenances including, but not limited
to, the lid, padlocks, valves, and transmitters.
9-1-13: COOPERATIVE OR REIMBURSEMENT AGREEMENTS:
A. Reimbursement To Water User: Should a water user at his own expense construct an
extension to the water system, consisting of twelve (12) inch diameter or larger water
main, in a public right of way or easement with prior approval of the City and in
accordance with the standards and designs of the City and which water line extension
has been determined by the City to be able to benefit properties other than the user's,
the water user constructing the extension may be reimbursed a portion of the costs of
extending the twelvewinch diameter or larger water line from the cOIll1ection charges
collected under Section 9-1-12 of this Chapter if any of the following apply:
1. The water main extension is twelve (12) inch diameter or larger.
2. The water main extension is required to be twelve inch diameter or larger to serve
adjacent properties.
B. To be eligible for reimbursement, the user must:
1. Design the water extension in substantial accordance with the policies of the City
of Meridian and its Master Water Plan;
2. Receive City approval of the water extension construction plans;
3. Construct the water extension in accordance with approved plans and City of
Meridian standard specifications and details;
4. Solicit and receive three (3) bids for the water extension and select the lowest
responsive bid as determined in a bid opening. The user must notify the Public
Water Use and Service Revision Ordinance
Page 11 of29
Works Department ofthe bid opening forty-eight (48) hours in advance and
provide the opportunity for a Public Works Department representative to attend
the bid opening during normal working hours;
5. Receive preliminary plat approval from City Council for the development to be
served by the water extension. Water extensions intended to serve nOfi-
subdivision projects, and for which the developer seeks a reimbursement
agreement, must receive approval for a reimbursement agreement from City
Council prior to construction plan approval by the City.
C. Developer Reimbursement Agreements
The City shall not be required to enter into such a reimbursement agreement and whether
or not to enter into such an agreement shall be at the sole discretion of the City Council;
provided however, that:
L No reimbursement agreement shall have a duration greater than ten (10) years
unless the City is a beneficiary of the agreement unless extended by the City
Council.
2. No reimbursement agreement shall pay to the water user paying for or
constructing a water line extension more than one hundred percent (100%) of his
actual engineering and construction costs, it being noted that in most cases at least
some of the cost would ordinarily be assessed to the water user's own property.
3. A reimbursement agreement may provide for interest to be paid to the water user.
4. The City may charge and may receive a five percent (5%) administrative fee
against the amount reimbursable to the water user administration, accounting,
auditing, and payment ofthe reimbursement payments made to the water user so
extending the water line and having reached a reimbursement agreement with the
City.
5. All or a part ofthe water construction equivalency fee associated with the water
line constructed and paid pursuant to Section 9-1-12 of this Chapter may be set
aside and earmarked for reimbursement pursuant to a reimbursement agreement.
6. The reimbursement agreement shall be personal to the water user entering into it
and shall not be assigned without the written consent of the City, which consent
will not be unreasonably withheld.
7. The agreement will terminate when the user has been fully reimbursed if the
agreed upon reimbursement amount is paid prior to the end of the term of the
agreement.
Water Use and Service Revision Ordinance
Page 12 of29
8. The agreement shall be binding on the water user and his assigns, successors,
heirs, and executors and may be recorded as an encumbrance against the property
of the water user.
9. The water user shall be required to indemnify and hold the City harmless from
any and allliabihty whatsoever until the water line has been accepted for
maintenance by the City.
10. Said lines, after acceptance, shaH become part of the City water system and be the
sole property ofthe City.
D. Methods of Reimbursement
Depending on the amount to be reimbursed to the water user, the agreement will include
one or more of the following reimbursement mechanisms:
1. A portion of the water assessment fees owed or paid by the user as required under
9-1-12(B).
2. Reimbursement of a portion of the water system assessment fees received by the
City from others that connect to the water main adjacent to the user's property or
project.
E. Amount of Reimbursement
1. Section-Line Road Water Main Extensions. For water main extensions, twelve-
inch diameter or larger, in section-line roadways, the reimbursement amount shall
be based on the actual construction cost, and may include reasonable engineering,
surveying, construction staking, license agreement, and project management
costs. The allowable reimbursement percentages are:
Table 1. Reimbursement for Water Main Construction in Section-Line Roadways
Reimbursement Percentage
Water Main Fronting User'slDeveloper's 50%
Property or Project
Water Main Off-Site from 90%
User'sIDeveloper's Property or Project
2. On-site Water Main Extensions. For water main extensions on-site that are ten-
inch diameter or larger, the reimbursement amount shall be based on the
percentages in the following table:
Table 2. Reimbursement for On-Site, Over-sized Water Main Construction
Water Main Size, Inches Reimbursement Percentage
10 28%
12 40%
14 Evaluated on an Individual Basis
Water Use and Service Revision Ordinance
Page 13 of29
Evaluated on an Individual Basis
16
F. Reimbursement To City: \\'here the City constructs a water line extension, either on
its own or in conjunction with another person or entity, the City may establish a fee
such that the City is reimbursed for its costs of construction, engineering, legal costs
and interest. (Ord. 483, 6-16-1987)
9-1-14: BASIS FOR AUTHORIZED WATER USER CHARGES:
A. System Established: There is hereby established a system of periodic service charges
and fees for the authorized use of, and for service rendered by the Municipal water
system of the City, and which charges and fees shall be as near as possible, uniform
as to the different users served by said Municipal water system. The rates, charges
and fees provided by this chapter are hereby levied and assessed against the
authorized water user or owner, and his property, having any water service
connection with the Municipal water system of the City.
B. Property Subject To Charges: It is specifically enacted that all improved property in
the City to which the Municipal water system is available, but is not used by the
owner or occupier of said parcel of land, is still subject to user charges under the
provisions of this chapter to cover the cost of standby fire protection facilities and
other benefits. (Ord. 476, 4-21-1987)
9-1-15: WATER USER AND EQUIVALENT CONNECTION APPRAISAL:
Each user and parcel being subject to water user charges as provided for hereinabove
shall be appraised and assessed for the purpose of establishing the equivalent connection
rating and the monthly service charge or fee, to be charged or assessed to and against the
property. In making such appraisement and assessment, there shall be taken into
consideration the estimated volume of water to be used, the uniformity of the use ofthe
water, the standby benefits of the water system for fire protection and for other factors so
as to as nearly as possible fix the rate, charge or fee upon the same relative basis as is
imposed upon other like property within the City that has the Municipal water service
available. (Ord. 476, 4-21-1987)
9-1-16: CONNECTION TO CITY WATER SYSTEM OUTSIDE CITY LIMITS:
In order to obtain Municipal water system service to parcel(s) which are either partially
or entirely outside of the corporate City limits the following provisions must be complied
with:
A. There shall be an application form which shall provide that the applicant will agree to
the terms and conditions required by this section as a consideration for obtaining such
service. The City Council shall establish an application fee by resolution or as
Water Use and Service Revision Ordinance
Page 14 of29
recommended by the Public Works Director given the amount of staff review
required for processing the application. The application form shall specify the legal
description of the parcel(s) for which service is being applied, the name and address
of the legal owner(s) of the parcel(s) and purpose of the requested service.
B. A completed application must be filed with the public works department.
C. Following the filing of an application and the payment of the application fee, the
Public Works Director shall then review the circumstances presented by the
application in accordance with the terms and conditions and regulations of this
chapter as are relevant to the application and which shall also include a review of the
effect the granting of the application will have on the ability of the Municipal water
system to provide an acceptable level of service to developed parcels with existing
service within the City limits which shall not be compromised.
D. The Public Works Director, or his designee, shall then review the findings and
recommendations with the applicant for comment.
E. The Public Works Director shall then submit the application and a report of
recommendation(s) to the City Council regarding the application.
F. The City Council, in the exercise of its discretion may either grant or deny the
application after review of the application and the report ofrecommendation(s) ofthe
Public Works Director.
G. In the event the council grants the application it shall include as a condition that the
legal owner(s) of the parcel(s) shall enter into an "Agreement for the Extension of
Domestic Water Service Outside the City Limits" (hereinafter in this section referred
to as the "Agreement") which agreement form shall provide that the legal owner(s) of
the parcel(s) agree that the provisions of the City's ordinances, regulations, and
policies, and inspection fees, which appertain to the regulation, control and use of its
domestic water system including hookup, service fees as apply to terms of the
lIagreemenet and which form shall also provide that the owner(s) of the parcel(s)
agree to the annexation into the City of the parcel(s) serviced; and the council may
also impose such other conditions of granting the application as are reasonable to
assure the protection of the level of service to developed parcels within the City limits
and to assure that the proprietary funds of the City domestic water service are not
used for the extension and/or enlargement of the system which conditions shall also
be included in the lIagreement".
H. The water user of the parcel(s) serviced pursuant to a granted application under this
section shall be considered a user and subject to the terms and conditions of the
"agreementll so long as the property being served remains outside of the corporate
limits of the City.
Water Use and Service Revision Ordinance
Page 15 of29
1. Notwithstanding subsection E ofthis section, ifthe requested connection is for a
residence, or a multi-family residence not exceeding four (4) residential units, and if
water service is readily available to the affected parcel without extension of service,
then, ifthe Public Works Director deems it in the best interests of the City to do so,
said connection may be authorized by the Public Works Director without action by
the City Council. If the director declines to approve the cOlmection, the request will
proceed to the City Council for final decision. (Ord. 01-910, 2-27-2001)
9-1-17: BOARD OF APPRAISERS:
A. Board Created: There is hereby created the Board of Appraisers, consisting of three
(3) members, to be the same persons as the Mayor, the City Clerk and the Public
Works Director.
B. Duties: The Board of Appraisers shall be delegated the duty of hearing any disputes,
objections or appeals by a sewer user regarding assessment fees, monthly user
charges or other fees established by this chapter.
9-1-18: PURPOSE OF MONTHL Y WATER USER CHARGE:
The monthly water user charge is established to cover operation and maintenance costs of
the system, and to provide a fund to pay for repairs and replacements of the system,
increase efficiencies, meet State ofIdaho or federal requirements, or redemption of bonds
that have been used to finance system improvements, all as a part of the City's
responsibility to provide adequate domestic water service and facilities for the City. The
monthly water user charge as described herein, or as amended, shall be effective
immediately upon acceptance and passage ofthe ordinance codified in this chapter, or an
amending ordinance, and monthly user charge billing under the rates described herein
shall begin at the end of the first calendar month following acceptance ofthis chapter. For
new connections, the water user charge is to begin when the connection to the City
service line has been inspected and approved or within sixty (60) days after the City
service line has been installed, whichever is the earliest. (Ord. 476, 4-21-1987)
9-1-19: MONTHLY RATES:
A. User Fees:
1. All owners who receive or have the right to receive the benefit ofthe Municipal
water system shall, in return for said benefit, pay monthly user fees as established by
resolution of the City Council. The monthly user fee shall be based on the amount of
water used and the amount of fire and health protection provided by the Municipal
water supply system.
2. Monthly fixed cost fees and user fees shall be established by resolution of the City
Council. (Ord. 02-967, 7-23-2002)
Water Use and Service Revision Ordinance
Page 16 of29
3. Each owner will pay a monthly user fee based on the quantity of water used. Each
owner shall pay, as full compensation for the benefits derived from the Municipal
water supply system, the fees as established by resolution of the City Council. Should
an owner request a City water service line to be disconnected, for any reason, there
shall be no fee paid to the City. However, the owner must request the City to place
the line back in service. There will be a charge as established by resolution of the City
Council associated with the reactivation of the existing service line. All monthly
water rates will be charged against the property for which the City water service line
is installed. The owner of record is liable for that amount, which must be paid before
the water service is resumed. In the event an owner leaves an unclaimed balance in
his account, that amount shall be kept for six (6) months after which time it shall
revert to the enterprise fund of the City.
B. Fees For Water Use:
1. The fees for water use shall be as established by resolution ofthe City Council.
2. In case a water meter fails to correctly register the water used, the owner shall pay
for the water on the basis of the average reading of the meter for the previous three
(3) months. Water meter installation fees shall be as follows:
a. For all meters installed, the fee shall be set by the Board of Appraisers. All
installed meters shall be property of the City.
b. Meter adapter and radio-read transmitter units fees as established by resolution
of the City Council.
C. Private Fire Service:
1. Available only on flat rate when used for fire protection only; owner,to install all
lines to the City mains at their expense. All connections to be supervised by the City
and to conform to City requirements and the Uniform Plumbing Code. The flat rate
fees shall be as established by resolution of the City Council. (Ord. 02-967, 7-23-
2002)
2. All private fire service lines shall be equipped with sealed gate valve or thermal
automatic openings.
3. Private fire service lines shall be used for fire control only. Any other use is
unlawful.
D. Number Of Equivalent Residential Units Per Use: Assessment fees for new water
users, other than single-family residential, shall be based on the number of equivalent
residential units (ERU's) listed in Table II, unless other acceptable means of
determining ERU's are used. Other acceptable means may include the Uniform
Water Use and Service Revision Ordinance
Page 17 of29
Plumbing Code "fixture unit" method or examination and analysis of historical
consumption records of similar facilities within or outside the City of Meridian.
TABLE 3. Equivalent Residential Units
Classification
Apartment
Bank
Bar
BARBERSHOP, PER CHAIR
Beauty salon, per operator station
Bowling alley, per lane
Cafe, per customer seating capacity
Car dealer
Car wash (to be computed on an individual basis)
Church
Club, private
Condominium
Dentist, per practitioner
Department store (per 3,000 square feet)
Doctor, per practitioner
Drugstore
Dry cleaners
Duplex
Fourplex
Garage (minimum)
Grocery store
Hospital, per bed
Industry (see major or minor contributing industry)
Laundries
Commercial (to be computed on an individual basis)
Self-service up to and including 10 washing
machines
Each washing machine in excess of 10
Water Use and Service Revision Ordinance
Page 18 of29
Number Of Minimum
ERU's ERU's
See Multiple Living Unit
2
2
0.5 1.0
0.5 1.0
0.2 1.0
0.1 2.0
2
xxx
2
2
See Multiple Living Unit
1
1
1
2
2
See Multiple Living Unit
See Multiple Living Unit
2
See Retail Food Store
0.15
xxx
4
0.25
Lodge or private club 2
Major contributing industry (as per separate xxx
agreement)
Minor contributing industry (as per separate xxx
agreement)
Mobile home court or park
First space 1
Each additional space, long term tenant type 1
Each additional space, short term tenant type 1
Mobile home or trailer house on own premises 1
Motel. hotel. roo mine: house. etc.
With cooking facilities
First unit 1
Each additional unit 0.5
Without cooking facilities
First unit 1
Each additional unit 0.25
Multiple Iivin!! unit
Studio or 1 bedroom 1
2 bedrooms 1
3 or more bedrooms 1
Office building for each 2,500 square feet of gross 1
floor space or fraction thereof
Photo development lab 2
Railroad depot 2
Restaurant, per customer seating capacity 0.1 2.0
Retail food store for each 1,500 square feet of gross 1
floor area or fraction thereof
Retail store for each 3,000 square feet of gross floor 1
area or fraction thereof
Schools per each 50 students in average daily 1
attendance or fraction thereof
Service station
Full service 4
Gas and restroom service only 2
Water Use and Service Revision Ordinance
Page 19 of29
With car wash (to be computed on an individual
basis)
xxx
Single-family residence
1
Swimmim! pool
Private, for each 500 square feet of pool water
surface area
Public (to be computed on an individual basis)
0.25
xxx
Tavern
Theater
Townhouse
2
2
1
Trailer court or park
First unit
Each additional space, long term tenant type
Each additional space, short term tenant type
1
0.75
0.5
Triplex
Variety store, for each 3,000 square feet of gross
floor area or fraction thereof
See Multiple Living Unit
1
E. Pass Through Charge To User: The United States Environmental Protection Agency
has required the State ofIdaho to test drinking water and the State ofIdaho through
the Department of Environmental Quality, has passed the cost of such testing down to
local governmental and private water suppliers. The City must pass the cost of such
testing to the water users. Therefore, each water user shall be charged a monthly
water assessment oftwenty five cents ($0.25) until the Department of Environmental
Quality amends or retracts this testing charge. (Ord. 743,9-17-1996)
9-1-20: PAYMENT OF USER CHARGES; LATE FEE:
All water charges shall be due and payable to the Municipal Billing Department fifteen
(15) days after the date of the billing statement. Upon failure to pay the same, within the
time allowed, the water user shall pay, in addition to the amount due, a late payment
penalty as set by resolution of the City Council. (Ord. 03-1044, 9-23-2003)
9-1-21: DELINQUENCIES; CITY PROCEDURE:
A. Termination Of Service; Notice: Each month the Municipal Utility Billing
Department shall furnish each water user a statement of the amount due for water and
Water Use and Service Revision Ordinance
Page 20 of29
sewer and other charges for the preceding month or up to the time that the meter has
been read; and if any water user does not pay the billing within fifteen (15) days from
the date of the statement, the water user's account shall be delinquent. Water users
shall be notified by regular mail of this delinquency and ifthe bill is not paid in full
within ten (10) days after service ofthis notification on the water user, the right to
water shall cease and terminate unless the owner requests a pretermination hearing.
Should the water user not request a pretermination hearing, or if an adverse decision
is rendered against the owner after a pretermination hearing, the City may require the
owner to pay the delinquent water bill attributable to the use, plus a turn on charge as
a condition of resumption of water service, and in the event the water meter has been
removed, a fee must be paid as a condition of resumption of water service. No
allowance will be made for nonuse for less than one month. All corrections as to the
charge and all abatements shall be made under the direction of the Mayor and City
Council and shall be certified by the Finance Director.
B. Right To Hearing:
1. The City, in its delinquency notice to all water users and owners, shall inform them
in writing of their right to a pretermination hearing, with such hearing to be held with
the due process protection described below. If a pretermination hearing is requested
by any water user, the City will not discontinue water service to any water user prior
to a fair and impartial hearing, after timely and adequate notice and an opportunity to
confront witnesses, to personally appear with retained counsel to be judged on facts
adduced at the hearing and to otherwise be heard and defend the claim made by the
City. The City Council shall have the responsibility of holding pretermination
hearings. The City Council shall make a record of all pretennination hearings. The
City Council shall render its decision in writing, giving the reasons for its
determination. In decisions adverse to the water user, the City Council will inform the
water user of the right to appeal the decision pursuant to the Idaho State
Administrative Procedures Act 1 (Ie 9 67-5201 et seq).
2. Provided, however, the City shall not initially deny or discontinue water service to
any water user because of any delinquent water bill on that premises that is
attributable to the prior owner. However, any and all unpaid water charges shall be a
lien against the property as provided below. The City may initially deny water service
to any water user who requests service at a new location when that water user has a
delinquency at any previous location or premises. Provided, further, that the City
shall not initially deny water service to any water user for whatever reason without
informing the water user of the right to a hearing before the City Council on the issue
of whether the City can initially deny water services. In the case of an initial denial of
water service, the City is not required to provide water service pending a hearing.
However, a hearing upon request of a water user initially denied water service shall
be held as expeditiously as possible and held in the malU1er and accordance with the
procedures for pretermination hearings delineated above.
Water Use and Service Revision Ordinance
Page 21 of29
C. Lien Imposed: Where allowed by law, all delinquent charges or fees, as provided by
this section, not paid after the final determination of the delinquent account, shall be
imposed as a lien against and upon the property or premises against which such
charge or fee is levied or assessed; and the City Clerk shall, at the time of certifying
the City taxes, certify such delinquencies together with all penalties to the tax
collector of Ada County, and when so certified, the same shall be a lien upon the
property. All monies collected by the clerk under the provisions of this section shall
be paid over to the City Treasurer in the same manner as is required for the payment
of other City monies.
D. Security Deposit: Upon application for new service, or upon reconnection for existing
service which was terminated for nonpayment, the City may require a water user to
pay a deposit in an account to be determined in accordance with policies established
by resolution of the City Council. (Ord. 03-1044, 9-23-2003)
9-1-22: TURNING ON WATER AFTER TURN OFF FOR NONPAYMENT:
If any person, after the water has been turned off from the premises on account of
nonpayment of fees, or for failure to pay other charges assessed to the owner, or for other
violation ofthe rules and regulations pertaining to the water supply, shall turn on or
permit to be turned on, or use or pennit the water to be used without authority, he shall be
subject to the penalties provided for in section 9-1-36 ofthis chapter. (Ord. 476, 4-21-
1987)
9-1-23: AUTHORITY TO AMEND REGULATIONS:
Nothing herein contained shall prohibit the Mayor and Council from amending, altering,
or adding to the provisions ofthis chapter in relation to the water supply or the rules of
same which may be adopted in conformity therewith. Provided, that no alteration in water
rates shall apply to any charge upon, or contract made with, an owner under this chapter
until after the expiration of the time for which such charge was made or contract entered
into. Hereafter when, and/or if, the Mayor and City Council deem it advisable to alter the
water or installation rates or charges as in this chapter recorded, such changes shall be
made by resolution. (Ord. 476, 4-21-1987)
9-1-24: WATER FUND:
All fees and charges received and collected under the authority ofthis chapter shall be
deposited and credited to a fund to be designated as the Water Fund within the utility
Enterprise Fund. The accounts of said fund shall show all receipts and expenditures for
the maintenance, operation, upkeep and repair of the domestic water system and any
payments into a sinking fund established for the purpose of paying principal of and
interest on the water indebtedness of the City which shall from time to time be
outstanding. As provided by law, when budgeted and appropriated, the funds and credits
to the account of the Water Fund shall be available for the payment of the requirements
for the maintenance, operation, repairs and upkeep of the domestic water system of the
Water Use and Service Revision Ordinance
Page 22 of29
City, and to the extent legally available, for payment into a sinking fund established for
the payment of the principal and interest on any water bond indebtedness ofthe City
which shall from time to time be outstanding. (Ord. 03-1044,9-23-2003)
9-1-25: PRIVATE WATER SYSTEMS:
Where the Municipal water system is not available under the provisions of this chapter, a
private water system may be installed; provided, that the system complies with all the
provisions of this chapter. (Ord. 273,1-6-1975, eff. 2-1-1975)
A. Permit Required; Fee: Before commencement of construction of a private water
system, the owner shall first obtain written permit from the City. The application for
said permit shall be made on a form furnished by the City, which the applicant shall
supplement by plans, specifications and other information as may be deemed
necessary by the City. Review and inspection fees shall be established by resolution
of the City Council. (Ord. 273,1-6-1975, eff. 2-1-1975; amd. 1999 Code)
B. Inspection Of System: A permit for a private water system shall not permit the use of
the system until the installation is completed to the satisfaction of the City. The City
shall be allowed to inspect the work at any stage of construction and, the applicant for
the permit shall notify the City when the work is ready for various inspections, and
before any underground works are covered. The applicant shall be responsible for
payment of all applicable inspection fees prior to issuance of a building permit.
C. Compliance With State Regulations: The type, capacities, location and layout of a
private water system shall comply with all of the rules and regulations and
recommendations of the State ofIdaho Department of Environmental Quality. (Ord.
273, 1-6-1975, eff. 2-1-1975)
D. Mandatory Connection With City Water When Available: The owner or occupant of
any house, building or property used for residential, commercial, industrial,
governmental or recreational use, or other purpose, situated within the City which is
abutting on or having a permanent right of access to any street, alley or right of way
in which there is located a City water line is hereby required to cease using any other
water system and at his expense to connect such building directly with the City water
in accordance with the provisions of this Chapter, within sixty (60) days after the date
of official notice from the City to do so; provided, however, that the City water is
within three hundred feet (300') of any property line where said building to be served
is located. At such time as the Municipal water system becomes available to the
property served by the private water system, and the owner or tenant connects his
property to Municipal service as required, it is mandatory that the private water
supply is not connected or cross-connected in any way to the water lines served by
the Municipal water system. (Ord. 476, 4-21-1987)
Water Use and Service Revision Ordinance
Page 23 of29
E. Conduct Of Private System; Health And Safety: The owners shall operate and
maintain the private water facility in a mal1l1er conducive to public health and safety
at all times, and at no expense to the City.
F. Provisions Additional To State Regulations: No statement contained in this Section
shall be construed to interfere with any additional requirements that may be imposed
by the State of Idaho Department of Environmental Quality or Department of Health
and Welfare. (Ord. 273, 1-6-1975, eff. 2-1-1975)
9-1-26: WATERLINE DEVELOPMENT:
The primary cost and responsibility for water line development shall be that of the owner,
subdivider or developer. It shall be the owner, subdivider or the developer's responsibility
to purchase and lay water lines from the present water supply to the proposed project and
to the boundary ofthe project farthest from the original water supply line, including
frontage roads. (Ord. 476, 4-21-1987)
9-1-27: WATER PLANS ADOPTED:
The City shall, from time to time and as necessary, update the water system master plan
in order to provide adequate water supply to the City of Meridian.
9-1-28: PRESSURIZED IRRIGATION SYSTEM See also subsection 12-5-2N of this
Code.30:
A. System Required; Waiver:
1, In addition to the requirements of this Chapter pertaining to the domestic water
system and its use, every residentially zoned lot, parcel or piece ofland upon which a
residential unit will be constructed, after the effective date hereof, shall construct,
install, or COl1l1ect to a pressurized irrigation system. In the case of residential
subdivision developments, a pressurized irrigation system shall be constructed and
installed at the same time as the domestic water lines, but not in the same trenches.
There shall be no cross-connections between the domestic water lines and the
irrigation water lines that do not comply with Chapter 3 ofthis Title,
2, Provided, however, the requirements of this Section may be waived upon proof that
any particular lot, parcel or piece of land does not have water rights in an existing
irrigation district.
B. Standards: The City Engineer is hereby authorized and directed to establish standards
for pressurized irrigation systems and all pressurized irrigation systems shall comply
with those standards. However, those pressurized irrigation systems under the
ownership and operation and maintenance responsibility of an irrigation district shall
comply with the standards of that irrigation district. (Ord. 516, 10-3-1989)
Water Use and Service Revision Ordinance
Page 24 of29
C. Joint-Use Connection Of Irrigation And City Systems:
1. No subdivision, or building, lot, or parcel of land located within that subdivision,
which subdivision, building, lot, or parcel of land, has a common landscape
sprinkler irrigation system being supplied landscape irrigation water from a
source other than the City's domestic water system, shall be allowed to also
cormect its landscape sprinkler irrigation system to the City's domestic water
system as a secondary source for "shoulder season" use. Provided however, all
buildings, lots, or parcels of land, within the subdivision cOlmected to the
common landscape sprinkler irrigation system may be allowed one joint-use point
of connection to the Citis domestic water system which connection shall have an
approved backflow prevention device. This joint-use cormection shall only be to
provide irrigation water during the time when the common landscape irrigation
system has no supply of water. However, ajoint-use connection shall not be
allowed if the subdivision, building, lot or parcel is supplied irrigation water from
a ground water well. The off-on control valve of this joint use connection shall be
under the control of the Water Superintendent. (Ord. 570,3-3-1992; amd. 1999
Code)
2. Fees: For water assessments on iITigable common areas included in a
subdivision, the applicant must pay the portion of the water assessment fee
designated for City water supply and storage.
9-1-29: CITY NOT LIABLE FOR SHORTAGE:
The City shall not be held liable for damage to any person or property by reason of
stoppage or other interruption of the water supply, caused by scarcity of water, lack of
pressure, accident to works or mains, alterations, additions, or repairs or from other
unavoidable causes. (Ord. 476,4-21-1987)
9-1-30: LAWN SPRINKLING AND WATER USE RESTRICTIONS:
A. Lawn And Garden Sprinkling:
1. Sprinkling To Cease During Fire: The City may curtail non-domestic use of water
during a state of emergency, as determined by the Public Works Director. No
fountain attachment shall be of greater than three-fourths inch (3/4") in diameter
unless otherwise approved by the City Engineer, and there shall be a stopcock to each
fountain attachment and the same shall be under the control ofthe Superintendent of
Waterworks. Any person violating any of the provisions ofthis Section shall, upon
conviction thereof, be subject to penalty as provided in Section 9-1-36 of this
Chapter.
Water Use and Service Revision Ordinance
Page 25 of29
2. Sprinkling Hose Size: In any time of scarcity of water, whenever it shall, in the
judgment of the Mayor and Council be necessary and they shall so direct, the Mayor
shall, by proclamation, limit the use of water for other than domestic purposes; and in
hislher discretion provide that lawn sprinklers and hydrants shall be used only on
alternate days in certain designated localities and any person violating the provisions
of this Section or of any proclamation made by the Mayor of the City shall, upon
conviction thereof, be subject to penalty as provided in Section 9-1-36 of this
Chapter. (Ord. 476, 4-21-1987)
B. Water Use Restricted: Watering troughs for animals shall not be allowed a constant
flow of water but shall be allowed to use such quantity as shall supply the actual
needs of the stock having access thereto, nor shall continuous streams of water be
permitted to flow from hydrants, faucets, or stops over wash basins, water closets, or
urinals. (1955 Code S 5-115)
9-1-31: POST HOLE DIGGING:
No utility poles, or other posts shall be located within four feet (4') of any water service
pipe, nor within six feet (6') of any main pipe. (1955 Code S 5-118; amd. 1999 Code)
9-1-32: FIRE HYDRANTS:
A. Authority To Operate; Obstructing Access: It shall be unlawful for any person, except
one duly authorized by the City, to open, close, operate, turn on, turn off, interfere
with, attach any pipe or hose to or connect anything with any fire hydrant or auxiliary
valve belonging to the City. Further, it shall be unlawful for any person to obstruct
the access to any fire hydrant by placing any fence, stone, brick, lumber, dirt, or other
material within five feet of the fire hydrant as measured horizontally in any direction.
It shall be unlawful for any person to willfully or carelessly injure any fire hydrant.
(Ord. 273, 1-6-1975, eff. 2-1-1975)
B. Damaging Hydrants: Any person who shall willfully or carelessly run any vehicle
against a fire hydrant, or draw or attempt to draw water therefrom shall be deemed
guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine
and costs, and be liable for all damages done to said hydrant. (1955 Code S 5-138;
amd. 1999 Code)
9-1-33: PROTECTION OF PIPES AND METERS:
All water users shall keep their pipes, connections and other apparatus in good repair and
protected from frost at their own expense. All water users shall provide and maintain a
four (4) feet by four (4) clear access, centered on the water meter lid, to the water meter
serving their lot. However no person, except under the direction of the Superintendent of
Waterworks, shall be allowed to dig into the street or sidewalk for the purpose of laying,
removing or repairing any service pipe. (1955 Code 9 5-108)
Water Use and Service Revision Ordinance
Page 26 of 29
9-1-34: WASTE OF WATER OR INJURY TO WATER SYSTEM:
A. Waste Prohibited: It shall be unlawful for any water user to waste water or allow it to
be wasted by imperfect water stops, valves or leaky pipes that are not under the
jurisdiction of the City, or to permit the malicious or willful consumption of water,
having no beneficial use. The City, based on meter readings, will make a
determination of where water has been wasted and shall notify the user of that
determination. It shall then be the user's responsibility to make the necessary repairs,
or to institute actions that will correct the situation within ten (10) days of the City's
notification to the user. All costs incurred, including the cost of wasted water and any
repairs shall be the responsibility of the user and ifit is necessary that the City correct
the situation or make repairs, the cost and charges therefore may be assessed and
added to the owner's water bill.
B. Damage Or Injury To System:
No person shall maliciously, willfully, or negligently break, damage, destroy,
uncover, deface, or tamper with any structure, pipe line, fire hydrant, fitting
connection appurtenance or equipment which is a part of the Municipal water system.
(Ord. 273, 1-6-1975, eff. 2-1-1975)
9-1-35: USERS LIABLE FOR VIOLATION:
If any owner shall permit any person from any other premises, or any unauthorized user
to use or obtain water from his premises or water fixtures, whether inside or outside of
his buildings, the water supply of such owner may be cut off; and such unauthorized
person shaIl, for taking said water, be liable to a fine, plus costs. Any user or owner
suspected of having violated the provisions of this Chapter, other than nonpayment of
user fees, assessments, or charges for repairs, shall be notified of the violation and be
notified that ifthe violation is not corrected within ten (10) days, the Water
Superintendent shall shut off his water; provided however, in the event of an emergency,
the Water Superintendent may shut off the water without notification. (Ord. 476, 4-21-
1987)
9-1-36: PENALTIES:
A. Notice Of Violation; Responsibility For Remedy: Any person found to be violating
any provisions of this Chapter, other than for nonpayment of a water bill, shan be
served by the City with a written notice stating the nature of the violation and
providing ten (10) days for the satisfactory correction thereof. The offender shall,
within the period of time stated in such notice, permanently cease all violations and if
necessary make all corrections and repairs to the system or pay for same if the City
has to make the correction or repair. (Ord. 476, 4-21-1987)
B. Penalty Imposed; Discontinue Service: Any person who shall continue any violation
beyond the time limit provided for in this Section, shall be guilty of a misdemeanor
Water Use and Service Revision Ordinance
Page 27 of29
and, on conviction thereof, shall be subject to penalty as provided in Section 1-4-1 of
this Code, and shall have his water service terminated. Each day in which such
violation shall continue shall be deemed a separate offense. (Ord. 476,4-21-1987;
amd. 1999 Code)
C. Liability To City For Loss Or Damage: Any person violating any of the provisions of
this Chapter shall become liable to the City for any expense, loss, or damage
occasioned the City by reason of such violation and, for other than nonpayment of
water bill violations, may have their water supply terminated after the above ten (10)
day notice period has expired.
D. Cumulative Penalties: These penalties shall not be construed to be exclusive but shall
be cumulative of, and in addition to, any other penalties provided for in this City
Code or the Criminal Code ofthe State ofldaho. As an example, a person stealing
water could be criminally charged with theft or a person injuring the water system
could be criminally charged with malicious injury to property. For all criminal
violations relating or pertaining to the water system, the notice provisions provided
for in this Chapter shall not apply. (Ord. 476, 4-21-1987)
SECTION 3: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 4: VALIDITY: The Meridian City Council hereby declares that any
section, paragraph, sentence or word of this Ordinance as adopted and amended herein be
declared for any reason to be invalid it is the intent of the Meridian City Council that it
would have passed all other portions of this Ordinance independent of the elimination
herefrom of any portion as may be declared invalid.
SECTION 5: SAVINGS CLAUSE: This Ordinance does not affect an action or
proceeding commenced or right accrued before this Ordinance takes effect.
SECTION 6: DATE OF EFFECT: This ordinance shall be in full force and effect
after its passage, approval and publication, according to law.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
?~. day of tJ~~,2004.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
51'b-- day of &c:h:t ~ , 2004.
ATTEST:
Water Use and Service Revision Ordinance
Page 28 of29
Jf~-~&p
City Clerk 9-
f') ::
- ~<>rn 0 ::::
An Ordinance of the City of Meridian ~X ,~'{. G.~e~ ,;p.,~ity Clerk
First Reading: I tJ - ~".. t? 4- ..;.,.....~ ~-1 r 15 . ~"v:.;./
Adopted after first reading by suspension (fy,th9~ il~o.Wed pursuant to Idaho Code
50-902: YES >C NO ><11, ;1; ",<1\\'
Second Reading:
Third Reading:
-
STATE OF IDAHO,)
: ss.
County of Ada. )
On this 5fh day of Oc-/-" bel' , 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and
WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of
the CITY of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the da~.ind year first above written.
~", 1'",
~, -r:: L III
~"",,~\CP . S A_ ~#~
........'<;' ....."'0" <>:FE'A ....
.... .o.'V .0 "'.. "'. r..
$ ,. .0- .0..7" ~ ~
," . ~OTAI ' ~
c . '!.--- ;:
~ '"A : ~.
~ .. ........,.. ~ J
(SEAL) ; t /:J C: t
~ \ UBL\ 00 ;
..u,. ....
~.. >T" "...... w.."o.c..c $
.......... ~.._~-,.,. ~,.-!f,..
-'. .t i.. { ; -,) v........
.....,. . ~,.'\.
Z:\Work\M\Meridian\M;ridian I 5360M\Ordinances City HaIl\2004 Qrd\ Water use and seIVice regulations revision October 2004.doc
~(~
, '/.nVlZ
Y PUBLIC FOR IDAHO
ING AT: en'd/d.'t
COMMISSION EXPIRES: ()
Water Use and Service Revision Ordinance
Page 29 of29
October 15, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 19, 2004
ITEM NO.
5-1
REQUEST Resolution - Public Works Fees
AGENCY COMMENTS
CITY CLERK: See attached Ordinance / Minutes
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Resolution
~1fU
~4J t't1
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
RESOLUTION NO. (J 1- - 4- 4-7
By: /~/IA.. ~}-d-J
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN PURSUANT TO
THE SEWER ORDIANCE AT CHAPTER 4 OF TITLE 9 AND THE WATER ORDINANCE AT
CHAPTER 1 OF TITLE 9 OF THE MERIDIAN CITY CODE OF THE CITY OF MERIDIAN
ESTABLISHING FEES AND AN EFFECTIVE DATE.
SECTION 1: WHEREAS, THE City Council finds:
1.1 It is necessary to establish certain fees to reimburse the Public Works Department for
costs and expenses incurred in providing sewer and water service; and
1.2 It is necessary to update the water assessment and wastewater assessment fees; and
1.3 The City Council for the City of Meridian, Idaho, has held a public hearing to review
proposed fees to be charged by the Public Works Department; and
1.4 The City Council for the City of Meridian, Idaho, has determined that said fees are
necessary for the preservation of the health, peace and safety of the citizens of the City of
Meridian.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
SECTION 1:
The Schedule of Fees, which is attached hereto as Schedule 1, is hereby adopted.
SECTION 2: EFFECTIVE DATE: The effective date for the new charges pertaining to the
water and sewer users, shall be .J/ihttVVtrf I s-p ,20q4'5.
tl-
P ASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this I q "aayof
fJCh9~/ ,2004. -
~
19AH0;-thi -day of
APPROVED BY THE MAYOR OF THE CITY OF MERIDI
Or/I>> b~ ,2004.
ATTEST:
dldL:
CITY CLERK
Schedule 1 to Resolution Public Works Fees - Page 1 of 1
Meridian City Council
October 5, 2004
Page 79 of 84
payment is received in full. Is there anyone present who wishes to contest his or her
water, sewer and trash delinquency? 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 $30,489.86.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the turn-off list on October 6, 2004, in the amount of
$30,489.86.
Rountree: Second.
De Weerd: It's been moved and seconded to approve the delinquency turn off list. All
those -- oh, I'm sorry. Mr. Clerk.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea.
MOTION CARRIED: ALL AYES.
Item 18:
Ordinance No. AZ 04-015 Request for
Annexation and Zoning of 1 +/- acre from RUT to R-8 zone for proposed
Secret Garden Subdivision by Pinnacle Engineers, Inc. - 2490 North
Locust Grove:
Item 19:
Ordinance No.
Regulations Revision:
Sewer Use and Service
Item 20:
Ordinance No.
Regulations Revision:
Water Use and Service
De Weerd: Okay. Items 18, 19, and 20 are ordinances numbered 04-1104, 04-1105,
and 04-1106. Mr. Clerk, will you, please, read these ordinances by title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1104, an
Ordinance finding that the owners Oliver Cleaver and Debbie A. Cleaver of certain real
property generally located at the half mile between Fairview Avenue and Ustick Road
on the east side of Locust Grove Road, Meridian, Idaho, have made a written request
for rezone of the zoning classification for real property that lies within the boundaries of
the City of Meridian from R-8, Medium Density Residential, to L-O, Limited Office
District, as defined under the Meridian City Code Section 11-7-2G, replacing all
ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the
city engineer to add said rezoning designation to the official maps of the City of
Meridian, Idaho.
Meridian City Council
October 5. 2004
Page 80 of 84
Berg: Ordinance No. 04-1105, an ordinance repealing the existing sewer use and
service regulations, codified at Chapter 4 of Title 9 of Meridian City Code, reenacting a
new Chapter 4 of Title 9, of the Meridian City Code, to be known as the Sewer Use and
Sewer Regulations, including purpose, definitions, applications of chapter, authority and
establishment of superintendent of wastewater, establishing rules and regulations,
authority of city personnel, mandatory use of sewers, regulations of use of public
sewers, prohibition of discharge of objectionable waste without permission, building
sewers and connections, industrial users, inspections, and approval of connections,
rejection of materials or workmanship, sewer line extensions, backfilling sewer and
water plan adoption, assessments and fees, cooperative and reimbursement
agreements, board of appraisers, sewer charge appraisal, Council approval of charges
and fees, basis for charges, wastewater users fees and assessments, sewer connection
requirements, special charges, sewer inspections, septic tank waste dumping, billing
and payment, delinquencies and procedures, disconnection for nonpayment, sewer
system fund, receipt and disbursement of monies, private sewer disposal systems,
maintenance of lines, contractor license, point of liability for maintenance, user liability
of violations, limitations of city liability for service interruptions, prohibition against injury
to sewer systems, penalties, providing for conflict, validity, savings clause, and
providing an effective date.
Berg: And Ordinance 04-1106, an Ordinance repealing existing water use and service
regulations codified at Chapter 1 of Title 9 of the Meridian City Code, reenacting a new
Chapter 1 of Title 9 of Meridian City Code, to be known as sewer use and sewer
services regulations, including purpose, definitions, authority, mandatory use,
application for service, point of liability for maintenance, water service line connections
and water lines, workmanship, backfilling and service repair, right of entry for
inspections for testing, water main extensions, assessments and fees, cooperative or
reimbursement agreements, basis for water charges, users, and equipment connection
appraisers -- appraisals, connection to property outside the city limits, board of
appraisers, monthly rates, due date for payment, and late charges, delinquencies,
resumption of water service after turn off for a nonpayment, authority to amend
regulations, water fund establishment, private water systems, water line development,
adoption of water plans, pressurized irrigation systems, non-liability for water shortages,
lawn sprinkler and use regulations, limitation on location of the post, fire hydrants,
protections, and pipes and meters, waste of water or entry to water system, users
liability, penalties, providing for conflict, validity, savings clause and providing for an
effective date.
De Weerd: Thank you, Mr. Clerk. I guess while we have this in front of us, I'd ask Mr.
Nary, is there any chance that we could just show these ordinances by title only up on
the screen and that would meet the criteria or does it have to be read into the record?
Nary: Madam Mayor, Members of the Council -- I thought you wouldn't call on me,
that's why I came over here. What the state statute says is they have to be read once
by title. At least the only other place I have ever had experience they don't read them
Meridian City Council
October 5, 2004
Page 81 of 84
by title. They list them on the agenda by title, they acknowledge them on the Consent
Agenda by title, and if they waive the reading rules, they put it in the actual title of the
ordinance that they are waiving the reading rules and they pass it on the Consent
Agenda.
De Weerd: Can you perhaps work with the city clerk on a process here, so that -- you
know, while we love to hear from the city clerk --
Nary: Madam Mayor, what I was going to propose -- I know -- I know it's disappointing
that we didn't solve all the problems in the first day, because I know you had a lot of
expectations for the 5th of October and, I'm sorry, as I told people, I remembered where
I worked and I remember what I did, and that was probably all I could do for the first
day, but what my expectation was is we have an issue about the ordinance regarding
appointing of officers that we need to clarify next week and fix. There is a couple of
other issues, administrative types of issues -- one of them is the swearing in of all of the
audience. I think we have had that issue come up previously and the Council has
requested that we change that and delete that provision from the code. Our normal
process is to have that on pre-Council for discussion. What I was planning to do is I'm
hoping to be able to have by next week at least a couple of those things, the more
administrative function types of things, so that we can get the process moving a little bit
faster on pre-Council, so I'm hoping to have as many of them as I can get done by the
end of this week on your agenda next Tuesday. If you think they are satisfactory and
you're willing to move forward, you can always move them onto your regular agenda
and pass them if you want to do that. So, some of those things we can do. Like I said,
the state code doesn't -- there is no case I'm aware of in the state of Idaho that was
challenged because they didn't actually read the ordinance out loud.
De Weerd: And we could also read it to ourselves.
Nary: Right. The statute says it has to be read once by title. It doesn't say it has to be
read out loud.
De Weerd: Thank you. Well, we will look forward to you bringing those clarifications
back to us.
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: I think we have an executive session to adjourn to, but before we do --
Bird: We've got to pass these.
Rountree: What's that?
Bird: We've got to pass these three ordinances.
Meridian City Council
October 5, 2004
Page 82 of 84
Rountree: We've got to pass the three ordinances, number one, so I will move that we
approve ordinances 04-1104, 04-1105, 04-1106, with suspension of rules.
Bird: Second.
De Weerd: It's been moved and seconded to approve Items 18, 19, and 20, ordinances
that were read by title. Is there any further discussion? Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you.
Rountree: Madam Mayor, one point before we break for executive session and I got a
sense that we were a contributor to the issues as it related to Mrs. Bohrn's garage
and --
De Weerd: And this is for Anna.
Rountree: And this is for Anna. And also for Bill. I'm suggesting for consideration do
we offer to Mrs. Bohrn the opportunity to appeal the denial if she can arrange her
dwelling in such a way that she can meet all the other ordinance requirements of the
city and that if she can do that and chooses to appeal, that we waive the cost of the
appeal and I would just ask for comments and considerations on that.
Canning: Madam Mayor, Members of the Council, Mr. Nary also, there -- when I sent
her the second letter, I did make the appeal date subject to that second letter and it's
always seemed to me to be a little bit of a useful loop hole in that someone can ask a
director's determination and, then, the appeal date is set from that date, so I'm not sure
that she couldn't -- I guess this would be the question for Mr. Nary. Can she ask for a
reconsideration of that letter that if she were able to do that all in her house, could she
be approved and, then, I could write the letter based on that request. It would just be a
determination letter. And it always seemed a little bit of a loop hole. I did offer, by the
way, to write that letter for her, but she was not interested, she wanted to have it in the
garage. It was not an option to just have it in the house, so --
Nary: Madam Mayor, Members of the Council, I was -- in fact, part of the reason I did
come sit over here was to talk to Mrs. Canning about some opportunity we might have
to talk to Mrs. Bohrn about what does she do now, because, obviously, she's got a
concern that she's been damaged by her neighbors, she may believe that the city has
somehow caused that damage as well, and so we need to figure out what exactly we
can do. Our ordinance says in-home occupations that you can't use your garage at all
for a home occupation. There isn't anywhere -- there isn't an exception for that, except
by a variance. But that's no longer a garage, it's now living space, and so it's certainly
CITY OF MERIDIAN
ORDINANCE NO. 04- II tJ5'
BY: th~//~ /4;a;-""7re-e...
AN ORDINANCE REPEALING EXISTING SEWER USE AND SERVICE
REGULATIONS CODIFIED AT CHAPTER 4 OF TITLE 9 OF THE MERIDIAN
CITY CODE; RE-ENACTING A NEW CHAPTER 4 OF TITLE 9 OF THE
MERIDIAN CITY CODE TO BE KNOWN AS SEWER USE AND SERVICE
REGULATIONS, INCLUDING PURPOSE, DEFINITIONS, APPLICATION OF
CHAPTER, AUTHORITY, ESTABLISHING A SUPERINTENDENT OF
W ASTEW ATER, ESTABLISHING RULES AND REGULATIONS, AUTHORITY
OF CITY PERSONNEL, MANDA TORY USE OF SEWERS, REGULATIONS
FOR USE OF PUBLIC SEWERS, PROHIBITION OF DISCHARGE OF
OBJECTIONABLE WASTE WITHOUT PERMISSION, BUILDING SEWERS
AND CONNECTIONS, INDUSTRIAL USERS, INSPECTION AND APPROVAL
OF CONNECTIONS, REJECTION OF MATERIALS OR WORKMANSHIP,
SEWER LINE EXTENSIONS, BACKFILLING, SEWER AND WATER PLAN
ADOPTION, ASSESSMENTS AND FEES, COOPERATIVE AND
REIMBURSEMENT AGREEMENTS, BOARD OF APPRAISERS, SEWER
CHARGE APPRAISAL, COUNCIL APPROVAL OF CHARGES AND FEES,
BASIS FOR CHARGES, W ASTEW ATER USER FEES AND ASSESSMENTS,
SEWER CONNECTION REQUIREMENTS, SPECIAL CHARGES, SEWER
INSPECTIONS, SEPTIC TANK WASTE DUMPING, BILLING AND PAYMENT,
DELINQUENCIES AND PROCEDURES, DISCONNECTION FOR
NONPAYMENT, SEWER SYSTEM FUND, RECIEPT AND DISBURSEMENT
OF MONIES, PRIVATE SEWAGE DISPOSAL SYSTEMS, MAINTENANCE OF
LINES, CONTRACTOR LICENSE, POINT OF LIABILITY FOR
MAINTENANCE, USER LIABILITY FOR VIOLATIONS, LIMITATION OF
CITY LIABILITY FOR SERVICE INTERRUPTION, PROHIBITION AGAINST
INJURY TO SEWER SYSTEM, PENALTIES, PROVIDING FOR CONFLICT,
VALIDITY, SA vINes CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1: Chapter 4 of Title 9 is repealed.
Sewer Use and Service Revision Ordinance
Page 1 of31
(
Section 2: Title 9, Chapter 4 is re-enacted and shall read as follows:
9-4-1: POLICY AND PURPOSE:
A. Declaration Of Policy:
1, It is hereby declared that the City owns and operates both a Municipal water
system and a Municipal wastewater system. It is the policy of the City to operate the
sewer system and the water system in conjunction, one with the other, for the mutual
benefit of the residents of the City.
2. Additionally, due to the integral nature of the requirement of water to operate the
sewer system, violation of the sewer provisions may require termination of water
service and to efficiently enforce these sewer provisions, such water termination is
specifically authorized and is the policy of the City. (Ord. 477,4-21-1987)
B. Purpose: It is hereby determined and declared to be necessary and conducive to and
for the protection of the health., safety and welfare of the public and inhabitants of the
City, and for the purpose of controlling the use and coooection to and for providing
an equitable distribution of the costs and expenses of maintenance, operation, upkeep
and repair of the entire sewer system which includes the sewer collection system and
sewage disposal facilities of the City:
1. To charge and collect service charges or fees upon all lots, lands, property and
premises served or benefited by the sewer system of the City, which system and
facilities consist generally of all pipe lines, conduits, catch basins, manholes,
cleanouts, sewer mains, intercepting sewers, outfall sewers, lift stations, pumps,
structures, mechanical equipment and facilities for the treatment and disposal of
sewage or sewage by-products;
2, To provide for industrial cost recovery from all industrial users; and
3. To provide for the control, use and administration of the installation of private
sewage disposal systems where a public sanitary sewer is not available. (Ord. 339, 5-
29-1979)
9-4-2: DEFINITIONS:
Unless the context specifically indicates otherwise, the meanings oftenns used in tIus
Chapter shall be as follows:
ACT: The Federal Water Pollution Control Act entitled Public Law 92-500, and its
amendments of 1972 as administered by the United States Environmental Protection
Agency (EPA).
Sewer Use and Service Revision Ordinance
Page 2 of31
BOD: Biochemical oxygen demand (BOD) shan mean the quantity of oxygen utilized in
the biochemical oxidation of organic matter under standard laboratory procedure in five
(5) days at twenty degrees centigrade (20Ce), expressed in milligrams per liter (mg/I).
BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system
which receives the discharge of sanitary waste inside the walls of the building and
conveys it to the building sewer, beginning five feet (5') outside the inner face of the
building walL
BUILDING SEWER: The extension from the building drain to the point of connection
with the public sewer.
CITY: Refers to the City of Meridian, Ada County, Idaho, or its authorized or designated
agent, representative, or deputy thereto.
COMBINED SEWER: A sewer receiving both storm water runoff and sanitary sewage.
FLOW: The volume of sewage being discharged into the sewage system from an sources
including domestic, commercial and industrial uses and infiltration fWW).
GARBAGE: Solid wastes from the domestic and commercial preparation, cooking and
dispensing of food, and from the handling, storage and sale of produce.
INDUSTRIAL USERS: Any nondomestic user with an indirect discharge of effiuent into
a POTW by means of pipes, conduits, pumping stations, force mains, constructed
drainage ditches, surface water intercepting ditches, and all constructed devices and
appliances appurtenant thereto. This term includes federal, state, and local facilities as
part of the regulated community, since such entities are subject to federal pretreatment
regulations. See Title 9, Chapter 2, "Sewer Pretreatment".
INDUSTRIAL WASTES: The liquid wastes from industrial manufacturing processes,
trade or business as distinct from sanitary sewage.
MULTIPLE BUll.,DING DEVELOP:rv1ENT: Includes the various types of developments
that would have common or joint ownership areas such as condominiums, townhouses,
mobile home parks or courts, shopping centers, etc.
NATURAL OUTLET: Any outlet into a watercourse, pond, ditch, lake or other body of
surface or ground water.
OWNER: A person owning real property which is, or proposes to be connected to the
sewage system.
pH: The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of
solution with a pH value of7 being neutral.
Sewer Use and Service Revision Ordinance
Page 3 of31
PERSON: Any individual, finn, company, association, society, corporation or group.
PRETREATMENT: The reduction of the amount ofpoUutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or
in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be
obtained by physical, chemical, or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless allowed by an
applicable pretreatment standard.
PROPERLY SHREDDED GARBAGE: The wastes from the preparation, cooking and
dispensing of food that have been slrredded to such a degree that all particles will be
carried freely under the flow conditions normally prevailing in public sewers, with no
particle greater than one-half inch (1/2") in any dimension.
PUBLIC SEWER: A sewer in which all owners of abutting properties have equal rights,
and is controlled by public authority.
SANIT ARY SEWER: A sewer which carries sanitary sewage and to which storm,
surface and ground waters are not admitted.
SERVICE CONNECTION: The point at which the building sewer connects to the public
sewer.
SEW AGE OR WASTE MATTER: A combination of the water-eamed wastes from
residences, business buildings, institutions and industrial establishments.
SEWAGE TREATIvffiNT PLANT OR WASTEWATER TREATMENT FACILITY:
Any devices and system used in the storage, treatment, recycling and reclamation of
Municipal sanitary sewage or industrial wastes of a liquid nature to implement section
201 of the Act. Also termed a "Publicly Owned Treatment Works" (pOTW).
SEWER: A pipe or conduit for carrying sewage.
SEWER USER: Any individual, firm, company, association, society or corporation or
group who has connected to the sewer system.
SHALLIMA Y: "ShaU" is mandatory. "Mayl! is pennissive.
SLUG: Any discharge of water, sewage or industrial waste which in concentration of any
given constituent or in quantity of flow exceeds for any period of duration longer than
fifteen (15) minutes for more than five (5) times the average 24-hour concentration or
flows during normal operation.
STORM DRAlN (Sometimes Termed StOlID Sewer): A sewer which carries stonn and
surface waters and drainage, but excludes sanitary sewage and industrial wastes, other
than unpolluted water such as cooling water.
Sewer Use and Service Revision Ordinance
Page 40f31
SUSPENDED SOLIDS: Solids, organic or inorganic, that either float on the surface of,
or are in suspension in water, sewage, or other liquids, and which are removable by
laboratory filtering as prescribed in HStandard Methods for the Examination of Water and
Waste WaterH and referred to a nonfilterable residue,
W ASTEW ATER SYSTEM: All facilities for collecting, pumping, treating of sewage and
disposal of treated effluent.
WATERCOURSE: A channel in which a flow of water occurs, either continuously or
intermittently. (Ord. 339, 5-29-1979)
WINTER AVERAGE: The average domestic water consumption from approximately
November 15 to approximately March 15 as quantified by water meter readings.
9-4-3: APPLICA nON OF CHAPTER:
The provisions of this Chapter shall apply to all property within the corporate limits of
the City, and any special users outside ofthe corporate limits of the City, including all
property owned or occupied by the United States of America, Ada County, and the State
of Idaho. (Ord. 339,5-29-1979)
This Chapter shall work in conjunction with Title 9, Chapter 2, Sewer Pretreatment. If
requirements, limitations or applications conflict, the more stringent shall be enforced or
applied.
9-4~4: CITY AUTHORITY:
The wastewater system for the City shall be under the sole and exclusive control of the
Mayor and City Council, who may from time to time direct the construction, expansion,
extension, repair and maintenance of the wastewater system owned and operated by the
City as the necessity of the City may require. The cost of maintenance and repair of the
City wastewater system must be paid out of the Enterprise Fund. (Drd. 230, 9-11-1972)
9-4-5: SUPERINTENDENT OF W ASTEW A TER:
A. Office Created: There is hereby created the office ofa Superintendent of Wastewater,
who shall, under the direction of the Public Works Director and the Mayor and
Council, have charge of such works, mains, laterals, trunk lines, treatment plant,
connection of service pipes and conduits and all other matters pertaining to the City
wastewater system. The Superintendent shall report to the Public Works Director
monthly or as often as required the condition of the wastewater system and make such
recommendations as the nature of the service may require. (Drd. 477, 4-21-1987)
B. Duties: The wastewater system shall be kept in repair by the Superintendent of
Wastewater and no other person, unless authorized by him, shall work on or operate
said system or any part thereof. It shall be the Superintendent's duty at all times to
Sewer Use and Service Revision Ordinance
Page 5 of31
(
\
maintain said system in such a working condition that the sewage of the City is
efficiently and sanitarily carried from the premises of the users of said system and
processed in the wastewater treatment plant owned and operated by the City. (Ord.
230,9-11-1972)
9-4-6: RULES AND REGULATIONS:
A. Adoption: The City shall have the authority to adopt by resolution such rules and
regulations as it shall deem appropriate for the operation, maintenance, repair,
replacement, upgrade or extension and charges for said use of the sewer system and
wastewater treatment facility as are not inconsistent with the provisions of this
Chapter. (Ord. 431, 5-7-1984)
B. Amendment: Nothing herein contained shall prohibit the Mayor and Council from
amending, altering or adding to the provisions of this Chapter in relation to the sewer
service supplied by the City in regard to rates, charges, expansio~ alteration, repair or
any other matter related to the sewer system, as changed conditions may require from
time to time. (Ord. 84, 10-8-1956)
9-4-7: AUTHORITY OF CITY AUTHORIZED REPRESENTATIVES:
A. Right Of Entry; The City, through its authorized representatives, bearing proper
credentials and identification, shall be permitted to enter all properties for the
purposes of inspection, observation, measurement, sampling and testing in
accordance with the provisions of this Chapter. The City shall have no authority to
inquire into any processes including metallurgical, chemical, oil, refining, ceramic,
paper or other industries beyond that point having a direct bearing on the kind and
source of discharge to the public sewers or natural waterways. (Ord. 339, 5-29-1979)
B. Observe Safety Rules; Liability Restrictions: While performing the necessary work
on private properties referred to in the preceding subsection, the authorized
representative of the City shall observe all safety roles applicable to the premises
established by the sewer user and the sewer user shall be held harmless for injury or
death to any City authorized representative and the City shall indemnify the sewer
user against loss or damage to its property by any authorized City representative and
against liability claims and demands for personal injury and property damage asserted
against the sewer user and growing out of the gauging and sampling operation, except
as such may be caused by negligence or failure of the sewer user to maintain safe
conditions as required in this Chapter or as reasonably required by prudent standards.
(Ord. 339, 5-29-1979; amd. 1999 Code)
C. Access To Easements: The City, through its authorized representatives bearing proper
credentials and identification, shall be permitted to enter all private properties through
which the City holds a duly negotiated easement for the purposes of, but not limited
to, inspection, observation, measurement, sampling, repair and maintenance of any
portion of the sewer works lying within said easement. All entry and subsequent
Sewer Use and Service Revision Ordinance
Page 6 of31
work, if any, on said easement shall be done in full accordance with the terms of the
duly negotiated easement pertaining to the private property involved. (Ord. 339, 5-29-
1979)
9-4-8: REQUIRED USE OF SEWERS:
A. Connection To Public Sewer: The owner or occupant of any house, building or
property used for residential, commercial, industrial, governmental or recreational
use, or other purpose, situated within the City which is abutting on or having a
permanent right of access to any street, alley or right of way in which there is located
a public sewer of the City is hereby required to cease using any other method of
disposing of sewage, waste or polluted water, and at his expense to connect such
building directly with the public sewer in accordance with the provisions of this
Chapter, within sixty (60) days after date of official notice from the City to do so;
provided, however, that said sewer is within three hundred feet (300') of any property
line of the building to be served or common property line in a multiple building
development.
B. New Subdivision Or Development: The owner or developer of a new subdivision or
development whether subdivided or not shall, at his expense, construct the necessary
extensions of the public sewer system to provide public sewer facilities for each lot or
building area in his subdivision. Additionally, the owner or developer shall have the
responsibility, at his expense, of instalJing the main sewer line to the boundary in his
development which is farthest away from the point at which initial connection is
made to the existing City sewer main.
C. Prohibited Wastes: It shall be unlawful for any person to place or deposit in any
unsanitary manner on public or private property within the City, or in any area under
the jurisdiction of the City, any human or animal excrement, garbage or other
objectionable waste.
D. Discharge Of Sewage To Natural Outlet: It shall be unlawful to discharge to any
natural outlet within the City, or in any area under the jurisdiction of the City, any
sewage or other polluted waters, except where suitable treatment has been provided in
accordance with subsequent provisions ofthis Chapter.
E. Privies And Septic Tanks: Except as hereinafter provided, it shall be unlawful to
construct or maintain any privy, privy vault, septic ta~ cesspool or other facilities
intended or used for the disposal of sewage. (Drd. 477, 4-21-1987)
9-4-9: REGULATIONS FOR USE OF PUBLIC SEWERS:
The use of the public sewers of the City shall be in accordance with the following
regulations:
A Discharge Of Surface Waters:
Sewer Use and Service Revision Ordinance
Page 7 of31
1. No person shall discharge or cause to be discharged from any connection any stonn
water, surface water, ground water, roof runoff;, subsurface drainage, uncontaminated
cooling water or unpolluted industrial process waters to any sanitary sewer.
2. Storm water and all other unpolluted drainage shall be discharged to sewers that
are specifically designated as storm sewers, or to a natural outlet approved by the City
and the entity having jurisdictional authority over the natural outlet. Industrial cooling
water or unpolluted process waters may be discharged, complying with the
requirements of section 308 of the Act and on approval of the City and the entity
having jurisdictional authority over the natural outlet, to a storm sewer or natural
outlet.
B. Prohibited Discharges: See Title 9, Chapter 2, Section 2, "General Sewer Use
Requirements" .
1. No person shall discharge or cause to be discharged any of the following described
waters or wastes to any public sewers: solid or viscous substances in quantities or of
such size capable of causing obstruction to the flow in sewers, or other interference
with the proper operation of the sewage works such as, but not limited to, ashes,
cinders, sand, concrete, mud, straw, shavings, metal glass, rags, feathers, tar, plastics,
wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails
and paper dishes, cups, milk containers, etc., either whole or ground by garbage
grinders.
2. No person shall discharge or cause to be discharged substances, materials, waters
or wastes if it appears likely, in the opinion of the City, that such wastes can harm
either the sewers, wastewater treatment process or equipment, have an adverse effect
on the receiving stream or can otherwise endanger life, limb, public property or
constitute a nuisance. In forming its opinion as to the acceptability of these wastes,
the City will give consideration to sllch factors as the quantities of subject wastes in
relation to flows and velocities in the sewers, materials of construction of the sewers,
nature of the sewage treatment process, capacity of the sewage treatment plant,
degree of treatability of wastes in the sewage treatment plant and other pertinent
factors.
C. City Authority:
1. If any waters or wastes are discharged, or are proposed to be discharged to the
public sewers, which waters contain the substances or possess the characteristics
enumerated in subsection B2 of this Section, and which, in the judgment of the City,
may have a deleterious effect upon the sewage works. processes, equipment or
receiving waters, or which otherwise create a hazard to life or constitute a public
nuisance. the City may:
a. Reject the wastes;
Sewer Use and Service Revision Ordinance
Page 8 of31
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. ~ SO-901(A)
CITY OF MERIDIAN ORDINANCE NO. 04- II tJ (;
PROVIDING FOR REPEAL AND RE-ENACTMENT OF WATER USE AND SERVICE
REGULATIONS.
This ordinance of the City of Meridian repeals Chapter 1 of Title 9 of the Meridian City Code
concerning Water Use and Service regulations, and re-enacts a new Chapter 1, Title 9. The new
chapter contains purpose, definitions, jurisdiction, mandatory use, how application for service is
made and processed, determines where City liability for water service lines begins and ends,
regulates water service connections and water lines, workmanship, backfilling and surface repair,
right of entry for inspection, water main extensions, assessments and fees, cooperative or
reimbursement agreements, how water charges are calculated, water user and equivalent
COill1ection appraisals, when service can be extended outside of the City limits, when charges are
due and when late charges may be assessed, effects of delinquent accounts, turn off of water
service for nonpayment, establishment of a water fund within the enterprise fund, regulates
private water systems, regulates pressurized irrigation systems, limits City liability for shortages,
regulates lawn sprinkling and water use restrictions as wen as post locations, provides for fire
hydrants, protects water meters and pipes, prohibits the waste of water, makes users liable for
violation of the ordinance and provides penalties for violations.
A full text of this ordinance is available for inspection at City Hall, C~ of Meridian, 33 East
Idaho, Meridian, Idaho. This ordinance shall R~QO\1Wleffective on the 5- day of C/ch~
\\\\ I1II -
2004. ...,'\"--{ Of MERlD'IIII;
..." CJ~ 0 ~A .'/<--
.'.~ o'f\.P fTA;-. 'Y S
.;. ~.....r::) i.f::"A -;::.
~ ~ v ~
-
~
~
.....
First Reading: ( t? - S - t;? 4-
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902:
YES fG NO
Second Reading:
Third Reading:
Z:\Work\M\Meridian\Meridian I 5360M\Ordinances City Hall\2004 Ord\Water use and service Sum Ord October2004.doc
Water Use and Service Regulation Revision Summary
Page 1 of 1
b. Require pretreatment to an acceptable condition for discharge to the public
sewers;
c. Require control over the quantities and rates of discharge; and/or
d. Require payment to cover the added cost of handling and treating the wastes not
covered by existing taxes or sewer charges under the provisions of Section 9-4-21
oftrus Chapter.
2. If the City permits the pretreatment or equalization of waste flows, the design and
installation of the plants and equipment shall be at the owners expense and subject to
the review and approval of the City and subject to the requirements of all applicable
codes, ordinances and laws. (Ord. 339, 5-29-1979)
D. Grease, Oil and Sand Interceptors: Grease, oil and sand interceptors shall be provided
at the owners expense when, in the opinion of the City, they are necessary for the
proper handling of liquid wastes containing grease or any flammable wastes, sand or
other harmful ingredients; except that such interceptors shall not be required for
private living quarters or dwelling units. All interceptors shall be of a type and
capacity approved by the City and shall be located as to be readily and easily
accessible for cleaning and inspection. There shall be one (1) interceptor per user;
interceptors shall not serve more than one user unless specifically approved by the
City in writing. These interceptors shall be adequately maintained by the owner and
are subject to periodic inspection by the City. (Ord. 795, 7-7-1998)
E. Maintenance Of Pretreatment Facilities: Where preliminary treatment or flow-
equalizing facilities are provided for any waters or wastes, they shall be maintained
continuously in satisfactory and effective operation by the owner at rus expense. If,
in the opinion of the City, maintenance by the owner of the pretreatment facility is
inadequate, the owner shall provide a maintenance schedule to the City for review
and approval. Upon approval of the maintenance schedule, the owner shall
commence with the scheduled maintenance and provide documented proof of the
maintenance activity to the City.
F. Manhole Installation: When required by the City, the owner of any property serviced
by a building sewer carrying industrial wastes shall install a suitable control manhole
together with such necessary meters and other appurtenances in the building sewer to
facilitate observation, sampling and measurement of the wastes. Such manhole, when
required, shall be accessibly and safely located, and shall be constructed in
accordance with plans approved by the City. The manhole shall be installed by the
owner at his expense, and shall be maintained by him so as to be safe and accessible
at all times.
G. Measurements, Tests And Analyses: All measurements, tests and analyses of the
characteristics of waters and wastes to which reference is made in this Chapter shall
be determined in accordance with the latest edition of II Standard Methods for the
Sewer Use and Service Revision Ordinance
Page 9 of31
Examination of Water and Wastewaterf!, published by the American Public Health
Association, and shall be determined at the control manhole provided or upon suitable
samples taken at said control manhole. In the event that no special manhole has been
required, the control manhole shall be considered to be the nearest downstream
manhole in the public sewer to the point at which the building sewer is connected.
Sampling shall be carried out by customarily accepted methods to reflect the effect of
constituents upon the sewage works and to determine the existence of hazards to life,
limb and property.
H Special Agreements: No statement contained in this Chapter shall be construed as
preventing any special agreement or arrangement between the City and any industrial
entity whereby an industrial waste of unusual strength or character may be accepted
by the City for treatment, subject to payment therefore by the industrial entity.
1. Notice Of Violation; Remedial Action: Any property owner or sewer user violating
the provisions of this Section shall, upon notice by the City, immediately install such
preliminary treatment through separators, traps and/or chemica~ physical or
biochemical processes as will make and assure that the sewage contributed from such
property or premises will meet the requirements of this Chapter. (Ord. 339, 5-29-
1979)
9-4-10: PERMISSION TO DISCHARGE OBJECTIONABLE WATER OR
WASTES:
A. Review And Approval: The admission into the public sewers of any water or wastes
having:
Biochemical oxygen demand (BOD) greater than 300 mg/I,
Chemical oxygen demand (COD) greater than 900 mg/l,
Suspended solids in excess of 300 mg/I,
shall be subject to the review and approval of the City.
B. Pretreatment Provided By Owner: Where necessary, in the opinion of the City, the
owner shall provide, at his expense, such pretreatment as may be necessary to reduce
the BOD to three hundred (300) mg/l, the COD to nine hundred (900) mg/I and the
suspended solids to three hundred (300) mg/I. Plans, specifications and any other
pertinent information relating to proposed preliminary treatment facilities shall be
submitted for the approval of the City and of the Idaho Department of Environmental
Quality, and no construction of such facilities shall be commenced until said
approvals are obtained in writing. (Ord. 339, 5-29-1979)
Sewer Use and Service Revision Ordinance
Page 10 of31
9-4-11: BUILDING SEWERS AND SERVICE CONNECTIONS:
All materials and workmanship in the installation of building sewers and service
connections shall conform to the following regulations:
A Permit Required: No unauthorized person shall uncover, make any connections with
or opening into, use, alter or disturb any public sewer or appurtenance thereof without
fIrst obtaining a written permit from the City. The permit shall not be issued until all
sewer assessment charges and other applicable fees have been paid in full.
B. Classes Of Permits: There shall be two (2) classes of building sewer permits: 1) a
general permit for residential and commercial sewer service, and 2) industrial user
permits for sewer service to establishments producing industrial wastes.
1. General Permits: The owner or his agent shall make application to the Public
Works Department for general permits. The permit application shall be supplemented
by any plans, specifications or other information considered pertinent in the judgment
of the City at the time the application is filed. Also, the owner or his agent shall pay
to the City, at the time the permit is issued, an assessment fee, which shall be
established by resolution of the City Council; and
2. Industrial Permits: Industrial user permits shall be applied for by the owner or his
agent by letter to the City Council accompanied by an executed copy of the industrial
user agreement together with any plans, specifications or other information
considered pertinent in the judgment of the City. Industrial user permits shall be
approved by the City Council based on recommendation by the Public Works
Director. Approval shall be contingent upon the availability of excess capacity in the
sewage treatment plant, the provisions of this Chapter and any other considerations
the City Council deems appropriate. The amount of the permit, inspection fee and
assessment fee for an industrial wastes sewer service will vary with each permit and
shall be established by the City at the time of application. The owner shall pay all
fees at the time the permit is issued.
C. Costs Borne By Owner; Liability: All costs and expense incident to the installation
and connection of the building sewer and service connection shall be borne by the
owner. The owner shall indemnify and hold harmless the City from any loss or
damage that may directly or indirectly be occasioned by the installation of the
building sewer and the marking of the service connection for same to the public
sewer.
D. Separate Connections For Each Building: A separate and independent building sewer
and service connection shall be provided for every building. Any exception to this
requirement shall conform with Uniform Plumbing Code.
Sewer Use and Service Revision Ordinance
Page 11 of31
E. Old Building Sewers: Old building sewers may be used in connection with new
buildings only when they are found, on examination and being tested as required by
the City, to meet all requirements oftrus Chapter.
F. Conformance With Building And Plumbing Codes: The materials of construction of
the building sewer and service connections, and the methods to be used in excavating,
placing of the pipe, jointing, testing and backfilling the trench, shall all conform to
the requirements of the Building and Plumbing Codes as have been or may be
adopted by the City J 1 .
G. Pipe Size; Building Sewer Grade And Slope: All building sewers shall meet the
requirements of the International Building Code or Uniform Plumbing Code.
H. Connecting Surface Water Drainage To Building Sewer: No person shall make
connection of roof downspouts, exterior foundation drains, areaway drains or other
sources of surface runoff or ground water to a building sewer or building drain which
in turn is connected directly or indirectly to a public sanitary sewer.
I. Service Connection Requirements: The service connection to the public sewer shall
conform to the requirements of the International Building Code and Uniform
Plumbing Codes as adopted by the City.
J. Notify City For Inspection: The applicant for the building sewer permit shall notify
the City when the connection to the public sewer to the building sewer is ready for
inspection.
K. Guarding Excavations: All excavations for building sewer installation shall be
adequately guarded with barricades and lights so as to protect the public from hazard.
Streets, sidewalks, parkways and other public property disturbed in the course of the
work shall be restored in a manner satisfactory to the City. (Ord. 339, 5-29-1979)
L. Work Done By Contractor: The connection of the building sewer service to the public
main sewer shall be made by a public works contractor having a valid State ofIdaho
license for this specialty work. (Ord. 477,4-21-1987)
9-4-12: JNDUSTRIAL USERS:
All industrial users of the sewer system shall comply with any applicable requirements of
sections 204(b), 307 and 308 of the Federal Water Pollution Control Act. There shall be
two (2) classes of industrial users: a) major contributing industry, and b) minor
contributing industry.
A. Contributing Industries Defined: The contributing industries are defined as follows:
1. Major Contributing Industry: A major contributing industry is one that:
Sewer Use and Service Revision Ordinance
Page 12 of31
a. Will contribute greater than ten percent (10%) ofthe design hydraulic flow of
the treatment works.
b. Will contribute greater than ten percent (10%) of the design pollutant loading of
the treatment works.
c. Has in its waste a toxic pollutant in toxic amounts as defined in standards issued
under section 307(a) of the Act.
d. Has significant impact, either singly or in combination with other contributing
industries, on the sewer system or the quality of its effluent.
2. Minor Contributing Industry: A minor contributing industry shall be all industries
not included in the major contributing industry classification as defined in subsection
Al ofthis Section.
B. Requirements:
1. Monitoring Wastes: All major contributing industries' wastes shall be monitored by
the City or industry on a regular basis at intervals not less than monthly, and more
frequently as the characteristics of the specific industrial discharge may dictate.
Minor contributing industries shall be monitored by the City or industry as the
characteristics of the specific industrial discharge may dictate as determined by the
City.
2. Reports To City: All major contributing industries shall submit to the City on the
fIrst day of the months ofIune and December, a statement in writing regarding
specific actions taken to achieve full compliance with the requirements of section 307
of the Act.
3. Report Changes In Flow Or Characteristics: Each contributing industry shall report
any substantial (exceeding 10%:f:) change in flow or characteristics of wastewater
being discharged into the sewer system. The report shall include quantity and quality
of effluent and duration and frequency of discharge. (Ord. 339, 5-29-1979)
9-4-13: INSPECTION AND APPROVAL OF CONNECTIONS:
No connection of any kind to a public sewer line shall be made and no sewage permitted
to flow through such connection except pursuant to inspection of and approval issued by
the City. See Section 9-4-11 of this Chapter for sewer permits, inspection fees, inspection
notices, etc. (Ord. 339, 5-29-1979)
9-4-14: REJECTION OF MATERIALS OR WORKMANSHIP:
The City may reject any material or workmanship for cause and, upon such order,
rejected material shall be removed and replaced with approved material. Disapproved
Sewer Use and Service Revision Ordinance
Page 13 of31
{
workmanship shall cause the removal and replacement of all materials involved,
including appurtenances, excavation, backfilling and other work items. (Drd. 339, 5-29-
1979)
9M4-15: SEWER LINE EXTENSIONS:
A Compliance With Master Plan: All proposed extensions of the Municipal sewer
system to serve undeveloped areas within the existing corporate limits, newly
annexed areas or areas outside the corporate limits shall comply with the overall
master plan for the Municipal sewer syste~ unless otherwise authorized by the
Public Works Director.
B. Owner Responsible For Costs; Exception: Costs for ail extensions which lie outside
the boundary limits of the property for which the extension is requested shall be the
responsibility of that property owner or his agent. Cost for sewer extensions within
the property for which the extension is requested shall also be the responsibility of the
owner or his agent. Sewer extensions shall be required to extend to the farthest
boundary of the development When it is necessary to install oversized lines as part of
an extension, the owner may request a reimbursement agreement perM.C.C. 9-4-19.
C. Newly Developed Areas: Unless a special permit is granted by the City, all Municipal
sewer system extensions into newly developing areas shall be installed prior to the
construction of any new streets.
D. Compliance With City Specifications: All design and construction of any extensions
to the Municipal sewer system shall comply with the official specifications for sewer
system extensions as adopted by the City.
E. Preparation And Filing Of Plans: The plans for all extensions to the sewer system
shall be prepared and signed by a registered professional engineer as per the licensing
requirements of the Idaho Code. Construction may not commence until plans have
been approved by the Idaho Department of Environmental Quality as required by the
Idaho Code. In approving a plan for extension to the Municipal sewer system, the
City reserves the right to stipulate other requirements such as a special permit fee,
rights-of-way limits, sequence of construction, time limits for having existing service
disrupted, the provision of surety guaranteeing completion and other similar measures
as may be required to protect the public. No work shall commence on any such
extension of the Municipal sewer system until the extension project has been
approved by the City.
F. Certification By Registered Engineer: After the construction of any Municipal sewer
system extensions, it shall be the obligation of the owner, or his agent, to have a
registered professional engineer certify to the City and to the Idaho Department of
Environmental Quality that the said system extensions were installed in accordance
with the approved plans and specifications on ftle with the respective agencies.
Following certification by the registered professional engineer and acceptance by the
Sewer Use and Service Revision Ordinance
Page 140f31
City, the entire extension of the Municipal sewer system shall become the property of
the City and it shall be the Cityfs responsibility to maintain and operate the system
thereafter.
G. Connections Made After Extension Accepted: If it is necessary for the City to permit
a sewer service connection and! or sewer service line at any time after the extension
has been originally accepted by the City, the owner or his agent shall be required to
pay the sewer assessment fee as well as the standard permit and inspection fees as
may be established by the City for such purposes. The owner or agent is responsible
for all costs associated with installation of the sewer service connection to the sewer
main and the sewer service line. (Ord. 477,4-21-1987)
H. Work Done By Contractor: The installation of all public sewer systems shall be
performed and completed by a contractor possessing a valid State ofIdaho public
works license with the proper endorsement for the work.
9-4-16: BACKFILLING:
Backfilling of building sewers and service connections within the limits of public rights
of ways or easements shall conform to special specifications promulgated by the Ada
County Highway District, for sewer installation, and shall be subject to inspection by and
approval of the Ada County Highway District. (Ord. 339, 5-29-1979)
9-4-17: SEWER AND WATER PLANS ADOPTED:
A. Adoption Of Plans: The "2004 City of Meridian Wastewater Treatment Plan Facility
Plan Update" is adopted as the official planning documents for the City of Meridian
wastewater treatment system. The ((2003 Sewer Master Plan Update" is adopted as
the official planning document for the City of Meridian sanitary sewer collection
system. .
B. Treatment Requirements: Wastewater collection, treatment, and disposal will comply
with State of Idaho Department of Environmental Quality and United States
Environmental Protection Agency rules and regulations. (Res. 54, 11-5-1973)
9-4-18: ASSESSMENT AND OTHER FEES:
A. Sewer Assessment Fee. Notwithstanding any of the provisions of this Chapter, any
person, firm, partnership, corporation or association or property owner who has not
otherwise paid for, or contributed proportionately toward, the costs and expenses of
constructing a sewer line, whether that construction has been performed by the City, a
local improvement district or a private entity, or combination thereof. and who
subsequently desires to connect to the City sewer system, shall be required to pay, in
addition to the required connection charges of subsection 9-4-25B of this Chapter and
the monthly user charges of Section 9-4-24 of this Chapter, an additional connection
Sewer Use and Service Revision Ordinance
Page 15 of31
(
charge which shall be known as an "assessment fee". The assessment fee shall be
computed on an "equivalent residential unit", or "ERU' basis.
B. Fee Set By City Council: The sewer assessment fee for each parcel of ground
connected to a trunk sewer line shall be established and set by the City Council. The
sewer assessment fee may be different for residential, commercial, and industrial uses
and may be different for differing uses within those three (3) classifications
depending upon the considerations of eftluent quality but shall be as consistent as
possible under similar factual circumstances. The sewer assessment fee shall be
assessed in terms of equivalent residential units. (Ord. 482, 6-16-1987)
C. Wastewater Treatment Assessment Fee. A treatment fee shall be required for every
sewer user initiating sewer service, changing use of a property already connected to
sewer or increasing the discharged wastewater flow.
9-4-19: COOPERATIVE AND REIMBURSEMENT AGREEMENTS:
A Reimbursement To Sewer User: Should a sewer user at his own expense construct an
extension to the sewer system in a public right of way or easement with prior
approval of the City and in accordance with the standards and designs of the City and
which sewer line extension has been determined by the City to be able to benefit
properties other than the user's, the sewer user constructing the extension may be
reimbursed for the proportionate cost of the sewer benefiting adjacent or other
properties by entering into an agreement with the City if any of the following apply:
1. The sewer extenSion lies outside the sewer user's property and provides sewer
service to other property;
2. The sewer extension is within the sewer user's property and is a gravity sewer
larger than eight-inch diameter;
3. The eight-inch gravity sewer within the sewer user's property is required to be
greater than ten (10) feet deep to serve upstream properties.
4 _ The sewer extension includes a permanent lift station.
5. The sewer extension includes a temporary lift station which the City requires to
be oversized to serve adjacent or upstream properties.
B. To be eligible for reimbursement, the user must:
1. Design the sewer extension in substantial accordance with the City of Meridian
Master Sewer Plan;
2. Receive City approval of the sewer extension construction plans;
3. Construct the sewer extension in accordance with approved plans and City of
Meridian standard specifications and details;
4. Solicit and receive three (3) bids for the sewer extension and select the lowest
responsive bid as determined in a bid opening. The user must notify the Public
Works Department of the bid opening forty-eight (48) hours in advance and
Sewer Use and Service Revision Ordinance
Page 16 of31
provide the opportunity for a Public Works Department representative to attend
the bid opening during normal working hours;
5. Receive preliminary plat approval from City Council for the development to be
selVed by the sewer extension. Sewer extensions intended to serve non-
subdivision projects, and for which the developer seeks a reimbursement
agreement, must receive approval for a reimbursement agreement from City
Council prior to construction plan approval by the City.
C. Developer Reimbursement Agreements
The City shall not be required to enter into a reimbursement agreement and whether
or not to enter into such an agreement shall be at the sole discretion of the City
Council; provided however, that:
1. No reimbursement agreement shall have a duration greater than ten (10) years
unless the City is a beneficiary of the agreement.
2. No reimbursement agreement shall pay to the sewer user paying for or
constructing a sewer line extension more than one hundred percent (1000.10) of his
actual engineering and construction costs, it being noted that in most cases at least
some ofthe cost would ordinarily be assessed to the sewer users own property.
3. A reimbursement agreement may provide for interest to be paid to the sewer user.
4. The City may charge and may receive a five percent (5%) administrative fee
against the amount reimbursable to the sewer user for administration, accounting,
auditing, and payment of the reimbursement payments made to the sewer user so
extending the sewer line and having reached a reimbursement agreement with the
City.
5. The reimbursement agreement shall be personal to the sewer user entering into it
and shall not be assigned without the written consent of the City, which consent
will not be unreasonably withheld.
6. The agreement will terminate when the user has been fully reimbursed if the
agreed upon reimbursement amount is paid prior to the end of the term of the
agreement.
7. The agreement shall be binding on the sewer user and his assigns, successors,
heirs and executors and may be recorded as an encumbrance against the property
of the sewer user.
8. The sewer user shall be required to indemnify and hold the City harmless from
any and all liability whatsoever until the sewer line has been accepted for
maintenance by the City.
Sewer Use and Service Revision Ordinance
Page 17 of31
9. Said lines, after acceptance, shall become part of the City sewer system and be the
sole property of the City.
D. Methods of Reimbursement
The reimbursement to the party constructing off-site or over-size or over-depth sewer
will be from the sewer assessment fees owed or paid by the user as required under 9-
4-18(B).
E. Amount of Reimbursement
1. Offsite Gravity Sewer Extensions. The amount of reimbursement to the user shall
be based on the projected proportion capacity that the user's project requires. The
amount of reimbursement shall be based on actual construction costs, and may
include reasonable engineering, surveying, construction staking, project
management and easement acquisition costs.
2. Onsite Gravity Sewer Extensions. The amount of reimbursement to the user
constructing "over-size" or "over-depth" gravity sewer shall be based on the
percentages in the following table. Only construction costs are eligible for
reimbursement for "over-size" or "over-depth" onsite gravity extensions.
T bI 1 0 . S
&" b
p
a e nSlte ewer elm ursement ercentage
(I)Depth,
ft 10" 12" IS" 18" 21" 24" 2T' 30" 36"
10 11.5% 25.8% 39.5% 46.5% 50.0% 56.6% 63.5% 67.1% 72.0%
12 17.9% 30.3% 42.5% 48.9% 52.1% 58.2% 64.6% 68.1% 72.6%
14 23.3% 34.3% 45.2% 51.1% 54.0% 59.6% 65.7% 68.9% 73.3%
16 36.1% 43.9% 52.1% 56.6% 58.9% 63.5% 68.5% 71.3% 75.0%
18 39.5% 46.5% 54.0% 58.2% 60.3% 64.6% 69.3% 72.0% 75.5%
20 42.5% 48.9% 55.8% 59.6% 61.7% 65.7% 70.1% 72.6% 76.0%
22 47.7% 53.1% 58.90./0 62.3% 64.1% 67.6% 71.6% 73.9% 77.0%
24 50.0% 54.9% 60.3% 63.5% 65.2% 68.5% 723% 74.4% 77.5%
(1) Depth calculated as average depth from finish grade to pipe invert from manhole to
manhole.
F. Reimbursement To City: Where the City constructs a sewer line extension, either on
its own or in conjunction with another person or entity, the City may enter into a
reimbursement agreement as authorized above such that the City is reimbursed for its
costs of construction, engineering, legal costs and interest. (Ord. 482, 6-16-1987)
9-4-20: BOARD OF APPRAISERS:
A. Board Created: There is hereby created the Board of Appraisers, consisting of three
(3) members, to be the same persons as the Mayor, the City Clerk and the Public
Works Director.
Sewer Use and Service Revision Ordinance
Page 18 of31
B. Duties: The Board of Appraisers shall be delegated the duty of hearing any disputes,
objections or appeals by a sewer user regarding assessment fees, monthly user
charges or other fees established by this chapter.
9-4-21: SEWER CHARGE APPRAISAL:
If the user or owner disputes a sewer connection fee or monthly user charge, the user or
owner may request that the parcel being subject to sewer connection, charge, periodic
user charge, or other fees as provided for in Section 9-4-23 of this Chapter be appraised
and assessed by the Board of Appraisers for the purpose of establishing the equivalent
connection rating, the sewer connection charge, the inspection fee, the monthly service
charge or other fees to be charged or assessed to and against such property. In making
such appraisement and assessment, there shall be taken into consideration the area ofland
being served and the amount offlow (Q), the biochemical oxygen demand (BOD), the
suspended solids (SS) and any other pertinent components of the wastes that the user is
contributing to the system so as to establish, as nearly as possible, the rate, charge or fee
for each property on the same relative basis as is imposed upon other like property and
uses within the City that has or will receive the sewer service. This procedure may also
be used to determine the initial charges set forth herein or to change or modify the initial
charges. (Ord. 477,4-21-1987)
9-4-22: FINAL APPROVAL OF SCHEDULE OF CHARGES:
The City Council has the power to approve, confirm, modify or amend any charge, rate or
fee provided by this Chapter and the decision of the City Council shall be final. Upon
final approval of the City Council, the same shall then and there be in effect and a copy
thereof shall be filed in the office of the City Clerk. (Ord. 339, 5-29-1979)
9-4-23: BASIS FOR SEWER CHARGES:
A System Of Charges Established: There is hereby established a system of assessment
fees, user charges, permit, review and inspection fees, periodic service charges and
other fees for the use of, and for service rendered by the sewer works ofthe City. The
rates, charges and fees provided by this Chapter are hereby levied and assessed
against each lot, parcel ofland, building or property having any connection with the
sanitary sewer works of the City or otherwise discharging sanitary sewage, industrial
wastewater or other liquids directly into the sanitary sewer works of the City. The
rates, charges and fees shall be billed to and paid by the owner of each lot, parcel of
land, building or property served by the sewer system.
B. Properties Subject To Charges: It is specifically enacted that all property in the City to
which a public sewer is available and is required to connect to the sewer as required
in Section 9-4-8 oftbis Chapter, but is not used by the owner or occupier of said
parcel of land, is still subject to user charges under the provisions oftbis Chapter.
(Ord. 376, 7-7-1980)
Sewer Use and Service Revision Ordinance
Page 19 of31
,.
!
9-4-24: W ASTEW ATER USER FEES AND ASSESSMENT FEES:
The monthly sewer user rates for sanitary sewer service in the City are based on gallons
of water used as determined by the water meter readings. Residential homeowner's
sanitary sewer user charges will be based on the actual water recorded for monthly water
meter readings during the period of the year from approximately November 15 to the
following March 15. For the following eight (8) month period, the average montWy
reading for the period of November 15 to the following March IS, tenned the "winter
average", shall be the basis for the montWy sewer user charge. However, if the actual
water use recorded for any billing period between March 15 and November 15 is less
than the preceding ''winter average", the sewer user charge will be based on the actual
water use. Also, provided, however, where there is a new owner, a new occupancy, or a
change in occupancy, such as in the case of sale or new residence construction or sales of
existing residences, between November 15 and March 15, the sewer user charge shall be
based on the average winter residential water use in the City which is six thousand five
hundred (6,500) gallons per month unless the current water meter readings is less than six
thousand five hundred (6,500) gallons. In this case, the sewer user charge will be based
on actual metered water use. All other users such as commercial and industrial shall be
based on their montWy water consumption. The user charges may be reviewed annually.
The user charge system is based on the following: (Ord. 477, 4-21-1987; amd. 1999
Code)
A MontWy Service Charges:
1. The minimum sewer charge shall be as established by resolution of the City
Council (Ord. 02-967, 7-23-2002)
B. Number Of Equivalent Residential Units Per Use: The wastewater assessment fees
for all new sewer users, other than single-family residential, shall be based on the
number of equivalent residential units (ERU's) listed in Table 2, , unless other
acceptable means of determining ERU's are used. Other acceptable means may
include the Uniform Plumbing Code "ftxture unit" method or examination and
analysis of historical consumption records of similar facilities within or outside the
City of Meridian
Table 2. Equivalent Residential Units
Classification
Apartment
Bank
Bar
Barbershop, per chair
Beauty salon, per operator station
Bowling alley, per lane
Number Of
Equivalent
Connections
Minimum
Equivalent
Connections
See Multiple Living Unit
2
2
0.5 1.0
0.5 1.0
0.2 1.0
Sewer Use and Service Revision Ordinance
Page 20 of31
Cafe, per customer seating capacity
Car dealer
Car wash (to be computed on an individual basis)
Church
Club, private
Condominium
Dentist, per practitioner
Department store (per 3,000 square feet)
Doctor, per practitioner
Drugstore
Dry cleaners
Duplex
Fourplex
Garage (minimum)
Grocery store
Hospita~ per bed
Industry (see Major or minor contributing industry)
Laundries
Commercial (to be computed on an individual basis)
Self-service up to and including 10 washing
machines
Each washing machine in excess of 10
Lodge or private club
Major contributing industry (as per separate
agreement)
Minor contributing industry (as per separate
agreement)
Mobile home court or Dark
First space
Each additional space, long term tenant type
Each additional space, short term tenant type
Mobile home or trailer house on own premises
Motel. hotel. roo mine house.. etc.
With cooking facilities
First unit
Each additional unit
Sewer Use and Service Revision Ordinance
Page 21 of31
(
0.1
2
2.0
xxx
2
2
See Multiple Living Unit
1
1
1
2
2
See Multiple Living Unit
See Multiple Living Unit
2
See Retail Food Store
0.15
xxx
4
0.25
2
xxx
xxx.
1
1
1
1
1
0.5
Without cooking facilities
First unit 1
Each additional unit 0.25
Multiple liviD!! unit
Studio or 1 bedroom 1
2 bedrooms 1
3 or more bedrooms 1
Office building for each 2,500 square feet of gross 1
floor space or fraction thereof
Photo development lab 2
Railroad depot 2
Restaurant, per customer seating capacity 0.1 2.0
Retail food store for each 1,500 square feet of gross 1
floor area or fraction thereof
Retail store for each 3,000 square feet of gross floor 1
area or fraction thereof
Schools per each 50 students in average daily 1
attendance or fraction thereof
Service station
Full service 4
Gas and restroom service only 2
With car wash (to be computed on an individual xxx
basis)
Single-family residence 1
Swimmiu3 pool
Private, for each 500 square feet of pool water 0.25
surface area
Public (to be computed on an individual basis) xxx
Tavern
Theater
Townhouse
2
2
1
Trailer court or Dark
First unit
1
Sewer Use and Service Revision Ordinance
Page 22 of31
Each additional space, long term tenant type
Each additional space, short term tenant type
0.75
0.5
Triplex
Variety store, for each 3,000 square feet of gross
floor area or fraction thereof
See Multiple Living Unit
1
9N4-25: SEWER CONNECTION REQUlREMENTS; FEES AND CHARGES:
A Permit Required; Fees:
1. Application For Permit: To obtain municipal sewer service, the owner or his agent
shall make application to the City. The permit application shall be supplemented by
any plans, specifications or other information considered pertinent in the judgment of
the City. (Ord. 339, 5-29-1979)
2. Permit And Inspection Fee: A permit and inspection fee shall be paid to the City at
the time the permit is issued. Also, the owner or his agent shall pay to the City, at the
time the permit is issued, an assessment charge in the amount as provided for in
section 9-4-24 of this chapter. The amount of the permit and inspection fee shall be as
established by resolution of the City Council.
B. Assessment Charges: The owner, or his agent, of all properties connecting to the
public sewer of the City under the terms of this chapter shall pay an assessment
charge as established by resolution of the City Council for each equivalent connection
or fraction thereof as may be assigned to the property by the City in accordance with
section 9-4~ 18 of this chapter.
C. Materials And Construction Methods: The materials of construction of the sewer
service line and the methods to be used in excavating, placing of the pipe, jointing,
testing and backfilling of the trench and surface replacement shall all conform to the
requirements of specifications and codes as have been or may be adopted by the City.
D. Separate Connection For Each Building: A separate and independent City sewer
service connection shall be provided for each building.
E. Notify City For Inspection: The applicant for the City sewer service connection shall
notifY the City Plumbing Inspector when the connection of the sewer service
connection and line to the public sewer main is ready for inspection. (Ord. 339, 5-29-
1979)
9.4-26: SPECIAL CHARGES; SEWER INSPECTIONS; SEPTIC TANK WASTE
DUMPING:
Sewer Use and Service Revision Ordinance
Page 23 of31
A Connection To City Sewer System Outside City Limits: In order to obtain municipal
sewer system service to parcel(s) which are either partially or entirely outside of the
corporate City limits the following provisions must be complied with:
I. The applicant shall make application to the Public Works Director. Any
agreement to provide sewer service outside the City limits shall provide that the
applicant will agree to the terms and conditions required by tbis section as a
consideration for obtaining such service. The City Council shall establish an
application fee by resolution or upon the recommendation of the Public Works
Director given the amount of staff review required for processing the application. The
application shall specify the legal description of the parcel( s) for which service is
being applied, the name and address of the legal owner(s) of the parcel(s) and purpose
of the requested service.
2. Application must be filed with the Public Works Department.
3. Following the application and the payment of the application fee, the Public Works
Director shall then review the circumstances presented by the application in
accordance with the terms and conditions and regulations of this chapter as are
relevant to the application and which shall also include a review of the effect the
granting of the application will have on the ability of the municipal sewer system to
provide an acceptable level of service to developed parcels with existing service
within the City limits which shall not be compromised.
4. The Public Works Director shall then review the findings and recommendations
with the applicant for comment
5. The Public Works Director shall then submit the application and a report of
recommendation(s) to the City Council regarding the application.
6. The City Council, in the exercise of its discretion may either grant or deny the
application after review of the application and the report ofreconunendation(s) of the
Public Works Director.
7. In the event the Council grants the application it shall include as a condition that
the legal owner(s) of the parcel(s) shall enter into an t1agreement for the extension of
domestic sewer service outside the City limits" (hereinafter in this section referred to
as the lIagreement") which agreement form shall provide that the legal owner(s) of the
parcel(s) agree that the provisions of the City's ordinances, regulations and policies
which appertain to the regulation, control and use of its domestic sewer system
including hookup, service fees, and inspection fees, apply as terms of the "agreementlt
and which form shall also provide that the owner(s) of the parcel(s) agree to the
annexation into the City of the parcel( s) serviced; and the council may also impose
such other conditions of granting the application as are reasonable to assure the
protection of the level of service to developed parcels within the City limits and to
assure tbat the proprietary funds of the City domestic sewer service are not used for
Sewer Use and Service Revision Ordinance
Page 24 of31
the extension and/or enlargement of the system which conditions shall also be
included in the "agreement".
8. The sewer user of the parcel(s) serviced pursuant to a granted application under
this section shall be considered a user and subject to the terms and conditions of the
"agreement" so long as the property being served remains outside of the corporate
limits ofthe City.
9. Notwithstanding subsection AS of this section, if the requested connection is for a
residence, or a multi-family residence not exceeding four (4) residential units, and if
sewer service is readily available to the affected parcel without extension of service,
then, if the Public Works Director deems it in the best interests of the City to do so,
said connection may be authorized by the public works director without action by the
City Council. If the director declines to approve the connection, the request will
proceed to the City Council for final decision. (Ord. 01-910,2-27-2001)
B. Sewer Line And Facility Inspection Fee: A fee shall be established and charged
for inspection of sanitary sewer lines and facilities installed by any entity other than
the City of Meridian. The fee shall be approved by the City Council.
C. Septic Tank Waste Dumping Fee 1: A fee shall be established and charged for
dumping septic waste into the City of Meridian wastewater treatment plant. The fee
shall be approved by the City Council.
9-4-27: BILLING AND PAYMENT OF MONlHLY CHARGES:
All monthly sewer charges shall be due and payable from the owner to the Finance
Department between the first and tenth day of each month for billing from the previous
cycle. For new construction, the monthly user charge shall be computed from the date the
service connection has been inspected and approved or when the building being served is
substantially completed, whichever is the latest date. For new residential construction
completed during the eight (8) lawn sprinkling months, the monthly sewer user charges
shall be based on the use of six thousand five hundred (6,500) gallons per month or actual
use, whichever is less. (Ord. 477,4-21-1987)
9-4-28: DELINQUENCIES; CITY PROCEDURE:
A Termination Of Water Service For Nonpayment: If a sewer user has not paid the
billing within fifteen (15) days from the date of the statement, it shall be deemed
delinquent. The City shall follow the procedure set forth in section 9-1-21 of this title
for termination of water services; and shall cause the water supplied to said sewer
user to be turned offfrom the premises, the City taking notice that, without water, the
sewer system of the user cannot be used and shutting off the water is the only way to
prevent the use of the sewer for nonpayment; provided, if the charges are not paid
within ten (10) days after the delinquency notice; and if no penalty is due for
Sewer Use and Service Revision Ordinance
Page 25 of31
nonpayment of water charges, an additional penalty as set by resolution of the City
Council will be added to the account and must be paid to restore service.
B. Lien Against Property: Where allowed by law, all delinquent charges or fees, as
provided by this chapter, not paid after the final detennination of the sewer user's
account shall be imposed as a lien against and upon the property or premises against
which such charge or fee is levied or assessed. and the City Clerk shall, at the time of
certifying the City taxes, certify such delinquencies together with ail penalties to the
tax collector of Ada County, Idaho, and when so certified, the same shall be a lien
upon the property. All monies collected by the Clerk under the provisions of this
section shall be paid over to the City Treasurer in the same manner as is required for
the payment of other City monies.
C. Use At New Location: The owner of any property leaving a delinquency in sewer fees
at any location shall not be entitled to the use of the sewer system at any new location
until all fee delinquencies are paid.
D. Sewer Fund: All fees and charges received and collected under the authority of this
chapter shall be deposited and credited to a fund to be designated as the sewer fund
within the utility enterprise fund. The accounts of said fund shall show all receipts
and expenditures for the maintenance. operation, upkeep and repair of the sanitary
sewer system and any payments into a sinking fund established for the purpose of
paying principal of and interest on the sewer indebtedness of the City which shall
from time to time be outstanding. As provided by law, when budgeted and
appropriated, the funds and credits to the account of the sewer fund shall be available
for the payment ofthe requirements for the maintenance, operation, repairs and
upkeep of the sanitary sewer system of the City, and to the extent legally available,
for payment into a sinking fund established for the payment ofthe principal and
interest on any sewer bond indebtedness of the City which shall from time to time be
outstanding. (Ord. 03-1044, 9~23-2003)
9-4-29: DISCONNECTION OF SERVICE FOR NONPAYMENT:
A Discontinue Sewer And Water Service: The provisions of this chapter shall apply to
all property served with sanitary sewer within and outside the corporate limits of the
City, including all property owned or occupied by the United States of America, Ada
County, and the state ofIdaho, and in case of nonpayment or delinquency, the
Wastewater Superintendent is, after the City has complied with the provisions of
section 9-4-28 of this chapter, hereby authorized and directed to disconnect and/or
plug the sewer connection with the sewer system of Meridian and direct the Water
Superintendent to terminate the water supply to the property. (Ord. 477, 4-21-1987)
B. Penalty For Turning On Water: If any person, after the water has been turned offfrom
the premises on account of nonpayment of rates or other violation of this chapter or
the rules and regulations pertaining to the sewer service, shall turn on or permit to be
turned on or use or permit the water to be used, without authority, he shall be guilty
Sewer Use and Service Revision Ordinance
Page 26 of31
of a misdemeanor and, on conviction thereof, shall be subject to penalty as provided
in section 1-4-1 of this code for each offense. (Ord. 477, 4-21-1987; amd. 1999 Code)
9~4-30: SEWER SYSTEM FUND:
A Fund Established; Purpose: All fees and charges received and collected under
authority of this Chapter shall be deposited and credited to a special fund to be
designated as the Sewer System Fund. The accounts of said Fund shall show all
receipts and expenditures for the maintenance, operation, upkeep and repair of the
sewer works and any payments into sinking funds as may be established for the
purpose of:
1. Paying principal of and interest on the general obligation or revenue sewer bonds
of the City which shall from time to time be outstanding;
2. Other special funds as may be established by the City Council.
B. Disposition Of Funds And Credits: As provided by law, when budgeted and
appropriated, the funds and credits to the account of the Sewer System Fund shall be
available for the payment of the requirements for the maintenance, operation, repairs
and upkeep of the sewer works of the City and, to the extent legally available, for
payment into a sinking fund established for the payment of the principal of and
interest on the general obligation sewer bonds of the City which shall from time to
time be outstanding. (Ord. 339, 5-29-1979)
9-4-31: RECEIPT AND DISBURSEMENT OF MONIES:
All monies collected by the Finance Department under the provisions of this Chapter
shall be paid, received, disbursed and accounted for as directed by the City Council. (Ord.
84, 1O-8~ 1956)
9-4-32: PRIVATE SEWAGE DISPOSAL SYSTEMS:
Where a public sanitary sewer is not available under the provisions oftms Chapter, the
building sewer shall be connected to a private sewer disposal system complying with the
provisions of this Chapter and in accordance with the following special provisions:
A Permit Required; Permit And Inspection Fee: Before commencement of construction
of a private sewage disposal system, the owner shall ftrst obtain written approval
from the City. The applicant shall provide plans, specifications and other information
as may be deemed necessary by the City. Review and inspection fees shall be
established by resolution of the City Council.
B. Inspection And Approval By City: Building permits for any structure to be served by
an approved private sewage disposal system shall not be issued until the installation is
completed to the satisfaction of the City Engineer. The City shall be allowed to
Sewer Use and Service Revision Ordinance
Page 27 of31
i.
inspect the work at any stage of construction and the owner shall notify the City when
the work is ready for final inspection and before any underground works are covered.
The applicant shall be responsible for payment of all applicable inspection fees prior
issue of building permit.
C. Compliance With State Regulations: The type, capacities, location and layout of a
private sewage disposal system shall comply with all of the rules and regulations and
recommendations ofthe Idaho Department of Environmental Quality, Idaho
Department of Health and Welfare and/or the Central District Health Department. No
septic tank or cesspool shall be permitted to discharge to any natural outlet.
D. Connection To Public Sewer When Available: At such time as a public sewer
becomes available to property served by a private sewage disposal system, a direct
cOlUlection shall be made to the public sewer in compliance with this Chapter and any
septic tank, cesspool or similar private sewage disposal facilities shall be abandoned
and filled with suitable material and all appropriate fees paid.
E. Operation In Sanitary Manner: The owners shall operate and maintain the private
sewage disposal facility in a sanitary manner at all times and at no expense to the
City.
F. Septic Tank Pumpings; Disposal And Fee: Septic tank pumpings shall not be
deposited in any manhole, cleanout or sewer opening. The pumpings may be dumped
at the sewage treatment plant at a point designated by the City. The number of gallons
dumped and the nature of the wastes shall be provided to the plant operator prior to
dumping. A fee for the septic tank dumping shall be approved by the City CouncilD .
G. Additional State Requirements: No statement contained in this Section shall be
construed to interfere with any additional requirements that may be imposed by the
Department of Environmental Quality or Department of Health and Welfare of the
State ofIdaho. (Ord. 339, 5-29-1979)
9-4-33: MAINTENANCE OF LINES; CONTRACTOR LICENSE:
A. Maintenance Of Lines; Digging In Streets: All users of the sewer system shall keep
their pipe connections and other apparatus in good repair and protected from freezing
at their own expense, but no person, except under the direction of the Public Works
Department, shall be allowed to dig into the street, alley, sidewalk or easement
beneath which the lateral and trunk line sewers run or to tap into any such lateral or
trunk line in any manner.
B. Work By Contractor, License Required: Any contractor excavating within the limits
of the public right of way shall posses a valid public works contractor's license for
that specialty. (Ord. 477, 4-21-1987)
9-4-34: POINT OF LIABll..ITY FOR MAINTENANCE:
Sewer Use and Service Revision Ordinance
Page 28 of31
A. User Responsibility: All users shall have the responsibility of, and be liable for, and
shall pay for, all costs and expenses of maintaining their own sewer service lines
extending from their property improvement (i.e. house or building) until such sewer
lines pass the vertical plane of the user's property line. This maintenance liability of
the user includes ensuring that the entire sewer service line from the property line to
the sewer main is clear and free from obstructions. The City shall be responsible for
the structural repair of the portion of the sewer service line located in the public right-
of-way or outside the property which the sewer service is serving.
B. Nonconflicting Provisions: This Section shall not be construed to be in conflict with
Section 9-4-33 of this Chapter, which states that no person shall be allowed to dig
into the street, alley, sidewalk or easement beneath which the lateral and trunk line
sewers run or tap into any such lateral or trunk line in any manner without the Public
Works DepartmenCs authorization. Any such person must also obtain permission
from other entities holding jurisdiction over the public right-of-way or the easement
grantor to perform work within the street, alley, sidewalk or easement for which the
user is liable. (Ord. 477,4-21-1987)
9-4-35: USERS LIABLE FOR VIOLATION:
No user of the City sewer service shall permit or allow any person from any other
premises or any unauthorized person to discharge sewage into said system and the permit
to connect with the sewer system shall be limited to the person and the premises
designated in the permit. Any violation of this Section by either the permit holder or an
unauthorized person shall be deemed a misdemeanor. Any such violations shall be
grounds for the Superintendent to withhold sewer service, without notice of termination
of service, and the Superintendent may require the Water Superintendent to tenninate
water service. In appropriate circumstances the Superintendent may require that a
separate service connection is put in for each user. (Ord. 477, 4-21-1987)
9-4-36: CITY NOT LIABLE FOR DAMAGE OR SERVICE INTERRUPTION:
The City shall not be held liable for damages to any sewer user or his property by reason
ofa stoppage or other interruption of his water supply or sewer disposal service caused
by scarcity of water, accidents to the works, alterations, additions, or repairs to the sewer
or water system or from other unavoidable causes beyond the control of the City. (Ord.
477,4-21-1987)
9-4"37: INJURY TO SEWER SYSTEM UNLAWFUL:
A Damaging Property: No unauthorized person shall maliciously, willfully or
negligently break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part ofthe sewer works.
B. Depositing Garbage: It shall be unlawful for any person to deposit any garbage,
rubbish, sod, lawn clippings and yard debris, construction materials, dead animals or
Sewer Use and Service Revision Ordinance
Page 29 of31
any substance, liquid or solid, having a tendency to obstruct the flow of the sewer in
any manhole, cleanout or sewer opening, or which is prohibited by any other portion
of this chapter, the pretreatment regulations at Chapter 2 of this Title, or any state or
federal regulation.
9-4-38: PENALTIES:
A Notice Of Violation; Responsibility For Remedy: Any person found to be violating
any provisions of this Chapter, other than for nonpayment of a sewer bill, shall be
served by the City with a written notice stating the nature of the violation and
providing three (3) working days for the satisfactory correction thereof. The offender
shall, within the period of time stated in such notice, permanently cease all violations
and if necessary make all corrections and repairs to the system or pay for same if the
City has to make the correction(s) or repair(s).
B. Penalty Imposed: Any person who shall continue any violation, beyond the time limit
provided for hereinabove in this Section shall be guilty of a misdemeanor and, on
conviction thereof: shall be subject to a fine not exceeding one thousand dollars
($1,000.00) or imprisonment not exceeding thirty (30) days, or both such fine and
imprisonment, for each violation. Each day in which such violation shall continue
shall be deemed a separate offense. (Ord. 795, 7-7-1998)
C. Liability To City For Loss Or Damage: Any person violating any of the provisions of
this Chapter shall become liable to the City for any expense, loss, or damage
occasioned by the City by reason of such violation and, for other than nonpayment of
sewer bill violations, may have their sewer and water supply terminated after the
above three (3) working day notice period has expired.
D. Cumulative Penalties: These penalties shall not be construed to be exclusive but shall
be construed to be cumulative ot: and in addition to, any other penalties provided for
in this Code or the Criminal Code of the State; as an example, a person injuring the
sewer system could be criminally charged with malicious injury to property for all
violations initially charged as a criminal violation, the notice provisions provided for
in this Chapter shall not apply. (Ord. 795, 7-7-1998)
SECTION 3: All ordinances, resolutions, orders or parts thereofin conflict
herewith are hereby repealed, rescinded and annulI ed.
SECTION 4: VALIDITY: The Meridian City Council hereby declares that any
section, paragraph, sentence or word of this Ordinance as adopted and amended herein be
declared for any reason to be invalid it is the intent of the Meridian City Council that it
would have passed all other portions of this Ordinance independent of the elimination
herefrom of any portion as may be declared invalid.
SECTION 5: SAVINGS CLAUSE: This Ordinance does not affect an action or
proceeding commenced or right accrued before this Ordinance takes effect.
Sewer Use and Service Revision Ordinance
Page 30 of31
SECTION 6: DATE OF EFFECT: This ordinance shall be in full force and effect
after its passage, approval and publication, according to law.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, tbis
6/1::. day of &~~, 2004.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
S-~ day of t9~ 6fA.... , 2004.
ATTEST:
S
-:::.
~
~
City Clerk ?: f'J:::
~~ Co ,rf> 0 .?
An Ordinance of the City ofMeridiajJ~: . 11 '(:)~Ji, Jr., City Clerk
First Reading: /&-6"-191- 'l///.. COUNT'! . ~ '\.\\'\.'~
Adopted after first reading by suspension/6'f1he Rultt~s allowed pursuant to Idaho Code
50-902: YES X NO
Second Reading:
Third Reading:
STATE OF IDAHO,)
: ss.
County of Ada. )
On this )- t" day of rjch t ey , 2004, before me, the lUldersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and
WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of
the CITY ofMeridi~ 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 dfl}; and year first above written.
",.11' aB'",~
......' :\C"E r SA~~~#.
,," ....~ ..oo,,~. o~ <'7/~~~....
....~.o.. '"~ ~J. 0;.
It,.. ""'r tl-
t ~(Jl/. t
"' .
(SEAL~ "i ~ -.- C ~ '
\ "':"". trBL\ l j ~ING AT: )J1~r/tlt'C{P1
~ or' .. 0. Q ... / ,j
....~f: <"{ }>;........ 'tr~' ,.....~ '. . COrv.lMISSION EXPIRES: ()~ .x'! 07
~~~# oC,J OF n> ,.......... . I
'.,.. aat"
Z:\Work\MIMeridjan\Mdi~al't 15360M\Ordinances city HaIl\2004 Ord\SeweT use and service regulations revision October 2004.doc
, lJ/~
~~
Sewer Use and Service Revision Ordinance
Page 31 of31
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO LC. ~ 50-901(A)
CITY OF l\tIERIDIAN ORDINANCE NO. 04- / I &7"
PROVIDING FOR REPEAL AND RE-ENACTMENT OF SEWER USE AND SERVICE
REGULATIONS.
This ordinance of the City of Meridian repeals Chapter 4 of Title 9 of the Meridian City Code
concerning Sewer Use and Service regulations, and re-enacts a new Chapter 1, Title 9. The new
chapter contains purpose, definitions, jurisdiction, mandatory use, how application for service is
made and processed, determines where City liability for sewer service lines begins and ends,
regulates sewer service connections and sewer lines, workmanship, backfilling and surface
repair, right of entry for inspection, sewer main extensions, assessments and fees, cooperative
and reimbursement agreements, how sewer charges are calculated, sewer user and equivalent
connection appraisals, when service can be extended outside of the City limits, when charges are
due and when late charges may be assessed, billing and collection, effects of delinquent
accounts, disconnection of sewer service for nonpayment, establishment of a sewer fund within
the enterprise fund, regulates private sewer systems, limits City liability for service intenuptions,
regulates special charges, sewer inspections and septic tank waste dumping, sewer use
restrictions as well as post locations, protects sewer system, prohibits the waste of sewer, makes
users liable for violation of the ordinance and provides penalties for violations.
A full text oftrus ordinance is available for inspection at City Hall, C~ of Meridian, 33 East
Idaho, Meridian, Idaho. This ordinance shall become effective on the ~ - day of t'c-41 ~
2004.
\\\\\1\11111111/
\\1\ C Mt::t-. /111
,\\\ ~f Or u...r(1D. 1111
-..-..' ~... ~ /...;..
,$' () o'fl,?OPv<l/: '1--"'~
~ ~CJ ...t:-o -:;.
~ ~ -;:.
- ~
Clty of Meridian
Mayor and City Council 0
By: William G. Berg, Jr., City Clerk ~ 'J(QI '" ...~ .0 i
S "'YA ~<:,., 1 si ' ..z::;. ~
" ~ ~ ....'
First Reading: / t7 - 6 - tJ -I- "'~:~'>,"I COUNT'l . ~\\,,:-....
Adopted after first reading by suspension oftiie'Ruleas''3:Iiowed pursuant to Idaho Code 50-902:
YES >< NO
Second Reading:
Third Reading:
Z:\W Otk\M\.t\1eridian\Meridian 15360M\Ordinances city Hall12004 Ord\Sewer use and service Sum Ord October 2004.doc
Sewer Use and Service Regulation Revision Summary
Page 1 of I
CITY OF MERIDIAN
ORDINANCE NO. 04- ! ( !Jb
BY: (! luvd/t ~Jvh7Y.ee.-
AN ORDINANCE REPEALING EXISTING WATER USE AND SERVICE
REGULATIONS CODIFIED AT CHAPTER 1 OF TITLE 9 OF THE MERIDIAN
CITY CODE; RE-ENACTING A NEW CHAPTER 1 OF TITLE 9 OF THE
MERIDIAN CITY CODE TO BE KNOWN AS WATER USE AND SERVICE
REGULATIONS, INCLUDING PURPOSE, DEFINITIONS, AUTHORITY,
MANDA TORY USE, APPLICATION FOR SERVICE, POINT OF LIABILITY
FOR MAINTENANCE, WATER SERVICE CONNECTIONS AND WATER
LINES, WORKMANSHIP, BACKFILLING AND SURFACE REPAIR, RIGHT
OF ENTRY FOR INSPECTIONS OR TESTING, WATER MAIN EXTENSIONS,
ASSESSMENTS AND FEES, COOPERATIVE OR REIMBURSEMENT
AGREEMENTS, BASIS FOR WATER CHARGES, WATER USER AND
EQUIVALENT CONNECTION APPRAISAL, CONNECTION TO PROPERTY
OUTSIDE OF THE CITY LIMITS, BOARD OF APPRAISERS, MONTHLY
RATES, DUE DATE FOR PAYMENT AND LATE CHARGES,
DELINQUENCIES, RESUMPTION OF WATER SERVICE AFfER TURN OFF
FOR NONPAYMENT, AUTHORITY TO AMEND REGULATIONS, WATER
FUND ESTABLISHMENT, PRIVATE WATER SYSTEMS, WATER LINE
DEVELOPMENT, ADOPTION OF WATER PLANS, PRESSURIZED
IRRIGATION SYSTEMS, NONLIABILITY FOR W ATER SHORTAGES, LAWN
SPRINKLING AND USE RESTRICTIONS, LIMITATION ON LOCATION OF
POSTS, FIRE HYDRANTS, PROTECTION OF PIPES AND METERS, WASTE
OF WATER OR INJURY TO WATER SYSTEM, USER LIABILITY,
PENALTIES, PROVIDING FOR CONFLICT, VALIDITY, SAVINGS CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1: Chapter 1 of Title 9 is repealed.
Section 2: Title 9, Chapter 1 is re-enacted and shall read as follows:
Water Use and Service Revision Ordinance
Page 1 of29
9-1-1: PURPOSE:
It is hereby determined and declared to be necessary and conducive to and for the
protection of the health, safety and welfare of the public and inhabitants of the City, and
for the purpose of controlling the use and connection to, and for providing an equitable
distribution of the costs and expenses of maintenance, operation, upkeep and repair of the
entire Municipal water system which includes the water supply, water storage and water
distribution facilities of the City, to charge and collect service charges or fees upon all
lots, lands, property and premises served or benefited by the Municipal water system of
the City, which system and facilities consists generally of all wells, storage reservoirs,
transmission mains, structures, buildings, chlorination facilities, valves, service
connections, service meters, fittings, mechanical equipment and all other facilities as
required for the furnishing and distribution of water as a public system to the citizens of
the City; and to provide for the control, use and administration ofthe installation of
private domestic water systems where a public water system is not available. (Ord. 476,
4-21-1987)
9-1-2: DEFINITIONS:
Unless the context specifically indicates otherwise, the meanings ofteuns used in this
Chapter shall be as follows:
AUTHORIZED WATER USER: Any person making authorized and proper use ofthe
Municipal water system and/or the water delivered thereby and who has made application
for water service and such application has been granted and has paid for such service,
water, and all fees required. An authorized water user may be an owner, his tenant by
lease or rental, a developer, etc.
CITY: Refers to the City of Meridian, Ada County, Idaho, or its authorized or designated
agent, representative or deputy thereto.
CITY WATER SERVICE LINE: That portion of any individual water service line that
runs from its cormection with the public water main to, and including, the corporation
stop, valve box and meter that is installed in the service line. It will usually be installed
within the limits of the public right of way or utility easement and, after approved
installation, it is to be owned and maintained by the City.
EQUIV ALENT CONNECTION: The service to a typical residential house on an
individual lot that is occupied by an average single-family dwelling is designated as one
equivalent connection. All other cormections are prorated in relation to equivalent
connections based on the estimated usage of or benefit derived from the service.
MASTER WATER PLAN: The Master Water Plan is any document which the City of
Meridian has accepted by official action of the City Council which describes or otherwise
indicates an overall view of proposed future water system needs, minimum water main
sizing, and/or minimum water main spacing and routing.
Water Use and Service Revision Ordinance
Page 2 of29
October 15, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 19, 2004
ITEM NO.
5-J
REQUEST Order to Remand back to Planning and Zoning Commission for Ventana Subdivision
AZ 04-019, PP 04-026, and CUP 04-028
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 Order
~~
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 MERJ
IN THE MATTER OF THE REMAND
TO PLANNING AND ZONING FOR
THE APPLICATIONS OF VENTANA
SUBDIVISION LOCATED NORTH OF
W. MCMILLAN ROAD ON N. MERIDIAN
ROAD, TOWNSHIP 4 N., RANGE IE.
SECTION 30, MERIDIAN, IDAHO
G.L. VOIGT DEVELOPMENT CO.,
APPLICANT
)
)
)
)
)
)
)
)
)
)
)
CASE NOS. AZ-04-019, PP-04-026
CUP-04-028
ORDER OF REMAND TO
PLANNING AND ZONING
COMMISSION
This matter having come before the City Council on September 28, 2004, at the hour of
7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the Council
having received the Recommendations from Plmming and Zoning, and additionally having heard
testimony at the September 28, 2004 meeting from Anna Canning, Planning Director for the
Planning and Zoning Department, Police Chief Bill Musser, Becky McKay, and John Priddy,
and due to the remand of the corresponding Preliminary Plat (PP-04-026) and Conditional Use
Pennit (CUP-04-028) back to Planning and Zoning due to the design of the project, the
Applicant would need to re-design the project due to four distinct issues raised at the September
28, 2004 City Council meeting, which pertained to the following issues:
1. There is a lack of transition in lot sizes between the existing 20-acre estate parcel
to the north (owned by Mr. John Priddy) and the lots on the north boundary of
Ventana Subdivision. In addition, due to the existing R -4 zoning of Saguaro
Estates Subdivision to the east, the City Council prefers to see larger lot sizes
along the east boundary as well.
ORDER GRANTING REMAND TO
PLANNING AND ZONING AZ-04-019,
PP-04-026, CUP-04-028
Page 1 of 4
2. The proposed open space lots should be re-designed to better blend into the
subdivision. In particular, the two larger common lots with narrow openings to the
streets and hidden by houses are not inviting to the neighborhood. The council
also requests that open-vision fencing be addressed by the Commission.
3. While the overall density of the subdivision is acceptable, it should be
concentrated more in the southern portion of the property near the future middle
school site and Meridian Road.
4. The vehicular access and drop-off points to the middle school from within
Ventana Subdivision were discussed by the City Council. While trying to be
cognizant ofthe school district's desire to restrict access around their facilities,
the City Council and Police Chief encourage the applicant and Commission to
review options for improved vehicular access to the school site from within the
subdivision.
Therefore, due to the remand of the corresponding Preliminary Plat (PP-04-026) and
Conditional Use Permit (CUP-04-028), due to the overall design of the project, and being fully
advised in the premises issues the following Decision and Order.
DECISION AND ORDER GRANTING ORDER OF REMAND TO
PLANNING AND ZONING
Based upon the above and foregoing facts and testimony, the Applicant would need to re-
design the project due to four distinct issues raised at the September 28,2004 City Council
meeting, which pertained to the following:
1. There is a lack of transition in lot sizes between the existing 20-acre estate parcel to
the north (owned by Mr. Jolm Priddy) and the lots on the north boundary of Vent ana
Subdivision. In addition, due to the existing R-4 zoning of Saguaro Estates
Subdivision to the east, the City Council prefers to see larger lot sizes along the east
boundary as well.
2. The proposed open space lots should be re-designed to better blend into the
subdivision. In particular, the two larger common lots with narrow openings to the
streets and hidden by houses are not inviting to the neighborhood. The council also
requests that open-vision fencing be addressed by the Commission.
ORDER GRANTING REMAND TO
PLANNING AND ZONING AZ-04-019,
PP-04-026, CUP-04-028
Page 2 of 4
3. While the overall density of the subdivision is acceptable, it should be concentrated
more in the southern portion of the property near the future middle school site and
Meridian Road.
4. The vehicular access and drop-offpoints to the middle school from within Ventana
Subdivision were discussed by the City Council. While trying to be cognizant of the
school district's desire to restrict access around their facilities, the City Council and
Police Chief encourage the applicant and Commission to review options for improved
vehicular access to the school site from within the subdivision.
IT IS HEREBY ORDERED AND THIS DOES ORDER THAT:
1. The decision of the City Council is based upon the findings that the corresponding
Preliminary Plat, PP-04-026, is remanded back to the Planning and Zoning Department due to
the present development design which raised four distinct issues as outlined above, therefore the
Applicant will need to re-design this project to address those concerns.
2. This matter is remanded back to the Planning and Zoning Commission for further
action in accordance with this decision.
By action of the City Council at its regular meeting held on the I q-l~ day of
{JdtJ~
, 2004.
ROLL CALL:
COUNCILMAN WARDLE
fnE)rl.~ elL /rt; /.I ;.J ELL
COUNCIL~
Voted~
Voted
46hJ
COUNCILMAN ROUNTREE
Voted
~
~
COUNCILMAN BIRD
Voted
ORDER GRANTING REMAND TO
PLANNING AND ZONING AZ-04-0 19,
PP-04-026, CUP-04-028
Page 3 of 4
MAYOR TAMMY de WEERD (Tie Breaker)
DATED: /t9-/~-&1-
0' I \\\\11111111/111/
,,\\\\~ Of M //(1
"" ~'\
MOTION: f' () :jP'f'>P
Voted -
BY:~(l A_3to~
City Clerk's Office
Dated: \ 0- 2c;~o4
S:\P&Z\Findings and Orders\Ventana Sub Remand Order.doc
ORDER GRANTING REMAND TO
PLANNING AND ZONING AZ-04-019,
PP-04-026, CUP-04-028
Page 4 of 4
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
TuesdaY1 October 191 2004 at 5:30 p.m.
City Council Chambers
1. Roll-call Attendance:
X Shaun Wardle 0 Christine Donnell
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Adoption of the Agenda: Approve
3. Update on Downtown Meridian Transportation Management Plan:
Presented - Approve Alternatives
(*30 minutes)
4. Transportation Task Force Recommendations for TIP FY05:
Discussed - Approve Recommendation
(* 5 minutes)
5. Discussion of Odor Control and Noise Study: Presented
(*45 minutes)
6. Discussion of TVTV Treasure Valley Public Access Television:
Presented
(*5 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 - October 19, 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 conlact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
(
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, October 19, 2004 at 5:30 p.m.
City Council Chambers
1. Roll-call Attendance:
X Shaun Wardle ~ Christine Donnell
x:: Charlie Rountree ~ Keith Bird
X Mayor Tammy de Weerd
2.
Adoption of the Agenda:
~V~
3.
Update on Downtown Meridian Transportation Management Plan:
(*30 minutes) f7~lvfttL ~ a Iprov<- t<..l-k-t-na.ht:-.o.(
Transportation Task Force Recommendations for TIP FY05: _
(* 5 minutes) d;rcn-r.r-Ul/- ~V<-
,c ""'~ )/17/4 e.-'
Discussion of Odor Control Study:
(*45 minutes) fl/lt!f~i;d
Discussion of TVTV Treasure Vallev Public Access Television:
(*5 minutes) ~~
4.
5.
6.
* Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridia n City Pre-Council Agenda - October 19, 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 ancllor hearings
please contact the City Clerk's Office at 8884433 at least 48 hours prior to the PUblic meeting.
(
** TX CONFI. _, .rlT I ON REPORT **
/'
AS OF OCT 15 '134 16:49 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
25 10/15 16:36 PUBLIC WORKS
26 10/15 16:37 12084664405
27 10/15 16:39 8841159
28 10/15 16'41 2088840744
29 10/15 16:42 POLICE DEfT
30 10/15 16:44 8985501
31 10/15 16:46 LIBRARY
32 10/15 16:48 92083776449
MODE MIWSEC PGS CMDI:l STATUS
EC--S 01' 08" 004 123 OK
EC--S 01' 09" 004 123 OK
EC--S 01'08" 004 123 OK
EC--S 01' 12" 004 123 OK
EC--S 01'08" 004 123 OK
EC--S 01 ' 08" 004 123 OK
EC--S 01'29" 004 123 OK
EC--S 01' 07" 004 123 OK
------------------------------------------------------~-------------------------------------
~li~ Yo'D\~ ~ U\t)\.\V tJO\\CL-~ \ '{ICV\~~
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, October 19, 2004 at 5:30 p.m.
City Council Chambers
1_ RoIl-call Attendance:
Shaun Wardle Christine Donnell
Charlie Rountree Keith Bird
_ Mayor Tammy de Weerd
2. Adoption of the Agenda:
3. Update on Downtown Meridian Transportation Management Plan;
(*30 minutes)
4. Transportation Task Force Recommendations forTJP FY05:
(" 5 minutes)
5. Discussion of Odor Control StudY:
(*45 minutes)
6. Discussion of TVTV Treasure Vallev Public Access Television;
(.5 minutes)
.. Approximate allowable time set for agenda Item may change depending on
discussion. Please use the designated minutes as a guideline only.
Mefidian CItY PI1l-CollllCilAgenda -October 19. 2004 Page 1 of 1
All mat..oaI& jlI88Altlled at pIJbllc rneelingB!lhIlll bacome property ollhe cay of Mendlan.
Anyone deGlring a.ccommoclatloll for disabililill:$ relal<!d Ii) dooomenlS andfor IIelIMgs
ploase ccntacllM CJty Cl8lt;'s 0IliCe .ol8ll84433l1llem;t <18 hours pnor to:> 1118 poor", me<:ting.
(
** COMMUN I CATI ONS REPORT ** AS OF OCT 15 '04 16:49 PAGE. 01
CITY OF MERIDIAN
TOTAL PAGES TOTAL TIl1E
SEND 0081 SEND 00024'58"
RECEIVE 0002 RECEIVE 00000'27"
DATE TIME TO/FROM MODE MIN/SEC PGS CMDtt STATUS
01 10/15 10:20 ALL AMERICAN INS EC--S 01'13" 004 115 OK
02 10/15 10:21 FaxServer EC--S 01'30" 004 116 OK
03 10/15 12:19 208 938 5873 EC--R 00'27" 002 118 OK
04 10/15 14:41 3810160 EC--S 00'54" 002 119 OK
05 10/15 14:42 PUBLIC WORKS EC--S 00'33" 002 119 OK
05 10/15 14:43 12084664405 EC--S 00'34" 002 119 OK
07 10/15 14:45 8841159 EC--S 00'33" 002 119 OK
08 10/15 14:46 2088840744 EC--S 00'35" 002 119 OK
09 10/15 14:47 POLICE DEPT EC--S 00' 34" 002 119 OK
10 10/15 14:48 8985501 EC--S 00'33" 002 119 OK
11 10/15 14:49 LIBRARY EC--S 00'41" 002 119 OK
12 10/15 14:50 92083776449 EC--S 00'33" 002 119 OK
13 10/15 14:51 3886924 EC--S 00'33" 002 119 OK
14 10/15 14:52 2088886854 EC--5 00'32" 002 119 OK
15 10/15 14:53 208 895 0390 EC--S 00' 33" 002 119 OK
15 10/15 14:55 128300040 G3--S 00'45" 002 119 Of<
17 10/15 14:56 208 387 6393 EC--S 00'33" 002 119 01<
18 10/15 14:57 ADA CTY DEVELMT EC--S 00'34" 002 119 OK
19 10/15 14:58 8885052 EC--S 00' 33" 002 119 OK
20 10/15 14:59 CHERRY LANE G3--S 01 ' 11" 002 119 OK
21 10/15 15:01 IDAHO ATHLETIC C EC--S 00' 33" 002 119 OK
22 10/15 15:02 ID PRESS TRIBUNE EC--S 00' 33" 002 119 OK
23 10/15 15:04 2088886701 EC--S 00'34" 002 119 OK
24 10/15 15:15 208 465 2227 EC--S 00' 22" 001 121 OK
25 10/15 16:36 PUBLIC WORKS EC--S 01'08" 004 123 OK
26 10/15 16:37 12084654405 EC--S 01'09" 004 123 OK
27 10/15 16:39 8841159 EC--S 01'08" 004 123 OK
28 10/15 15:41 2088840744 EC--S 01'12" 004 123 OK
29 10/15 16:42 POLICE DEPT EC--S 01'08" 004 123 OK
30 10/15 16:44 8985501 EC--S 01'08" 004 123 OK
31 10/15 16:46 LIBRARY EC--S 01'29" 004 123 m<
32 10/15 16:48 92083776449 EC--S 01'07" 004 123 OK
j
;~~2~
cU'e;;d/;~~ "'/ "\
'"
. ID,\HO l~
--;. /; Y
~r. ~.
'1\"1:f./{" ", I L-'"
l{( I HI'. \St 'HI- \-' ,,\1
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
William L. M. Nary
Keith Bird
Charles M. Rountree
Shaun Wardle
CITY DEPARTMENTS
Fire
540 E. Franklin Road
888-1234/ fax 895-0390
Parks & Recreation
11 E. Bower Street
888-3579/ fax 898-5501
Planning & Zoning
660 E. Watertower Lane
Suite 202
884-5533/ fax 888-6854
Police
1401 E. Watertower Lane
888-6678/ fax 846-7366
Public Works
660 E. Watertower Lane
Suite 200
898-5500/ fax 898-9551
- Building
660 E. Watertower Lane
Suite 150
887-2211 / fax 887-1297
- Sewer (WWTP)
3401 N. Ten Mile Road
888-2191/ fax 884-0744
- Water
2235 N. W. 8th Street
888-5242/ fax 884-1159
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, October 19,2004 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:
- Update on Downtown Meridian Transportation Management Plan
- Transportation Task Force Recommendations for TIP FY05
Discussion of Odor Control Study
- Discussion of TVTV Treasure Valley Public Access Television
\ \ \ \ \ \I 111111/111
\\\ ~ Mt:'r. III
The public is welcome to attend the meeting. ,"\'_1 VI <-r(ID.. 1111,-
" ~~ "AI ~
~ (j'''l\, pOD A - t1r "...
! cPf( '''"'7& ~
DATED this 15th of October, 2004. f ~ 0 \.
- -
...
...
CITY HALL 33 EAST IDAHO AVENUE ivIERIDIAN, IDAHO 83642 (208) 888-4433
CITY CL.ERK-Fi\X 888-4218 HU~lAi\ RESOURCES-FAX 884-8723 FINJ\NCE & UTILITY BILLlNG-l~\X 887-4813 ~11\Y()R'S OFFICE-FAX 884-8119
October 15, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 19, 2004
ITEM NO.
3
REQUEST Update on Downtown Meridian Transportation Management 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:
~~
re
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at publlc meetings shall become property of the City of Meridian.
Market Analysis and Strategy for Downtown Meridian
Preliminary Finding
Prepared by The Hudson Company, November 18,2003
Downtown Meridian
Transportation Management Plan
Project Update
October 19. 2004
Agenda
. Process
. Priorities
. What we know now:
. Socio.Economic Conditions
. Existing Physical Conditions
. Future Conditions (alternatives)
Finalist Alternatives
. Next Steps
~ u.~ Hl.ld$on Cump..my
~ ~.",,,,,~-.!~(,,,.e...;w.~r.c.:.ru~lJn""
Planning Process
. Set Priorities for Success
. Collect & Review Previous Research/Data
. Evaluate Conditions; List Alternatives
. Seek Community Guidance
. Short-fist Alternatives
. Conduct Detailed Evaluation
. Community Selects Preferred Alternative
. Prepare Implementation Program
~ Thu Hud;;(lR Company
-;-.-../ ~ln'TM-tM~I~.tQl.!ngc.:....~"""1
1
i
Market Analysis and Strategy for Downtown Meridian
Preliminary Finding
Prepared by The Hudson Company, November 18,2003
Priorities for Success
· Community
· Transportation
. Fiscal
:ill, Tho.! HlJd~un Cpmp;my
~ ~'n"'1:l.....J~l'ro:I~rQI&..J,;i9~,",,",""''Y
Downtown: Through VS. To
. Great Downtowns are "To" Places
. Priority: Pedestrians Over Drivers
. Through Traffic Degrades Downtown
Experience: "More" Isn't Equal to "Better"
. Through Traffic Needs Way Around
- & Reasons to Become "TO" Traffic
. Today Your Downtown Is Overwhelmed by
Traffic; Not a TO Place
i.!:.!i, The Hud50n Ci'lmpi1-l1-Y
~ ~lat'l;'~Iu.J~r~ll'o.iiklnt~'l
Treasure Valley
~ ~~':~~;::;~~~~~-
2
(
Market Analysis and Strategy for Downtown Meridian
Preliminary Finding
Prepared by The Hudson Company, November 18,2003
2002 Meridian "Areau Population
60,500
j'~:~, The Hudson Cilmpany t'jo~~~: t-J.'~.
r;;~ ~'I~Uf.I<"+ oirlJ i'I.ar\I1Ulg I~f ""'1..'"'.;: c.:.m.rum.1J
2030 Meridian "Area" Population
132,800
~ Thtl HlJd~1'I Comp;my t};"cc:-_-~~ f.;.';~;
~J:-. ~'"'''r''' ..-,.i.I'llill=t!~. ~~""....,......ty
2002 Meridian" Area" Employment
22,800
~ ~~:~~;f~~~Ca=~~
3
Market Analysis and Strategy for Downtown Meridian
Preliminary Finding
Prepared by The Hudson Company, November 18,2003
2030 Meridian" Area" Employment
124,900
i.ll. The- Hudson Cllmp:Jl1.y
tt ~r"""""'L...c1FlOl'mm.,!:(o.~Q.<n~ll!#lrr
J..!..!:~ Tho:> Hud~oJ1Comp.o.ny
Irt ~'I1J~n.anJ~o:(~.Ho..JcII~~l:cmmLJr),'l'
Traffic Volumes (cant.)
4
Market Analysis and Strategy for Downtown Meridian
Preliminary Finding
Prepared by The Hudson Company, November 18,2003
Traffic Volumes (cant.)
~ ~~~~~~:;~;:~}~~~'i'
Traffic Volumes (cant.)
~ ~~~~:~~~:~~~Com~~'Y
Traffic Volumes (cant.)
~ Th~ f-1ud!Kln Comp.1ny
~,..r.. ~11."ti"'~;II~c1'E'1.i1Wn;;"(~.:e..:J.Jmgc.:.m.~....,~
5
Market Analysis and Strategy for Downtown Meridian
Preliminary Finding
Prepared by The Hudson Company, November 18,2003
Traffic Volumes (cant.)
.ill.. Th~ Huds(lnCa.rnpi'lny
tt ~r~.f<.,...utJli""""ff~.P.uilill.t~LlIII'J
Traffic Volumes (cant.)
~ ~~~~~~~~~~~lu.nm~~
Traffic Volumes (cant.)
i.U Th~ .HUdSO!1. CClmp.:Jny
~ ~,,,,~.,.;l~(~'~"rc.:mrn.un..'i
6
Market Analysis and Strategy for Downtown Meridian
Preliminary Finding
Prepared by The Hudson Company, November 18, 2003
7
Market Analysis and Strategy for Downtown Meridian
Preliminary Finding
Prepared by The Hudson Company, November 18, 2003
Multi~Criteria Evaluation
<;-1~c\l~~on"'llotnlatl't"'.
~'--'J"ry I I 'UUlU~iI R.awk...11I
GoCIil'iJC""'l1a ...., " . '" .. ,
f~~l>.:.,fmpaf~ ....'..-.11
1 J!IlI:~n!UII~~iywrtl'l-lh4tr~iaoo.lUi!.l1$pOrte:.on~k , .., , , I "
~ !.I.n:!l";inS~~""JI:l.lQrttJy~,""rQrJ~~s~t:!oe!tll~,(rhlw;i.nl;l~f'i'~"Y , " , . I
~ F'n!L~M~Il~~~fr:!~I,t~IrTlUfT'o'T1~,cc.~~t'It~IL , I , . .
l4 ,l,.""PfCllflilt~~ O;t.'lfI~L ~I~~ ~!I'o "r't\lIi! lICeomm~ IcW lrl~rrt , .. , . .
Prem~~n II u!1!" ptou!ti;l/lr.....r.dly ~"""""""'~!'II , I , . "
::==~~~~~~~~~:~terl~~~~~M ,
,
Callm.....r,{rIl~f" .~..;.-."c_ ...,
, ~~I>OlIll-...ltt1a>mJ'!'1l,ll"1tv"'~-!lndp!'-t:lbatdela~1"I$IH; I , I . . ,
S~~rU lI'~no;II~"CQrT'prC~~"'II~"
EJ1 s.r.:-~lln!e~<JoM!lo'lpmmQt~I'I./1'~~i1~c<I'!.I-c-11oUI1- , .. , I , . .'
I>~ Daw~ MMid;;m:u....~.str~!~:<r , , , , "
CIlmF'o'-~ ~11 00wmcwrI uap.!OHtli;iI'Kw"'n!~ I'o:rrter ,
F05l....-.'r",;t..~k!nrte1 ,
'c.I;!~" ~"""""""("rW ~;tjtr' ,
Pnlvldu I'l.';Jl'l pmI'OOIllf~rP\J~c 1I~~~r.:;iI!' UJ:lYU , , . , . .. ,
, ....')o,or.rCll".m-trlit'nty\<rtJ;....~..ilr>dr<M~ , , . .. , " ,
~~:e';PlII!l<II'>gJlMWIflrperl'~I~'""rrlt. ,
l:i~.imW~I\On.i!or!.::~m.c:!ur1!S , . .. , , , ,
~.tII"',.u.:~ I
, CM\rr:o'l;lk...-D<rl'~blllptc~I<<n'~ , " . " 1 I
, ~:~;.(~~:;:::,..Mn:e~'l' , , , , I , ,
, ,
a ~~~~:I~;~~l~U=~~
Central Meridian Alternatives
#1 - BQf;O-Conditklr.
n2 - R!;\!lional Circulation Dislrict ImpR:lvcments Only
"la-lI-LiUlltlLJ.m11l
.~~IIlteo'~~I!Lrd~
1iU-~~~.PllL~ln'tc;rwo
;tI1d-~..-t~rn""an.o.lL~uM{;1'D'M
#3 -1091 Meridian CorridDrS~udy Altctnatilo'ElS
r.l1l-OrMl-w"Y-cQO,l~{COfl'b1dtoF~J
~b_ OM-WI:fC<M.lpltt(FWliJi'l klFUvinwl
~-Wilj<lnMIIi1
r.Jd-WmrlLteMiDn
~1t-~.::.n<:tIdIanO$<mM.iiolI;a{1
~'-IJr'\t1~~OIlMaIn
#4 - Wool: Corporate Olivo ExLal'l~onrbypass
#S -Widen Meli'dinn ilnd Rt!i3ligna~ Priml1ry NlS Roadway: ~in i:.tSts
'S"-04-t_Mcliidiar'l
"Sb-'50-t_~.......
116 - 5-Lilho M(loom.n from Central to Fronklin; Main a~ it>: Meridian north of Frohklin 1m /.$.
#7 y+ Roo.lign Main to E 3~ Through SpcOO'NaySite: T-rn off MaIn.
#6 - Modified One-Way CoUpl6t from Central to RR: 5--Lana M(]ridjan N Qf AR; Main ll51s whh
T.ln off N8 Coupfol
tIfJ - MoridlnnIMainlConiro! Intll:~ion lmprowmonl.::;
1l'\l-1I-fl.el<<.rMWIlltmlln~~ItI~
~- S-D u..w"",l!ilghl:-fur" Elrvn" L_
~-Mo.iemR1IUld'd-bwt
~ ~'~~~(:~~~~=ry.
8
Market Analysis and Strategy for Downtown Meridian
Preliminary Finding
Prepared by The Hudson Company, November 18,2003
9
Market Analysis and Strategy for Downtown Meridian
Preliminary Finding
Prepared by The Hudson Company, November 18,2003
Alternative Finalists
#1 - Base Condition
Alternative A #3a - One-Way Couplet
Alternative B #5b - 5.Lane Meridian
Alternative C #8 - Split Corridor
The preferred alternative will also address:
. Broadway
East 3m
. Pine
. CentrallMainlMeridianlVValtman Intersection
. FairviewlCherry Lane Connections
ill The Hud'Kln Comp.lny
~~ ~"'''i''''oIIJJ'E'I~~(~.I.\t:iJ.i.;,~c.:.m..,L.H''I~
10
October 15,2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 19, 2004
ITEM NO.
5
REQUEST Discussion of Odor Control Study
AGENCY COMMENTS
CITY CLERK: See previous Item Packet
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:
rft?
- 5
gr/
Date:
Staff Initials:
Phone:
Contacted:
Emailed:
Materials presented at public meetings shall become property of the City of Meridian.
October 8, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 12, 2004
ITEM NO.
7
REQUEST Discussion of Odor Control Study
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:
tV
tt/~
lOA
k<'
'~
~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
Tara Green
From: Clint Dolsby [dolsbyc@meridiancity.org}
Sent: Tuesday, October 05, 2004 11 :27 AM
To: clerk@meridiancity.org; 'Tara Green'
Subject: FW: Precouncil Agenda Item for 10/12
Could you add this item to the precounciJ agenda for the 12th?
Thanks
Clint
----Original Message-----
From: Clint Dolsby [mailto:dolsbyc@meridiancity.org]
Sent: Monday, October 04, 2004 9:36 AM
To: 'Tammy de Weerd'
Cc: 'Tara Green'; c1erk@meridiancity.org
Subject: RE: Precouncil Agenda Item for 10/5
Mayor de Weerd,
Since the discussion of the Black Cat Sewer Trunk has been postponed until the 12th, can we add a discussion item for the odor
control study to the agenda tomorrow?
Than ks
Clint
-----Original Message-----
From: Tammy de Weerd [mailto:deweerdt@meridiancity.org]
Sent: Thursday, September 23,200412:23 PM
To: 'Clint Dolsby'
Subject: RE: Precouncil Agenda Item for 10/5
Letting me know is fine, as I work with the Council President on the pre-council agenda. Sending a request to Will Berg
works, as well. Thanks for the note. I don't think we have any conflicts with this, however, I will Jet you know if there is a
conflict. If you don't hear back from me, expect that you are added. I appreciate your note.
Tammy de Weerd, Mayor
City of Meridian
www.meridiancity.org
(208) 888M4433 ext. 204
(208) 888-4218 fax
-----Origina I Message-----
From: Clint Dolsby [mailto:dolsbyc@meridiancity.org]
Sent: Thursday, September 23,2004 11:47 AM
To: Tammy de Weerd
Subject: Precouncil Agenda Item for 10/5
Mayor de Weerd,
Since Bill Nary is the new City Attorney and no longer will serve on the City Councilor as council president, I was
wondering who to contact to place an item on the October 5 precouncil agenda? I would like to put a discussion
item on the agenda for the Odor Control Study that was recently completed by Carollo Engineers, Inc. We will
have a representative from Carollo at the meeting to help to discuss the study and answer any questions that
come up.
Thanks
Clint Dolsby, P.E.
10/8/2004
10/8/2004
Staff Engineer
Meridian Public Works Dr-t,
660 E. watertower,i. .ite 200
Meridian, ID 83642
(208)898-5500
(208)898-9551 fax
,
i
I
I
I
!
!
I ;
)
I i~~ffi~
d~n L
,
{ ~~
,
I
- .
1 g - .
II 1<> 1 i
II 1 I
I . I ~
~ ; ~
.
f- L~}__
'-
I
~iI
loWtOtt .iII'r'"W ~
~ ~
~:~
Q
Lr -,
I ~II
I ~_i~
I
....
I:::
r:n ~
~ ~
::l ~
J3 ~
I-< I-<
o 0
'"0'"0
o 0
~ ~
VQ
~ ~
....:l ....:l
~
'.
Q~
~! '-
5~ '.
~~ '.
~
"'~~
~. .
~~'"
~~E
ii
~'il
.......j1M4 .
~ ~
~:i
~~g
i~~
~~"
.... ....
s::l s::l
~ ~ ~ ~
~ ~ ~ ~
5 ~ 0 ~
t"Il ~ rn ~
'"' '"' 5 5
.g 0 '"0 '"0
o~oo
I-lJo-I==
~-_........
> ~ ~ ~
~ > > >
~ ~ ~ ~
October 1 5, 2004
MERIDIAN CITY COUNCIL MEETING October 19, 2004
APPLICANT ITEM NO. 4
REQUEST Transportation Task Force Recommendation for TIP FY05
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:
I NTERMOU NT At N GAS:
MERIDIAN POST OFFICE:
OTHER:
See previous Item Packet
"A,~~
dfi 1 if-
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
(
October 8, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 12, 2004
REQUEST Transportation Task Force Recommendations for TIP FY05
ITEM NO.
4
AGENCY COMMENTS
CITY CLERK: See previous Item Packet
CITY ENGINEER:
CITY PlANNJNG 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:
;'9- \ ~S
~ ~~~
VVf (J
ly
q/D
I l
lO
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
October 1, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 5,2004
[TEM NO.
5
REQUEST Transportation Task Force Recommendation for TIP FY05
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 DISTRJCT:
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
rt~~b~
{fry; , "'J 1J-,
(1//
peR
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. .
RECEIVED
SEP 3 G 200~
Memo
City of Meridi~n
City Clerk office
To: Mayor De Weerd
From: Gary D. Smith, PE
CC: file, Brad Watson, PE; Brad Hawkins-Clark
Date: September 24. 2004
Re: Transportation Task Force Committee
Hi Mayor: Attached is some information conceming your Transportation Task Force
Committee recommendations for the TIP FY'05 submittal to COMPASS.
I would appreciate it if you could have this item placed on the next available Pre-
Council meeting for discussion.
:Fd-
From the desk of...
Gary D, Smlfh, PE
PubUc WOlks DIrector
Meridian f'ubic Works Department
660 E. Waterrower lane, Suite ZXJ
Mertdian, Idaho 83642
(2(8) 898-5500
fax: 12(8) 89&9551
., Page 1
City of Meridian Public
Works Dept.
Memo
To: Mayor & Council
From: Gary D. Smith, PE
CC: file, Brad Watson, PE; Brad Hawkins-Clark
Date: September 24, 2004
Re: Transportation Improvement Projects (TIP - FY 2005)
Dear Mayor & Council:
Attached Is a tabular listing of prioritized projects for transportation needs in
Meridian as determined by the City of Meridian Transportation Task Force
Committee. The tabular listing shows what our project priorities were last year and
what the Committee perceives the priority of these projects to be this year.
The narrative attachment consists of notes from the meeting(s) that the Committee
held to discuss transportation projects. The committee meetings were well
affended by a good cross-section of folks from transportation agendes, city staff
and city residents. A l!sting of committee members is also attached for your
Information.
If there are any questions please let me or Brad H-C know and we will respond.
COMPASS needs to have a final, City Council approved, priority listing of our
projects in their office no later than October 29, 2004.
Re1t~s: .
~;cr
From the desk of...
Gary D. Smllh, PE
Public Works Oke<:tor
Meridian Public Works Deportment
660 E. watertower lone, Suite 200
Meridian. Idaho 83642
(200) 89S-S5OO
Fox: (208) 89&9551
. Page 1
{
City of Meridian TIP Requests Status
Updated 9-08-04
2005-2009 TIP/FYWP/STIP
Priority Ranking
current LastYr TIP Request Agency ResponseJComments
1 1 Locust Grove Overpass ACHDIITD ACHD: project scheduled for construction
2006 in 05-09 FYWP (priority #3 of 119).
ACHD, along with COMPASS and lTD. have
programmed construction funding 2007 in STP
Urban program for Boise TMA. This matches
year of funding for ITO's Interstate
Maintenance portion of construction costs.
ITO: Statewide Transportation Improvement
Program (STIP) has construction funding
programmed for FY07. CITY: Acceleration of
project is critical for traffic access to and
from Mountain View High School.
2 2 Ten Mile 11-84 Interchange. ITD ITO: Draft Statewide TIP includes access
COMPASS study for interchange location. Consultant has
ACHO been given notice to proceed, to be completed
in about one year. ACHO: Ten Mile Rd. from
Franklin to Ustick is in FYWP for construction
in 2007 & 2008. Ten Mile from Victory to
Overland and Overland to Franklin are in the
2003 CIP for construction. COMPASS:
Funding for environmental study has been
discussed at COMPASS Board. No funding
has been committed. The timing for
completion of the "access study" and the
"environmental impact study" needs to be
moved up as much as possible.
5 3 Widen Meridian Road from Cherry ACHD ACHD: Project will be reconsidered follOwing
Lane to Franklin Road to 5 lanes the outcome of Meridian's downtown
and preserve and maintain a 90-foot transportation study.
wide right of way as structures
and/or buildings are replacement in
the future.
14 4 Sidewalk Project-Old Towne and ACHD ACHD is in the process of conducting a
near schools. Pedestrian and Bicycle Transition Plan that will
help priortize the needs for pedestrian and
bicvcle facilities around Ada County.
3 5 Widen Under Road from Franklin ACHD ACHD: Project is scheduled for construction in
north to Cherry Lane (5 Lane) 2009 in 05-09 FYWP (priority #20 of 119).
Besides the poor condition of the roadway,
there is considerable concern for the stop sign
control ofthe railroad crossing. Can flashing
warning lights be installed, similarto Ten Mile
Road croSSing, to facilitate movement of traffic
on Linder?
TIP Status FY05
Page 1
Priority Ranking
current Last Yr TIP Request Agency Response/Comments
4 6 Widen Ten Mile Road from Franklin ACHD ACHD: Franklin to Cherry portion ofthis
to Ustick. project scheduled for construction 2007 in 05-
09 FYWP (priorities #11 & 15 of 119). Cherry
to Ustick portion scheduled for construction
2008 in 05-09 FYWP (priority #25 of 119)
7 7 Rebuild of Pine Avenue from Nola to ACHD ACHD: Project will be evaluated once Pine is
Main street w/curb, gutter and complete from Nola to Eagle. Project was
sidewalk. Stripe to 3 lanes. prioritized for 05-09 FYWP (priority #43 of
120), but Is not included due to priority and
funding constraints. Project is not eligible for
impactfee funding in the 2003 CIP.
8 8 Build Pine Avenue from Nola to ACHD ACHO: Roadway will be completed as
Eagle Road. development occurs. (Build as 5 lanes.)
9 9 Rebuild of Locust Grove Road from ACHO ACHD: Projects were priOritized for 05-09
Ustick to Chinden. Intersection at FYWP (UsticklMcMillan priority #1 00 of 120;
Chinden is done. McMillan/Chinden priority #66 of 120), but are
not programmed due to priority ranking and
fiscal constraints. Neither project is included in
the 2003 CIP.
10 10 Rebuild Ustick Road from Locust ACHD
Grove to Eagle Road, including ACHD: Project has been prioritized for 05-09
intersection wI dedicated rightturn FYWP (Priority #51 of 120) and was not
lane at Eagle Road. programmed due to priority and funding
constraints. Prolect is included in 2003 CIP.
6 11 Roadway connection from Meridian ACHO ACHD: Project is development driven. CITY:
Road to the Landing SubdMsion This project is moved up in priority because of
and commercial properties to the the need to provide a second access to 700+
South. homes in The Landing SubdMsion area who
presently have only Under Road as an access.
This is an emergency vehicle access
matter.
Complete 12 Overlay East 3rd from Franklin ACHD ACHO: The mainline crossing repairs have
Road to Pine, including railroad been completed and other tracks will be
crossing improvement. repaired this year. The overlay will be
examined for FY05, when the downtown
Meridian area is scheduled in the nine-year
maihtenance plan.
11 13 Construct a curvilinear connection of ACHD ACHO: staff has examined intersection for
East 3rd to East 2 1/2 Street at potential curvilinear alignment. This project is
Carlton Ave. development driven. Staff has responded to
City of Meridian staff regarding local
developer's questions regarding this project.
12 14 Interchange Beatufication of the ITD ITO: Project is not in program, but ITO typcally
Meridian Interchange and includes landscpaing projects with a
reconstruction of interchange roadwaylinterchange project to the extent that
city is willing to agree to maintain them. See
aboVe for potential Meridian Interchange
project as it relates to the proposal for the Ten
Mile Interchange.
ValleyRide I
13 15 Support Transit and Rail Corridor COMPASS COMPASS: Prolect is in 04-08 TIP for FY08.
Notes:
TIP Status FY05
Page 2
2. ACHO priority rankings refer only to roadway projects, unless otherwise shown.
TIP Status FY05
Page 3
MERIDIAN TRANSPORTATION TASK FORCE COMMITTEE
NOTES FROM MEETING
Discussion of Possible New Projects and Prioritization of Projects
September 8, 2004
Attendance:
Rich Allison - Meridian Citizen; Daris Bruce - ITO; Brad Hawkins-Clark - Meridian P&Z
Dept.; Gary Insehnan - ACHD; Kendall Kemmer - ACHD; Don Kostelec ~ ACHD; Don
Landin - Meridian Citizen; Pat Nilsson - CONfP ASS; Linda Ritter - COMPASS; Steve
Siddoway - Meridian P&Z Dept.; Gary Smith - Meridian PW Dept.; David Zaremba -
Meridian P&Z Commission/Citizen.
. Locust Grove Overpass - We need to maintain this project as our #1 priority until it
is fully budgeted and scheduled for construction. It is still on track for FY 2006
construction.
. Linder Road Interchange - Several committee members feel strongly that this is a
very good location for an interchange because of Linder Road's connection to Boise
River crossing to the north. However, other problems (capacity & development)
exist along Linder Road within Meridian and the recent ITO Corridor Study for 1-84
did not identify this crossing as an interchange site. The Corridor Study is on the
COMPASS web-site for review.
. ACHD Capital Improvement Project (CIP) - This listing of projects is based on
traffic study needs. This listing splits projects into 5 year work programs for 20
years hence. The CIP does not include any projects for collectors and local streets.
. Sidewalk improvement projects - This type of project can be applied for through
ACHD's "community improvement" funding. Applications for such are due by the
end of September. Not much time so we need to act quickly to identify areas,
particularly around schools and public buildings, for this type of improvement.
. September 30 will be the initial meeting in the downtown M~ridian traffic study
process. Hudson Company is the consultant on this project with funding split
between the City of Meridian and ACHD. Projects to move traffic around the
downtown area, including signalization, will be a part of this study.
1
. Questions were again raised about the synchronization of downtown traffic
signals. Don K. will check to see how ACHD is managing this. The north
curvelMerldian Road area, Meridian/ldaho and the Pine-Idaho signals on Main
were main items discussed.
. ITD indicates that between the time lines of this fall and next spring a 4th travel lane
will be striped on 1-84, both ways, from the Wye to Meridian.
. Connection to the Landing Subdivision - Originally discussed as "Extension of
Corporate Drive." This needs to be simply shown as a IIroadway connection'"
project which will not necessarily involve a bridge crossing of the Ten Mile Drain.
This project will be moved up on our priority listing. We need to expand our
comments in the TIP request to emphasize its importance because of the 700+
homes that have only one access. An alternative would be to build the Linder Road
overpass however, that timing is not realistic with what has been required for the
Locust Grove overpass.
. Intersection Improvements -lbree intersections in North Meridian Area were
discussed for needed improvement. UstickJLinder; Ustick/Meridian; and
McMillan/Meridian. ACHD has checked and finds it does not have R/W needed at
these intersections to temporarily improve turning movements. They will need to
design the intersection improvements to start the R/W purchase process - probably
12-18 months out.
UsticklLinder; Does not meet two minor warrant conditions. The number
of warrants could change when factoring in the traffic conditions caused by
the opening of the Sawtooth Middle School. ACHD will look at this
intersection again with information from this traffic increase. Signalization
of this intersection is planned as a part of the Ustick Road improvement
project scheduled for FY '09. (Work needs to be done way before this
schedule. )
Note: Concerning signal warrants - accident information is updated yearly
while vehicle volume data is updated every 2 years or so unless there is a
special request to update. Warrants are based on "present" conditions, not
projected conditions.
UsticklMeridian; ACHD says this intersection does not meet warrants for a
traffic signal at this time.
McMillanlMeridian; ACHD says this intersection does not meet warrants
for a traffic signal at this time.
2
. Locust Grove Improvements - Franklin to Fairview - There may be some right of
way acquisition issues at the northeast comer of Pine and Locust Grove.
. Ten Mile Int~rchange - The "change of access" study is underway. A notice to
proceed has been issued to the selected consultant. This process will be completed
in about one year. This study will determine the location of an interchange along
this length of 1-84. The study may not determine that Ten Mile Road is the best
location. The cost for this study was originally estimated at $75...000 and is now
expected to cost $325,000.
The environmental impact study (EIS), extending from Five Mile Road f 1-84 to SH
44 / 1-84 will take about 3 years to complete and will start in October 2004 with an
estimated cost of $6-7 million. ITD estimates the earliest date to build an
interchange at this location would be 2010. This is estimated to be an $18 million
Federal Aid project structure.
We need to emphasize to accelerate the timing of the "access study" and the
lIenviromnental impact study."
. Eagle Road - City of Eagle to 1.84 - Probably by FY '06 a project will begin to
create an urban roadway section for this length of Eagle Road. lhis section will
include curb, gutter, sidewalk and a center median of some type that will restrict
left turn movements to Y4 mile minimum. Also signalization will be provided at
approximately 1h mile intervals. Next year Eagle Road, from 1-84 to Franklin
Road, will receive another north~bound lane and a center median curb. Access to
Magic View Drive will be right turn in and right turn out only.
. Transit System Access - Discussed how to provide for transit stops, namely bus.
Make provisions in the development process and in ACHO road projects.
Locations need to be determined by transit providers. Transit system operators
apparently don't want turn-outs because of merging problems and ACHD would
rather see turn-outs to keep traffic moving.
. Linder Road Improvement - Move this ahead of Ten :Mile Road in priority
because of expected dates of the improvement. Discussed the poor condition of
roadway and the stop sign control of the Linder Road railroad crossing. ACHD
will address this crossing as a part of the Linder Road widening project however, a
signalized gate is unlikely to be supported. ACHD provided information as to
how improvement of railroad crossings works. A). ACHD has no authority over
3
the type of crossing that either exists or is planned; B). The railroad has full
jurisdiction on the type of traffic control present at a crossing; and C). The
railroad crossing portion of a project is paid for by ACHD if we are widening the
road however, the railroad is in charge of contractor selection and management.
This committee wants to avoid a stop sign controlled crossin&- if at all possible.
4
TRANSPORTATION TASK FORCE COMMITTEE
MEMBERS
2004
Name Representing Phone E-Mail Fax
Allison, Rich Citizen 888-3349 rallison@mindspring.com 888-2775
Bird, Keith City Council 888-2108 birdronaldkeith@quest.com 888-2108
Bruce, Daris ITO 344-8322 dbruce@itd.state.id. us 334-8917
Hawkins-Oark, City P&Z 884-5533 hawkinsb@meridiancity.org 888-6854
Brad
Kostelec, Don ACHD 387-6234 dkostelec@achd.adajd. us 387-6391
Landin, Don Citizen 887-5459 excals2@cableone.net none
Mills, Bruce ACHD 387-6170 bmills@achd.ada.id.us 387-6393
Nilsson, Patrida COMPASS 855-2558 pnilsson@compassidaho.org 855-2559
Smith, Gary City PW 898-5500 smithg@meridiancity.org 898-9551
Smith, Terry Citizen 888--6801 smithpark@aol.com 888..(j801
Watson, Brad City PW 898-5500 watsonb@meridiancity.org 898-9551
Zaremba, David P&Z Comm. 288-2935 none 288-2936
Tara Green
(
From: Brad Hawkins-Clark [hawkinsb@meridiancity.org}
Sent: Tuesday, October 12, 2004 12:46 PM
To: greent@cLmeridian.id.us; 'Jessica Johnson'
Cc: 'Steve Siddoway'; 'Anna Canning'
Subject: Meridian TIP/FYWP List
Tara I Jessica,
Attached is the revised TIP/FWWP list for the Pre-Council meeting. It was on last week's agenda and Council asked to see the list
again in a revised format. The City Council may want to continue this item tonight since they will just be receiving it now. I got it
this morning from COMPASS. Either way, please copy to City Council, et at.
Thank you,
Brad
10/12/2004
f/)
::::I
-
ctS
-
t/)
f/)
-
f/)
Q)~
::::10
trl
CD 00
a::: 9
c..0)
-"
I- CD
e-
ra ra
.- "
"c.
. i: ;::)
CD
:!:
.....
o
b
.-
CJ
.~ E .... rn ::J
co roo CtI >- 0.8
00l....-.J:: "Oc..o Ql
OC mOl ~ 2mroc"O 5
~~iK~ ~~~~ :!E~~~~ ~ ~_I/)
06Ecs CJ)~m~ rnrn~~oo"Oa......~~c::~ltI
~ Ero - ~~u ~~~~C\l~-Oo~~oc::~
OIro..o~o E ~c:: ~__ _ _rnm_Q)~
~o........o ....~- o-aEC~MOl~..o~Sb
~~<(Olo~""~m~~U~ CtIcEo-wocorn_c::
c2 ....a..CtI~UOlUIl)S Ul~O~CO>o~~~~o~
Qlo~~I-!o52lD-~ ~su~8 C\lCU-~~O
Eu~wCJ)~~~a..E~o Ul ~oo ~cOlo~~
E....~>CUl~,~ E~~ ~ClD~~......ID~ CU~~
o ~ CtI III ~ CtI - ~ 0 0 ..0 .... "" ~ III .- .. Q)
o _ _ .- .J:: 0 - C CtI 'o~ ~ Co lD +-' ~- .. m "0 ~ .Ql....
,. o.J::~"CU)lD""~~ - o=rnoc~..oco'_
~"O ,-~ Ol-O +-'~c--~ ~~
Qi(J)M6o~CtI..EoQ,... ll... -"::;OOIDCfJ(/l-tn~.e
II)S~l-oEffiOm....~~ ~co~C05~<~oC::_1/)
C"O _N ......I->~o"o "'ID.... ....o..-z,
0(l)~uOl~E-20lC::C:: m~lDI-OEc~>- ~"o"O
c...J:: .... C .~.J:: CtI . ~.c 0 1tI "0 B 0 - 0 .- "0 . c:: Ql ai
II) u.9 ro "C I- ~ 2 E -6 ~ 0 .~ 0 2 .. a.. .... 32 0 ~ -ci ~ m Ql -
~. fJ'J .... CJ) C (/l - c _ _ w - ~ Q ~ - C () -r.:: ;; Ql: C:::S
... ~ III 0 '.. ...... :I: lD CtI w.... -.... >.. I/)
~0~U)2~"""oc2~1/) roIDo =.... -o~"o~
a...A' CtI 0 ~ 1/)"':: +-' Olc......(J~~~ .~co ""01/)0
,(I) ...... c ~ +-' c:;:;; C Q; Ql 0 U) ~ ~ < c c q Co cU), .;:: .. ....
5' > ll.. 0 I- ~ 0 CtI 0 .. U 0 - ~ ~~, I/) ~ _
....>~~ (I)~t:;:;;~..~=.J::- -ID -~CJ)"O -
~~O,,::;um_ooo~~urouo~Ull-uuE_llll/)l/)lI)
. . ~ ~ (/l C ~ ~ ~.... CJ) 0 ffi c CtI .- C ~ C ...... :::: II) _ m
o ~ 0 ~ '0 -;;; ~ fJ'J ~ '.~ - c ~ ~ . ~ .;:. e a.. 'E Ql ~ ~
I 9 :5 ~ ~ (:) ~ ~ ~ ~ IE '& ., .~ ID W ,g g5 m ~ .;;: ~ E ~ Co u
Y~~ooI-OI-""o~E~e~~c~oO>ocOoo~S~
......0::>0_ 0 o~_... _OlO-,C\l OID O. '_~
c..
-
l-
t/)
-
c..
~
LL
-
c..
i=
o
~
o
N
I
<0
o
o
N
o
~!::
~ 21
~G
<(
(fJ
(fJ
0<(0
I-ll..I
-:2:0
0<(
o
o..~
00
N
ro
-...
c
II)
Ql
....
I1l
Q
c
o
:;::
u
::s
...
....
II)
c
o
(Jo..~
~~
0..(0
~g
u.N
~
c
~>-
oU
0.3
NU)
II)
II)
.!!!
(J<(
u~
c
::s
1L
~
LL
(f)Z-
(f) C
u.; ro CtI
CD e-"g
g. ~ 'c
CD 0 .S!'
~QlCJ)
e:~~
J-c9~
..... 0
(f) '5>
~ w
g~
...J~
Ql
Ol
c_
CtI-
.J:: C
o ctl
.... 0
m<;:::
C 'c
- Ol
~ '00
...!..~
-... ro
ID c
= 0
~'5>
c m
w~
I-~
g>>:
:i1;;or-
c I1l
i},...J
~E
"i: l!!
0.....-
;f8
C\l
C\l
..-
ID-
.... 0
.~ ~.P Ol
c - c c
o - 0 'c "0 C
.- . >- 0 .... ro 0
uO)~c~oo
2 ..- "0 .S!' ::> ~ IE
t);:CtI(f)Oli!:!~
coo Cl...~.- -
o ....O.J::;2-
oOwt)(/l 0
..... N.J:: ro c.....
O~-Wq::IDC
-~'O:S cl- Em
"0.- ..... CtI 0
ID~COO-lll
S 'C ,Q - ;; >0
"C~:=: c .~
lD ~"C ffi Ol'E E
.J:: c.. C 0 .~ .- lD
O~Oc(l)(/l"",
(/l 0 0 (/l _ ro
rn .....02"0:=
:.= LL g lD 0 ~ '(3
~ ~ 0..:0 "0 J9 J!!
.~ 0 ID CtI CtI (/l 0
2 Lh :S ffi ~ .~ -
c.. 0 Ul :!2 'm lD oi
.. .~ Ql (f) ..... ..0 .C ~
o "CClD(f)oom
I ~.- 0 .J:: ..... (/l "C
OO(l)u-.J::oc
<( ~ ~ .(f) '0 .S!' t5 ::i
w
Ol
CtI
ll..
o
I
o
<(
c~
d,M~,g
o"-c(f)
OOCtl::J
C\lC"\l....o
~-
L{)
o
~
~
(/l
~
.....
CtI
en
c..
i=
~
o
o
N
ro
--
C
<(
~
~ ~
~ Q)
"0<1
ro
o 0
~-
..... .J:: 'ii'
lDtc:
"Com
c C...,J
::iClt)
C =-...;..
ID~Q)
"0 C c::
.- ro 1tI
s:Lt...,J
~
M
00.. ~
.~s.;,(. J,
.....5-uo
0. l..\.. '.p
en OJ ::3 .5
:gqo~
....-LO.....O
$ 00 (:'C'l
~ '6.5 ~ 5
e:eb.c~
E 000 u
o o.C'l .s
(,) S-c:-en"-'
o OJ c: O'l
'Gi .- ....... 0.......
IIl~O"""'U"-
5oS'Oo'O
0. 0 enLO-LO
lIl.....c......."ON
Q) .5 8 06 2 :t:t:
"32..... :J~
co....... -0 .-
ro .... .... Q) '6
..... "0 ::\:t .c .-
l..\.. (j)en go.
- 0) ----
.' :J'- c
o-o=Eoo..
B.2.Q:tS
<! g E- 8. ?i=
~o
~:c:
~~
0)
:S c
01.9:
s"ro
~~
=0.
o en
_c:
"0 tI:l
Q).l::;
.....
0) c
3:! ~o
en....
c c
8 3
0) 0
....-0
Q) lJ)
.Q .c
tI:l
'3 :Q
005
.92.. ~
8'0
a.. 0)
b~:>.
:c:u-o
0"53
4.0lJ)
o
:r:
~
c '2:' .9
r- ~ 'a.i o:l ?'< -5 0)
oc.cOI::.~c
g~o~~::3g
u..,9 0
0..
wO
~
o
C 0.. r-
.~ ~ 0
'U i5- 0
~ u.. C'!
...
.....
w
c
o
(,) 0.. ro
i=c
III
~
0<(
tJ ~
c:
~
u..
E
o
~
t)"O
0) ro
~;.3 .
cr......:>!
Q) !!?,g
" .- cn
o..~:J
t= m.8
I-C
c3Z
~c
._ co
slr
~):
:i1hl.O
C ~
i2..J
~~
.;::: e -"
o ... "
~B
-0 '0;:::
(j) ..... u
5:~:b'~3
0) ero
""0 (J) 0
.....
ro
C
..:(
~
:;':-00)60~~
~lJ'io.c8~
O::lr-~mE
c5.8~cl/)
(I).8IJ'i'ffim~
> en en Co)
'C B' ~ 5 co ~
""0 ..... U .- -0
C .9: co .tf1 co .!
0) .....0. -0 .~ ;.3 u
E c -0 ..... '-
co.Q.....J::
0.'- 0 :J 0) <l)
.Q 0. 0) (j) -0 >
(j)::lcn01c'>.
~-oroc::Jg
"O~O):oz.<l)
.tf1 0 % ~ 5 ~
"'QEo....l(j)Q)
O).tf1o.Q)>E
'0 ..... .c co Q)
.....g.8I-.ct:
a.. ._ -0 C >- ~
..e.0)";;;~1Il
00.(1)0)0)'-
J:IJ'iCclJ'il/)
o .- 0) C; (I) '-
<:( ~ :S ,g Ci t=
--0
m"o..... c
coc.c......-
8 0:: ro .~ ~ c
.....cO) "00)
....:=:t':~~E
:;!.;,(.c (I.) .s: IJ'i Q.l
w 1J'i;;>' u
&~~"O~$
c\..l-o.,2.g2-
ro,S"OI::l.....
'50)c:~~0)
'c c m VI IJ'i .....
O)rolJ'iCO ro.
"<:....l(l)C~IJ'i~
.c. C ._ Ol :l
@ ~ ~ $ ru.5 "5
(\) c"."O......
:2 .c \l'} 'm ;>> := 0)
3o.9E'OE-fi
C0
LO
o
J:
o
..:(
ro
C
fu
""0
m
C
0)-
..... co
:J U
..... 0
tl..J
Ol-
e ~
E~'E
oroQ)S
.;:....lE::3
c Q.l E 0
o.c oel)
...;:........u
g.9"tl~
c"Ot:-
crol'll2
8&gl/)
>- e'- <l)
~.~.~ t
-0 :Q :0 &.
co.....,oo
~~~ a.
..-
..-
co
- 0)
........ 0)
.tf1 0 01....
0) ~c"'Q
.- co
5~'O-g0. ........
D..3C0ZE (/)ui
~ "0 ;, "0 .~ co 0)
'6 .92.. >- ~ -- ~ ~
p ~ 0) -0) .~
-0 _ .... ~ - "'I
0) a.. .Q 'C P- 0. ~
1U . 0. o.Ql E W
.2 2 ___'C Q) 0 -0
mOlo..o.""" 0:-:=
>ro~oo :l
(l)W .....co:(I)CO
(1.)0 Q.l1J'i_.a---
.0 """ l..\.. :l .- 0 := ui
=(UOJ"O"0C03....
._ _ 0 -0 0) 0 :::l
~ ~ I (1)'- 0 >- 0
"'Q '2-oe.C'!~g
Q)E......2O"O)"O.....
._ 0 0 u ..c ro e
e. .;: .... .5 cn "'-' 0 Q)
a.. Q) 1$ "0 C .5 a: E
.' 1i5 N e 'm 01 ., 0.0
O-~ ~cO-
..,.. o..c .'!l IJ'i .- :c m
.....oEo"""C"OO>
o 'C :::l 0 C 0)
<:( U 0..Q oZ<("O
o
J:
~
o
J:
o
<:(
0)
c:
o
c
0)
c
o
C
ro
C
<:(
~
E ~ Q)
o -e .e.
J:::::2~
Q)~U)
~~.:i
Q)"""-
~$~
(j)~Q)
C (/) :2
.- C III
a.. 'm"tl ui
'O~t:Q)
"Ool'llt:
'3.....a;:~
.o~t::M
&~g,2
r-
r-
fu
-0
a;
"0
ro
C
<(
::
ro
~
E
o
.;:
0)
:::l
c
ga-ci
<(m
m&.
.5 m
0..0,
"0 ro
:slU
coB
a.. 0
~ ~roO)
\..l- rou-fi
gs '5~c
I .n .-
LD - -g -0
a--croQ)
.....oC'! -0
,g C'l ..- Ol::l
-0 .... ....- .5 -0
(\) '0 0 .:e .5
.!:::! 0 CO m cn
~ 0 co ..... '';:
o,,-'il:~U
'c :t:t: .?;' 'C .~
0. ~ 'C .Q 8
n\ ,- 0 ..... .....
~ o'c 0. .....
(]) 'c 0. 0 (p
~o.c:""".c
(l)c(])~~
t)(1:l"O...m
Q) ;:: .5 "0 Z
'e ~ t 1$ ui
O-"'-E- .
:zccS9::
..~~c;~o
Ou===12"""
:I:~~0l{/)C0
y:3.geg8
.......___.::;.o.uC'l
N
Q)
Ol
ro
a..
o
:c:
o
<(
m
c:
o
C
1.0
o
>-
u..
cn
~
(j)
a..
1=
m
c
o
c
(U
c
c!
~
c
Q) I/)
'0 .-
Q).5 t:
>.cQ)
00"
..... t:
In 0 .-
v.....:::
Ql-nU
:::l .- ....
o U) ell
.3::J c:
.... E .2
00....
-o'-U
_....-Q)
'S -0 ~ Q)
.0 ro Q) c:
(I.) 0"" 0
o::o::.S"tl
0>
o:l
Ol
00
C
~ ~ _0 $~ ~
,~ ~ ~ - '" $'".
~_ 1 ..& o~ ~ a-~~
~~8. _ so&. t~ .~ 1~Q)e-oQ)
oo~-~ 0. _",o.=' ~'" ",..'
_&$" ~ '" .2 00 S<<> ~i~~
5&~% 0 2E~'" _0 ..",,,, ~0.5.
_o..c-Q) ~ xQ)Q)SQ) o..N O"lc~~~~~_l/l
.~o ~<<> ~Z~ -$ L~~<<>-~-
"~~fu _~.._o" ~S ~ .~o.$."c
l/l~Q)-o ~~S.c_""'Q)~ ~coQ)~Q).ocQ)co
~r ....._~.o, - aC -o.~__-oQ)Oo~a~~~
~ l/l co 0 _;>' 0 ~ "C...... ..!t .;;, c ....' :::>" ~
c~ oQ)Sl/l-C_o - ol/lo.. C7COCQ)
._ cello':==- ... .... ...... ._ C _ a a C co .- x co 0
~.~_OBoo"". sR O"5~...~'"
g E 'E g> " '6' .%~ E ~ '8 ~ >- '0 ;:: ";; '" & g 1\ ''''Q) ~
_~_-~~~~O~ ..~ ~.~~o~- $
s~~~~~~o..-Q)% 30 l/lQ)oQ)~Q)~~~"C.
.... ..,::",~".2~ ~- o,.."~","3""-
~~CQ)r!~sg>~.O .0. Oo"'o_~ .'
l/l Q) .... ..... ::;:;. 0 9.- co ';;.' .......~ <)? '-0 ~ .....0.. CO Q) ~ "~ a fu' 0 ~
.."'E.~"'B~-C. ~~ ~~.. --~
~.~....e820 L" !~~.E~'i~
.""...c2~0-;;;.,;..i> _...."'...00>,-
.~"",~...",so..D"'E S&~~E~.~Q)~
",OE...~_C-5.&.~ .eA-' 2~~.
~o..~c.....l/l~~--~-Q..- O~l/l"",Q)o."-Q)I-_C
.' ._ 0'- 0" Q) ",;;> Q) ..... '" ~
0- ~.",_~3~.~o~3 ..., 0..",0
~illlb~,~i>~la~~~~91~E.!5
gOQ)_2~""cO~8~~R",-g".-go..'"
_ o~ 0 u~.- ~ 0 _ .._- ..~_L~a- 0 ,....-
'"
q 0..
~ 0
..... '0 01 C0
S2. c .~ g
-ol/l-oC'l
Q)coc
N 3 a.~
:8-0'"0'"0
occQ)
._ co co '"0
o.o~.2
C C'l ';::' g
(I) ..- 0 .-
(1)_';::' l/l
.0 0 0..';;'
l/l""So
co \.0 (I)
.c '"' Q) .-
...... ~e
~~-oQ..
._..... -0
e.g ~ i
0.. Q:.- S .~
O"Q..coe
:c ~ '& tii
o5-oc
.c:(U- 0.5
~
Q)
E
E
o
o
Qj
II)
C
o
0-
Il)
&
g~
~~
o
:c
~
o
t::
n..,t~
-"-0
o ~N
~
-0
co
C
fJ)
$
~
o
C 0. Q)
~~ ~
~ u. C
~
o
o n. Cll
~c
fu
'"0
ell
C.
co
C
II)
II)
$.
oc:!.
u"2-
C
~
u..
~
u
3
-0 c
ell ~ .s
€.&_<l."l .8-;::
eQ)3C .....-0 ell
.oJ--;:;..cSSl co....o
fJ)'"O';;.'.0_- Q)C0......
ell CO,';"'.-';:: .~iiiell
6-.9~0~ ~ell"""
ell u.. g Q)l/l -..... c:. u.I <l."lCll
..,::t.-......c ~_....
"'" 0<l."lQ)0"l .00t;)
2: ~ '6 c. .;::, -0 co C
.... -. ..... ._ -0 ell ...... 0 C'l
.-- --0 O"l<l."l 00.--
-0 c_tt.~0""
~"'iii~~Q)~Q)N
z.E.2~qcEiiill>
~3~~~85~~
~;:
.:::: .oJ 0
-c.1I)"-
&5
~~
'c e 0
o ... ......
'f~
C0
""
""
""
-o;~
-o~
'&, c:!.
1ii~
===0
~o
~
<;i
co
C
ro
C
ro
C
ell
C
<.0
o
~
~
u-
Cll
C
'0
c
o Q)
;p 01 <4-
5 ~ 0
gna
~,-;
co$U
S.s~
Q) c iii '&
~~ a t:
co .;::, \,) ~
~~e~
$Q)-g$
.s :S <<I .S
-
"&
'"0
c
co
~
III
~
.....
I-
to
g.32
o..\::
g8
o:t
""
N
""
co
C.
~
<;i
~
c.
"E.
\.O~
0"2-
~
~
c
co
C
Q)
c
~
I-
'"0
<5
, .
~ l/l
00
.~o
en
O-l/l
~~
ell Q')
%C
-,:l'"O
._ C
if)Cll
\.0
'<""""
'<t
C0
'<""""
'<t
..-
((l
c
~
o
3
if)
~
c:!.
0..
~
o
o
Q')
:S
.'!!.
n.
~
~
g
....
(l.
c
Cll
€.
Q)
';>
o
.....
0-
g
OJ
C
'w
s<J5~
o .~ '-
.\;:;0-0
~S~
C0'"OO~
iii co,s c
CllSeQ)
u.I u.. 01 €.
~~.~ ~
_::t.'"00
.....Q) C ~ .....
Cll 0 0..
o u: .~ .g
C'l
""
a>
c
o
o
c
o
.~
o
ur
C
ell
.....
I-
.g
.~
$
~
~
t-
o
~
.
\.0
o
~
III
b
C
.If!.
e:
tu;
C0
Q)
01
Cll
0..
c
~
.c
l/l ,.;
<l."l.8
l~
<l."l 0
.cO
"Oil
III 0
fJ) .
~~
c';::'
~ Cll
~ i~
.... ~~
g; ._ 0-
.... 0 '0
0.. .00C
::t. E 'c
"",cofu'O-
g'&311
::>,0-0<(
~n:~o..
0)~1- -
>-ili.9~
~€.~2
u::Q)c'-
(j)'6oell
Oo.lDO
~s(D"~~
,_.....€.c
\.0 c III II Cll
0001 0
~.~.~c:!.~
l/l'C~~~
b g. e >.'(i)
..,...l/l_CO';>">
...... C f2.' 3 ::::
<;ico.....IDCO
~ .g ?:. ~
II) 0.. - .-
'Q:.~OIl~
iJ)~~5~~
$ u.. g .({ u.. ...
~~~t'ic<1-i
\.0
o
>-
u..
l/l
.3
~
(f)
0..
~
October 15, 2004
MERIDIAN CITY COUNCIL MEETING
October 19, 2004
APPLICANT
ITEM NO.
6
REQUEST Discussion of TVTV Treasure Valley Public Access Television
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FtRE 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:
JNTERMOUNTAIN GAS:
MERI DIAN POST OFFICE:
OTHER:
See attached
~
~
Contacted:
Em ailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
Your Community
6225 W. Overland Rd.
Boise, 10 83709
ph. 208.343.1100
fax 208.323.8447
www.tvpatv.org
tvpatv@cableone.net
Connection!
Trelsure Ualle!l
PUblic occess Teleuision
Honorable Mayor Tammy DeWeerd
City Council Members
City of Meridian
33 E. Idaho Ave.
Meridian, ID. 83642
October 13, 2004
Dear Mayor & Council Members
Thank you for your interest in Treasure Valley Public Access Television.
We consider TVTV to similar to public libraries, museums and parks. These are services
available to all city residents for little or no cost.
Under contract with TVTV the City of Meridian will receive coverage of all local events
including:
· City Council meetings
· Mayor's address to the City, candidate debates and other political or public affair
events
· High school football games and commencement ceremonies
· Local arts, cultural, educational and religious events
· Public service announcements
TVTV will serve as an information source for citizens about City of Meridian meetings,
programs and services and train City residents in media literacy and television production
By contracting with TVTV, the City of Meridian will fulfill a federally-endorsed mandate
to provide Public, Educational and Government programming (PEG) to Treasure Valley
residents.
We appreciate the opportunity to serve the City of Meridian as YOUR public access
television station.
Sincerely,
-r j~~
Ter~:ot
Sta~~~~~~ter
TREASURE VALLEY
PUBLIC ACCESS
TELEVISION
TVTV STATiON MAIHACI!R
Terry Chrlstenot
IIGAltb- 01= DI~JiiCTORS
Gayle Dyer-
Board Chair
Dave Walsh -
Board Vice-Chair
Susan Emerson -
Board Past Chair
Dr. Peter Lutze
Doug Oppenheimer
Kristina Peterson
Heather Rae
Freddy Rosario
Sherrl Rudal
JUdY MCConnell Steele
Cindy Rosen
Ben Shedd
TREASURE VALLEY
PUBLIC ACCESS TV
6225 OVERLAND ROAD
BOISE, ID 83706
Phone 208 343 1100
Fax 208 343 Ii 00
www.lvpotv.org
1VN Cobl""",ls 00 Coble One Inc. 'obi.
~11'J11 under [I frof1chisc -agreement.....;lh
Ih/l: Bcisa City Council
MERIDIAN CITY COUNCIL
COVERACE PROPOSAL
PROPOSED SHORT TERM GOAL:
BEGINNING JAN.I, 2005 - TVTV TAPES & BROADCASTS CITY
OF MERlDIAN COUNCIL MEETINGS
Budget Required: 3% of City of Meridian's Franchise Fees from
CableOne, approximately $5,000.
. videotape each City Council meeting to provide quality coverage.
. broadcast bi-weekly Thursdays at 7 pm
. provide a VHS video to City of Meridian of their Council meetings
as a pennanent record.
PROPOSED LONG TERM GOAL:
BY OCT. 1, 2005 - TVTV SERVES AS MERIDIAN'S PUBLIC
ACCESS TELEVISION STATION PROVIDING LIVE COVERAGE
OF CITY COUNCIL I P&Z MEETINGS AND TAPED COVERAGE
OF OTHER LOCAL EVENTS;
Budget Required: $65,000 stalt up funding from CableOne; 30 cents
per Meridian CableOne subscriber to provide ongoing capital funding;
10% of City of Meridian Franchise Fees to provide operational funds.
TREASURE VALLEY
PUBLIC ACCESS
TELEVISION
"I'VTv 5'1"ATION MAHAGIiIR
Terry Christenot
BOARD 01= DIR.C:TORS
Gayle Dyer.
Board Chair
Dave Walsh.
Board Vice-Chair
Susan Emerson -
Board Past Chair
Dr. Peter Lutze
Doug Oppenheimer
Kristina Peterson
Heather Rae
Freddy Rosario
Sherr] Rudal
Judy McConnell steele
cindy Rosen
Ben Shedd
TREASURE VALLEY
PUBLIC ACCESS TV
6225 OVERLAND ROAD
BOISE, ID 83706
phone 208 343 1] 00
fox 208 343 1100
www.tvpatv.org
lVlV cabloco,~ "" Cob!. On. Inc. cobl.
!iysl-:m undero Iranc:hitl! i:J9mementwilh
Ihe BoiY!l Cily Council
MERIDIAN CITY COUNCIL
COVERAcCE PROPOSAL
In preparation for live coverage. TVTV urges the
Meridian City Council to:
Approach CableOne for:
· InU11ediate st8.lt up ftmding in the amount of$65,000 to allow TVTV
to purchase a remote two camera switcher & used van to provide
professional coverage of weekly meetings.
. A second cable cast channel for City of Meridian
. Thirty cents per Meridian CableOne subscriber to provide ongoing
capital ftmding for the project. This could be effective within 90 days.
Budget into FY 2006. 10% of their Franchise Fees to provide
operational funds for Public Access Television to employ permanent
staff for coverage of City Council & P&Z meetings.
Determine where the closest fiber optic lines are to Meridian
City Hall and the cost to extend them to City Hall. (In order to go live,
Meridian City Hall must be wired with fiber optics).
TVTV - YOUR PUBLIC ACCESS TELEVISION STA TION
.
Non-profit, non-commercial television station operating 24/7 on CableOne Channel 11.
Serves over 65,000 households in the greater Treasure Valley area.
Live broadcasts weekly Boise City Council meetings and other City events.
Films and broadcasts wide variety of community events - political, cultural, religious, sports.
Airs thousands of hours of programs created by Treasure Valley producers and non-profits.
Promotes dozens of public service announcements daily on free Community Bulletin Board
· Trained over 600 local producers and non-profits, including 30 meridian citizens, in studio/field
production and editing.
TVTV - THE PROGRAMMING YOU WANT
Political: Boise City Council Meetings LIVE, Nuestra Voz, election debates, Werk's World, Democratic
Caucus, ADA County Sheriff's Candidates, Java With Janet Miller, Democracy Now, Women and the
Vote, Senator Crapo, Larry Craig wI The Commission On the Aging, Women of Color Alliance, Idaho
Peace Coalition & Snake River Alliance
Cultural: Cinco de Mayo, Irish Heritage, Bosnia and Philippine groups, Mid-eastern Belly Dancers
Religious: Victoria's Faith, Outside Prison Walls, Free Again, OOPS, Worldwide Women of Peace, the
Atheist Viewpoint, Baha'i Hour, Life to Life, Center for Spiritual Living & Praise Inc.
Sports: Baseball Skills, American Legion Baseball, High School Football & TVCC College Baskettball
TVTV - WORKING HARD FOR YOU
Partnering with Governor Kempthorne and the Idaho Commission on the Arts to create documentary
on 17 award winning Idaho artists including Cherie Buckner-Webb, Paul Revere and Bruce Willis...
Presenting four documentaries at the Flicks with first showing of Fahrenheit 911 bringing in a packed
house...Welcomed Apprentice finalist Troy McClain to TVTV studio for filming of special project for
Donald Trump...Sponsored Youth Camp featuring guest instructor Ben Shedd, co-creator of the Nova
Series and Academy Award winning film maker.. . Received Fund for Idaho Grant to train New Americans
in video production... Awarded Commission on the Arts Grant to train teens to produce video art
through mentorships with Boise artists...Partnered with Catholic Charities to train Marsing High School
students and at-risk Hispanic youth from Caldwell High School... Showcased Treasure Valley's growing
film producer community through involvement with the True West Film Festival, Boise State University
Film Festival and Dead 8 Film Festival.
-:t
fu'e.
"OlP
~t: :;:
u....,.-
~ g g
-0 g! g! .g
0 E. E. 0
$ ~ ~ ~ i- 3:
III ~ :l :i
0 ~ 9: c (; I!)
(Ii (Ii ".:J ~ ~ 1
u. U. 'CI 1 3:
t:Il ~ c ~'O 0
t: ~ I!) III III 0
~ .~ =' ~:o 7:.' !!! ~ %
:= -a lii
~ ~ a e.~ '5 ~ !Xl i-
u. U. O-~
1a
fl g! g! ~
lf6 8
.... .$ ~ !!1 (lJ (Ii
~ '% ~ ~ ~ c ..... ;; fli
~ oS ~
oS I- ~ ~ ~ ~ ~
0;- ~ I- 0 0 \ ~ :.;;
%, ~ 0 III III ~(Ii -g
5 ~ !Jj, !Jj, 6tl ~ -a III
~ ~ 0 ~ 0
!Xl S !Xl (lJ 00(.... In f.l)
!!1 S 'B i
fl ~ c c
e (Ii ,S 0
-- ~ ~ 0
~ ~ '0 Ul ..~ C g ~
\ 0
:>':> te ';ji '4; '4;
Ei III r.:.
~ s 2 CD 'C '5 z ~
.g 0.. a: :.;;
':3 ':3 i-E '" ~ .g ~
s'" s~ 2~ 00 III ~ '.:;2, 9 j ~ rn (/) rJ> rn (/) (/) ~
i-~ ~ ~ % s Ii 'it. ~ Ii ~ \t.
g'~ ~ i <\'l (Ii
g.;;:; ~~ 7'c. .9a 0 ;:) 5; 5; '" <s:. <s:. u..
5~ 5~ fl'iZ. 0 ".:J 0 ii3 0 ;;.J <s:. '"
0
c ~
0
-:::> 0
g ~ .....<1:> ... 0
8 alE! ~ ~
~o
'a lUro ~ r.:.
:% <l> c- d (,)
.,. {t- flS oS ~
iD 1 ~ ~ 01 l- ll> (/)
c t5~ ~ ~ ...... (/) en (/) (/) en ~
~ "S- ill 0 s 'it ~ 'it. ~ \t. \t.
~ ~ ~8 '(jj 8
~ ~ III cr. 4. 4:. <s:. c:( 4:. ct u.
rn z S 0..
1a ~ o;:! ...J o;:! o;:! ...J -;;:! ~ ...J ~ ~
-0 ~ ~ ~ ~ ~ ~ ~ E
fl tz "\ ~ 'Z g g
S -- :::;c '6 8 6 ~ ~ 8 6 ::J 5 0
<t ~ s:. ~ sf. 0 <3 0 8 ~
0 .91 (,) 0 0 (.) (,) 0
~ .;;; :3: ~ c: ')-0 ~~ ~~ ~~ t:~ ~~ ~~ ~~ 'f~ r.:.
(/) ~ ~~ ~~ -
~ <II ~ "0 1='Z -:::>
~ c ~~ 0- ()-
..,.- .S\~ c: 5 0- 0- 0- 0- 0- 0- 0- 0- wW ~B en (/) ~
~ ~ wlli wW wlli will ~w wW wW wW ~ ~
%, 1i) ~ ~~
_iD 'S ~ ~~ ~ 3~ 3~ ~~
8 5~ .. 3':i 3~ 3~ :l ::i~ :::i~ '" u.
III u. U.
III l
~ ~ z
~ 1;;
-0 E.
i2- 0 'S; g
-<t i- ll) g
~ ::1 :0::
0 0> 0> € o;l .a:.
? Q ll) .s oS 0- ~ r.:.-
III '5 ;;.J ...J 0 '0
..,.. 0: ~ :e- $ 'J:;; ,,;:::
~ g ~ en en (/) (/) ~
2: $ ~ U) (/)
c! (,) ~ 0> 0> ~ ~ 'it 'it 'it ~
1 (/) ~ III 0 % :3 '5 ~ .a:. 4:. <s:. <( '" u.
S ~ cr. cr. c! '5
!Xl ..J
-5 -5
... ~ i
;;)
Q (5
<t ::i g
~..... z. ",,: ~ :S .s
e -e~ -e ... ~
..,.- ES <\'l;:: 0 fli 'a .9a 0 10 '(G
C"J <\'l C ~ ~ :J -l5 ~ u. u. r.:.
u.1ll ~t3 (; ~ ~
(3 t~ u 'C .,. '5 In ,::
-
..,.. .\l! .go :;::; ~.&. ~ u. ~ E. .9 0 en (/) U) ~
'~~ ~ ... ~ III ... 'J:;; (f} (/) (/)
~j::; %~ ~ III ~ g ~ ~ t;. ~ 'it 'it ~
~e t::e 2% 0 "% u
0 & 83 ~ g 5- 4- C( <s:. C( 4. u.
o 0 00 cr. ;,;:5- '5 ~ .,. <(
z$ z~
~-g
-0 _
~::t
~..-
(::.~
~
~
tc
(G
C)
~
::>
(G
~
$
~
~
fu'-<t
-00
.....-
:i3~
(G""-
(/)..,.-
fu'
-0
c:
o
~
....
B
-
u..
u..
-0
c:
o
0-
:a
E
(/)
<5
8
o
o
!J)
o
.g
co
c::.
~
~
....
.g
~
~
:e
...
':2
G
~
'1
J
~
~-<t
!J)O
0)-
cS2.
-0"-
(0""-
~
fu'
"0
!J)
(0
~
\-
g
~
o
o
iO
o
(()
U:)
o
o
CD
o
(()
CD
o
<?
t-
o
~
t-
o
o
co
g
co
g
if,
g
i:i>
o
o
o
..-
o
cI')
o
~
~
..-
..,.-
o
~
..-
..-
o
o
M
.....
o
(()
M
~
o
<?
~
o
~
..-
o
o
M
fu'
"0
c:
~
(/)
WOMEN OF COLOR ALLIANCE
As the (ire btlms in our bellies. so does the passion for political and social justice.
October 13, 2004
To Whom It May Concern,
Letter of Reference for Boise Public Access TV-TV
I would like to take this time to express my support for Boise Public Access TV-TV. I
am the Executive Director of the Women of Color Alliance (WQCA); an organization
dedicated to the empowerment and advancement of Native, Immigrant, and Migrant,
Latina and Mrican American women in the state ofIdaho. Our organization like so
many non-profits, do not have the access to "big money" to get our issues and events out
there by local TV, radio or m~or newspapers, all this is quite costly and we are unable to
pay their high fee's. So we are dependent on Public Access TVTV to get our message
about who we are and what we are doing in the state of Idaho.
In the past year, WOCA has taken the opportunity offered by TVTV to do a show called,
"WQCA Speaks" our show profiles women of color in and around the state of Idaho to
express their concerns on issues that relate to local politics, to women sharing their
achievements and struggles. This show has been able to build a wide network for women
in our organization and women who are interested in knowing more about the other
women who may live their communities. Due to the vast distances women must travel
and often live in complete isolation, our TV program, "WQCA Speaks" gives women the
ability to hear what other women are doing in Idaho. We could not have done this
without the help and support of TVTV and their staff. Always professional and kind in
assisting us with questions and ideas, TVTV has given a new voice to women in Idaho.
Without TVTV, there would be a "silent voice" of the good and hard working
organizations and individuals, who would not other wise have the ability to discuss
important issues within our communities, TVTV is giving us that connection.
If you have any questions, please feel to contact me at 208-344-4914 or by email at
Sonya@wocaonline.org
Thank you,
Sonya Rosario
PO Box 603 * Meridian, ID 83680 * Ph# 208-344-4914 * www.wocaonline.org
DIRK KEMPTHORNE
GOVE:RNOR
Mark Hoffllmd
CHAIR
LaureL Halt
VICE: CHAlR
Dan Harpole
EXECUUVE DIRECrOR
f< {.j j,) L:,
MillUNG ADDRESS
P.O. Box 83720
Boue, 10 83720.0008
:"-",j
OffiCE ADDRESS
24/0 Old Penitentiary Road
Boise, ID 83712
~.,~ -S:'
PHONE:
208-334.Z119
1.800-ART-FUND
FAX
208-334.2488
wwwZ.state.id.l<S/arts
October 12, 2004
To Whom It May Concern:
It is my pleasure to offer a letter of support for Treasure Valley Public Access
Television, TVTV, a much ne~ded public forum for citizens and organizations to
tell their stories; a genuine grassroots organization.
Treasure Valley Public Access Television and it's small but capable staffhas
demonstrated an untiring ability to COllllect the university, the arts, and the
community-which directly benefits so many of us who live and work in Boise. Our
association with this organization began about three years ago. Since that time, the
Commission has had the privilege of working on projects with Terry Cbristenot,
Station Manager; Troy Shreve, the Programming Director and Technical Manager;
Dr. Peter Lutze, former board chair and BSU professor; and many volunteers and
students.
TVTV filmed and then broadcast the presentations of keynote speakers from our two
statewide ArtMatters! conferences in 2001 and 2003. Our most recent collaborative
project was for the creation of a videotape featuring recipients of the Governors Arts
A wards. These vignettes demonstrated a high degree of professionalism from
interviewer to film crew to editing and they will be expanded into a longer film
documentary that will be aired on Idaho Public Television.
It was a pleasure working with TVTV on the recent governor's arts award film
project. Everyone displayed a remarkable commitment to the project and in addition
were enthusiastic and professional. Treasure Valley Public Access Television is, and
will continue to be, an asset to the city of Boise and the surrounding community; as
well as to the arts in Idaho. Peter Lutze said it well when he wrote "One of the
reasons I have been so excited about public access is that it is a practical instrument
for the making of community through partnerships of non-profits, government
entities, and individual citizens." I couldn't agree more and they have my whole-
hearted support.
Respectfully,
fl~
Dan Harpole,
Executive Director
November 5. 2004
MERJDJAN CITY COUNCIL MEETING
APPLICANT
November 9.2004
ITEM NO.
5-8
REQUEST Approve Minutes of October 19. 2004 City Council Regular Meeting
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CiTY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HJGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
'IV
a~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
Revised October 19, 2004
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 19,2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
X Shaun Wardle 0 Christine Donnell
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance: Jeff Lavey & Gary Scheihing
3. Community Invocation by Joe Anderson, with Cole Community
Church: Presented
4. Adoption of the Agenda: Approve
5. Consent Agenda:
A. Findings of Fact and Conclusions of Law for Approval: AZ 04-
021 Request for Annexation and Zoning of 10 acres from RUT to
R-8 zone for Arcadia Subdivision by C7 Development - 3665
Jericho Road: Approve
B. Findings of Fact and Conclusions of Law for Approval: PP 04-
028 Request for Preliminary Plat approval for 33 single family
residential building lots and 3 common lots on 10 acres in a
proposed R-8 zone for Arcadia Subdivision by C7 Development-
3665 Jericho Road: Approve
C. Findings of Fact and Conclusions of Law for Denial: VAR 04-
006 Request for a Variance from MCC 11-10-6 to allow a
childcare/preschool for five or fewer children to be operated in a
required garage area of a single-family home in an R-4 zone for
Earl and Donna Bohm by Earl and Donna Bohrn - 1451 North
Santa Rosa Place: Approve
D. Findings of Fact and Conclusions of Law for Approval: M104-
010 Request to a modify the hours of operation approved
previously under CUP 01-016 from 8 am to 10 pm Monday thru
Saturday and 9 am to 9 pm Sunday to 6 am to 10 pm seven days a
Meridian City Council Agenda - October 19,2004 Page 1 of 4
Revised October 19, 2004
week for Cherry Crossin" Subdivision by Robnett Construction,
Inc. - northwest corner of West Cherry Lane and North Linder
Road: Approve
E. Findings of Fact and Conclusions of Law for Approval: M104-
009 Request to allow a one-time lot division to separate an un-
platted parcel into two parcels in an I-L zone for Joe Pachner by
Joe Pachner - 850 West Franklin Road: Approve
F. Findings of Fact and Conclusions of Law for Approval: M104-
008 Request to modify the condition of the approved Preliminary
Plat regarding the 5-foot wide asphalt pathway within Nampa
Meridian Irrigation District's easement for Castlebrook
Subdivision No.3 by Liberty Development, Inc. - east of North
Black Cat Road and south of West Cherry Lane: Approve
G. Award of Bid for 2004 McMillan Water Extension Proiect to
Masco, Inc. for $326,075: Approve
H. Resolution No. 04-446 Establishing Appointments
for Board Members and Alternates to the Vallev Ride Reaional
TransDortation Authoritv: Approve
I.
Resolution No.
04-447
: Public Works Fees: Approve
J. Order to Remand back to Planning and Zoning Commission
for Ventana Subdivision, AZ 04-019, PP 04-026, and CUP 04-
028: Approve
K. Water Easement for Pioneer Holdina. Co.: Approve
6. Department Reports:
A. Public Works Department - Brad Watson
1.
Quenzer Commons Condominium Plat:
October 26,2004 Meeting
Table to
B. Police Department - Chief Musser
1. UDdate on K-9 Buildina: Presented
C. Mayor's Office
1. Appointment to Parks and Recreations Commission:
Approve - Appoint Matthew Ellsworth
Meridian City Council Agenda - October 19, 2004 Page 2 of 4
Revised October 19, 2004
D. City Attorney - Bill Nary
1. Discussion of Hiring Additional Staff (Deputy City
Attorney and Paralegal): Continue I Proceed
2. Budget Related Items I Report: Approve 1.5 % cost of
living with exception
7. (Items Moved from Consent Agenda): None
8. Public Hearing: AZ 04-024 Request for Annexation and Zoning of 47.66
acres from RUT to R-4 zone for proposed Silverleaf Subdivision by
Centennial Development, LLC - 2683 West Chinden Boulevard: Prepare
Findings of Fact and Conclusions of Law for Approval
9. Public Hearing: PP 04-031 Request for Preliminary Plat approval for 143
single-family residential building lots and 19 common lots on 47.66 acres
in a proposed R-4 zone for proposed Silverleaf Subdivision by
Centennial Development, LLC - 2683 West Chinden Boulevard: Prepare
Findings of Fact and Conclusions of Law for Approval
10. Public Hearing: CUP 04-033 Request for a Conditional Use Permit for a
Planned Development consisting of a school lot and single-family
residential lots with reductions to the minimum requirements for lot size
and street frontage for proposed Silverleaf Subdivision by Centennial
Development, LLC - 2683 West Chinden Boulevard: Prepare Findings
of Fact and Conclusions of Law for Approval
11. Public Hearing: AZ 04-023 Request for Annexation and Zoning of 76.72
acres from RUT to R-4 zone for proposed KinClsbridae Subdivision by
Vision First, LLC - 4070 South Eagle Road: Continue Public Hearing to
November 3, 2004
12. Public Hearing: CUP 04-032 Request for a Conditional Use Permit for a
Planned Development consisting of single-family residential lots with
reductions to the minimum requirements for lot size, street frontage and
request to exceed the maximum block length allowed for proposed
Kinasbridae Subdivision by Vision First, LLC - 4070 South Eagle Road:
Continue Public Hearing to November 3, 2004
13. Water, Sewer and Trash Delinquencies: Approve
14. Ordinance No. 04-1111 : RZ 04-010 Request for a Rezone of
.68 acre from R-4 to an Q-T zone for Mittleider Rezone by Leon Smith -
125 West Cherry Lane and 1645 West 1 st Street: Approve
Meridian City Council Agenda - October 19,2004 Page 3 of 4
Revised October 19, 2004
15. Executive Session per Idaho State Code 67-2345(1)(c): No Decision
Meridian City CQunci! Agenda - October 19,2004 Page 4 Qf 4
(
(..
Meridian City Council Meeting
October 19. 2004.
The regular meeting of the Meridian City Council was called to order at 7:25 P.M.,
Tuesday, October 19, 2004, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, and
Shaun Wardle.
Members Absent: Christine Donnell.
Others Present: Bill Nary, Will Berg, Brad Hawkins-Clark, Brad Watson, Bill
Musser, Kenny Bowers, Doug Strong, and Dean Willis.
Item 1:
Roll-call Attendance:
Roll call.
X Shaun Wardle
X Charlie Rountree
X
_Christine Donnell
-.2L Keith Bird
Mayor Tammy de Weerd
De Weerd: Okay. I'd like to call this meeting to order. I will call the regular City
Council meeting to order. It's Tuesday, October 19th, and it is 7:25. While we
enjoy seeing all these faces at our meeting, we will begin with an announcement
on a change to our agenda that I believe affects most of you. Mr. Nary.
Nary: Madam Mayor, Members of the Council, Items 11 and 12, the Kingsbridge
Subdivision, there is an annexation and zoning Public Hearing and a Conditional
Use Permit Public Hearing. They have requested to table that matter this evening
and the reason being is the preliminary plat is not attached to that application,
because that was denied by the Planning and Zoning Commission and the denial
was confirmed at the last Planning and Zoning Commission meeting in the earlier
part of this month. They have requested reconsideration of that decision by the
Planning and Zoning Commission and that will be heard this Thursday, October
21 st, as part of the regular agenda for Planning and Zoning. If they do re-
reconsider that decision and reset that matter for hearing, they will reset that for a
new Public Hearing, they will send out new notices for that If they don't
reconsider it and that decision is final, they still have the option -- the applicants
have the option to appeal that matter before you and if that's the case, that will,
then, be set on your agenda sometime in the future. So, tonight it's not very -- it's
not very efficient to hear this matter today when these matters are still pending
for review, so it would be my recommendation to you to table these matters to
your November 3rd, 2004, meeting to have whatever disposition. By then we will
know if it's an appeal that's pending as well. You may be hearing it that night as
the appeal of the preliminary plat. If the matter is being considered by the
Planning and Zoning Commission, I'm probably going to recommend you simply
remand all of this back to them for their review again. If there is an appeal you
c
(
Meridian City Council
October 19, 2004
Page 2 of 35
still have these matters before you. But my recommendation tonight is to reset -- to
table that matter that's before you tonight to November 3rd.
De Weerd: Okay. So, I don't know if that was very clear, because he is an attorney.
But, essentially, because there is an appeal to be reconsidered at Planning and Zoning,
it will be decided Thursday night. If they decide to reconsider, what is on our agenda
will be remanded back to them, so they can see the whole application, instead of just
bits and pieces of it. If they decide to deny that appeal or the reconsideration, then,
they have the ability to appeal that denial, then, to City Council and so, then, we might
as well have that all in one evening, along with this. So, that will be probably put back
on the agenda November 3rd?
Nary: That would be my recommendation, Madam Mayor, yes.
De Weerd: Regardless of what happened, we will either do it November 3rd and
remand everything back to Planning and Zoning or consider the appeal and what is on
our agenda tonight at that time as well. Or did I muddy the water even further?
Rountree: Still confusing.
De Weerd: So, what we will be doing with these items is not taking testimony tonight,
rather, we will just delay it until November 3rd. Okay. I know how to clear a room.
Okay. Mr. Berg, will you, please, call roll call.
Item 2:
Pledge of Allegiance:
De Weerd: I'd like to welcome those of you who have stayed with us and I'd also like to
welcome our Boy Scout member from Troop 30. Thank you for joining us tonight. We
will be lead in our pledge by our Meridian's finest. If you will please rise.
(Pledge of Allegiance recited.)
Item 3:
Community Invocation by Joe Anderson, with Cole Community
Church:
De Weerd: For our Meridian's finest I will offer you two City of Meridian pins, thanking
you for leading us in the pledge. Item NO.3 is our community invocation. Please join
us at this time or take this moment for a time a silence. And we have with us Joe
Anderson from Cole Community Church.
Anderson: Please join me in prayer. Heavenly Father, we thank you very much for this
wonderrullife you have given us, this great city of Meridian we live in, the love that you
show us in your creation, your plan for our lives, and the people that you send to bless
us. Thank you for our leaders, Mayor Tammy de Weerd, our Council members, our
public servants. Provide extra protection for our police and emergency officers. As it
says in Proverbs 25, the purposes of a man's heart are deep water, but a man of
Meridian City Council
October 19, 2004
Page 3 of 35
understanding draws them out. Give our leaders your insight as they seek to
understand and make decisions to bless the people of this great city. May your justice
and righteousness prevail? Send our warm thoughts and prayers to our armed forces
men and women fighting for the freedom that we enjoy today, Amen.
Item 4:
Adoption of the Agenda:
De Weerd: Thank you, Joe. I would like to offer you one of our new city pins as well.
Thank you for joining us. Okay. Item No.4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We need to -- the resolution on H is -- number is 04-446, I is 04-447, and the
ordinance number, which is Item No. 14, is 04-1111. As you have announced earlier,
Items 11 and 12 will be continued, which we will do at the time of -- when we get to
those items. And with that I would move that we approve the agenda as published.
Rountree: Second.
De Weerd: It's been moved and seconded to approve the agenda as amended. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Consent Agenda, Item 5.
Item 5:
Consent Agenda:
A. Findings of Fact and Conclusions of Law for Approval: AZ 04-
021 Request for Annexation and Zoning of 10 acres from RUT to R-
8 zone for Arcadia Subdivision by C7 Development - 3665
Jericho Road:
B. Findings of Fact and Conclusions of Law for Approval: PP 04-
028 Request for Preliminary Plat approval for 33 single family
residential building lots and 3 common lots on 10 acres in a
proposed R-8 zone for Arcadia Subdivision by C7 Development -
3665 Jericho Road:
C. Findings of Fact and Conclusions of Law for Denial: VAR 04-
006 Request for a Variance from MCC 11-10-6 to allow a
childcare/preschool for five or fewer children to be operated in a
required garage area of a single-family home in an R-4 zone for
Meridian City Council
October 19, 2004
Page 4 of 35
Earl and Donna Bohrn by Earl and Donna Bohrn - 1451 North
Santa Rosa Place:
D. Findings of Fact and Conclusions of Law for Approval: MI 04~
010 Request to a modify the hours of operation approved
previously under CUP 01-016 from 8 am to 10 pm Monday thru
Saturday and 9 am to 9 pm Sunday to 6 am to 10 pm seven days a
week for Cherry Crossing Subdivision by Robnett Construction,
Inc. - northwest corner of West Cherry Lane and North Linder
Road:
E. Findings of Fact and Conclusions of Law for Approval: M104-
009 Request to allow a one-time lot division to separate an un-
platted parcel into two parcels in an l-L zone for Joe Pachner by
Joe Pachner - 850 West Franklin Road:
F. Findings of Fact and Conclusions of Law for Approval: M104-
008 Request to modify the condition of the approved Preliminary
Plat regarding the 5-foot wide asphalt pathway within Nampa
Meridian Irrigation District's easement for Castlebrook
Subdivision No.3 by Liberty Development, Inc. - east of North
Black Cat Road and south of West Cherry Lane:
G. Award of Bid for 2004 McMillan Water Extension Project to
Masco~ Inc. for $326,075:
H. Resolution No. 04-446 Establishing Appointments
for Board Members and Alternates to the Valley Ride Regional
Transportation Authority:
I.
Resolution No.
04-447
: Public Works Fees:
J. Order to Remand back to Planning and Zoning Commission
for Ventana Subdivision~ AZ. 04-019~ PP 04-026, and CUP 04-
028:
K. Water Easement for Pioneer Holding, Co.:
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: J move we approve the Consent Agenda, including Resolutions 04-446 and 04-
447, and for the Mayor to sign and the Clerk to attest on all proper papers.
Rountree: Second.
c
Meridian City Council
October 19, 2004
Page 5 of 35
De Weerd: Thank you. The motion is to approve the Consent Agenda. Is there any
further discussion? Mr. Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6:
Department Reports:
A. Public Works Department - Brad Watson
1. Quenzer Commons Condominium Plat:
De Weerd: Thank you. Okay. Department reports. We will start with Public Works.
Brad Watson.
Watson: Madam Mayor, Council-members, I have to start off with an apology. This is
one of those items that Anna and I discussed in great haste as she was trying to leave
last Thursday and asked if I would present it and I thought it was going to be in the
packets -- something that P&Z would provide in the packets and they did not and I did
not, so we really don't have anything for you to look at tonight. I would recommend that
this be tabled until next Tuesday night for your consideration.
B. Police Department - Chief Musser
1. Update on K-9 Buildin(:l:
De Weerd: Thank you. We will do that. Okay. Item B is police department. Chief
Musser, do you want to introduce this?
Musser: Madam Mayor, Members of the Council, this evening I have two of our officers
with us as well, Lieutenant Jeff Leavy and Officer Gary Shine in the audience to help me
out with this presentation, as well as Matthew Schultz, who is a vice-president in charge
of land development for Hubble Homes. What I have to present to you at this point is a
partnership that we are in the early stages of getting formed, but seems to be a very
promising one with Hubble Homes at this point. I had mentioned to you during the
budget considerations that we were interested in putting up a K-9 training facility, which
also included a building back during the initial phases of our 2005 budget presentations.
I was noting that we were seriously looking to pursue that in FY 2006, as opposed to
this year, and we were also actively seeking partnerships from the community for
possible donations to assist us in completing this facility, which would be adjacent to the
police department on the undeveloped five acres that we have just to the west of the
building now. Luckily at this point my chief dog robber, Officer Shine, has been out
working the community and doing a very good job of it. He has been able to make
contact with Hubble Homes, Hubble Homes is very excited about partnering with us on
Meridian City Council
October 19, 2004
Page 6 of 35
this and I did provide a copy of a letter that I received from Mr. Schultz, which does
indicate that they are very interested in helping us at this point and pledge to initiate the
civil design and the survey work that will be required, helping us get into laying our
ground items that we need as far as water hookups and sewer, that type of thing, and
initially getting this moving forward on our overall design. We still have to find an
architect; we have some leads on that at this point, to help us get the design back on
the computer. Our original architect apparently lost what he did have in digitized format,
so we are kind of back to ground one on that, but we are going to look to move forward
on that and we think that in a partnership with Hubble Homes we will also be able to find
additional folks from the construction fields that would be willing to further donate labor
and materials to our cause at this point. The big reason why I bring this forward tonight
is I would like direction from this Council, if they feel that this would be a worthwhile
community project to pursue and, in lieu of that, we may end up having to have some
funds to commit to it if we don't get total donation on it and we would look to project that
out into FY 06 if necessary or having talked to finance already, there are some other
options if we decide we have enough to pursue at minimal costs within this year. That
would mean possibly looking at doing something with the fund balance for a minimal
amount, which shouldn't probably exceed somewhere in the vicinity of 200,000. We
think it will come in significantly lower than that, but we don't have a total cost
breakdown yet, because we don't have the full design to be able to present to you. We
do fully intend on presenting this to the P&Z, just like we would with any other project
and, then, also bring it back before this Council as a regular building project for all final
approvals and everything. We would also ask for a possibility of the city doing the same
thing that they did with the police department in waiving permit fees and other
associated costs as we move forward on this project as well, if thafs something that the
Council would find an item that they would wish to entertain, that's why we are
presenting it this evening. Any of the four of us would stand for any questions if you
have those or Matt has anything additional he'd like to present, I'd like to turn it over to
him at this time.
Schultz: Good evening, Mayor and Council. My name is Matt Schultz with Hubble
Homes and it's been awhile since I have been in front of you. There is some new faces
and some older faces and Mr. Nary has moved that way. Glad to see you're still here.
This is getting him back from a long time ago. No. He's always been a fair Councilman
and I'm sure he will be just as fair as an attorney. We are happy to be here tonight, I'm
happy to be here representing Hubble Homes. I have been with Hubble Homes for
about six months now in charge of development and Officer Shine approached Don and
Don asked me to return his call and Officer Shine came in and gave me the full sales
pitch and I was very excited to say, yeah, I, actually, engineered the subdivision that the
police site's on four years ago for JUB Engineers and I know where the utilities are and,
you know, first things first, we need to get our arms around the scope of the project and
get with the architect and I even went out and solicited the help of -- I don't know if you
know Bob Ross of Falash and Ross, good guy I know from doing some tenant
improvements and he was happy to step up. His first indication was, hey, we are busy.
I said, you know, we are all busy, but we need to, you know, jump in here and help the
community and participate in this endeavor. The way I see this going is we would help
Meridian City Council
October 19, 2004
Page 7 of 35
get it to a point of knowing exactly what the costs are, if we were to go and buy this, you
know, retail, so to speak, and, then, identify all the line items that we possibly get either
donated wholly or partially or whatever the best we can do. Right now we are
committing all our time and project management to getting it to that stage and, then,
from there we will see how it evolves. Depending on how it goes, we could break
ground as early as next spring, but depending on how it goes it might be the following
'06 spring, so we will see, we are excited about it. The project that not only houses the
dogs, it provides a place that benefits their handlers, our brave officers who protect our
community, not only Meridian, but the whole Treasure Valley. The way I understand it,
it's a regional facility for all the K-9 officers and, then, even the -- you know, that would
be enough in itself, but there is, as I understand, an agility park that's going to be open
to the public adjacent to it, off leash. Pretty cool, I think, because I already have to --
you know, I walk my dogs in Bear Creek and have to keep them on a leash, as far as
you know. No.
De W eerd: Extra patrol.
Schultz: Yeah. Exactly.
Bird: At least you're being truthful.
Schultz: You know, it was dark -- no. No. It is exciting, an exciting project, we are
excited to be involved, even though we are all busy, we have to take time out to give
back to the community and give other vendors and contractors and people an
opportunity to contribute as well. I just -- you know, as much as I would love to be able
to write you a check if I had the money, we want to give other people a chance to
participate in this and we are excited about coming together. So, I would say maybe in
the next month or two we will check back in with you and give you a status update after
working with the parks department and Chief Musser and Officer Shine, an architect,
and all that, but it's just good to be back in front of you and we just ask your support to
move this forward.
De Weerd: Thank you, Matt. Do you have any questions, Council?
Bird: I have none for him.
De Weerd: Officer Shine, do you have anything to add?
Shine: I think that sums it up.
De Weerd: Well, I appreciate your initiation of this and you found the right person to
approach and to collaborate with. Those efforts are appreciated. Anything further,
Council?
Bird: Madam Mayor?
(
Meridian City Council
October 19, 2004
Page 8 of 35
De Weerd: Mr. Bird.
Bird: What is the process now? Are we going to get some kind of schematic of what
we are getting out there and get some prices and stuff and Chief Musser can keep us
informed and I'm sure that there is the Mayor and four Council people up here that
would -- if you need any help we would be glad to help and I think this is -- Matt, I
appreciate you guys -- Hubble Homes stepping forward on this and taking this on and
it's something that we definitely need. I'm glad it's going to be a regional one, not just
for our dogs. I think it's very very nice.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Just a comment. I think this is a great opportunity to let the City of Meridian
and all the cooperators shine in a public-private partnership the kinds of things that we
have been talking about for years and this is a perfect example of how the community --
not just the community government, but the community folks can come together and do
something really good for not just the City of Meridian, but for the region and I thank all
of you that are involved for a job well done and, hopefully, we can bring this to fruition.
De Weerd: Thank you. Do you have anything to add?
Wardle: Madam Mayor?
Donnell: Yes, Mr. Wardle.
Wardle: I certainly do. I think this is a great project and appreciate Matt and Hubble
Homes for stepping up to help the city and community and just a couple of items that
the chief mentioned. Certainly I would like to see this project go forward and bring back
some costs when we have better ideas, but you mentioned also waiving fees when
bringing it through Planning and Zoning and I think that's something that we have done
in the past and could do at this point, in my opinion. So, great project.
c. Mayor's Office
1. Appointment to Parks and Recreations Commission:
De Weerd: Thank you. If there is nothing further, we appreciate you coming tonight.
Okay. The next item is -- I had noted last week that one of the applicants for the City
Council position is interested in the parks and recreation commission. We had no other
letters of interest. I did talk with Matt Ellsworth about this, I forwarded his information to
the parks commission, they had a chance to review the letter and his attached resume,
and don't have any hesitation to offer their support of Matt Ellsworth for the new parks
commission seat. As well I have encouraged them to meet with him before the next
commission meeting, as well the Council liaison and I. But in front of you is my -- my
Meridian City Council
October 19, 2004
Page 9 of 35
name that I wish -- I would like to appoint to the parks and recreation commission, Matt
Ellsworth.
Wardle: Madam Mayor?
De Weerd: Yes, Mr. Wardle.
Wardle: I move that we accept the Mayor's nomination of Matt Ellsworth to the parks
and recreation commission.
Bird: Second.
De Weerd: It's been moved and seconded to approve the appointment of Matt
Ellsworth. Is there any discussion? Hearing none, Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
D. City Attorney - Bill Nary
1. Discussion of Hiring Additional Staff (Deputy City
Attorney and Paralegal):
De Weerd: Thank you so much. Our city attorney. Item D.
Nary: Madam Mayor, Members of the Council, just a couple of items. I handed out
before the meeting to you the job descriptions of the two positions I'd like to hire as
additional staff for the legal side of our department, a deputy city attorney and a
paralegal secretary. We have finalized the budgetary numbers, as was previously
discussed with all of you, that, essentially, the budget for the legal side of the
department is the budget we had already set aside for civil services in this budget year.
We need to finalize a couple of numbers in regards to the hiring, but we also have gone
through the salary survey process for both of these positions. I think we have slotted
these both appropriately for good candidates out there for both of these positions. We
did a survey with about four different cities, as well as Ada County, to get a -- and
Canyon county, to get a general view of both of these types of positions and, as I have
said, I think we have slotted them appropriately to be able to hire some good folks. All I
wanted tonight was to inform you both of that and also be sure with the Council and the
Mayor that you're comfortable with me recruiting for these positions. One of the things
that I think is very important is we need to get these people hired as quickly as I
reasonably can. I think there are some very good people here who have expressed
some interest to me and as long as the Council is comfortable with it, I'd like to,
essentially, recruit for these positions and hire them quickly and if there is a concern
about that or anything, I certainly want to be able to address that with you now. But if
r
Meridian City Council
October 19, 2004
Page 10 of 35
you're comfortable with that, I'd like to go forward with that. If there is any other things
that you think I need to do before that, please, let me know.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: This councilman believes that they have to work for you, Bill, and you go pick and
we -- you know, I don't know an attorney or a paralegal and would not want to, so I think
as far as I'm concerned you're definitely -- well, not like to, but I'd like -- I better -- I
better be like the Mayor, I better shut up right now before get my foot in farther. But,
anyway, you know, they work under you and they answer to you, I think that -- and
you're the one that's got to work with them, so I believe that you're the one that should
be hiring them, as I believe all directors should be the one hiring their people.
De Weerd: I don't think so. Mr. Nary, you don't a need motion, do you?
Nary: No. I just want to make sure that the Council was comfortable with that. I don't
think you to need to make a motion.
De Weerd: Okay. Mr. Wardle.
Wardle: Madam Mayor? Mr. Nary, just a quick question as to -- with our expanding city
and the amount of growth that we have had, how long do you think it will be before we
would need another staff position or have you even -- will catch you -- I guess make two
questions. Will this catch us up and be sufficient for right now and, then, how long,
potentially, would we need to hire another paralegal or--
Nary: Madam Mayor, Council-member Wardle, I think the -- I think the deputy attorney
and a paralegal will make us just fine for right now and at least in the immediate future,
within this budget year -- and I hate to look beyond that much further, but, realistically, I
think the way the legal work flows here and the way the -- the volume that we get, I think
we are fine. You know, part of the budget -- what I have set aside is for some outside --
out sourcing if necessary, so if the workload does get fairly high we will have some
ability to out source some projects to -- whether it's White Peterson or some others --
I'm looking to expand that circle a little bit to have other attorneys available to be able to
use their expertise in this community as well. Longer term, it depends on whether
things change. We currently are -- our prosecution services are handled by the City of
Boise. Right now, as far as I know, they will be continuing with that at least through this
budget year. If they decide not to continue that into the next budget year, we will need
to hire more staff. One thing I did commit to Chief Musser when I took this job was that
we wouldn't out source that function and service to a private firm again. We found over
the years that generally wasn't a very effective way of doing things and if we can't have
it done by the city of Boise for the cost that they can do it, we are probably best off
doing it ourselves and so at that juncture we would need to hire probably at least two
attorneys and probably at least one more support staff. But the amount of money that
Meridian City Council
October 19, 2004
Page 11 of 35
we spend on that function currently, we would be pretty close. It would certainly cover
the two attorneys, it would cover a lot of the expenses, it would probably not completely
cover the cost of a support staff person, so some of that we would have to be looking for
some new -- some new dollars for that. But right now we don't have to do that, but I
think we would be probably making that assessment and I will have that conversation
with the Boise city attorney probably within the next six months to see whether or not
they would be wanting to continue that.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I would endorse moving forward with this as quick as possible, Bill. My only
concern is have we cleaned out a closet to where we can house them?
De Weerd: We do have a closet. Thank you.
Nary: Yes, we do.
Rountree: Okay. And if not, I think this space -- the cubby that houses the three
councilmen probably could be made available.
Bird: That's where --
Rountree: Is that where it's going to go?
Nary: Madam Mayor, Council member Rountree, yeah, we have started moving the
material and things out of the large office that the Council had been using to the smaller
office in Berg's office and the clerk's office for the Council to use and I talked with Leslie
and I think we are going to be able to -- between Leslie's office and MUBS and some
other support staff in that office, we should be able to get two people here without really
pushing desks together, so I think we will be okay.
Rountree: It's about the max.
Nary: Yeah. I think we are about the max.
Bird: It is max.
De Weerd: We have been maximizing this space very well.
Rountree: Build a mezzanine, I suppose.
2. Budget Related Items I Report:
(
Meridian City Council
October 19, 2004
Page 12 of 35
De Weerd: Okay. If there is no further questions, we will go to your next item.
Nary: Thank you, Madam Mayor, Members of the Council, the next item is -- and I think
the Mayor may have more information on this, but I wanted to bring to your attention,
because the finance folks do want to move forward on this. In our current policy
handbook there is a provision that discusses having cost-of-living increased to --
across-the-board increases per year. We had in the budget process set aside
approximately three percent for employee raises in this budget year. That doesn't
include the normal police step program, that's already funded in a different manner, that
doesn't include the firefighter union percentage increase, as that's already funded
separately. So, this is just for general employees. We put aside approximately three
percent towards that. In our handbook it discusses a COLA or a cost of living raise at
the RPI rate index -- or the RPI rate for the western United States. That amount is 1.5
percent. So, my recommendation is is that pursuant to our policy that we have an
across-the-board increase of 1.5 percent for all employees in the upcoming year. The
finance department wants to get that approved, if the Council is okay with that, to
approve that, so that we can make sure that's in the October paychecks and they have
to get those processed. They don't want to have to have a retro paycheck to have to do
that, it's just a lot more time consuming. There still will be some money left. We did
meet with our benefits consultants and we are going to have a meeting with our benefits
committee this week. We did have an increase from Blue Cross for the cost of our
benefits. I don't have final numbers on that today to give you. I'm hoping that we
should have that next Tuesday, so that you will have a better sense on the remaining
dollars that are left and whether some of that needs to be dedicated towards the cost of
the increased amount of medical benefits. We budgeted that and I believe -- and, I'm
sorry, I didn't bring it with me. I think we a budgeted 25 percent increase and so we
probably should be covered enough with what we already budgeted towards that with
what Marsh -- our benefits consultant was able to negotiate with Blue Cross and some
of our other providers as well. So, we should be okay. So, there should be some
money left towards merit increases as well. The Mayor and the department directors,
prior to me coming on, had been discussing a way of rewarding employees for
meritorious work over the last year and there should be some money left, I just don't
know the exact numbers today as how much that will be, but there should be some
available money towards merit increases as well for folks. So, tonight is really your
approval of the 1.5 percent across the board for employees. I would also include in that
recommendation, though, that the Council consider that employees that are either on
suspension -- and I don't believe there are any, at least in my discussions today I don't
believe there are any. If there is any employee on suspension, if there are any
employees that are on a personal improvement development plan, so they are already
working with their supervisors in their department to improve their performance and,
then, the third group of employees, employees that are in their initial six months
introductory period of employment, that all of -- that those three categories of
employees not receive the increase until they have completed their six month and
completed their personal improvement plan. I guess from the HR side of me, I think it's
a disincentive to people or sends the wrong message, I guess, when people are in an
improvement phase to, then, also give them a raise at the same time. I think that's a
(
(
Meridian City Council
October 19, 2004
Page 13 of 35
good incentive to complete that process and, then, get that raise at the end of that. I
think those are the only three categories we had discussed as to holding back on any
across-the-board increase at this time.
De Weerd: So, Council, we will come back next week with any additional cost to the
benefits and that would include our consultant's fee.
Nary: Right.
De Weerd: And I do want to tell you that when they first came back with the bid from
Blue Cross, the increase was 33 percent.
Nary: Thirty-four.
De Weerd: Thirty-four percent. They negotiated it down to around --
Nary: Right around 22.
De Weerd: Twenty-two percent. So, you know, they certainly have been worth their
contract already and we appreciate having that third party to look out for our best
interest. We will have a director's meeting Tuesday and we wfll be able to discuss the
meritorious portion of this and bring forward a recommendation. You do have in front of
you a spreadsheet with some different scenarios. We are trying to move to the pay for
performance type of process and so -- and we haven't fully gotten there, so this will be
kind of an interim year that this will first be our COLA increases, the cost of living, and,
then, we will figure something out for the pay for performance for those that really excel.
If you have any ideas between now and then, certainly we'd like to hear them for
discussion at the directors meeting. Mr. Wardle.
Wardle: Madam Mayor, just a question. And you mentioned pay for performance and
currently we have set in the employee manual in the handbook that this is a guaranteed
raise to base at each year; is that correct, Mr. Nary?
Nary: Madam Mayor, Members of the Council, Councilman Wardle, yeah, that's the
current -- the current wording in the policy handbook indicates that there will be an
increase to each employee each year, so --
Wardle: So, can I, then, assume if we are looking to go to more of a performance
based, that we will be changing that language sometime in the next year?
Nary: My recommendation is that whether we have a pay for performance or no matter
what system of pay and compensation we have, that we not any mandatory
requirements of increases to wages. There is no guarantee in any year that there is
budgetary money to pay that, so, I'm going to recommend that we change that
regardless, so --
Meridian City Council
October 19, 2004
Page 14 of 35
Wardle: Thank you.
De Weerd: Thank you, Mr. Nary. Are there any further questions? And certainly if you
have suggestions, please, get it to Mr. Nary or myself.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Now, when do they need -- will next Tuesday be okay for the payroll?
De Weerd: Right now we will be giving the COLA in with the checks and anything over
and above that will be determined next week and that would be included, then, in the
November --
Bird: In the November --
De Weerd: -- for those that achieve their evaluations this month, because that's based
on the anniversary date.
Nary: Mr. Bird, Members of the Council, they just wanted to -- if the 1.5 percent was
satisfactory to the Council, the finance department would like your approval for that, so
we can process it -- they can process it in October and not do a retroactive check. That
does take a lot more staff time to do that. So, yeah, the merit payor the merit increase
can certainly be on the November check and that's not a concern.
Rountree: That's stated policy now and a concern is that we need to revisit that policy.
Bird: We do.
De Weerd: Yes, we do. Okay. If there isn't anything further? Okay. Oh, yes, we do
need a motion.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I move that we go ahead with the COLA pay raise, one and half percent on the
October payroll for the employees, all employees of the City of Meridian, excluding the
three suspension -- what was the other one?
Nary: The personal development plan and the introductory period of employment.
Bird: Personal development and the introductory -- the six month introductory period.
And we will revisit the policy. That don't have to be in this motion.
Meridian City Council
October 19, 2004
Page 15 of 35
Wardle: Second.
De Weerd: Okay. It's been moved and seconded to approve the cost of living increase
of 1.5 percent.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Could I just ask one clarifying question from the Council. On the two categories
of employees that would be affected, the introductory employment and the ones that are
on the personal improvement plan program, does the Council want them to get the six
month -- or the 1.5 percent retroactive to October 1 st when they complete it or do you
want them to get it going forward at the end of that?
Bird: This motioner -- or the guy that made the motion would like to see them get it
retroactive.
De Weerd: Does the second agree?
Wardle: Point of clarification just real quickly. Mr. Nary, does that mean that if they are
an employee and they were hired last month, that after they completed the six month
term that they would, then, gain six months worth of the additional increase? Is that
what retroactive means?
Nary: Five months. It would be - Council-member Wardle, it would be -- it would be
back to October 1 st. For example, the HR analyst in my department started in June,
she's currently still within her six months, so she wouldn't be eligible for the increase.
Her six months ends on December 1 st when she completes that, then, her pay would
be adjusted. She'd receive that increase for the two months from October to December
and, then, it would be -- going forward it would be the same. You know, she'd have the
1.5 just like everyone else.
Wardle: And the other option was to -- after that six month term is completed -- for
example, is completed, then, from that point forward she would --
Nary: Correct.
Wardle: -- she would receive it?
Nary: Yes.
Wardle: Okay.
Nary: And, then, you certainly are free to do it either way.
Meridian City Council
October 19, 2004
Page 16 of 35
Wardle: Right. And second doesn't agree with retroactive.
De Weerd: Okay. Motion dies for lack of second, unless Charlie has a second. No.
Okay. Do we have another motion? Mr. Wardle.
Wardle: Madam Mayor, I move that we accept the 1.5 percentage COLA increase,
excluding the three groups that have been discussed and, then, after those durations
are completed, they receive the 1.5 percent increase going forward within this budget
year.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded as stated. Is there any discussion?
Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you. Thank you, Council.
Bird: Madam Mayor, before we move on, I want to -- Mr. Berg, I would like to get the
tapes of our workshops on the budgets regarding payroll, because I don't believe this
was what was discussed. But I need to clear -- my memory isn't what it was ten years
ago.
De Weerd: You want to know what this was ten years ago?
Bird: No. No. I said my memory isn't what it was ten years ago.
Rountree: Oh. He can't find his memory from ten years ago.
Item 7:
(Items Moved from Consent Agenda):
De Weerd: Okay. Thank you. There were no items moved from the Consent Agenda.
De Weerd: So, we will move Item 8. This does bring us into our Public Hearing portion
of our agenda. Items 8 through 12 are all public hearings and by ordinance we are
required to swear each person who wishes to provide testimony in and so I would like to
do it all in one great group exercise. So, those who desire to testify, if you will, please,
raise your right hand. Do you swear the testimony you provide tonight be the truth, so
help you God? If so, answer I do.
(Affirmative answers.)
Meridian City Council
October 19, 2004
Page 17 of 35
Item 8:
Public Hearing: AZ 04-024 Request for Annexation and Zoning of 47.66
acres from RUT to R-4 zone for proposed Silverleaf Subdivision by
Centennial Development, LLC - 2683 West Chinden Boulevard:
Item 9:
Public Hearing: PP 04-031 Request for Preliminary Plat approval for 143
single-family residential building lots and 19 common lots on 47.66 acres
in a proposed R-4 zone for proposed Silverleaf Subdivision by
Centennial Development, LLC - 2683 West Chinden Boulevard:
Item 10:
Public Hearing: CUP 04-033 Request for a Conditional Use Permit for a
Planned Development consisting of a school lot and single-family
residential lots with reductions to the minimum requirements for lot size
and street frontage for proposed Silverleaf Subdivision by Centennial
Development, LLC - 2683 West Chinden Boulevard:
De Weerd: Thank you. Okay. I will open the public hearings on Items 8, 9 and 10 for
AZ 04-024, PP 04-031, and CUP 04-033 with staff comments.
Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. This Item No.8 is
the annexation and zoning request. This property was, actually -- a portion of this
property -- and I think with the exception of the bottom here, was before the city in 2002
for an annexation plat application. Due to some serviceability issues, as well as road
access issues, the application was withdrawn. But for those of you that may recall that,
it is the same property, with the exception of the acreage over here that has frontage on
Ten Mile was added. They are proposing an R-4 zone, which is similar to Lochsa Falls.
Lochsa Falls Subdivision is to the east and the south. The future community park is
located here on the south side of the project. Verona Subdivision is further south than
that. Ten Mile Road is on the west. Chinden Boulevard on the north. The property is
designated sort of split low density residential on the northern quarter or half or so and,
then, medium density residential. That's for the Comprehensive Plan designations.
Aerial photo kind of shows where Lochsa Falls has final platted their lots to date. Here
is the plat that was submitted with the application. There are 143 single-family
residential building lots and 19 other lots. They are proposing three phases. They
would begin on Ten Mile Road. Single point of access off of Ten Mile. At this point their
proposal would, then, be to use Lochsa Falls internal local road systems to extend
further to the east. Phase two is this over here and, then, phase three, I believe, is on
the north. So, that's kind of the order that they are looking at. The property does
include a school site, about 10.2 acres that's located here in the northeast corner. The
planned development does propose two exceptions from the code. One of those is for
the minimum lot size to be dropped to 5,000 square feet and there are about 85 lots that
are affected by that change. The second change they are asking for as part of the
planned development is the lot frontage and that's proposed to go to 50 feet and there
are about 89 lots affected with that change. They are proposing a tot lot area with
playground equipment in the larger common open space area here. They are also
proposing a gathering area with a picnic table and barbecue equipment. And, then, sort
of a pathway system that connects the open spaces. They do have -- they did commit
Meridian City Council
October 19, 2004
Page 18 of 35
before the Planning and Zoning Commission to ten percent open space within the
project, which is just a little bit more than what they have shown on this plan. We did
receive comments from the Idaho Transportation Department that stated that they were
in general support. Planning and Zoning Commission discussed a temporary vehicular
access onto the Highway 20-26. The way that the condition words now, that temporary
access would go away as soon as they have a secondary permanent access off of
Chinden. I'll let the applicant kind of address that a little bit more. My understanding is
that they -- they may not need that temporary access, but that was discussed and
included in the Commission's conditions. The planned development did also include
some sample elevations of the detached housing product. These are a little bit unique.
As you know, normally, the city doesn't have these -- during planned developments we
do like to see, since it's -- if they get approved as a planned development, we like to see
at least some basic consistency of style and so they have included those in their
application. The Planning and Zoning Commission -- there was no opposition from the
public that testified. They had basically just one change to the staff conditions that were
recommended and that was on Chinden Boulevard, the sidewalk got some discussion
as to whether or not that sidewalk should or should not be included in the 35-foot
landscape buffer along Chinden. What the Commission recommended was that rather
than adding the five feet of landscaping -- or that that would -- that the sidewalk would
be included within the 35. Basically, the point is to match up with what Lochsa Falls is
going to be doing to the east, which they have not submitted final plat for that on
Chinden, Lochsa Falls. When they do, that more detail will come into us, Obviously, we
will -- the Planning and Zoning Department will tract the coordination between those two
and insure a consistent look along the Chinden Boulevard frontage there. I think those
are the main issues that the P&Z Commission talked about. They did recommend
approval. There were two ayes and two absent at their meeting. Really, no outstanding
issues for the Council to discuss. The staff report did briefly mention in terms of sewage
that they are proposing to temporarily run the sewer out to Ten Mile and discharge at
that point and this is my understanding to be designed as part of the Black Cat Trunk,
but Public Works staff did talk with the applicant quite a bit about this and agreed that
temporarily running it out to Ten Mile would work, so -- any questions?
De Weerd: Brad, what is the school there to the east? What kind of school?
Hawkins-Clark: Elementary.
De Weerd: Elementary. And what is on the other side of that elementary school lot? I
guess I'm always concerned, because the school district was to tuck those schools
surrounded by houses and I see there is potential of open view in on that one street as
shown. But do you have any idea what the other side of that looks like?
Hawkins-Clark: The preliminary plat for Lochsa Falls has that as their -- as their primary
residential collector coming into the section. You know, ITD has restricted access on
Chinden to just one at the half mile and so that would be adjacent to that. I did just
receive from Mr. Amar here a copy of that preliminary plat. I can just put it up on the
overhead real quick. So, the school property is located here on the left-hand part of the
Meridian City Council
October 19, 2004
Page 19 of 35
screen. Chinden here up at the north. And they have this -- with this island with this
split median here coming in. So, there, actually, is no front-on housing. There is some
landscaping open space along this west side.
De Weerd: Well, that's great. Thank you.
Bird: Madam Mayor, could I ask--
De Weerd: Mr. Bird.
Bird: Brad, would you repeat for me on the lot sizes on those 83 that are under R-4?
missed -- I didn't get --
Hawkins-Clark: Yes, sir. Well, there are -- what they are proposing is to go down to
have a 5,000 square foot minimum lot size. I have to get them to state how many are
actually at the 5,000. Not very many. The number that I gave was I think 89 of the 143
lots are actually below the 8,000, but it doesn't mean that they are all at the 5,000. So,
there is kind of a range in there.
Bird: Follow up, Mayor?
De Weerd: Uh-huh.
Bird: Why would we -- if you have got that many lots below the 8,000 or the R-4
designation, why would we want to give an R-4 zoning?
Hawkins-Clark: Madam Mayor, Councilman Bird, the overall gross density of the project
is -- without the school is 3.7 or 3.8, I believe. So, the density is, actually, still meeting
the R-4. So, staff felt that because the overall number of dwelling units is still less than
four, that in order to give a greater diversity in lot sizes and not just have all 8,000 to
10,000 square foot lots, have a little bit more a mix that -- since the density was still met,
that we supported it.
Bird: Okay. Thank you.
De Weerd: So, the percentage above what's the average square footage on those lots?
Hawkins-Clark: I do not have that, Madam Mayor, right in front of me right now. I can
look for that while they--
De Weerd: I'm sure the applicant can answer. Okay. Any further questions for staff?
Bird: I have none.
De Weerd: Okay. Is the applicant here?
Meridian City Council
October 19, 2004
Page 20 of 35
Amar: Good evening, Madam Mayor, Council Members, my name is Kevin Amar, I'm
representing Silverleaf Subdivision. Address 114 East Idaho, Suite 230,1 here in
Meridian. I will address some of the questions and briefly do a presentation, although
staff did a good representation of what we are requesting this evening. It is for 143
residential lots on 46 -- almost 47 acres. It includes also one school lot. We have
worked with Wendell Bigham quite extensively to provide a location for the school here.
As you know, this section of town is rapidly filling up with residential housing, what with
Lochsa and also Bridgetower in this area and they had not yet secured a school site
and so they are excited to have a school site in this location and we are happy to
provide them one as well. The subdivision ranges from about 5,000 square foot -- lot
size 5,000 square feet up to 15,000 square feet, excluding the existing house. The
existing house sits on approximately an acre. There is one existing house in the center
at this location. So, there are, actually, 142 new residential lots. In the 5,000 square
feet range there are about 40 lots. The request for less than the R-4 zone is simply
anything below the 8,000 square foot range. So, although we are asking for -- I believe
the number was 83 lots below the R-4 zone, all of those are certainly not within the --
the 5,000 square foot range. In fact, the area we did put some of the smaller lots was
around -- concentrated around this park area, also on the collector, and, then, some in
center, but we also tried to incorporate pathways in this area. As you can see, there is
a big park area here and here. Through this also will be a pathway that will allow
people to get and gain access down to -- I don't even know the name of the park yet,
but the future city park at this location. If you look in this area, these lots are probably
more in the range of eight to nine thousand square feet. Although the frontage is less
than R-4 zoning, the lots are deeper and larger lots. The overall lot size within this
project is around 7,500 square feet. The question came up why did we request the R-4
zoning. We are below the -- in fact, the total density on this project is three units to the
acre on a gross density and net density is 3.8 units to the acre. So, we are below the R-
4 zoning. The other thing we looked at was the surrounding area and as you look at
Lochsa all around us and I believe also Bridgetower, that was also requested to be an
R-4 zoning. So, we were trying to be consistent with the other zoning that was
previously approved within that same section and that was some of the reasoning that
we did request the R-4 zoning. The lots and the density within this project and within
Lochsa are extremely similar. The density within Lochsa is, I believe, 3.76 units to the
acre. We are 3.8 units to the acre on a net density calculation. So, we are looking at
that. Some of the items that we did discuss at Planning and Zoning -- and we were
recommended for approval at that time. Our open space calculation, we need about
18,000 square feet to come up with ten percent open space. We are going to increase
the open space to ten percent open space, more in the park area, things of that nature.
Also, it was requested the buffer area along Chinden. That is an area that we are
happy to provide a buffer, we just want to provide the same situation that Lochsa did.
It's our understanding at this time that they provided 35 feet with a sidewalk within that
35 feet. They have not final platted that yet, so I guess it hasn't been established
exactly what they are providing and we couldn't find any specifics stating one way or the
other. We are talking to Kent Brown with Briggs Engineering as the engineer on it and
he will inform us what they are doing and we will match it. We are just trying to be
consistent with them. Also, we are requesting the use of a temporary access and do
Meridian City Council
October 19, 2004
Page 21 of 35
have approval from ITD to do so. The reason for that temporary access is simply to
allow us to continue should Lochsa slow down. At this time, in speaking with Justin
Martin, the representative for Lochsa, they are currently developing this area down
here. So, we will have connection at this point and this point. They hope to have it
paved by the end of the year, although certainly by next spring. They are currently
installing the sewer, the water, things of that nature. Their next phase includes this
collector street that runs along our eastern boundary, which will provide our access out
to Chinden. That phase they indicated will start construction this winter. There is some
gravity irrigation that needs to be constructed prior to that phase and they will start that
this winter also. So, although we are requesting a temporary access, it's simply a
fallback measure in case Lochsa does not proceed. We do not anticipate using that at
this time. As Brad stated, we will have phase one in this area, which can currently be
developed, taking access off of Ten Mile. Phase two in this area, which will probably
also incorporate the school site. And, then, phase three will be the remainder portion of
this. With that, I believe those were the questions that came up. We are excited about
this project and stand for any questions at this time.
De Weerd: Okay. Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Kevin, you told us you had 45 5,000 lots. How many above 8,000 lots have you
got? Eight thousand or above?
Amar: I'll have to count those. There is 35 in the lower section. Do you want me to
count --
Bird: Mr. Nickle back there can tell you.
Amar: Fifty.
Bird: How much?
Amar: Fifty.
Bird: Fifty of them 8,000 and bigger?
Amar: Above 8,000. I think if you do the calculation, our average lot size is right around
7,500 square feet.
Bird: That's what I kind of guessed. Between six and seven. Okay. That's all I had,
Mayor.
Rountree: Madam Mayor?
Meridian City Council
October 19, 2004
Page 22 of 35
De Weerd: Mr. Rountree.
Rountree: What do you propose to do to mitigate the noise from Chinden Boulevard?
Amar: Along Chinden Boulevard, obviously, will be a berm and there have been -- this
will have to be an increased berm size, meaning -- I don't know if you have seen
Lochsa, but they actually pushed the top of the berm right to the edge of the property
line, so there is a slope in backyards.
We would do the same thing in this location, simply to get that berm up taller and, then,
on top of that berm there will be a fence also, along with landscaping and things of that
nature. It's a fairly effective measure. A lot of -- if you look at Bristol Heights and
Hobble Creek down into the Boise area, they did something similar. I actually have
friends that live in one of those lots and you can hear -- you can hear the traffic, but it is
not insurmountable. You can still have a conversation in the backyard and it seems to
be a very effective way of doing that.
Rountree: Can you give me an estimate of the height?
Amar: Thirty-five feet. If you go four to one, you're looking five to six feet. I think. Did I
do that calculation right? Plus the fence on top.
Rountree: I would venture a guess that that's not going to do much for noise. The
access off of Ten Mile, I'm really concerned about that becoming yet another
enforcement issue. You have got almost a half mile pretty much straight shot. That's
going to feed the center of that section and it comes straight out to Ten Mile. I don't see
anything on that proposed corridor to buffer traffic speeds, reduce speeds, make it non-
conducive to scooting through there at 40 miles an hour.
Amar: At this location we do have the center median and ACHD has also required that
we put another one at this location and, then, one at the entrance also, so within this
quarter mile stretch there will actually be three of those traffic-calming devices.
De Weerd: Anything further?
Rountree: That's alii have got right now.
De Weerd: Council, any further questions?
Bird: I have none, Mayor.
De Weerd: Okay. Thank you.
Amar: Thank you.
Wardle: Madam Mayor, I'm sorry.
Meridian City Council
October 19, 2004
Page 23 of 35
De Weerd: Mr. Wardle.
Wardle: One question and just from the park side of things. Are you working with the
parks department to talk about the fencing on the southern end of the property, which
will abut the park there?
Bird: We have not met with the parks department on that issue, no.
Wardle: Okay.
De Weerd: Our director is here tonight.
Amar: I can go have a meeting real quick.
De Weerd: You can at least set one up.
Amar: Okay.
De Weerd: Thank you.
Amar: Thank you.
De Weerd: Okay. I have a couple of people who signed up to testify or to at least
indicate their support of or support against. I have a Jerry Stevenson. Is for? Okay.
And Tim Ruhl is against. Would you like to provide testimony? Okay. Renee Ruhl
against. They must have --
Rountree: Signed the wrong sheet.
De Weerd: Or signed the wrong sheet.
Amar: We did hold a neighborhood meeting. The only neighbor that showed was Mike
Meyers. He's the neighbor directly to the west. And he is not here, but he didn't
indicate any opposition to the project.
De Weerd: Okay. Thank you. Is there anyone else who would like to offer testimony
on this application? Okay. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we close the public hearings on AZ 04-024, PP 04-031, and
CUP 04-033.
Meridian City Council
October 19, 2004
Page 24 of 35
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Items
8, 9 and 10. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay. Discussion or are there any further questions or information we
need?
Bird: I have none, Mayor.
De Weerd: Should have done it when I -- okay. If not, I will entertain a motion.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No.8, AZ 04-024, annexation and zoning for
Silverleaf Subdivision.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve Item No.8. Is there any
further discussion?
Rountree: Madam Mayor, I have a couple comments.
De Weerd: Mr. Rountree.
Rountree: My concerns for the access off of Ten Mile still remain. I don't see that there
has been sufficient traffic calming for that length of road and the volume of homes that it
will eventually serve I'm also concerned about the impact of noise on the homes on the
north and the impact on the future roadway users that end up having to pay a million
dollars a mile to buffer sound, because development comes in there and doesn't do
anything for the sound that's already there. For that reason -- and my previously stated
concerns about using planned unit developments to oftentimes get around some of the
things that we are trying to accomplish with certain zoning classifications, I'm going to
have to vote in the negative on this particular application.
De Weerd: Okay. Any further discussion? Okay. Mr. Berg.
Roll-Call: Bird, yea; Rountree, nay; Wardle, yea; Donnell, absent.
MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT.
Meridian City Council
October 19, 2004
Page 25 of 35
De Weerd: Item No.9.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No.9, PP 04-031, Preliminary plat for Silverleaf
Subdivision.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Before I second this, I got a question for Mr. Nary. Is this where we should put the
Chinden calming deal up there? I kind of agree with Mr. Rountree on that, that -- it
would be in the preliminary plat, wouldn't it? It wouldn't have been in the zoning --
annexation and zoning? That berm.
Nary: Madam Mayor, Members of the Council -- oh, on the berm? Yes. On the
preliminary plat. I will second, then, we can have discussion.
De Weerd: Okay. The motion is to approve Item NO.9. It's been seconded. Any
discussion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I have got real concern about calming. I don't know if eight foot fence with a fence
on top of it -- how much calming that's going to do up at that area, because I can only
see Chinden getting noisier every year. I would like to see -- I can't -- I see the berms
and stuff along Eagle Road that's on the residential and I got to believe that they are
taller than eight foot.
Rountree: Probably approximating ten.
Bird : Ten, Charlie? That's -- to me, I -- if the motion maker would amend that, I would
like to see a minimum of a 12 foot berm, plus fence that.
Wardle: Just for discussion purposes, I'm certainly -- I understand the concerns and
willing to amend the motion. I'm not sure if 12 is an arbitrary number -- Mr. Rountree,
do you have any insight as to whether that would accomplish the goals that we are
looking for?
De Weerd: Mr. Rountree.
Meridian City Council
October 19, 2004
Page 26 of 35
Rountree: Madam Mayor, typically what you have to do to buffer sound on a highway of
that nature with not only the residential and the commuter traffic, with the percent of
commercial vehicles, you would have to have a berm or wall that would be higher than
the smoke stack on an 18 wheel vehicle. So, it can run somewhere between ten and 12
feet. It's a sizable -- it's a sizable activity when you're dealing with trying to reduce noise
levels adjacent to a residence.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Mr. Rountree, is the fence on top of that any help at all in muffling some sound?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: If it's a non-penetrable type of fence with some density, a block wall, there
are some products on the market that use some pre-formed concrete slabs and those
kinds of things, but it has to be an impermeable, dense, type of fence, so a white vinyl
fence on top of it, no impact. A cedar fence probably no impact in terms of noise-wise.
Bird: And a berm 12 foot would be?
De Weerd: I guess my question to Mr. Hawkins-Clark is can you get a 12-foot berm on
a 35-foot buffer?
Hawkins-Clark: No.
De Weerd: And put a sidewalk on there that people could walk on?
Hawkins-Clark: The city of Eagle, I believe, Madam Mayor, has a 70-foot wide width
requirement on their state highways for -- to accommodate -- that may be a little
excessive, but, you know, I think in order to really -- that's assuming that you're going to
put a ground cover on it that needs to be mowed. You know, you can't go steeper than
a three-to-one slope and still get a mower to work on it, so you do probably need about
65-foot minimum. So, they would lose five building lots.
De Weerd: Council, since we have approved the annexation and zoning, we may want
to consider reopening the Public Hearing on the preliminary plat and ask the applicant
to maybe go back and be able to respond to concerns about offering mitigation to the
traffic noise and bring some ideas back to Council at the next meeting. Just for your
consideration.
Wardle: So moved.
Meridian City Council
October 19, 2004
Page 27 of 35
Bird: Well, no, we have got a -- I pull my second. You got to pull your motion, because
we had a motion and second.
Wardle: I remove my motion, Madam Mayor, and make a motion that we reopen the
Public Hearing on Item No, 9, PP 04-031, for clarification specifically on noise mitigation
from Chinden.
De Weerd: Okay. Do I have a second?
Bird: Oh, I will second that.
De Weerd: Okay. It's been moved and seconded to reopen the Public Hearing on Item
NO.9. All those in favor say aye. Okay. Those opposed?
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay. We have reopened the Public Hearing. Would the applicant like to
provide some -- a response?
Amar: Sure. Madam Mayor, Council Members, for the record, my name is Kevin Amar.
With respect to the noise buffering, there were a couple of items that were brought up,
one being the city of Eagle and the 70-foot width. They, actually, allow a portion that -- I
believe up to 30 feet, to be within the backyards, so the berm -- similar to what they did
in Lochsa, actually, is built up to the property line and, then, some of that slope goes
into the backyards. There is also -- and my engineer is here to address this, probably
better, a process that ITD goes through that basically deed restricts the lots, that they
cannot protest in the future to the noise, that the noise abatement will be done during
the development, similar to what is done around airports and things of that nature, that
people are made aware beforehand that they are living next a highway or in an airport
situation next to an airport. Those are items that we can do and, certainly, will do on
this project. One question with respect to this, it sounds like Council-member Rountree
suggested 10 to 12 feet or maybe that was Council-member Bird. My question, I guess,
is -- and it was referenced on Chinden, some of those berms are 10 to 12 feet tall. Is
that simply a berm or is it a berm in combination with an impermeable wall as
Council member Rountree suggested? I guess that's some direction that I was looking
for from this Council.
De Weerd: Mr. Rountree, do you have any comment?
Rountree: From that point any combination that reaches that height is probably
acceptable, as long as it has the barrier effect for sound. So, whether the fence is four
feet or ten feet or whatever combination with the berm, it will have to be a dense
material or an acoustical material to reduce the noise level.
Amar: And I believe the height that we were looking for was ten feet? Is that the
number that we --
Meridian City Council
October 19, 2004
Page 28 of 35
Rountree: That's kind of a rule of thumb. I think that would have to be engineered
based on height of the center-line of the road and the elevation of the adjacent property.
If the property is depressed, then, you know, it will go up and down with that level.
Amar: But that's in reference to where the center-line of the road is, really, what we are
looking at.
Rountree: Where the noise would be coming from and is coming from.
Amar: Sure. I think we can meet those requirements. Again, the Idaho Transportation
Department has addressed this also with those deed restrictions that they request on
the property. So, understanding that we don't want the taxpayers to pay for that burden,
neither does ITD, so that is something we will also reference and put a deed restriction
on those lots that are adjacent to Highway 20-26 or Chinden, that they will be notified
prior to moving there that this is an area of concern.
De Weerd: Well, we can certainly do both. Now, are you okay with coming back next
week with a plan or do you have one or--
Amar: I guess what I would request is that we do a minimum of ten feet, whether that
combination be berm only, berm and block wall -- I don't believe we can do anything
higher than six feet in the fencing, as I would -- so, it would be a four foot berm with no
more than a six foot wall or some combination of that to provide the ten feet of
mitigation. And I guess I would request that as a condition of approval, rather than --
Bird: Continue. Madam Mayor?
De Weerd: Okay. Mr. Bird.
Bird: Kevin -- and it's like Councilman Rountree said, that it's going to depend on the
center elevation of the road and where you are. So, maybe it would be 12 feet there,
which would be a six and six. Would you have any -- we could state in our deal a
minimum of ten, with --
De Weerd: Above centerline?
Bird: Above centerline, a minimum of ten above center line and they could use
whatever combination they wanted, a berm and the deal. Would you feel comfortable
with that? I mean if they wanted to go six berm, four block --
Rountree: On that issue I think if it's engineered appropriately, whether it's stated a
minimum of ten and based on engineering it could be nine or based on engineering it
may be 14 -- I mean, again, it could vary through that length what it might be. So, I
think we have an opportunity here to at least establish a precedent on what's going to
happen adjacent to this principal arterial. So, it ought to be done right now, instead of
Meridian City Council
October 19, 2004
Page 29 of 35
having to come back in and retrofit it to the dismay of the homeowners and anybody
else that might have to pay for it in the future.
De Weerd: Thank you.
Bird. I feel comfortable with that.
De Weerd: It looks like we have an engineer who would like to comment.
Bailey: Yes, Ma'am. Madam Mayor, for the record I'm David Bailey with Bailey
Engineering. My office address is 1500 East Iron Eagle Drive in Eagle. I have --
actually, did one of these berms on the Eagle bypass up there not too long ago and
what I would suggest on this, as one -- I probably mis-explained to Kevin what the ITD
requirements are and what they are is it's a guideline for the Planning and Zoning that's
given by ITD to your Planning and Zoning Commission that says, you know, here is
what we recommend that you help us do the noise mitigation, so that the traveling
public and the taxpaying public doesn't end up buying these screen walls some day in
the future, because the people complained and so I think that's the purpose of this. I
don't think that -- and I don't know this in detail and I will study this to understand what
we are talking about, but ITD is saying that noise mitigation is the responsibility of the
developer, okay, and that the city certainly needs to hold us to that, so I think this
discussion is appropriate. But it would seem to me that it would make sense that we will
provide an engineering analysis of the noise abatement that we are providing on this
and if that requires a nine or a ten or a 14-foot structure or berm or a combination of
those two along that area, we should probably provide the engineering analysis as to
how we came up with what we are placing out there. I will go back and review the city
of Eagle's guidelines on that and I'm not saying we want to be Eagle or I want to follow
all their rules, for that matter, to tell you the truth, but they do have some good guidance
in there and some ways to measure those calculations and I have some engineering
resources to go actually do the engineering analysis that will present it with the final plat
to your staff and they review that with the final plat conditions, so before we build
anything you see our analysis on that and see that we have done our homework on that
end of it and I think that should, hopefully, suffice.
De Weerd: Council, questions?
Bird: I feel comfortable with that.
Rountree: Yeah.
De Weerd: Thank you.
Bird: Do you, Shaun?
Wardle: Yes, I do. Madam Mayor?
Meridian City Council
October 19, 2004
Page 30 of 35
De Weerd: Mr. Wardle.
Wardle: While I have got Kevin on the record, will you now potentially be working with
the parks department to talk about fencing types on the southern boundary of that? And
is that something that -- since we don't have a recommendation from the parks
department on the fencing types, we -- I don't necessarily know that we need to make it
a condition --
Amar: Again, to make it easy, maybe we just do the same as was required with Lochsa.
They have probably addressed this with -- with the parks department also. They were
involved heavily with the parks during Lochsa. So, we can address that the same that
Lochsa addressed the fencing requirements.
Wardle: Thank you.
De Weerd: Is that sufficient, Doug, to your end? Thank you. Thanks, Kevin.
Amar: Thanks.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I'd move we close PP 04-031.
Wardle: Second.
De Weerd: Okay. It's been moved to close the Public Hearing on Item 9. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay. Do we have enough information now for a motion?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Just a -- for Mr. Nary, I think we all agree on the concept. How do we word
that within a motion to reflect the engineering study for mitigation? How do we make
that a condition?
Nary: Madam Mayor, Council members, Council member Wardle, I think in your motion
all you're simply going to have to do is reference that document that you're talking about
that Mr. Bailey was referencing in his discussion. Reference that document and I don't
know that the planning staff has a copy of that -- okay. They have a copy of that. So, in
Meridian City Council
October 19, 2004
Page 31 of 35
the findings they can include the language in there, as well as the mitigation concerns
that have been expressed regarding how high -- the high and the type of buffering that
needs to be along that corridor. But I think if you just reference that, that will be
sufficient.
De Weerd: Mr. Wardle, I guess there is just one other thing. They have mentioned that
ACHD has also required to put in an additional island that is not shown on the plat and I
don't know if it's shown on the plat that we have, but just to make note that it does need
to be one that would be efficient in slowing traffic at that point.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Just for an assistance to the staff, Councilmember Wardle, if he's going to make
the motion, may want to reference whatever the plat -- the latest date they would have
that other island on it, since it was -- they just said it was already required or if they
haven't submitted it, then, it's going to have to be that that the Council is going to
approve.
De Weerd: Brad, on the most current plat we have, is that additional island shown?
Hawkins-Clark: Oh, it is an ACHD condition, required to be submitted at the time of final
plat.
Nary: Okay.
De Weerd: Okay.
Hawkins-Clark: According to the applicant.
De Weerd: Thank you.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: With that I move that we approve PP 04-031, preliminary plat for Silverleaf
Subdivision and to include specifically ACHD's requirement for an additional traffic
calming device on the road from Ten Mile and to also include document Planning and
Zoning Recommendations Noise Evaluation-Mitigation from the Idaho Transportation
Department and to include that as a requirement for final plat.
Bird: On Chinden Boulevard?
Wardle: On Chinden Boulevard specifically.
Meridian City Council
October 19, 2004
Page 32 of 35
Bird: Okay. I'll second that.
De Weerd: Okay. The motion is to approve PP 04-031 with the additional amendments
to the findings as noted. Any further discussion? Mr. Berg.
Roll-Call: Bird, yea; Rountree, nay; Wardle, yea; Donnell, absent.
MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT.
De Weerd: Okay. Thank you. Item 10.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No, 10, CUP 04-033, Conditional Use Permit for
Silverleaf Subdivision.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve Item 10. Is there any
further discussion? Hearing none, Mr. Berg.
Roll-Call: Bird, yea; Rountree, nay; Wardle, yea; Donnell, absent.
MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT.
Item 11:
Public Hearing: AZ 04-023 Request for Annexation and Zoning of 76.72
acres from RUT to R-4 zone for proposed KinQsbridge Subdivision by
Vision First, LLC - 4070 South Eagle Road:
Item 12:
Public Hearing: CUP 04-032 Request for a Conditional Use Permit for a
Planned Development consisting of single-family residential lots with
reductions to the minimum requirements for lot size, street frontage and
request to exceed the maximum block length allowed for proposed
Kingsbridge Subdivision by Vision First, LLC - 4070 South Eagle Road:
De Weerd: Thank you. Okay. Items 11 and 12 have been requested to continue to
November 3rd or table. No, I guess --
Bird: No. No, We got to continue a public hearing.
De Weerd: I have to open the public hearings and, then, continue them. I will open the
public hearings on Items 11 and 12, AZ 04-023 and CUP 04-032 and accept a motion to
continue these two public hearings until November 3rd.
Meridian City Council
October 19, 2004
Page 33 of 35
Rountree: So moved.
De Weerd: Is there anyone here that wishes to testify on this application? Thank you.
Rountree: Madam Mayor, I move that we table Items 11 and 12 until November 3rd.
Bird: Second.
De Weerd: Okay. The motion is continue public hearings 11 and 12 to November 3rd.
Rountree: Continue. Excuse me. Not table.
De Weerd: Continue. Okay. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 13:
Water, Sewer and Trash Delinquencies:
De Weerd: Okay. 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, October 19th, 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 October 20th, 2004, unless
payment is received in full. Is there anyone present who wishes to contest his or her
water, sewer, and trash delinquency? Okay. 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 $39.996.02. Do I have motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the delinquency turnoff schedule for October 20th,
2004, in the amount of $39,996.02.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve the turnoff list. Is there
any further discussion? Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Meridian City Council
October 19, 2004
Page 34 of 35
Item 14:
Ordinance No. 04~111 : RZ 04-010 Request for a Rezone of
.68 acre from R-4 to an O-T zone for Mittleider Rezone by Leon Smith -
125 West Cherry Lane and 1645 West 1st Street:
De Weerd: So, Seth, I imagine that you just got such a great experience during your
leadership Meridian you just had to see it in real? Item 14 is Ordinance No. 04-1111 for
RZ 04-010. Mr. Clerk, will you, please, read this ordinance by title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1111, an
Ordinance finding that Lovella Mittleider, Janice Mittleider Smith, and Leon Smith, the
owners of certain real property known as 125 West Cherry Lane and 1649 West 1st
Street, consisting of .68 acres and commonly located on the south side of Cherry Lane,
approximately 320 feet west of Meridian Road between West 1 st Street and West 2nd
Street, in Section 12, Township 3 North, Range 1 West, meridian, City of Meridian, Ada
County, Idaho, which lies contiguous within the city limits of the City of Meridian, County
of Ada, State of Idaho, and having made a request for rezoning in writing to the Council
and that said land be rezoned and designated Old Town District (OT), repealing all
ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the
Clerk of the City of Meridian to file a certified copy of the ordinance and map of the
areas to be rezoned with the Ada County recorder, auditor, treasurer, and assessor and
the State Tax Commission of the State of Idaho.
De Weerd: Thank you. You have now heard the ordinance read by title only. Is there
anyone who would like to hear it read in its entirety? And if you so desire you can read
it yourself.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Ordinance 04-1111, with suspension of rules.
Bird: Second.
De Weerd: It's been moved and seconded to approve Item 14. If there is no further
discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 15:
Executive Session per Idaho State Code 67-2345(1)(c):
De Weerd: Thank you. Item 15, Executive Session.
Bird: Madam Mayor?
Meridian City Council
October 19, 2004
Page 35 of 35
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67 -2345( 1 )( c).
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to adjourn into Executive Session.
Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
EXECUTIVE SESSION:
MEETING ADJOURNED AT 9:40 P.M.
II / 1 / tJ4-
DATE APPROVED
\\\\\111111'/1//
\\" f Mt::h //11
~\\ ..1 0 <...r(11'> //ff
,-..: :'\' VM /....
$: ~~ nOQI:IA -lA.~...
~ v 'rO'" ''''I):; 'Y ~
$ ~ ~o ~
2 ~ ~
- -
- -
-
-
October 15, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT C7Development
AZ 04-021
October 19 r 2004
ITEM NO.
5-A
REQUEST Findings for Approval- Request for Annexation and Zoning of 10 acres from RUT to
R-8 zones for Arcadia Subdivision - 3665 Jericho 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 findings
/}v~vV
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Arcadia Subdivision
Case N o(s). AZ-04-021 / PP-04-028
For the City Council Hearing Date of: October 5, 2004
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code ~67-
6509.
The matter was duly considered by the City Council at the October 5, 2004, 2004,
public hearing(s). The applicant, affected property owners, and government
subdivisions providing services within the pla1U1ingjurisdiction of the City of
Meridian were given full opportunity to express comments and submit evidence.
b. Testimony was received on this matter, as reflected in the records ofthe City Clerk
(for written testimony) and in the official meeting minutes (for oral testimony).
c. The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-04-021 / PP-04-028 - PAGE 1
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance ofthese
findings are Patrick and Nancy Hoskins
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit I/K for the findings required for each type of application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6,2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
9 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval/ is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated 9/2/04 as shown in Exhibit B and the Conditions of Approval in Exhibit C. The
conditions are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated 9/2/04 is/are hereby conditionally approved; and
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-04-021 J PP-04-028 - PAGE 2
I,.
2. The following modifications to site specific conditions were made at the City Council
hearing:
a. Additions were made to Preliminary Plat Condition #7 regarding the sewer
connection and adjacent property, the removal of the requirement for a development
agreement, and the addition of a condition regarding fencing types.
b. The Condition requiring a Development Agreement was removed from the
Annexation and Zoning conditions and a condition was added stating that no sight
obscuring fencing is to be places near micropaths or the open area.
3. The site specific and standard conditions of approval are as shown in Exhibits C-J.
D. Notice of Applicable Time Limits
1. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner aT developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
E. Notice afFinal Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will taU the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Preliminary Plat
Exhibit C: Annexation and Zoning Conditions
Exhibit D: Preliminary Plat Conditions
Exhibit E: ACHD Conditions
CITY OF MERIDIAN FlNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-04-0211 PP.04-028 - PAGE 3
Exhibit F: Settler's Irrigation Conditions
Exhibit G: sse Conditions
Exhibit H: City of Meridian Department Conditions
Exhibit I: Central District Health Conditions
Exhibit J: Annexation and Zoning Findings
Exhibit K: Preliminary Plat Findings
By action of the City Council at its regular meeting held on the
Ocfc;~ ,2004.
11-f~ dayof
COUNCILMAN SHAUN WARDLE
fJlGP-~ElL ~ AI AI GLl-
COUNCILMAN DILL N.\RY-
VOTED
~
/l1;~
VOTED
COUNCILMAN CHARLIE ROUNTREE
VOTED
~
COUNCILMAN KEITH BIRD
VOTED~
MAYOR TAMMY deWEERD
(TIE BREAKER)
VOTED
SEAL
~ If:;;
::. ~9 Ou '\t!i..... :;;
~/ "0 '8r is\ . *' ,!
"',.. -;.; C ~~ ,....
Copy served upon Applicant, The Planniri'g-/<1}}@fetIDrn.g ~$phrtment, Public Works Department
htlJn. Pd1'V'
Attest:
and City Attorney.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-04-021 / PP-04-028 .. PAGE 4
By: ~J::tAl'~
City Clerk -
Dated: \ 0 - '2..t.o . 04
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-04-021 / PP-04-028 - PAGE 5
ExnffiIT A
Legal Description
iia
\.1r
J..j--.
rr
.1..
EXHIBIT "A"
A parcel of land being the NE1/4 of the SWl/4 of the NEl/4 of Section 30, Township 4
North, Range 1 East, Boise Meridian, Ada County, Idaho and described as follows:
Commencing at a brass cap monument marking the NE comer of said NEl/4, thence
along the North line of said NEl/4 N8905l' 18"W a distance of 1316.99 feet to a 5/8 inch
rebar and from which a brass cap monument marking the NW comer of said NEl/4 bears
N89051' 18"W a distance of 1316.94 feet, thence leaving said North line SOoo34'24"W a
distance of 1328.80 feet to a point marking the NE comer of said NEl/4 of the SWl/4 of
the NE1/4 and being the POINT OF BEGINNING;
Thence along the East line of said NEl/4 ofthe SW1/4 of the NE1I4 SOoo34'24"W a
distance of 664.48 feet to a point marking the SE corner of said NE 1/4 of the SWl/4 of
the NE1/4;
Thence leaving said East line and along the South line of said NEl/4 of the SWll4 of the
NEl/4 N89053 '24"W a distance of 657.46 feet to a 5/8 inch rebar marking the SW comer
of said NE1/4 of the SWII4 ofthe NEl/4;
Thence leaving said South line and along the West line of said NEl/4 of the SWI/4 of the
NEI/4 NOoo32'38"E a distance of 664.59 f~et to a 5/8 inch rebar marking the NW corner
of said NEl/4 of the SWII4 of the NEI/4;
Thence leaving said West line along the North line of said NE1I4 of the SWI/4 of the
NE1I4 S89052'47"E a distance of657.81 feet to the POINT OF BEGINNING.
Said parcel contains 10.03 acres more or less and is subject to all existing easements and
rights-of-ways of record or implied.
RE~ APPM>"'tU
BY - / ,O.L=
~
JUN 2 8 200t,
MERIDIAN PUBLIC
WORKS DEPT.
C046141_boundary Jegal_ 061404pmh.doc
EXHIBIT B
Approved Preliminary Plat
a1ll-t~(iall
rl.ln"""",,'IoM1l"'<Mi ~-Il"""""l 'lII ~~~
'.ouI 'a..:(~~Ul~Ua
'Q' I a 'Q' :::::::> ~.""V" ~~
Ii.
'S..L.......,::3V"o.fd,::::,-,3..........::::3CJ .L..........::=,:,
"""'-' =l .-J...., ~ ""'" r-..l I V'-! I"'" ::3 ""=l =l
/
:
3:1JlfNNld
o
M
~ ~ ;~" ~
.~Bd~j ~ ~~ ~
~ i ~ ~~ ~~ ! ~ B ~,! n ~ I"! ~.< i ~ ~ g ~ L
5 ~ ~ B'~ g~ J. . ~ ~ ." ~ . 9 . I ~ 0 J!. ~ ~ ". ~ ~ ~
~ ~ ~ 0 \; '51'~ ~. '5 ~ . e~" ~. ~ . d ~ ~ g. i ~ S " 3 ".
" ~: '5 ~ ~ oB ~ ;~ ~~ ~ ~~ ~~ ~~"~ ~ ~ g , ~ ~ ~. e . ~ ~ B'. 5 H ~
~ . ~ 1i ~ 11> 0 o. -. ~ il' ~ i!~. ~ ~ n ; ! ~ ! ~ ~ i ~; ~ H ~ ~ p ~
~I H d h ~ i ~~ ~~ ~} HH} ~~H E 8 g ~ ~ n B H ~ E a B H ~ ~ B
~ Ii! !\!!J!j/ ~irl@.~,.,.8'..'I:..!.........
I I I I; I I I I IT.
"''''
Ei
~z ~~
00 s:
~U:i ,5~
<t ~ ....;l;Ie
...:l> [:!ti1'
~ ~ ~~~
;M E3 ~;:;86
~(I) ~~~~
~~ ;:i~.
;:go :~~
~ 2J ::;
r>.l p:: co.
g: -:t g~
,,~~
2'"
H~
~ E i di
i !<~n~
. . " ~~
~~e~d
~
~
2 III ~~
131 ~ i I~; ;~ ~!~ h
>- ~ ~ ~ ~ ~~:b~~ ~ i~. ~.~
a:: O:!; 5~ ~~~:~~ ~~S~t<l
; ~ ~ ~ ~ ~ ~m:~ ~ ~;~~~
.:l;
::J
VJ
i hI! ~!;!! 'I~~ I~ ~ i~~ h
~ ~~~ ~ :laf~ l;: ~~ ~ ~ g ~ ~ I
~ ...~~ c i:j~ ~ 2~ '0 ~ 0 ~ ?j
I
c~
~y~
19i ~
if u '0
", 210-
:i, B:~
el :~~
ir Z{/IU
H
~.~
i~g
n
2.
v
,
,/
...~/~/
....~......
........~.....-
,
,
,
,
I
I
I
{/
~
;
~-&~;~UIIll.;
~I
al
~
~I ~
ffi~
~I f2~
.( ~:-
r~~
) ",
/. d'j/ ....~ /fS
~., /:__...-~!..." r
~ ~tl:'~~"~
,~ k
~ ~~
.tll-;'~I IJ
/II\,~.iZ.ooH II
'I :. E-< ~ ~.
~ ,~'" " l:;
, '..~ ~ ~
I" '''' ~ 'l:
'~, ....11 '. b:; ,'ino~
~I t Z .......[,~;:w.r
t' ~8~ .,It
~1C1~*< ~
!:!. <Iii ~ ~
... ! Io\,.U>'~.QON
<'~11l _t
~
i
~1:il
"
~. ~
~ ~...: ~ ~ ..!
I-~ ~ ~ i g ~
L_~I-. -~ ,:,~;-......
/,
"
"
, ,
, I
, ,
, I
, ,
,
I
I
J
,
\
I
J
,~
,
I
I
I
,
I
I
I
I
J
o I
" I
~ I
" I
'J
I
J
(
,
,
:J '
~ '
-...,_....._1
:i
~
8
~
~ 0'(1:
.~s.... .F',z;.OO~"
3
~
\
\
,
,
,
,
,
,
\.....-...,
J
,
'-
.
.
~a
il
.
~ ~
.5
::t i
lq
~: ~J
po.i ~S
~: H
"~ ,1
~1 ~I
~
1
f ~
! i
i t
G
I ·
'1 ~!
!.;~
~! f j~
~]~ ~j. g1
~~ ~; ;;1
.. = 1 ;,
1
f
~ ~ . ~ I
11 ~ .~"ii~
~.~'j;.; . '.
p~ ;'l;-:I~'~
; iii! i';~'~
'" ".h~,..,
.is,~ '
I "'~.:; .!.
-I.2c:l ....l
ml~ im!]
...!, ."'~!;
~l~P iF-,~
2 ~!!~ ili~;i
!i~p . f;:.,
~~~::~ ;~;~~~
jHf] H~ii:1
~-i~~~ ~"~.i!i
.,'" "r,'
~Hh :h!!,
~
f ,<1"
J~ ~
.~ .J
,..;~ -1..
~
"
.!:
0>
<:
w
"
"
t>
<:
e
0::
:i
-0:
'"
...
<ii
o
...
o
o
'"
"
"
o
01
~
...,
vi
lD
I
:;
'"
...
o
u
/
0>...,
~ "
J.~
- "'
... "
-0::
'"
... <n
a-
u.!:
/.':!'
-'0::
>-
u~
I
-0:
/0
o..:~
EXHIBIT C
Modified Conditions of Approval for Annexation and Zoning
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
ANNEXATION AND ZONING CONDITIONS OF APPROVAL
1. The legal description submitted with the application shows the property as contiguous to the
existing corporate boundary of the City of Meridian and is approved.
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 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing
or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13.
Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users
association (ditch owners), with written approval or non-approval submitted to the Public
Works Department. If lateral users association approval can't be obtained, plans will be
reviewed and approved by the Meridian City Engineer prior to final plat signature.
4. Any future subdivision, uses and construction on this property shall comply with the City of
Meridian ordinances in effect at the time.
5. No sight obscuring fences are to be placed near the micropath or the open area.
EXHIBIT D
Preliminary Plat Conditions of Approval
Site Specific Conditions (Preliminarv Plat)
1. Fencing adjacent to the micropath on Block 4, Lot 6 shall comply with MCC 12-13-15-9.
2. Limit specifically the fencing type discussed in the public hearing to the micropath and
open space.
3. All areas being counted toward the 5% open space requirement shall be free of "wet
ponds" or other such nuisances. All stormwater detention facilities incorporated into the
required open space are subject to Ordinance 12-13-14 and shall be fully vegetated with
grass and trees, as depicted on the submitted landscape plans.
4. Please submit all up-to-date groundwater monitoring data to the Public Works
Department for review. The initial study indicates that shallow groundwater may be a
factor. All drainage areas ( detention/retention basins) must be designed to ensure that
water will percolate or discharge within a period of time not to exceed 24 hours for all
storms up to and including a 1 DO-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. 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.
5. Sanitary sewer service to this site shall be via a temporary "private" lift station that is
proposed at the end of the west stub street. The applicant homeowner's association shall
be responsible for the operation and maintenance of the lift station. The applicant will be
responsible to construct gravity sewer mains to and through this proposed development,
(to the ends of the stub streets). 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. This
development is subject to sanitary sewer latecomer fees. These fees shall be paid prior to
final plat signature.
6. Water service to this development is currently proposed via a single connection to an
existing 12-inch diameter main in Jericho Road. Water modeling indicates that flows
will be marginal without a loop. A pressure reducing station will be required between the
Jericho main and this development. This development will require a second water main
connection to provide for better flows and redundancy within the system, this can be
accomplished through Leeshire Subdivision or Saguaro Canyon Subdivision. The
applicant will be responsible to construct water mains to and through this proposed
development, Subdivision designer to coordinate main sizing and routing with the Public
Works Department. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service.
7. The applicant has indicated that the pressurized irrigation system within this development
will be owned and operated by the Irrigation District. Underground year-round
pressurized irrigation must be provided to all lots within this development (MCC 12-5-
2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a
year-round source of water (MCC 12-13-8.3). The Applicant shall be required to utilize
any existing surface or well water for the primary source. If a surface or well source is
not available, 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.
8. Applicant shall submit 10 copies of revised plat and landscape plans prior to the next
public hearing on this application.
9. A sewer easement is required in the northeast comer of the subdivision or other adjacent
property .
Standard Conditions of Approval (preliminary Plat)
1. All grading of the site shall be performed in conformance with MCC 11-12-3H.
2. Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8.
3. Please submit with the final plat application 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.
4. 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.
5. A detailed landscape and fencing plan, in compliance with the landscape and subdivision
ordinance, shall be submitted for the subdivision with the final plat application.
6. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
7. One-hundred-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
Final design locations and quantity are determined after power designs are completed by
Idaho Power Company. The street light contractor shall obtain design and permit from
the Public Works Department prior commencing installations.
8. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees that
were removed. Required landscaping trees will not be considered as replacement trees for
those trees that have to be mitigated.
9. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
10. 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. 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.
(
EXHIBIT E
ACHD Conditions of Approval
Site Specific Conditions of Approval
1. Extend Jericho Road from the north property line.
2. Extend Jericho Road to the south abutting the east property line for a minimum of 60-feet.
3. Extend Twilight Hush Avenue form the south property line approximately 139-feet east of the west
property line, as proposed.
4. Extend West Pascana Street from the west property line approximately 100-feet south of the north property
line, as proposed.
5. Construct the internal roadways 36-foot street section with rolled curb, gutter and 5-foot attached concrete
sidewalks within 50-feet of right-of-way, as proposed.
OR
Construct the internal roadways as 33-foot street sections with rolled curb, gutter and sidewalk with
parking on both sides of the roadway. Submit a letter from the appropriate fIre department showing the
review and approval of this alternative street section to acquire parking on both sides of the roadway.
6. 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 aU applicable ACHD
Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare
and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other
required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all 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.
II. Any change by the applicant in the planned use of the property which is the subject of this application, shall
require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal
restrictions in force at the time the applicant or its successors in interest advises the Highway District of its
intent to change the planned use of the subject property unless a waiver/variance of said requirements or
other legal relief is granted pursuant to the law in effect at the time the change in use is sought.
(
EXHIBIT F
Settlers' Irrigation District Conditions of Approval
1. All irrigation / drainage facilities along with their easements must be protected and continue to function.
The facility involved is the North Slough 2 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 Settler's 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. It has
been indicated that 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-construction meeting.
(
EXHIBIT G
SSC Conditions of Approval
SANITARY SERVICES
L SSC will not provide trash pick-up services utilizing the cornman driveway. The
developer shall install a concrete pad at the end ofllie common drive no more than five
(5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the
receptacles of the residences that take access from the common driveway. Receptacles
shall be placed on the concrete pad on collection day in a manner that does not cause a
nuisance.
(
EXHIBIT H
City of Meridian Department Comments
FIRE DEPARTMENT
1. One and hvo 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. International Fire Code Appendix D
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside
radius.
4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
5. Operational fire hydrants and temporary or pennanent street signs are required before
combustible construction begins.
6. 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. Streets with less than a 29'
street width shall have no parking. Streets with less than 33' shall have parking only on
one side.
7. All portions of the buildings located on this project must be within 150' of a paved surface
capable of supporting fire fighting vehicles and equipment.
8. All Common driveways shall be straight or have a turning radius of 28' inside and 48'
outside and shall have a clear driving surface which is 20' wide.
POLICE DEPARTMENT
1. The Police Department has no concerns related to the site design submitted with the
application.
PARKS DEPARTMENT
1. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed. (The applicant has applied for Alternative Compliance, See Site Specific
Comment #3)
(
EXHIBIT I
Central District Health Conditions of Approval
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 of the subject project shall obtain
current best management practices for stonnwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
(
EXHIBIT J
Annexation and Zoning Findings
A. Will the new zoning be harmonious with and in accordance with the Comprehensive
Plan and, if not, has there been an application for a Comprehensive Plan
amendment;
Staff finds that the proposed zoning designation, R-8, is harmonious with and in
accordance with the 2002 Comprehensive Plan and Future Land Use Map, which
designates the land to be Medium Density Residential. There is a minimum target density
of three (3) dulacre in the Comprehensive Plan and Arcadia's gross density is 3.3 du/acre.
B. Is the area included in the zoning amendment intended to be rezoned in the future;
Staff does not anticipate that the applicant intends to rezone the subject property in the
future. There are several large, undeveloped county parcels to the north and east of this
land and additional rezone requests are anticipated on these parcels in the future.
C. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a residential area
turning into a commercial area by means of conditional use permits;
Staff finds that the proposed single family residential subdivision would be allowed
within the requested zoning district ofR-8. The accompanying plat demonstrates the land
would be developed in lot sizes, housing types and other dimensional requirements that
conform to the new zoning.
D. Has there been a change in the area or adjacent areas which may dictate that the
area should be rezoned. For example, have the streets been widened, new railroad
access been developed or planned or adjacent area being developed in a fashion
similar to the proposed rezone area;
Staff finds that the land directly to the west of the subject property has been annexed and
approved for development similar to the proposed subdivision (Saguaro Canyon
Subdivision). Leeshire Subdivision, also zoned R-8 and located to the south of the subject
property, will be heard by City Council on September 7, 2004. The majority of the
subject section (T4N, RIE, 30) is designated for residential development similar to the
proposed project.
E. Will the proposed uses be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character
of the general vicinity and that such use will not change the essential character of
the same area;
Staff finds that the proposed single family residential use will impact the existing
character of the subject property and adjacent farmland (to east). The intended character
of the vicinity is medium density residential to the south, east and west and more urban,
higher density/impact development to the northwest (neighborhood center). The proposed
use conforms with the Future Land Use Map. The design and density conforms to the
Comprehensive Plan policies.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
The Commission and Council should rely on public testimony (oral and written) to
determine whether or not the proposed uses will be disturbing or hazardous to the
existing or future neighboring uses.
Staff does not anticipate that the proposed residential uses will be hazardous as long as
construction traffic and house construction is conducted in a manner consistent with City
Code.
G. Will the area be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed zoning
amendment shall be able to provide adequately any of such services;
Staff finds that the property to be annexed will or can be served adequately by most
essential public facilities and services if all conditions of approval are met by the
applicant.
This proposed development is currently not serviceable, via gravity, to the City of
Meridian's sanitary sewer system. The applicant proposes to install a temporary
"private" lift station to pump to a pressure main installed for the Westborough
Subdivision off Jericho Road.
Water service to this development is currently proposed via a single connection to an
existing 12-inch diameter main in Jericho Road. Water modeling indicates that flows
will be marginal without a second looped connection. A pressure reducing station will be
required between the Jericho main and this development. This development will require
a second water main connection to provide for better flows and redundancy within the
system, this can be accomplished through Leeshire Subdivision or Saguaro Canyon
Subdivision.
The applicant shall be required to extend sanitary sewer and water mains to and through
the proposed development, thereby making them available to the adjacent properties. The
applicant and/or future property owners will be required to pay park and highway impact
fees as well as construct on-site storm water drainage facilities.
(
Please review ACHD, Police and the Fire Department's comments concerning this
subdivision for further information regarding public services and facilities.
H. Will not create excessive additional requirements at public cost for public facilities
and services and will not be detrimental to the economic welfare of the community;
Staff finds that there will not be excessive additional requirements at public cost for
public services and facilities, if the applicant complies with the conditions of approval for
the accompanying conditional use permit and preliminary plat applications.
I. Will the proposed uses not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Staff recognizes that traffic and noise will increase upon build-out of the proposed
subdivision. However, staff does not feel that the amount generated will be detrimental to
the public welfare if all City and ACHD conditions of approval are met.
Staff finds that the proposed subdivision will not involve uses that would create other
nuisances that would be detrimental to the general welfare of the surrounding area.
J. Will the area have vehicular approaches to the property which shall be so designed
as not to create an interference with traffic on surrounding public streets;
The proposed subdivision takes access off of Jericho Road, an existing road taking access
off of Chinden Boulevard. ITD has submitted a letter dated August 2, 2004, stating that
they approve of this access off of Jericho Road for the proposed subdivision. The two
proposed stub streets will help to improve connectivity between the proposed subdivision
and Saguaro Canyon Subdivision to the west and the proposed Leeshire Subdivision to
the south.
K. Will not result in the destruction, loss or damage of a natural or scenic feature of
major importance; and
Staff finds that no natural or scenic features of major importance will be lost or damaged
by approving the annexation and rezone. Any existing trees larger than 4" caliper that are
removed shall be mitigated for, per the Landscape Ordinance.
L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord.
592, 11-17-1992)?
Staff finds that all essential services are available or will be provided by the developer to
the subject property and will not require umeasonable expenditure of public funds. The
applicant is proposing to develop the land in substantial compliance with the City's
comprehensive plan (medium density residential). The land to the west of the subject
property has already been annexed and this is a logical expansion of existing zoning and
land uses.
EXHIBIT K
Preliminary Plat Findings
a. The conformance of the subdivision with the Comprehensive Development Plan;
Staff finds that the proposed application is in substantial compliance with the adopted
Future Land Use Map ofthe Comprehensive Plan (Chapter VII). The proposed density,
3.3 dulacre (gross), is in compliance with the land use classification, medium density
residential, noted on the map.
b. The availability of public services to accommodate the proposed development;
Staff finds that public services are or can be made available to accommodate the
proposed development. (See the findings under "Annexation and Zoning" for more
detail. )
c. The continuity of the proposed development with the capital improvement
program;
Staff finds that the subdivision will not require the expenditure of capital improvement
funds.
d. The public rmaneial capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments from the public
service providers (i.e. police, fire, ACHD, etc) to determine this finding.
e. The other health, safety or environmental problems that may be brought to the
Commission's attention.
Staff finds that the proposed angled common drive providing access to lots 5 and 6 of
block 3 is an unsafe configuration for the common drive. The proposed configuration of
the common drive restricts the accessibility of the proposed lots 5 and 6 of block.
Meridian's Fire Chief is recommended that the common drive be reconfigured to
eliminate the proposed angle in the cornman drive.
October 15, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT C7Development
P P 04-028
October 19, 2004
ITEM NO.
5-8
REQUEST Findings for Approval- Request for Preliminary Plat approval of 33 single-family
residential building lots and 3 common lots on 10 acres in a proposed R-8 zone for Arcadia
Subdivision - 3665 Jericho 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 Findings
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LA'
DECISION & ORDER
RECEIVEl
OCT 1 8 200~
Cit.r Of7i1f 'dj
C. ~ ~l'J.erJ an
Ity Clerk Office
In the Matter of Arcadia Subdivision
Case No(s). AZ-04-021! PP-04-028
For the City Council Hearing Date of: October 5, 2004
A. Findings of Fact
L Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code ~67-
6509.
The matter was duly considered by the City Council at the October 5, 2004, 2004,
public hearing(s). The applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian were given full opportunity to express comments and submit evidence.
b. Testimony was received on this matter, as reflected in the records of the City Clerk
(for written testimony) and in the official meeting minutes (foT oral testimony).
c. The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~67-6509, 6512, and Meridian City Code S~ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-04-0211 PP-04-028 - PAGE I
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) ofrecord at the time of issuance of these
findings are Patrick and Nancy Hoskins
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit J/K for the findings required for each type of application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.e. ~67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
~ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval/ is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated 9/2/04 as shown in Exhibit B and the Conditions of Approval in Exhibit C. The
conditions are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated 9/2/04 is/are hereby conditionally approved; and
CITY OF MERIDIAN FlNDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-04-021 I PP-04-028 - PAGE 2
2. The following modifications to site specific conditions were made at the City Council
hearing:
a. Additions were made to Preliminary Plat Condition #7 regarding the sewer
connection and adjacent property, the removal of the requirement for a development
agreement, and the addition of a condition regarding fencing types.
b. The Condition requiring a Development Agreement was removed from the
Annexation and Zoning conditions and a condition was added stating that no sight
obscuring fencing is to be places near micropaths or the open area.
3. The site specific and standard conditions of approval are as shown in Exhibits C-J.
D. Notice of Applicable Time Limits
1. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction ofthe public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code 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 ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Preliminary Plat
Exhibit C: Annexation and Zoning Conditions
Exhibit D: Preliminary Plat Conditions
Exhibit E: ACHD Conditions
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEC!SION & ORDER
CASE NO(S). AZ-04-021 I PP-04-028 - PAGE 3
Exhibit F: Settler's Irrigation Conditions
Exhibit G: SSC Conditions
Exhibit H: City of Meridian Department Conditions
Exhibit I: Central District Health Conditions
Exhibit J: Annexation and Zoning Findings
Exhibit K: Preliminary Plat Findings
By action ofthe City Council at its regular meeting held on the
Ocft?~ ,2004.
! 1-f!.. day of
COUNCILMAN SHAUN WARDLE
fit {;ft~fil- ~ AI AI GU...
COUNCILMAN-DILL }L\RY
VOTED ~
VOTED /J1;~
COUNCILMAN KEITH BIRD
VOTED ~
VOTED~
COUNCILMAN CHARLIE ROUNTREE
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Attest:
and City Attorney.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-04-0211 PP-04-028 - PAGE 4
By: ~ J::l A 6. l ""-
City Clerk ~
Dated: '0 - '2..U1- 04
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-04-0211 PP-04-028 . PAGE 5
EXHffiIT A
Legal Description
'...j'.'
'1\
\, .l_
J',..;i
'(tv
EXHIBIT "A"
A parcel of land being the NEl/4 of the SWl/4 of the NE1I4 of Section 30, Township 4
North, Range 1 East, Boise Meridian, Ada County, Idaho and described as follows:
Commencing at a brass cap monument marking the NE comer of said NE1/4, thence
along the North line of said NE1I4 N89051 ' 18"W a distance of 1316.99 feet to a 5/8 inch
rebar and from which a brass cap monument marking the NW comer of said NE1I4 bears
N89051 '18"W a distance of 1316.94 feet, thence leaving said North line 800034 '24"W a
distance of 1328.80 feet to a point marking the NE corner of said NEl/4 of the SWl/4 of
the NEl/4 and being the POINT OF BEGINNING;
Thence along the East line of said NEl/4 of the SW1I4 of the NE1I4 S00034'24"W a
distance of 664.48 feet to a point marking the SE corner of said NE 114 of the SW1I4 of
the NEl/4;
Thence leaving said East line and along the South line of said NE1I4 of the SWI/4 of the
NEl/4 N89053 '24"W a distance of 657.46 feet to a 5/8 inch rebar marking the SW corner
of said NEI/4 of the SWI/4 of the NEl/4;
Thence leaving said South line and along the West line of said NEl/4 of the SWII4 ofthe
NEl/4 NOo032'38"E a distance of664.59 feet to a 5/8 inch rebar marking the NW corner
of said NE1I4 of the SWl/4 of the NEl/4;
Thence leaving said West line along the North line of said NEI/4 of the SWI/4 ofthe
NEl/4 S89052'47"E a distance of657.81 feet to the POINT OF BEGINNING.
Said parcel contains 10.03 acres more or less and is subject to all existing easements and
rights~of-ways of record or implied.
C046141_boul1darLlegal_06 J 404pmh.doc
:$~P~'gi~
JUN 2 8 2D04
ME.RIDIAN PUBLIC
WORKS DEPT.
EXHffiIT B
Approved Preliminary Plat
C~-JIYI;o:J
r",;a~..~"tlh:'1;L.o.l"'VDO'i"M:1
'OU] 's...taaU!}Ju:3:
s;:...L............;a V"-I dc:.. ::::3.........30 L.. -;:::I
-L "'9"'"-' c=:1 ~ ~ "'Q'" r--J ~ 1-' ::::3 ~ r::::!I
31JVNNld
c
"V' I CJ "V' 8 ~ "V' :::~
~;
NOISI^ICJsns
~
"~ ~ w
~, ~ d. i
~ ~ ~ ihi n i ~d ~
~ ' ~ "~ ~~ In " ~ .'"
~ ~ 2 ~ ~ ~ ij ~~ ~~ ~~ ~ ~ ~ ~ ~ ~~i a i
~ 11,.11" W '11~{lllllrrii~:J
I I", r <: ... r,... NJ,
il I!it'rtf i
o
o
Zz
o.
tE
~z :~
Oat.;;
E-< 00 ~~~
j_-S
> ~!i,:
~o ~~!;
eel ~....g...
~ ~ ~~~g
-<::VJ ::;~~
~~ !I:=~
~ 25 :~~
::J tJ ~:~
w p:: s!::
E: --:: ~~
~~~
Ii
~ ~
d w~. ~
!~hIdw!
nd.nn
'~~n;i~~
;gH~na
~
i
i
~ "'
~ g~~~ H~
~_8.~!i~ ~~.. ~
o ". S ~ ~ ~. ~ ~ ~ ~"
~ ~ ~ ~ ~ ~ ~ ~ I $ ~ ~ ~~
:\ g ~ ~ ~ ~ ~ j! co;' S "~
~H~~E!iE~heU
~ ~ ::;'t- R
@9lJ;11! ElEl<JE!I~ 01~O'~ISI"'''/Il~U'
~ ~~
~ ;;j51
~. ~~ ~:
~~:b~~
~ ,,~~~~
[g~~~~
W ~
WI U
u 0 <
>-~~?~
~~~~;
~~~~~
=>
Vl
~
iii Bj .
~~: r,
~ R ~~ ~ ~
~ '",.,
~ ~~~~~
w'
t ~ ~~
~ ~ ~~ ~~ '5 t
~ ~ i~~ ~ ~ +- ~ ~ ~ ~ ~ =
0.. ~ ~E~ ~~~~ LL;~; c ~ ~ g ~ q
S ~~~ ~I~&~~ ~[Q~ ti ~ "~ g,
~ Z~~ g i~i ~ ~ ~~ ~ E ~ 6 ~ ~
I
:;:I~-
19~ ~
:/ 8 ~
5! tsgo
5:0:";'
~! ~gL..
- ~~~
~I
v
/
/
::.1
51
~
21 ~
~n
r:;~
~u
~!g
~ ..::'::~ f, r
'?l 't! I!
\", Jl_...t rg
~ :t~
.t~CI 111
II'S\".~~DJ/1 if
~ "" ~!!
">; e:a
~ ~ L ~
i
"
JI
II
, I
, t
I I
, I
1 I
1
I
1
I
,
\
I
I
,~
I
I
\
I
I
I
,
1
I
,
o I
~ 1
;? 1
,I
'1
I
,
1
,
\
;:0 ,
~ '
-'-~-~_I
\
,
.........-----
~'"
.~ ~ .. ~
~ - ~
.
~~
E.~ ~t
~.. ~
,--
r~tl
lO-'5l~,~"
~~~~E;j~~'--~~.
~:~____~ ~~~ \ ~l
~;:~ j~ \:
~I~ ~~S-..._-~___): ~
~i~l S'3~ 1,,/ l
~~--~- ~
:S"Wllt'""t t;l:r700N
,
,
,
,
,
,
\
\
\""7
,~-
w ~
~ ~
ii
~ ~
i-i
.. 1
;~ i~
-> .
::l ;.
~; :. ~
""~
~i : i
~I
~ !.!
~
i
,
~
i
,
1.l! Z
!! ;
". ~
!~ i
:-:.;
:(-'
g~
;1 ~ * !~~
~-i; IH:'~
: j!,~ ;~;~ ~~
:!"n~ ~~~ffi~!
:W~ 'tw!,-,
!f~~f }'1~!~~
Ii 11 ~ ;.~.~ !.- ~'~!"..!"
fi, ',~.~ :,~ ...-
. "- fl'i'H-l""
!:~ig ;~~:1
'rp: l~;:;~i
.!l r~i- .!t.:--,~--l
~;~~J ~-H~~!
! !t~:~ f~~~~~
Ij ;H~~ mm
t ~~ ~~~I] ~]~] h
'"
~
:;
.S
'"
c
w
{j
"
C
c
ii:
:i
<(
<0
...
.;-;
'?
....
o
o
N
........
........
o
'"
'"
~
Ul
CO
J
...
<0
....
o
u
,/
~]
?t
:; ~
-D<
<0
... "
81:
,/ .2'
-''''
>-
u<
1
<(
'/0
D..:E
EXHIBIT C
Modified Conditions of Approval for Annexation and Zoning
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
ANNEXATION AND ZONING CONDITIONS OF APPROVAL
1. The legal description submitted with the application shows the property as contiguous to the
existing corporate boundary of the City of Meridian and is approved.
2. Any existing domestic wells andlor septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing
or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13.
Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users
association (ditch owners), with written approval or non-approval submitted to the Public
Works Department. If lateral users association approval can't be obtained, plans will be
reviewed and approved by the Meridian City Engineer prior to final plat signature.
4. Any future subdivision, uses and construction on this property shall comply with the City of
Meridian ordinances in effect at the time.
5. No sight obscuring fences are to be placed near the micropath or the open area.
EXHIBIT D
Preliminary Plat Conditions of Approval
Site Specific Conditions (Preliminarv Plat)
1. Fencing adjacent to the micropath on Block 4, Lot 6 shall comply with MCC 12-13-15-9.
2. Limit specifically the fencing type discussed in the public hearing to the micropath and
open space.
3. All areas being counted toward the 5% open space requirement shall be free of "wet
ponds" or other such nuisances. All stormwater detention facilities incorporated into the
required open space are subject to Ordinance 12-13-14 and shall be fully vegetated with
grass and trees, as depicted on the submitted landscape plans.
4. Please submit all up-to-date groundwater monitoring data to the Public Works
Department for review. The initial study indicates that shallow groundwater may be a
factor. All drainage areas (detention/retention basins) must be designed to ensure that
water will percolate or discharge within a period of time not to exceed 24 hours for all
storms up to and including a 1 DO-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. 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.
5. Sanitary sewer service to this site shall be via a temporary "private" lift station that is
proposed at the end of the west stub street. The applicant homeowner's association shall
be responsible for the operation and maintenance of the lift station. The applicant will be
responsible to construct gravity sewer mains to and through this proposed development,
(to the ends of the stub streets). 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. This
development is subject to sanitary sewer latecomer fees. These fees shall be paid prior to
final plat signature.
6. Water service to this development is currently proposed via a single connection to an
existing 12-inch diameter main in Jericho Road. Water modeling indicates that flows
will be marginal without a loop. A pressure reducing station will be required between the
Jericho main and this development. This development will require a second water main
connection to provide for better flows and redundancy within the system, this can be
accomplished through Leeshire Subdivision or Saguaro Canyon Subdivision. The
applicant will be responsible to construct water mains to and through this proposed
development, Subdivision designer to coordinate main sizing and routing with the Public
Works Department. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service.
7. The applicant has indicated that the pressurized irrigation system within this development
will be owned and operated by the Irrigation District. Underground year-round
pressurized irrigation must be provided to all lots within this development (MCC 12-5-
2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a
year-r~und source of water (MCC 12-13-8.3). The Applicant shall be required to utilize
any existing surface or well water for the primary source. If a surface or well source is
not available, 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.
8. Applicant shall submit 10 copies of revised plat and landscape plans prior to the next
public hearing on this application.
9. A sewer easement is required in the northeast corner of the subdivision or other adjacent
property.
Standard Conditions of Approval (Preliminary Plat)
1. All grading of the site shall be performed in conformance with MCC 11-12-3H.
2. Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8.
3. Please submit with the final plat application 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.
4. 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.
5. A detailed landscape and fencing plan, in compliance with the landscape and subdivision
ordinance, shall be submitted for the subdivision with the final plat application.
6. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
7. One-hundred-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
Final design locations and quantity are determined after power designs are completed by
Idaho Power Company. The street light contractor shall obtain design and permit from
the Public Works Department prior commencing installations.
8. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees that
were removed. Required landscaping trees will not be considered as replacement trees for
those trees that have to be mitigated.
9. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
10. 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. 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.
EXHIBIT E
ACHD Conditions of Approval
Site Specific Conditions of Approval
1. Extend Jericho Road from the north property line.
2. Extend J erieho Road to the south abutting the east property line for a minimum of 60- feet.
3. Extend Twilight Hush Avenue form the south property line approximately I 39-feet east of the west
property line, as proposed.
4. Extend West Pascana Street from the west property line approximately IOO-feet south of the north property
line, as proposed.
5. Construct the internal roadways 36-foot street section with rolled curb, gutter and 5-[00t attached concrete
sidewalks within 50-feet of right-of-way, as proposed.
OR
Construct the internal roadways as 33-foot street sections with rolled curb, gutter and sidewalk with
parking on both sides of the roadway. Submit a letter from the appropriate fire department showing the
review and approval of this alternative street section to acquire parking on both sides of the roadway.
6. 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 ofIdaho shall prepare
and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other
required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable requirements of
the Ada County Highway District prior to District approval for occupancy.
8. Payment of applicable road impact fees 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 confmnation 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.
EXHIBIT F
Settlers' Irrigation District Conditions of Approval
1. All irrigation / drainage facilities along with their easements must be protected and continue to function.
The facility involved is the North Slough 2 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 Settler's 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. It has
been indicated that 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-construction meeting.
(
(
EXHIBIT G
SSC Conditions of Approval
SANITARYSERVlCES
1. SSC will not provide trash pick~up services utilizing the common driveway. The
developer shall install a concrete pad at the end of the common drive no more than five
(5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the
receptacles of the residences that take access from the common driveway. Receptacles
shall be placed on the concrete pad on collection day in a manner that does not cause a
nUisance.
c
EXHIBIT H
City of Meridian Department Comments
FIRE DEPARTMENT
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. International Fire Code Appendix D
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside
radius.
4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
6. 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. Streets with less than a 29'
street width shall have no parking. Streets with less than 33' shall have parking only on
one side.
7. All portions ofthe buildings located on this project must be within 150' of a paved surface
capable of supporting fire fighting vehicles and equipment.
8. An Corrnnon driveways shall be straight or have a turning radius of 28' inside and 48'
outside and shall have a clear driving surface which is 20' wide.
POLICE DEPARTMENT
1. The Police Department has no concerns related to the site design submitted with the
application.
PARKS DEPARTMENT
1. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed. (The applicant has applied for Alternative Compliance, See Site Specific
Comment #3)
c
(
EXHIBIT I
Central District Health Conditions of Approval
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 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.
EXHIBIT J
Annexation and Zoning Findings
A. Will the new zoning be harmonious with and in accordance with the Comprehensive
Plan and, if not, has there been an application for a Comprehensive Plan
amendment;
Staff finds that the proposed zoning designation, R-8, is harmonious with and in
accordance with the 2002 Comprehensive Plan and Future Land Use Map, which
designates the land to be Medium Density Residential. There is a minimum target density
of three (3) dulacre in the Comprehensive Plan and Arcadia's gross density is 3.3 duJacre.
B. Is the area included in the zoning amendment intended to be rezoned in the future;
Staff does not anticipate that the applicant intends to rezone the subject property in the
future. There are several large, undeveloped county parcels to the north and east of this
land and additional rezone requests are anticipated on these parcels in the future.
C. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a residential area
turning into a commercial area by means of conditional use permits;
Staff finds that the proposed single family residential subdivision would be allowed
within the requested zoning district ofR-8. The accompanying plat demonstrates the land
would be developed in lot sizes, housing types and other dimensional requirements that
conform to the new zoning.
D. Has there been a change in the area or adjacent areas which may dictate that the
area should be rezoned. For example, have the streets been widened, new railroad
access been developed or planned or adjacent area being developed in a fashion
similar to the proposed rezone area;
Staff finds that the land directly to the west of the subject property has been annexed and
approved for development similar to the proposed subdivision (Saguaro Canyon
Subdivision). Leeshire Subdivision, also zoned R-8 and located to the south of the subject
property, will be heard by City Council on September 7, 2004. The majority of the
subject section (T4N, RIE, 30) is designated for residential development similar to the
proposed project.
E. Will the proposed uses be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character
of the general vicinity and that such use will not change the essential character of
the same area;
Staff finds that the proposed single family residential use will impact the existing
character of the subject property and adjacent farmland (to east). The intended character
of the vicinity is medium density residential to the south, east and west and more urban,
higher densitylimpact development to the northwest (neighborhood center). The proposed
use conforms with the Future Land Use Map. The design and density conforms to the
Comprehensive Plan policies.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
The Commission and Council should rely on public testimony (oral and written) to
determine whether or not the proposed uses will be disturbing or hazardous to the
existing or future neighboring uses.
Staff does not anticipate that the proposed residential uses will be hazardous as long as
construction traffic and house construction is conducted in a manner consistent with City
Code.
G. Will the area be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed zoning
amendment shall be able to provide adequately any of such services;
Staff finds that the property to be annexed will or can be served adequately by most
essential public facilities and services if all conditions of approval are met by the
applicant.
This proposed development is currently not serviceable, via gravity, to the City of
Meridian's sanitary sewer system. The applicant proposes to install a temporary
"private" lift station to pump to a pressure main installed for the Westborough
Subdivision off Jericho Road.
Water service to this development is currently proposed via a single connection to an
existing 12-inch diameter main in Jericho Road. Water modeling indicates that flows
will be marginal without a second looped connection. A pressure reducing station will be
required between the Jericho main and this development. This development will require
a second water main connection to provide for better flows and redundancy within the
system, this can be accomplished through Leeshire Subdivision or Saguaro Canyon
Subdivision.
The applicant shall be required to extend sanitary sewer and water mains to and through
the proposed development, thereby making them available to the adjacent properties. The
applicant and/or future property owners will be required to pay park and highway impact
fees as well as construct on-site storm water drainage facilities.
Please review ACHD, Police and the Fire Department's comments concerning this
subdivision for further infonnation regarding public services and facilities.
H. Will not create excessive additional requirements at public cost for public facilities
and services and will not be detrimental to the economic welfare of the community;
Staff finds that there will not be excessive additional requirements at public cost for
public services and facilities, if the applicant complies with the conditions of approval for
the accompanying conditional use permit and preliminary plat applications.
I. Will the proposed uses not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Staff recognizes that traffic and noise will increase upon build-out of the proposed
subdivision. However, staff does not feel that the amount generated will be detrimental to
the public welfare if all City and ACHD conditions of approval are met.
Staff finds that the proposed subdivision will not involve uses that would create other
nuisances that would be detrimental to the general welfare of the surrounding area.
J. Will the area have vehicular approaches to the property which shall be so designed
as not to create an interference with traffic on surrounding public streets;
The proposed subdivision takes access off of Jericho Road, an existing road taking access
off of Chinden Boulevard. ITD has submitted a letter dated August 2, 2004, stating that
they approve of this access off of Jericho Road for the proposed subdivision. The two
proposed stub streets will help to improve connectivity between the proposed subdivision
and Saguaro Canyon Subdivision to the west and the proposed Leeshire Subdivision to
the south.
K. Will not result in the destruction, loss or damage of a natural or scenic feature of
major importance; and
Staff finds that no natural or scenic features of major importance will be lost or damaged
by approving the annexation and rezone. Any existing trees larger than 4" caliper that are
removed shall be mitigated for, per the Landscape Ordinance.
L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord.
592, 11-17-1992)?
Staff finds that all essential services are available or will be provided by the developer to
the subject property and will not require unreasonable expenditure of public funds. The
applicant is proposing to develop the land in substantial compliance with the City's
comprehensive plan (medium density residential). The land to the west of the subject
property has already been annexed and this is a logical expansion of existing zoning and
land uses.
EXHIBIT K
Preliminary Plat Findings
a. The conformance of the subdivision with the Comprehensive Development Plan;
Staff finds that the proposed application is in substantial compliance with the adopted
Future Land Use Map of the Comprehensive Plan (Chapter VII). The proposed density,
3.3 du/acre (gross), is in compliance with the land use classification, medium density
residential, noted on the map.
b. The availability of public services to accommodate the proposed development;
Staff finds that public services are or can be made available to accommodate the
proposed development. (See the findings under "Annexation and Zoning" for more
detail.)
c. The continuity of the proposed development with the capital improvement
program;
Staff finds that the subdivision will not require the expenditure of capital improvement
funds.
d. The public [maneial capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments from the public
service providers (i.e. police, fire, ACHD, etc) to determine this finding.
e. The other health, safety or environmental problems that may be brought to the
Commission's attention.
Staff finds that the proposed angled common drive providing access to lots 5 and 6 of
block 3 is an unsafe configuration for the common drive. The proposed configuration of
the common drive restricts the accessibility of the proposed lots 5 and 6 of block.
Meridian's Fire Chief is recommended that the common drive be reconfigured to
eliminate the proposed angle in the common drive.
October 15, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT Earl and Donna Bohrn
V AR 04-006
October 19, 2004
ITEM NO.
5-C
REQUEST Findings for Denial- Request for a Variance from MCC 11-10-6 to allow a childcare/
preschool for five or fewer children to be operated in a required garage area of a single-family
home in an R-4 zone for Earl and Donna Bohm - 1451 North Santa Rosa Place
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 Findings
~,/
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at publfc meetings shall become property of the City of Meridian.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter ofthe Request for a Variance from MCC 11-10-6 to Allow a Preschool
Facility for Five or Fewer Children to be Operated in a Required Garage Area of a Single-
family Home in an R-4 Zone.
Case No(s). V AR-04-006
For the City Council Hearing Date of: October 5, 2004
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration at least ten days
prior to said hearing. All other noticing was done consistent with Idaho Code S67-
6509.
The matter was duly considered by the City Council at the October 5,2004, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction ofthe City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. A public hearing was not required before the Planning and Zoning Commission for
this type of application.
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-04-006 - P AGE I
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner( s) of record at the time of issuance of these
findings are Earl and Donna Bobrn.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit B for the findings required.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6,2002, Resolution No. 02-382 and Maps.
3. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian platmingjurisdiction.
4. That the City has issued an order of denial in accordance with this Decision, which shaH
be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the
applicant, the Planning and Zoning Deparbnent, the Public Works Department and any
affected party requesting notice.
5. That this decision of denial is for the subject property as described in the Legal
Description in Exhibit A.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's request for a Variance from MCC 11-10-6 is hereby denied for the
following reason:
a. There is no evidence to support findings for approval of the requested variance (see
Exhibit "B").
D. Notice of Final Action and Right to Regulatory Takings Analysis
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-04-006 - PAGE 2
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code 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 variance request may within twenty-eight (28) days after the date of this decision and
order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
E. Exhibits
Exhibit A: Legal Description
Exhibit B: Variance Findings
By action ofthe City Council at its regular meeting held on the 5th day of October, 2004.
COUNCILMAN SHAUN WARDLE
111 F;nJi Erl- hH PI/ELi-
COUNCILMAN DILL NARY-
VOTED~
VOTED 1f6J:<-J-
COUNCILMAN KEITH BIRD
VOTED ~A-
VOTED~
COUNCILMAN CHARLIE ROUNTREE
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Attest:
SEAL
~ & ::
William G. Berg, Jr., Ci ler ~ ~ ~G/'" ..... ",C!i ..p $
~r() ~\)'r1S~' ..;;:.'$'
'/ :d L'\ ~ '"
//" '1 a '.v,';;"
CITY OF MERIDIAN FINDINGS OF F ACT, cON2LiJg,2M$:b~k.~.A.v'~~D DECISION & ORDER
CASE NO(S). V AR-04-006 - PAGE 3 .!, II ,.
Copy served upon Applicant, The PlalUling and Zoning Department, Public Works Department
and City Attorney.
BY:,.:~
City Clerk
Dated: \ 0- 2.S .04-
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-04-006 - PAGE 4
EXHIBIT "A"
Lot 11 in Block 4 of The Vineyards Subdivision No.2, according to the official plat thereof,
filed in Book 61 of Plats at Pages 6126 and 6127, Official Records of Ada County, Idaho,
CITY OF MERlDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-04-006 - PAGE 5
(
EXHIBIT "B"
REQUIRED FINDINGS
According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a
variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the
Ordinance lists the following Findings (MCC11-18-3), all of which must be determined before
granting a variance:
A. That there are such special circumstances or conditions affecting the property that
the strict application of the provisions of this Title would clearly be impracticable
or unreasonable;
City Council finds that there are no special circumstances or conditions affecting this
property that would make the strict application of the provisions of this Title
impracticable or unreasonable. In the past, other folks have requested a business as an
accessory use to their dwelling in a required tWo-car garage and have been denied. There
is nothing special or extraordinary about this property that would distinguish it from
others who have been denied for the same request. The preschool could be reasonably
accommodated in the living portions ofthe existing residence.
B. That strict compliance with the requirements of this Title would result in
extraordinary hardship to the owner, subdivider or developer because of unusual
topography, the nature or condition of adjacent development, other physical
conditions or other conditions that make strict compliance with this Title
unreasonable under the circumstances, or that the conditions and requirements of
this Title will result in inhibiting the achievements or the objectives of this Title;
Due to the fact that the Bohrn's have already renovated their garage into a preschool
facility without approval of the City, strict compliance with the requirements of this
Title would force them to return their garage to its previous state. It would be a
monetary hardship to reconstruct the garage and move the preschool into the living
portions of the house. However, monetary hardships are generally not sufficient as
findings for a variance approval.
C. That the granting of the specified variance will not be detrimental to the public's
welfare or injurious to other property in the area in which the property is situated;
City Council anticipates that the variance will not be detrimental to the public's welfare
or injurious to other properties in the area; however, several written objections were
filed and oral testimony provided by surrounding property owners against the variance
request.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-04-006 - PAGE 6
D. That such variance will not have the effect of altering the interest and purpose of
this Title and the Meridian Comprehensive Plan."
City Council finds that the issuance of a variance for reducing housing standards to allow
the garage to be used as a preschool facility and not be capable of housing two
automobiles will have the effect of altering the purpose andlor interest of the Zoning
Ordinance or the Comprehensive Plan.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-04-006 - PAGE 7
('
October 15, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT Robnett Construction, Inc.
MI 04-010
October 19, 2004
ITEM NO.
5-D
REQUEST Findings for Approval - Request to modify the hours of operation approved previously
under CUP 01-016 from 8 am to 10 pm Monday thru Saturday and 9 am to 9 pm Sunday to 6 am
to 10 pm seven days a week for Cherry Crossing Subdivision - nwc of Cherry Lane & Linder 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:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: L1fJ;b ~~ Date: If) j/9IrJc.f Phone: 9'3}{- Co 37
Emailed: ( lcL~ ^ 0..... h (?; ('olDn-e.#- e.6ns-frc..<-fton ~ Staff Initials: UZ
Materials presented at public meelings shall ~~~e property of the City of Meridian.
See attached Findings
~vV
BEFORE THE MERIDIAN CITY COUNCL
IN THE MATTER OF THE
APPLICATION TO AMEND THE
PREVIOUSLY APPROVED HOURS
OF OPERATION FOR PROPERTY
LOCATED ON THE NORTHWEST
CORNER OF LINDER ROAD AND
CHERRY LANE
BY: ROBNETT CONSTRUCTION,
INC.
APPLICANT
C/C 10/05/04
)
)
)
)
)
)
)
)
)
)
)
)
)
CASE NO. MI-04-010
FINDINGS OF FACT
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPROVAL OF
MISCELLANEOUS APPLICATION
This matter coming before the City Council on October 5, 2004 at the Meridian City
Hall located at 33 East Idaho, for Miscellaneous Application approval to amend the previously
approved hours of operation for a parcel located near the northwest corner of Linder Road and
Cherry Lane for Robnett Construction, Inc., and the Council finding that the Administrative Review
is complete from Craig Hood, Associate City Planner, for the Planning and Zoning Department,
dated: October 5, 2004 to the Mayor and City Council; Mike Robnett appeared and testified, and the
Council having received testimony as part of the record of this matter, and the applicant having
submitted his application for a request to amendment the hours of operation for this site, and which
application is herein received and adjudged by the City Council pursuant to Meridian City Code S 8-
ORDER OF APPROVAL OF MISCELLANEOUS APPLICATION TO AMEND THE PREVIOUSLY
APPROVED HOURS OF OPERATION FOR PROPERTY LOCATED ON THE NORTHWEST
CORNER OF LINDER ROAD AND CHERRY LANE FOR ROBNETI CONSTRUCTION, INC. (MI-
04-010)
Page 1 of4
2-5, and being fully advised in the premises does hereby make the following Findings of Fact and
Conclusions of Law and Order of Decision, as follows:
FINDINGS OF FACT
1. The property is generally located north of Cherry Lane and west of Linder Road,
within Cherry Crossing Subdivision, Meridian, Idaho.
2. The applicant of the subject property is Robnett Construction, Inc.
3. The owner of the subject property is Boise Surplus 2002, LLC, and Gary Hawkins
who is a registered agent for Boise Surplus 2002, LLC, has submitted consent for the subject
application.
4. The location ofthe subject property is presently located in a C-N zone.
5. The legal description of the property is on file in the City Clerk's office which is
located at 33 East Idaho Street, Meridian, Idaho.
The applicant, Robnett Construction, Inc., has requested modification to the previously approved
hours of operation for a recorded lot within Cherry Crossing Subdivision located on the north side of
Cherry Lane, west of Linder Road, in a C-N zone. The applicant is proposing to amend the hours of
operation from 6 am to 10 pm, seven days a week for the subject property, Lot 1, Block 1, Cherry
Crossing Subdivision No.2.
CONCLUSIONS OF LAW
1. Approval of this request to allow an amendment to the previously approved hours
ORDER OF APPROVAL OF MISCELLANEOUS APPLICATION TO AMEND THE PREVIOUSLY
APPROVED HOURS OF OPERATION FOR PROPERTY LOCATED ON THE NORTHWEST
CORNER OF LINDER ROAD AND CHERRY LANE FOR ROBNETI CONSTRUCTION, INe. (MI-
04-010)
Page 2 of 4
of operation for Lot 1, Block 1, Cherry Crossing Subdivision No.2, is based upon the
information provided by the applicant, staff conunents and testimony at the public hearing on
October 5, 2004, and which subject property is located north of Cherry Lane and west of Linder
Road, Meridian, Idaho.
IT IS HEREBY ORDERED THAT:
1. The subject application by Robnett Construction, Inc., is approved as requested and
the operating hours be from 6 am to 10 pm, seven days a week for Lot 1, Block I,
Cherry Crossing Subdivision No.2.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the City
Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A
request for a regulatory takings analysis will toll the time period within which a Petition for Iudicial
Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest
in real property which may be adversely affected by this decision may, wi thin 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.
ORDER OF AFPROV AL OF MISCELLANEOUS APPLICATION TO AMEND THE PREVIOUSLY
APPROVED HOURS OF OPERATION FOR PROPERTY LOCATED ON THE NORTHWEST
CORNER OF LINDER ROAD AND CHERRY LANE FOR ROBNETI CONSTRUCTION, INC. (MI-
04-010)
Page 3 of4
tA-- # J::1Y. aeti~~~Jdhe City Council at its regular meeting held on the /1 ~ay nf
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED EXCUSED
COUNCILMAN KEITH BIRD
VOTED-$- a....,.
VOTED~
COUNCILMAN CHARLIE ROUNTREE
-
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Jf~~&/l~ I (2 ~ ~ SEAL (J
William G. Berg, Jr.: Ci~ ~e~k ?-:~ ~ ~/b. ~ 0 g
"/ C> ~iSr 1S'i ' ~ .;;~'
~/ :<J Q ':f> 'ft ,".'
Copy served upon Applicant, the Planning/aJ}H~dH1'fft .o,~t,mhment, Public Works Department
and City Attorney. IIJlll"l Hil\\\-
Attest:
BY:c~~/'\J tJ0
City Clerk's Office
Dated: IO-d'S-Of
ORDER OF APPRO V AL OF MISCELLANEOUS APPLICATION TO AMEND THE PREVIOUSLY
APPROVED HOURS OF OPERATION FOR PROPERTY LOCATED ON THE NORTHWEST
CORNER OF LINDER ROAD AND CHERRY LANE FOR ROBNETT CONSTRUCTION, INC. (MI-
04-010)
Page 4 of 4
October 15, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT Liberty Development, Inc.
MI 04-008
October 19, 2004
ITEM NO. 5 - F
REQUEST Findings for Approval- Request to modify condition of approved PP regarding the
5-foot wide asphalt pathway within Nampa Meridian Irrigation District's easement for Castlebrook
Subdivision No.3 - ejo North Block Cot Road and south of West Cherry Lane
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY AlTORNEY
CITY POLICE DEPT:
CITY FI RE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SElTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER: k
contacted:~ ~ tr$".Avv Date: tOll 'i? 10'-( Phane: ~ y lis\? 9~oot3
Emailed: Qj.LDf?:Z......f?,tA,~ I~ t(}3{nR.~(S.l COn'l Staff Initials: tJ(
Materials presented at public meeflngs shall become property of the City of Meridian.
See attached Findlgns
rfJ 1/';'/
Mf
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION TO MODIFY THE
CONDITION OF APPROVED
PRELIMINARY PLAT
REGARDING THE 5-FOOT WIDE
ASPHALT P A THW AY WITHIN
NAMPA MERIDIAN IRRIGATION
DISTRICT'S EASEMENT FOR
CASTLEBROOK SUBDIVISION
NO.3. LOCATED EAST OF
NORTH BLACK CAT ROAD AND
SOUTH OF WEST CHERRY LANE
C/C 10/5/04
)
)
)
)
)
)
)
)
)
)
)
)
)
CASE NO. MI-04-008
ORDER OF CONDITIONAL
APPROVAL OF MISCELLANEOUS
APPLICATION
This matter coming before the City Council for Miscellaneous Application approval
pursuant to Meridian City Code for Miscellaneous Application, and the Council finding that the
Administrative Review is complete from Anna Canning, Meridian Planning and Zoning Department
Director, for the Planning and Zoning Department, to the Mayor and Council, the Council takes the
following action:
IT IS HEREBY ORDERED THAT:
1. The subject application by Liberty Development, Jnc, is approved subject to those
comments as presented by staffto the Mayor and City Council at the October 5,2004
City Council hearing, a copy of the minutes from this public hearing is attached
hereto marked Exhibit "A", and by this reference incorporated herein.
2. Meridian's City Council at their October 5, 2004 City Council hearing voted
unanimously to modify the condition of final plat approval for Castlebrook
ORDER OF CONDITIONAL AFPROV AL OF MISCELLANEOUS APPLICATION FOR A
P ATHW A Y IN A NMID EASEMENT FOR LIBERTY DEVELOPMENT, INC (MI-04-008)
Page 1 of3
Subdivision No. 1 Item MI 04-008, condition 1.13 to remove the reference to
approval offinal plat conditioned upon the agreement with Narnpa Meridian and that
the city recognizes and works with the applicant and Nampa-Meridian Irrigation
District so they understand it will be a public pathway.
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 ~ 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,
Idaho Code.
By action ofthe City Council at its regular meeting held on the
"0I1'!,
( -/ - day
of
~t/~
,2004.
By:
Tammy eerd
Mayor, City of Meridian
Attest:
ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR A
PATHWAY IN A NMID EASEMENT FOR LIBERTY DEVELOPMENT, INC (MI-04-008)
Page 2 of3
~-k~ < QJ '" SEAL", !;
William G. Berg, Jr., City lerk V' \."'70 04sr 1$\ . ,0 f? $:,f::
........ ':.t'J Jl' -,,:,
'/ -1 C 'tV ::'0'
Copy served upon Applicant, the Planning ;6'd/~ffI>>l.R\Qp'itbnent, Public Works Department, and
City Attorney.
By:~(t 4 a 1J"(L)
City Clerk's Office
Dated: lO~d5-04.
ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR A
PATHWAY IN A NMID EASEMENT FOR LIBERTY DEVELOPMENT, INe (MI-04-008)
Page 3 00
(
Item 16:
Public Hearing: M104-008 Request to modify the condition of the
approved Preliminary Plat regarding the 5-foot wide asphalt
pathway within Nampa Meridian Irrigation District's easement for
Castlebrook Subdivision No.3 by Liberty Development, Inc. -
east of North Black Cat Road and south of West Cherry Lane:
De Weerd: Okay. Clear as mud? Okay. Item 16 is a Public Hearing for MI 04-
008. I will open this Public Hearing for all those wishing to testify with staff
comments.
Canning: Madam Mayor, Members of the Council, we -- you had an opportunity
to discuss this issue, actually, a few weeks ago as related to Chesterfield, which
is just south of here, and the issue was the applicant offered as a -- offered an
off-site improvement as part of his application for Castlebrook Subdivision No. 2
preliminary plat and that offer was to -- I think I have a -- yeah -- was to construct
an off-site pathway within the Nampa-Meridian Irrigation District easement and at
that time we assumed that it would just fall within other easements that we have
or other arrangements that -- other arrangements that we have with the Nampa-
Meridian Irrigation District. When Mr. Amar went to go plat the third final plat,
this issue came up -- I'll show you that. No, I can't show you the third final plat.
Sorry. It covers a portion -- this portion of the pathway. And the Nampa-
Meridian Irrigation District said, no, you can't build a private pathway in that
easement, it has to be a City of Meridian pathway and -- he needs to take out the
pathway. So, the question before Council tonight is would you like to take over
ownership of that pathway when it connects. We will have one on the north side
of the drain and on the south side of the drain. So, we will have two pathway
systems. There is a bridge connecting to the park at this location. So, that's one
option and that wouldn't require modification to the preliminary plat necessarily.
The other option would be to just relieve him of the requirement to construct a
pathway.
De Weerd: Okay. Counsel, questions?
Bird: I don't have any questions.
Canning: I'm sorry, Madam Mayor. In Chesterfield I believe what -- I might have
to go back and look up the exact wording and maybe Mr. Amar could help me,
but I believe the decision was that the homeowners association would take care
of maintenance of the property until such time as the City of Meridian was ready
to assume those responsibilities. And that's similar to language we have
throughout the city. The intent is always that the city will eventually take over
maintenance of those pathways, Now I'm done. Sorry.
De Weerd: Thank you, Council, now do you have any questions? Okay.
Rountree: Madam Mayor?
"Exhibit A"
Page 1 of 8
\
De Weerd: Yes, Mr. Rountree.
Rountree: Not a question. Maybe a concern if we don't have any comments
from parks and recreation folks who would have to take this on within their
budget and their resources, I assume, at some point in time in the future.
Canning: Madam Mayor, Members of the Council, I was a little dismayed that -_
the no comment stamp that came back from Mr. Strong.
De Weerd: Would the Council liaison like to comment?
Wardle: Madam Mayor, I'm not going to comment on the specific actions of the
department head in regards to this, as far as it wasn't discussed with myself or --
in the scope of his duties. We are going to hear from the applicant in just a
minute; right?
De Weerd: Uh-huh.
Wardle: I'll hang onto my comments until then.
De Weerd: Okay. Is the applicant here?
Amar: In body.
De Weerd: Were you sworn in?
Amar: No.
De Weerd: Is the testimony you provide tonight the truth, the whole truth, and
nothing but the truth, so help you God?
Amar: Yes.
De Weerd: Thank you.
Amar: Thank you, Madam Mayor, Council Members. For the record, Kevin
Amar. I'll make this really brief.
De Weerd: And your address.
Amar: 114 East Idaho, Suite 230.
De Weerd: Thank you.
"Exhibit A"
Page 2 of 8
{
,
Amar: This is similar to the application in Chesterfield. In Chesterfield, as well
as this one, this is something that was not required by the city, it's not a portion of
a PUD -- in fact, Castlebrook is not a PUD, it's a straight subdivision. It is
something that we had requested doing to improve that area that's always left
open to weed -- weeds and nuisances. At the time we went forward Nampa-
Meridian had the policy of allowing a pathway, public or private, on their -- in this
case their land. This is not an easement, they actually own the property. Since,
then, their policy has changed and they require that it be a public pathway. So,
our request and our hope is not that it be removed, I still want the pathway and I
still want it landscaped, make it a public pathway and we will maintain it until the
city tells us they don't want us to maintain it anymore. So, as far as I believe
Council member Rountree's question of does the parks department have the
money in the budget, in my opinion if the parks department never wants to take it
over, they don't have to. That will be a determination by the parks department.
Some day they may want to, but if they don't have it in the budget, we are setting
it up and it's always been our intent to have the homeowners association
maintain it anyway. So, whether it's public or private, the homeowners
association was still going to maintain it.
Rountree: So, I guess my question is Nampa-Meridian District's position is public
in the sense that it's open to anybody or public in the sense that it's owned and
operated or operated by a public entity?
Amar: In a conversation that we had -- and I believe, Anna, were you in that
meeting when we spoke with Bill Hinton? He didn't care who maintained it, he
just wanted a public pathway. The pathway maintenance and -- I believe in
Chesterfield we talked about that, it can be sent out to whatever private entity to
maintain a pathway, but it's a public pathway.
De Weerd: Okay. Mr. Wardle.
Wardle: Madam Mayor, just to clarify, I believe the condition that Nampa-
Meridian Irrigation puts on is something that they are -- this is a new policy for
them. If the city is willing to take the ownership, certainly, the homeowners
association could maintain it and I think it's something that maybe -- I'm not sure
if we have to look into it legally or if this is -- the policy has begun because of
some of the state statutes for open recreation and those kinds of things as far as
liability is concerned and I think it's at least worth looking into for future
developments to look at -- and especially this one, but if the city needs -- is going
to get pathways -- and we had a pathway comment earlier, we need to do some
creative things and this is one of the -- one of the things -- this developer wants a
pathway, thinks it's an amenity, I agree, and if we can make it available we
should and we should maybe look into doing this on future projects if the
opportunity arises with the development community and the irrigation district.
"Exhibit A"
Page 3 of 8
Amar: I could comment about the preliminary plat. I think all of mine should just
be approved, I don't need to -- I'll leave that for your discretion. But I also don't
always get what I want.
Rountree: With staff conditions.
Amar: I just want to throw it out there.
De Weerd: Well, thank you for that --
Amar: I have sat here that long, I expect my voice to be heard. Not listened to,
but heard.
De Weerd: Your time is up. Anything else?
Amar: Thank you.
Watson: Madam Mayor?
De Weerd: Yes.
Watson: I know it's late and I hate to prolong the agony. I just want to be clear.
His plat has been hung up in my office for months because of this last lingering
issue. What will need to happen, in realty, is that the city will have to approve
and sign on the dotted line an addendum to the license agreement. That's what
I'm reading anyway.
Amar: Can I address that?
De Weerd: You bet.
Amar: Condition number three of the Findings of Facts and Conclusions of Law
state the pathway shall be constructed prior to the issuance of the first certificate
of occupancy permit of any lots adjacent to the pathway, which, to me, indicates
that the final plat will be recorded and we can be building houses. The pathway
just has to be constructed prior to a certificate of occupancy. So, I don't think that
would be hung up in your office.
Watson: Madam Mayor, I don't have those conditions in front of me, but the
construction I don't think is the issue. I think we required that you have a license
agreement for the pathway prior to plat signature. But that license agreement
couldn't be obtained between your company and Nampa-Meridian and so I think
we are headed into a direction where you're willing to be the contact, so to speak,
on the operation and maintenance, but the city is the licensee. So, it puts the city
in a position of being the contact for the irrigation district and enforcing the
"Exhibit A"
Page 4 of 8
maintenance with the homeowners association, unless I'm misunderstanding
this.
Amar: r don't see the license agreement, I'm just looking real quick, though. So,
I could be -- I have been heard, just not listened to.
De Weerd: Mr. Nary.
Nary: I also -- Madam Mayor, Members of the Council, I don't have the
conditions in front of me, but it would appear to me that they are going to have to
have some amendment to the condition to make sure that it's clear as to where
the future ownership and maintenance of this pathway is going to be and that's
the condition we are amending tonight. Once that's done, then, I don't think there
is a particular hold up. There should be some acknowledgment from Nampa-
Meridian at that juncture that that meets their satisfaction to allow that pathway to
be there.
Amar: I was wrong, it does say that the license agreement shall be signed prior
to the signature on the final plat. I guess I would --
Bird: That's the condition put on it.
Amar: Correct. I guess I would ask for some consideration. We have been
sitting in Brad's office for a long time. Or remove the condition of the pathway. I
guess that -- I want the pathway there, I would be happy to move forward, but
modify a condition so I can be out of Brad's office and get onto the Priester's
office -- on the Priester, Don Priester. I'm still more than willing to put in a
pathway, I just want to move forward with the project.
De Weerd: Okay. So, Mr. Nary, what do we need to do so this can all happen?
Nary: Madam Mayor, Members of the Council, I guess what I -- what I guess it is
is still up to Mr. Amar. I mean what I thought your testimony was that you're
willing to construct it and the only condition that the City of Meridian has to agree
to is that at some point in the future, if the city really wants to, they can take over
ownership. With that acknowledgment of -- if the Council is willing to do that
tonight, I guess I don't know how much more delay there would be with Nampa-
Meridian. I would assume it wouldn't be much and, then, Mr. Watson could sign
your plat.
Amar: Or the license agreement with Nampa-Meridian, which could take two to
three months, so --
Nary: And your only other option, then, is to -- to not agree to that condition and
remove the condition to build the pathway there, which you're saying you want
"Exhibit A"
Page 5 of 8
anyway. You were saying if you remove the condition, you will just build it
anyway? And, then, the Council doesn't -- and, Mr. Watson, 1--
Amar: Accept it as public. I guess -- I guess I'm a little confused on the
semantics. If the city is saying that we have to -- they are not going to issue -- in
the conditions they won't issue any certificate of occupancies for those lots
adjacent to the pathway prior to the pathway being constructed, can we sign the
final plat and move forward? That holds a number of lots for me to sell those
lots, which gives me guarantee or effort to construct this pathway. It still moves
the process forward, everybody gets what they want, but the process isn't
delayed on my behalf for another couple of months while I'm waiting for
semantics. I mean we are -- I guess that's what I'm asking. I'm not trying to be
difficultly, I'm not trying to be anything, I'm sure Anna's tired of me calling and
asking and I'm sure Brad is also. It's an issue we have been talking about for
months.
Nary: Madam Mayor, Members of the Council, I guess, Mr. Watson, I mean
what -- what's your thoughts on what he's asking? He's simply saying if there is
a condition that, instead, deals -- allows you to sign the plat now and there is
some other conditions later that still assure the performance of having the
pathway constructed, would that be satisfactory.
Watson: Madam Mayor, yes, I guess it boils down to whether you want the
pathway there. If the answer is yes, then, that condition tied to the final plat
signature could be deleted and the construction of it could be tied to another
milestone, such as CDs on those lots backing up to it.
Amar: Which it is tied to that already.
Watson: Right.
De Weerd: Okay.
Nary: So, you can do that?
Watson: Yes.
De Weerd: Any further clarification, Council, on what's being requested?
Rountree: Probably for specificity, if Brad has the condition number and the
modification, I assume, would be to -- if we want to do this, to allow the signature
of the final plat, without agreement with Nampa-Meridian, all other conditions to
be complied with.
Watson: Madam Mayor and Councilmember Rountree, it's in 1.13 of the order of
conditional approval. Submit a signed license agreement with Nampa-Meridian
"Exhibit A"
Page 6 of 8
Irrigation District for the pathway and culvert foot bridge prior to signature on the
final plat. That's the way it reads right now. You could probably delete that
whole sentence.
Rountree: Okay. And still accomplish the path.
Watson: There will need to be a license agreement at some point in the future.
Rountree: Actually, you could leave the first part of that sentence and just strike
the signature of the final plat.
Watson: Sure.
Rountree: Okay.
De Weerd: Okay. Okay. Well--
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we close the Public Hearing on Item No. 16.
Bird: Second.
De Weerd: Itls been moved and seconded to close the Public Hearing. All those
in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I move that we modify the condition of final plat approval for
Castlebrook Subdivision No.1, Item MI 04-008, condition 1.13, to remove the
reference to approval of final plat conditioned upon the agreement with Nampa-
Meridian.
Bird: Second.
Rountree: Just remove that last portion on the final plat.
Bird: Second.
Rountree: And that the city recognizes and works with the applicant and
"Exhibit A"
Page 7 of 8
Nampa-Meridian Irrigation District, so they understand that it will be a public
pathway.
Bird: Second agrees.
De Weerd: Okay. Is there any further discussion? The motion is to approve
Item 16. Hearing no further discussion, Mr. Clerk.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea.
MOTION CARRIED: ALL AYES.
"Exhibit A"
Page 8 of 8
October 15, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 19, 2004
ITEM NO.
5-K
REQUEST Water Easement for Pioneer Holding, Co.
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
~r
Contacted:
EmalJed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
RECEIVED
OCT 1 5 2004
City Of Meridian
City Clerk Office
Memo
To: Mayor de Weerd & City Council
From: Karie Glenn
cc: File
Date: 10/13/2004
Re: Proposed Agenda Items for 10/19/04 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
10/19/04 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Water Easement for Pioneer Holding Co.
Typical Water Easement.
Recommended Council Action: Approve the Water Easement for Pioneer
Holding Co. and authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration.
. Page 1
City of Meridian
Public Works Dept.
Memo
To: Public Works Dept.: Brad Watson
From: Mark David
cc: File.
Date: 1 0/11/2004
Re: Pioneer Holding Company Water Easement
Enclosed is the submitted executed water main easement. J have reviewed it for completion and it is
ready for city council approval.
MJD
From the desk of...
Mark David
Engineering Teclmician I
Meridian Public Works Department
660 E. Watertower Suite 200
Meridian, Idaho 83642
Ph: (208) 898-5500
Fax: (208) 887-1297
. Page 1
WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of September_, 2004_between Pioneer Meridian Group
LLC , the parties of the first part, and hereinafter called the Grantors, and the City
of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and
property hereina:fter particularly bounded and described; and
WHEREAS, the water main is to be provided for through an underground pipeline to be constructed
by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from
time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good
and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-
of-way for an easement for the construction, operation, maintenance, repair, replacement of a water
main over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water line and their
allied facilities, together with their maintenance, additional cOlmection thereto, repair and replacement
at the convenience of the Grantee, with the free right of access to such facilities at any and all times.
TO HA VB 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
construction, making repairs, perfonmng other maintenance or making subsequent connection to the
water line, Grante e shall restore the area of the easement and adj acent propertY to that existent prior to
undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for
repairing, replacing or restoring anything placed within the area described in this easement that was
placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area describe4 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
Water Main Easement
Page 1
Easmt Wtr
Pioneer -
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 ofland, and that they have a good and lawful right to convey
said easement, and that they will warrant and forever defend the title and quiet possession thereof
against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first herein above written.
. President & CEO
Member Manager
STATE OF IDAHO)
) ss
County of Ada )
On this '3 day of '5 ~~~rl:i/:, before me, the undersigned, a Notary Public in
and for said State, personally appeared Tt M f3 U^_J.D~ D and
, lmown or identified to me to be the President arid Secretary, respectively, of the
corporation that executed the within instrument, and aclmowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set myhand and affixed my official seal the day and year
fist above written.
.... IU.......
....'6 ".....
........ :'{ lA. M (],\. ""''''#
," ~-<Y ........ <Y.'" #~
~:";" ,," "" va ~
.: s .... .". ~ -:.
~ v ,," _\ 0 TAl> .. ':.
= : ~ ~'r ~ :
III . Cl .
: * : ~1'" : * :
.." C."
':.,. ~ P vB L"\ : i
." ."-flj
· f.P '"" .. 0 !II
~ .?> ". .0 ~~ ~
"*.. -1 '), ........ ",,-''',,4i
....#. ~"l1 ,..O.E-,!Q :.:,; 'It.
GRANTEE: CI~~r..I.'V~lAN
NOTARY PUBLIC FOR IDAHO
Residing at )::} Dr.1 ~
Commission Expires: I\..?OU :)', ':l..C:c.:>'1
Robert D. Corrie, Mayor
Attest by William G. Berg, City Clerk
Water Main Easement
Page 2
Easmt Wtr
Pioneer-
Approved By City Council On:
Water Main Easement
Page 3
Easmt Wtr
Pioneer -
TEALEY'S LAND
SURVEYING
~
2501 Bogus Basin Rd. . Boise, Idaho 83702
(208) 385-0636
Fax (208) 385-0696
'.-
Project No.: 2771
Date: September 3, 2004
DESCRIPTION
FOR
CITY OF MERIDIAN WATERLINE EASEMENT
EXHIBIT "A"
A parcel of land being a portion of the North 20' of Parcel "J" as shown on
Record of Survey No. 6550, on file under Instrument No. 104084952 in the Office of
the Ada County Recorder ,and situated in the NW 1/4 NW 1/4 of Section 21, T.3N.,
R.1 E., 8.M., Ada County, Idaho and more particularly described as follows:
BEGINNING At an iron pin marking the Northeast Corner of said Parcel "J";
Thence along the East Line of said Parcel "J",
South 00014'50" West, 20.00 feet to a point; Thence leaving said East Line
and along a Line being 20' Southerly of and parallel with the North Line of said
Parcel "J",
North 89045'10" West, 184.01 feet to a point; Thence leaving said parallel
Line and along a Line being Westerly of and parallel with the East Line of said
Parcel" J" 1
North 00014'50" East, 13.49 feet to a point on the South Line of the City of
Meridian Water Main Easement on file under Instrument No. 102125185 in the
Office of the Ada County Recorder; Thence leaving said parallel Line and along the
South Line of said Water Main Easement,
South 89037'41" East, 31.59 feet to a point on the East Line of said Water
Main Easement; Thence leaving said South Line and along the East Line of said
Water Main Easement,
North 00014'50" East, 6.58 feet to a point on the North Line of said Parcel" J";
Thence leaving said East Line and along the North Line of said Parcel "J",
South 89045'10" East, 152.42 feet to the POINT OF BEGINNiNG:
Said Parcel Contains 0.08 Acres ( 3,473 sq ft), more or less.
Water-ease.doc -Ihk
17 16
20 21
. EXHIBIT uBIl
20' WA T,ERLlN~ EASEMENT EXHIBIT FOR
THE CITY OF MERIDIAN .
A PORTION OP PARCEL "J" OF' ROS ,Np. 65.50
LYING IN, THE NW 1/4 NW 1/4, SECTlON,_ ~21,
T.3N., R.IE., 8.M., MER1DAIN, ADA COUNTY';'IDAHO
EAST OVERLAND ROAD S 89 ~ 13 '50" E
I " . "" r" ,
I
I r-:-"r~',"~:t_ :
,- - - - - - ~ 89 "45;~gl:; E E3~3~~9.421 ~fRg~EN:J~' I
~ Z_87'00~.~~~Jj;~_ ~o
L I ..JWLPB9~9.f9 ...f~~ 2t~~B.!,r~l~!D"tlIB)-~~.s~?~~~
N B9~45'JO" IN 184.01' 3=
20' CITY OF MERIDIAN
WATER MAIN ESM'T INST.
N
-
~
~
e
lI'
\,0
48'
J~
1['
# J02125]85
o
l~o
v-:
- (J'\
Q 1;;- (J'\
'0
~o
(J)
-
-
(j'I
r--..
(j'I
J lJ"\
I
0. =-, wi
<(~
Oif\ or
C!..o
~ In
W -
-.J ~
(2)3 0
<~ 0
We 0
If\ -
I- 0" Z
f-Yco
::J ;10
OOJO
(f) N
enl
~ ,
, ,
, -r
SCALE: ]" "" 50'
PARCEL lIJ"
ROS 6550
L3
-
\0
C\!
(T)
in
LINE
LI
L2
L3
L4
LS
L6
LINE TABLE
LENGTH BEARING
7.00 s 89"45'10" E
14.56 N 00 "14 '50" E
60.19 S 89"45'10" E
13.49 N 00"14'50" E
31.59 S 89"37'41" E
6.58 N 00~14'50" E
3=
-
o
In
.q-
o
o
o
U)
o
BOUNDARY LINE
SECTION LINE
PROPOSED EASEMENT LINE
RECORD PARCEL LINE
FOUND BRASS CAP
FOUND PIPE
FOUND 5/BIl IRON PIN
FOUND 1/211 IRON PIN
PLA TTED. LOT No,
CSIL VERSTONE
SUBDIVISION No.3)
LEGEND
s
(Q)
e
20 21
... ,
~ 1. or
Water-ease.dwg 09-08-04 08: 14: 15 Ikoemer
October 15, 2004
MERIDIAN CITY COUNCIL MEETING October 19, 2004
APPLICANT Police Department - Chief Musser
REQUEST Update on K-9 Building
Department Reports
ITEM NO.
6-8-1
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
~
~
Contacted:
Emailed:
Date:
Staff Initials;
Phone:
Materials presented cd public meetIngs shall become property of the City of Meridian.
HUBBLE to\?'1
rR"~-:-S--~---'----_.~~'~;~:~:::.~~E~-...-'
~ SUITE 106, MERIDIAN, ID 83642
ll' PHONE: 208.433-8800
~:. fAX: 208.466.0539
October 8, 2004
rr:-:;":;~~~~-:~~~;::;~
: ] <. ~.., ..1: ~>. r f I..J... _:~ ..J.~. i
I ,. ,
I OCT 1 ,~ 2004
by,= ~/~,._~j
Chief Bill Musser
Meridian Police Department
1401 E Watertower Road
Meridian, ID 83642
Re: Meridian K-9 Training Facility
Dear Chief Musser:
Earlier this week, we were contacted by Officer Scheihing regarding Hubble Homes
interest in the construction ofthe Meridian K-9 Training Facility, Although we are a
residential developer and homebuilder, we do have expertise regarding the civil site work
and building knowledge that would be required to design and construct this facility. As
such, we are honored to lead this effort to provide a first-class facility for the area's K-9
units,
To start, we have pledged the civil design and survey work required. In addition, we
have several contacts in the underground and building industry that would likely be
interested in donating to this great cause. We will assist the City of Meridian in locating
potential donors, We look forward to working with you towards the successful
completion of this project.
Sincerely,
~.
Matthew B. Schultz, P.E.
VP Land Development
October 15, 2004
MERIDIAN CITY COUNCIL MEETING October 19, 2004
APPLICANT Mayors Office
REQUEST Appointment to Parks and Recreation Commission
Department Reports
ITEM NO.
6-C-l
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:
~
rrffl/loA f tJvJ
1~
ur
e/{Sv!
Contacted:
Emoiled:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of !he City of Meridian.
__ _ _.... ... ~~...~ ........vv.( '. .;IU
v~l\.ru- 1"' UK - ~:H!;NATt
[gjOOI/003
RECEIVED
City of Meridian
33 East Idaho Ave
Meridian. ID 83642
OCT 1 5 2004
City Of Meridian
City Clerk Office
October 8, 2004
VIA FACSIMILE
208-888~4218
Dear Mayor de Weerd and City Council Members,
It is my honor to submit my name for consideration of the vacant position of the
Meridian City Council. As a resident of Meridian, I have been eager to commit of
myself to a role of public seNice. I believe this opportunity provides just that role
where I can be of benefit to the city and the community which my family and I so
proudly live.
My diverse background in community service, outreach and government policy, I
believe, can bring a unique and valuable resource to the City of Meridian and the
City Council. My work as a policy and regional director with United States
Senator Mike Crapo has given me the experience of working with communities
and a myriad of issues. From federal funding, community development, political
consensus building to community events, these are all areas of which I have had
experience.
I truly believe that I represent a significant sector of the Meridian population. As
a young professional, with a family whom uses city services such as our library
and parks on a regular basis I understand the needs and challenges of city
government. Furthermore, as an experienced policy maker I understand what it
takes to build good government and policy that can build positive, healthy
communities.
Thank you, first and foremost, for your commitment to serve Meridian and
families such as mine, and you consideration toward my joining you in that
service. I welcome the opportunity to meet all of you and answer any more
questions that you may have of me in this process.
Matthew Ellsworth
2744 Gemstone
Meridian, 10 82642
208-859-2599
nrT ~Q '~d 1~:?~
_ _ _........., v .J.',nn.. 4VUt.l-Ll..l;( 0
t;l<1\.YU-J;<'UJ:(-::>ENA'1'E
@002/003
Matthew Ellsworth
An eighth generation Idahoan, Matthew has committed his career to serving
communities all over Idaho, Educated at Albertson College of Idaho, he received
his Bachelors Degree in Politics and International Relations as well as minors in
Leadership and Classical History. While at college Matthew served as a multiple
term Senator and Vice President of the associated students. The Deans list and
a National Raking as a member of the debate team are some of his
accomplishments from his tenure at Albertson College. He now serves as a
member of the National Alumni Board of Directors,
Currently, Matthew is the Campaign Manager for the reelection campaign of
United States Senator Mike Crapo of Idaho, Previously, he worked for Senator
Crapo as a Regional Director in both The Southwest and the North Idaho districts
of Idaho over the past five years. In those roles, Matthew served as policy staff,
community outreach and political director. Beyond Senator Crapo, Matthew has
worked for the JR Simplot Complany, Idaho Association of Commerce and
Industry, Idaho State Legislature and numerous statewide and local campaigns.
Matthew currently lives in Meridian, Idaho with his wife Amy and their two
daughters Madison and Phoebe.
nrT ~D '~A 4~~~1
__. ~.. ___'. _A' vv .a.. ..VO<l'tV.... 0
~KArU-YUK-~ENdrE
@003/003
Matthew G. Ellsworth
ED()(:" nON
WORK EXPERIENCE
HONORS & Sf.RVICE
2744 W Gemstone Drive
Meridian, 1D 83642
208-859-2599
e Ii 'i.':~iorrh(d1!)um ,n! ~~.ng~Jl.:..~dl\
Albertson College of Idaho (Caldwell, ID)
SA in Politics & International Relations
Minor in Leadership Studies
June 1999
Capital High School (Boise. lD)
May 1995, Graduate
RNC Campaign Management College (Washington DC)
April 2003, Graduate
Leadership Idaho Agriculture (Idaho)
July 2002, Graduate
CRAPO FOR US SENATE (RE-ELECTION)
Campaign Manager (Boise, ID)
CEO ofa statewide campaign organization. Full statfmanagement, million plus dollar
budget management, fundraising, voter identification, media relations and state/local
government relations.
October 2003 to present
US Senator Michael D. Crapo
Regional Director (Cocur d'Alene, lD)
Coostituent Services, Natural Resources, Community Relations, 5 County Region,
State Political Director
January 2002 10 October 2003
Regional Director (Caldwell, lD)
Constituent Services, Casework, CommunitY Relations, 6 County Region
July 1999 to January 2002
(Work his/ol)' to 1997 available upon request)
Albertson College National Alumni Board
Idaho Young Republican Federation
Vice-Chairman, Canyon County Republican Party
Chairman, Caldwell Youth Leadership
Dean's List, Albertson College
Debate Team, All Conference Team
ACI College GOP, Chairman
Albertson College ASACl Vice-President
Lee Atwater Award for Republican Leadership
Leadership Boise Graduate
2002-present
I 999-present
2001-2002
200 J -2002
1999
1999-2000
1997-/999
1997- J 998
1998
1994
October 15, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 19, 2004
ITEM NO.
13
REQUEST Water, Sewer and Trash Delinquencies
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:
~,y/
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at pUblic meetings shaJJ become property of the City of Meridian.
October 15, 2004
MERIDIAN CITY COUNCIL MEETING
APPLlCANT Leon Smith
RZ 04-010
October 19, 2004
ITEM NO.
14
REQUEST Ordinance - Request for a Rezone of .68 acres from R-4 to O-T zones for Mittleider
Rezone - 125 West Cherry Lane and 1645 West 1st Street
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 WESl:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
contacted:~~~
Emailed:
See attached Ordinance
~A t I \
1/" OJ
\~..../'
Date: ~ Phone: 73']- C;C.'if?
Staff Initials: JJ2
,
Materials presented at public meetings shall become property of the City of Meridian.
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.e. ~ SO-901(A)
CITY OF MERIDIAN ORDINANCE NO. 04- {({I
PROVIDING FOR A REZONING ORDINANCE
An Ordinance of the City of Meridian granting rezoning for land owned by
Novella Mittleider, Janice Mittleider Smith and Leon Smith., known as 125 West Cherry
Lane and 1649 West First Street, consisting of .68 acres and commonly located on the
south side of Cherry Lane, approximately 320 feet west of Meridian Road, between West
1st Street and West 2nd Street, in Section 12, Township 3 North, Range 1 West, Boise
Meridian, City of Meridian, Ada County, Idaho, with a zoning designation ofO-T Old
Town District; and providing for effect of invalidity; providing that all ordinances and
resolutions in conflict are repealed and rescinded; and providing an effective date.
LEGAL DESCRIPTION
(125 West Cherry Lane)
Lots 1 and 2 of Block 2 of WILSON ADDITION TO MERIDIAN,
according to the official plat thereof, filed in Book 12 of Plats at 708,
records of Ada County, Idaho.
EXCEPTING THEREFROM:
Any lands on the north boundary of Lots 1 and 2, which fall within the
Cherry Lane south right-of-way, identified as any property north of a line
40' from and parallel to the centerline of Cherry Lane. This exception is
intended to include 15' of additional right-of-way, to the original 25' of
right-of-way south from the centerline of Cherry Lane.
(1649 West First Street)
Lots 3 and 4 of Block 2 of WILSON ADDITION TO MERIDIAN,
according to the official plat thereof, filed in Book 12 of Plats at 708,
records of Ada County, Idaho.
EXCEPTING THEREFROM:
Any lands on the north boundary of Lots 3 and 4 which fall within the
Cherry Lane south right-of-way, identified as any property north of a line
40' from and parallel to the centerline of Cherry Lane. This exception is
intended to include 15' of additional right-of-way, to the original 25' of
right-of-way south from the centerline of Cherry Lane.
A full text of this ordinance is available for inspection at City Hall, City of
MeridiX' 33 East Idaho, Meri<J.ian, Idaho. This ordinance shall become effective on the
I f1-day of t!Jc/z9~ ,2004. \\\lllIIIlJJ/
\\\\ 1II1
,\"'..J Of MEfi/l,IIII{
" -<. '\ .{JI I"
,'" ~, '"1.. ........
.f CJ f:p'f.,POFl,l/ h '..z.,.~.
2 ~ ~o ~
-
dI~
SEAL
7: r?
::; 'Q,..... ..,cf? D g
~ 1"() ~o'r 191 . ~.$"
.... '1 .t.,; ~
-;..,. a ~T,,:-
First Reading: / t? -1'7-& f- "/I{III/J~~~~~l\\;'\\\\\'"
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
50-902: YES K'" NO
Second Reading:
Third Reading:
City of Meridian
Mayor and City Council
By: William G. Berg, Jr., City Clerk
z:\ Work\M\Meridian\Meridiall I 5360M\Mittleider RZ 04 0 I O\OrdinSunun RZ-04-0 lO.doc
ADA COUNTY RECOr.-' J. DAVID NAVARRO
~OISE IDAHO 11/01K. ;3:32 PM
~~~~~6E~i:kM~I~~ST OF 11111I11II11111I11I1111I~1I1111111111
Meridian Oily 10413918::::
AMOUNT .00
5
CITY OF MERIDIAN
ORDINANCE NO. 04- / II (
AN ORDINANCE FINDING THAT, NOVELLA MITILEIDER, JANICE MmLEIDER SMITH AND
LEON SMITH, THE OWNERS OF CERTAIN REAL PROPERTY KNOWN AS 125 WEST CHERRY
LANE AND 1649 WEST FIRST STREET, CONSISTING OF .68 ACRES AND COMMONLY
LOCATED ON THE SOUTH SIDE OF CHERRY LANE, APPROXIMATELY 320 FEET WEST OF
MERIDIAN ROAD, BETWEEN WEST 1 ST STREET AND WEST 2ND STREET, IN SECTION 12,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA
COUNTY, IDAHO, AND WHICH LIES WITHIN THE CITY LIMITS OF THE CITY OF MERIDIAN,
COUNTY OF ADA, STATE OF IDAHO; HAVE MADE A REQUEST FOR REZONING IN
WRITING TO THE COUNCIL; AND THAT SAID LAND BE REZONED AND DESIGNATED OLD
TOWN DISTRICT (0- T); REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS
THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CLERK OF THE CITY OF
MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO
BE REZONED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR,
AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN,
COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the
City of Meridian, Idaho, and that the City of Meridian has received a written request for rezoning by the
owners of said Property, to-wit:
REZONING ORDINANCE (RZ 04-010)-1
LEGAL DESCRIPTION
(125 West Cherry Lane)
Lots 1 and 2 of Block 2 of WILSON ADDITION TO MERIDIAN, according to the
official plat thereof, filed in Book 12 of Plats at 708, records of Ada County, Idaho.
EXCEPTING THEREFROM:
Any lands on the north boundary of Lots 1 and 2, which fall within the Cherry Lane
south right-of-way, identified as any property north of a line 40' from and parallel to
the centerline of Cherry Lane. This exception is intended to include 15' of additional
right-of-way, to the original25' of right-of-way south from the centerline of Cherry
Lane.
(1649 West First Street)
Lots 3 and 4 of Block 2 of WILSON ADDITION TO MERIDIAN, according to the
official plat thereof, filed in Book 12 of Plats at 708, records of Ada County, Idaho.
EXCEPTING THEREFROM:
Any lands on the north boundary of Lots 3 and 4 which fall within the Cherry Lane
south right-of-way, identified as any property north of a line 40' from and parallel to
the centerline of Cherry Lane. This exception is intended to include 15' of additional
right-of-way, to the original 25' afright-of-way south from the centerline of Cherry
Lane,
SECTION 2: That the above-described real property be, and the same is hereby rezoned.
SECTION 3: That the real property herein by this ordinance rezoned hereinabove described
shall be zoned Old Town District (O-T).
SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as
the official zoning maps, and all official maps depicting the zoning districts afthe City of Meridian in
accordance with this ordinance.
REZONING ORDINANCE (RZ 04-010) - 2
SECTION 5: All ordinances, resolutions, orders or parts thereofin conflict herewith are hereby
repealed, rescinded and annulled.
SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval
and publication, according to law.
SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the days
following the effective date of this ordinance, duly file a certified copy of this ordinance and a map
prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the
County of Ada, State ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file
simultaneously a certified copy ofthis ordinance and map with the State Tax Commission of the State of
Idaho.
}OJ.j't
PAS~ED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ( -, -- day of
tl~/~ ,2004.
AP~OVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this I ql!- day of
g~ ,2004.
ATTEST:
SEAL
'Y. r!?-
~ vQu ,OJ 0 .~
~ "'1A '&r 15\ . .:c.f
........ "....:1 C\'t- '':'
// C \v...'
r'///, aUNT'!..,";'
~JJ~'.;.'~ol ., \\,\",:;1.'\
- I- ~ ..
REZONING ORDINANCE (RZ 04-010) - 3
First Reading: I & -( If - 04-
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-
902 Yes: )C No:
Second Reading:
Third Reading: ..-
STATE OF IDAHO, )
)ss.
County of Ada )
On this / ~ day of 6c..l-o h-er , 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G.
BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian,
Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written,
"WI nu,.,..,
.....".., CB L II"
...' 4\ . SA I"
~ 'i'>\.~ ......"'",.: ~./' I..
.! '\ .... "~" )> ~
... ~J;l .."r~ ..,.
: .. ...'01'/. ~.-r ~
.... .)..... ...J f. _
:*: I ~ ::
: · ...... Ciao ( :
: -: ~~~
.. .. .pr, C t ..
~ "II vBL1' 0<< ::
-:'~"Q tt-ft::'
~ .<f ..... "f< 0 .,"
"'tI: "I)~ .ef..otijJm~Q:~ ~ ~
...., li en .1D.~ ....~
Z:\ Work\M\Meridjan\Meri~~n.Ji.3o~~~Wii1~der RZ 04 0 I OW ittleider AZOrd RZ-04.0 I O.doc
(SEAL)
PUBLIC FO IDAHO
SID GAT: M.er/d/ill1.
MMISSION EXPIRES: OYfr"7
REZONING ORDINANCE (RZ 04-010) - 4
-
..;:"
..",..
'\
~
~
~ G
.~ f-
~ (L 6
fr: ill
~ 0 ~
C\
ill (l)
ill ~
0 z
G
-1 <J)
<( ...J
3
~
ill
---1
w
Z
-<t
--11
-\>t-
"l~
~!l
ill
::I
U
~
l_
Jj(2l-,l2't'
"--
)
r--
1332::119 lS~I:::l 'M
.~0~1
I I
I ,
t I I J I I J J I
__L__L._J__.i__ L__I_ _J _ .i__L ___
<l) 0
,.: ill
U. 0
d <1:
lI..
<l) <l)
~ <i:J
tl\
<'t.
l<) '"
Q
€I
15'r15"'l"
~r6"
ClX~~
.J OC.n
~~~:;;-
~
~
&
iii
Z
-q
-=1 -.J
lL
ill
r
"1" bl d)
t- -.J
G ~
... <[
..J Jl
:::J
I-
[LQ
ill';
0'::
Z'"
a~
OM
~
Q
,
i:!
'" ~l
I-
0
e ..J
":0< mOlOI
..tSl
11(21",10
~
.l)
'I :!:
..G;l-.i:r I ~
UJ
lL
~
U
e ".,
0
:i
'" ~ ~l
f-
() - ...
-..- ..J oJ\
<l)
w ~
0
,.: <1:
lL
lL <I)
d 01\
.-- ill '"
~ ~ I
tl'I
<'t.
l<) ... t
~~~~ l-
e ~I
..J
-r_-.
9x~~ e
S-<1:~
1O:;f(L..-,-
"'-,- -r- '--T--r--,--,- T --r---
.~: i : : : : ~ : :
I I , I I I r ~ I
,~"'.I
~
133?;!lS CNO::J39 . JI\ ~
~
'"
~
October 15, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 19, 2004
ITEM NO.
REQUEST Award of Bid for 2004 McMillan Water Extension Project to Masco, Inc. for $326,075
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
y-tlvJJ
tff
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at publiC meetings shaJl become property of the City of Meridian.
City of Meridian
Public Works Dept.
RECEiVED
OCT 1 it ZOU4
Memo
City of Meridian
City Clerk Office
To: Will Berg; Tara Green
From: Clint Dolsby, Staff Engineer
CC: Brad Watson, Public Works Director
Date: 10/14/2004
Re: Proposed Agenda Item for October 19, 2004 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the
October 19 City Council agenda, under Consent Agenda, for Council's consideration:
2004 McMillan Water Extension Proiect. Six bids were received for this project as
summarized below and detailed in the attached spreadsheet:
. Masco, Inc $326,075
. Lurre Construction, Inc $405,000
. Brown Construction, I nc $331,056
. Bodiford Construction, Inc $485,680
. Sommer Construction $367,862
. Owyhee Construction, Inc $333,390
This project consists of construction of approximately 3,500 L. F of 12-inch diameter PVC
water main, 2,000 L.F. of 16-inch diameter PVC water main, lO-inch Pressure Reducing
Station, connections to existing water mains, traffic control, miscellaneous valves, fittings,
appurtenances, and surface restoration.
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for the 2004 McMillan Water Extension
Project with Masco, Inc for $326,075 and authorize the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these. items.
. Page 1
~~ ~D~~ QuttiGf\.kj\\\ltC':'lY1owtltb '.
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 19,2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle Christine Donnell
Charlie Rountree Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Joe Anderson, with Cole Community
Church:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Findings of Fact and Conclusions of Law for Approval: AZ 04-
021 Request for Annexation and Zoning of 10 acres from RUT to
R-8 zone for Arcadia Subdivision by C7 Development - 3665
Jericho Road:
B. Findings of Fact and Conclusions of Law for Approval: PP 04-
028 Request for Preliminary Plat approval for 33 single family
residential building lots and 3 common lots on 10 acres in a
proposed R-8 zone for Arcadia Subdivision by C7 Development -
3665 Jericho Road:
C. Findings of Fact and Conclusions of Law for Denial: VAR 04-
006 Request for a Variance from MCC 11-10-6 to allow a
childcare/preschool for five or fewer children to be operated in a
required garage area of a single-family home in an R-4 zone for
Earl and Donna Bohrn by Earl and Donna Bohrn - 1451 North
Santa Rosa Place:
D. Findings of Fact and Conclusions of Law for Approval: M104-
010 Request to a modify the hours of operation approved
previously under CUP 01-016 from 8 am to 10 pm Monday thru
Saturday and 9 am to 9 pm Sunday to 6 am to 10 pm seven days a
Meridian City Council Agenda - October 19, 2004 Page I of3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring acconunodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting,
week for Cherry CrossinQ Subdivision by Robnett Constructionj
Inc. - northwest corner of West Cherry Lane and North Linder
Road:
E. Findings of Fact and Conclusions of Law for Approval: MI04w
009 Request to allow a one-time lot division to separate an un-
platted parcel into two parcels in an I-L zone for Joe Pachner by
Joe Pachner - 850 West Franklin Road:
F. Findings of Fact and Conclusions of Law for Approval: M104-
008 Request to modify the condition of the approved Preliminary
Plat regarding the 5-foot wide asphalt pathway within Nampa
Meridian Irrigation District's easement for Castlebrook
Subdivision No.3 by Liberty Development, Inc. - east of North
Black Cat Road and south of West Cherry Lane:
G. Award of Bid for 2004 McMillan Water Extension Proiect to
Masco, Inc. for $326,075:
H. Resolution No. Establishing
Appointments for Board Members and Alternates to the Vallev
Ride ReQiona' Transportation Authoritv:
I.
Resolution No.
: Public Works Fees:
J. Order to Remand back to Planning and Zoning Commission
for Ventana Subdivision. AZ 04-019, PP 04-026, and CUP 04-
028:
K. Water Easement for Pioneer HoldinQ. Co.:
6. Department Reports:
A. Public Works Department - Brad Watson
1. Quenzer Commons Condominium Plat:
B. Police Department - Chief Musser
1. Update on K.9 BuildinQ:
C. Mayor's Office
1. Appointment to Parks and Recreations Commission:
7. (Items Moved from Consent Agenda)
Meridian City Council Agenda - October 19,2004 Page 2 on
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.
(:
8. Public Hearing: AZ 04..Q24 Request for Annexation and Zoning of 47.66
acres from RUT to R-4 zone for proposed Silverleaf Subdivision by
Centennial Development, LLC - 2683 West Chinden Boulevard:
9. Public Hearing: PP 04-031 Request for Preliminary Plat approval for 143
single-family residential building lots and 1 9 common lots on 47.66 acres
in a proposed R-4 zone for proposed Silverleaf Subdivision by
Centennial Development, LLC - 2683 West Chinden Boulevard:
10. Public Hearing: CUP 04..033 Request for a Conditional Use Permit for a
Planned Development consisting of a school lot and single-family
residential lots with reductions to the minimum requirements for lot size
and street frontage for proposed Silverleaf Subdivision by Centennial
Development, LLC - 2683 West Chinden Boulevard:
11. Public Hearing: AZ 04-023 Request for Annexation and Zoning of 76.72
acres from RUT to R-4 zone for proposed Kinasbridae Subdivision by
Vision First, LLC - 4070 South Eagle Road:
12. Public Hearing: CUP 04-032 Request for a Conditional Use Permit for a
Planned Development consisting of single-family residential lots with
reductions to the minimum requirements for lot size, street frontage and
request to exceed the maximum block length allowed for proposed
Kinasbridae Subdivision by Vision First, LLC - 4070 South Eagle Road:
13. Water, Sewer and Trash Delinquencies:
14. Ordinance No. RZ 04-010 Request for a
Rezone of .68 acre from R-4 to an O-T zone for Mittleider Rezone by
Leon Smith - 125 West Cherry Lane and 1645 West 1 st Street:
Meridian City Council Agenda - October 19, 2004 Page 3 on
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accorrnnodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
CITY OF MERIDIAN
DEPUTY CITY ATTORNEY
GENERAL STATEMENT OF DUTIES: Performs professional any and all legal services for the
City; and related work as required, This position is appointed and at-will and serves at the pleasure
of the Meridian City Attorney.
DISTINGUISHING FEATURES OF THE CLASS: An employee in this class spends a majority of
their time providing civil legal assistance to all City Departments, the Mayor, and the City Council.
The position is expected regularly to attend City Council, Planning and Zoning Commission, and
Parks Commission as directed by the City Attorney. At those meetings this attorney will provide
advice and counsel to the Mayor, City Council, City departments, City Conunissions, Boards, and
other City clients. The incumbent is expected to develop an expertise in the functions of all
Department or Division and work independently with civil customers. In addition, the incumbent
will mentor other attorneys and staff in the office, The position may also be required to perform
occasional criminal prosecution work as assigned. This position shall act in the place of the City
Attorney, on occasion, when required.
EXM1PLES OF WORK: (Illustrative Only)
Acts as legal consultant to City departments and divisions on special projects or issues or on
particular areas of expertise; reviews and finalizes legal research and opinions of less senior
attorneys; regularly attends meetings to provide advice and counsel to the Mayor, the City Council,
City Departments, City Commissions, Boards, and other City clients; represents the City at civil
hemings and trials; reviews incoming complaints and papenvork as assigned or delegated by the City
Attorney; reviews or responds to public records requests; drafts media releases; assigns work to less
senior attorneys and paralegals with approval of the City Attorney; provides guidance and mentoring
to less senior attorneys on criminal and civil matters; represents the City in grievance and
unemployment hearings, represents the City in criminal prosecution matters as necessary.
MINIMUM QUALIFICATIONS (Knowledge and Abilities)
Knowledge of the principles of both criminal and civil law; of civil and criminal trial procedure; of
civil and criminal rules of evidence; onegal ethics; of more complex parliamentary process utilizing
Roberts Rules of Order; of expertise in the particular functions all of the Department or Division of
the City of Meridian.
Ability to review, proof, and critique legal research and opinions of others; to work more
independently with civil customers and keep team leaders and other key personnel regularly
informed; to help develop norms among team members; to represent the City before outside
agencies, committees, and elected and/or appointed officials; to provide training both one-on-one and
in group settings to other attorneys and internal staff. The position may also be required to act as a
representative ofthe City in regards to potential legislation, with other entities including the State
Legislature.
(
ADDITIONAL REQUIREMENTS: Admission and good standing with the Idaho State Bar.
/
\
CITY OF MERIDIAN
PARALEGAL~EGALSECRETARY
GENERAL STATEMENT OF DUTIES: Reviews legal cases, identifies and researches legal issues,
and drafts legal documents to support attorneys practicing both civil and criminal law. Additionally,
performs secretarial, clerical, and technical legal work supporting attorneys practicing both civil and
criminal law . Also performs related work as required.
DISTINGUISHING FEATURES OF THE CLASS: The Paralegal nmction ofthis position requires
the performance ofparalegal activities which include exhaustive and in-depth research, drafting of
summaries and briefs, investigative interviewing, An employee in this class assists with criminal
prosecution and civil litigation by researching points oflaw, reporting findings to staffattomeys, and
in writing initial legal documents for final approval by attorneys. These activities relieve attorneys of
substantive legal functions in areas that do not require law degrees when done under the supervision
of an attorney, Issues requiring legal interpretation or opinion are referred to an attorney; however,
incumbents work with considerable independence within established guidelines. The Legal Secretary
function performs technical work which requires some lmowledge of legal/litigation procedures.
Employee is required to interpret governing regulations, policies, and procedures as well as explain
departmental policies and procedures to both the public and other employees. At full proficiency, the
employee relies on practical experience (2 or more years) to assist the attorney wi th more technical
aspects of the legal process and case management, including suggestions of a technical nature which
enhance prosecution of a case. Incumbent works with considerable independence within established
guidelines.
EXAMPLES OF WORK: (Illustrative Only)
For Paralegal duties this position will analyze case documents, identifies legal issues, and drafts legal
briefs, pleadings, and motions; identifies, researches, and analyzes case law, statutes, and legislative
history regarding, pertinent legal issues to determine case relevancy and applicability and drafts
summaries; researches various legal issues and drafts outlines for attorney use in preparing
presentations; develops database of legal research an documents; utilizes advanced technology to
create presentation for City Attorney; manages paper flow in the direct area of activity such as real
estate closings and collections; drafts and reviews legal documents including affidavits, stipulations,
discovery responses, agreements, deeds, deposition summaries, opinions/findings, probation
violations, and pleadings such as motions, affidavits, orders, summons, complaints, stipulations,
briefs, and related correspondence; develops queries and uses WESTLA W, law library, legislative
library, and other legal research resources to research federal and state laws and rules, court
decisions, legal periodicals, administrative rules, etc.; drafts ordinances and resolutions; analyzes and
interprets complex legal information; explains legal information orally or in writing and
distinguishes between information that can be provided only by a licensed attorney; responds orally
or in writing to inquiries or requests for information; reviews cases for deadlines, procedural
compliance, completeness, and accuracy and takes or calendars appropriate action; determines
jurisdiction and files pleadings with appropriate state and federal courts; notifies parties of actions
taken and legal documents filed; monitors, reviews, and tracks proposed and enacted legislation to
determine impact on department and informs City Attorney.
For the Legal Secretary functions this position will open and close case and workload project files;
enter and modify required data from cases/workload projects into computer databases; processes
incoming legal forms, records, or other documents (including criminal complaints, citations,
warrants, etc.); researches files, documents, or other sources for information; contacts others orally to
obtain information; contacts others in writing to obtain information; analyzes and interprets complex
legal information; prepares legal documents including correspondence, opinions/findings, probation
violations, and pleadings such as motions, affidavits, orders, summons, complaints, stipulations,
briefs, etc.; explains legal information orally and distinguishes between information that can be
provided only by a licensed attorney; responds orally to inquiries or requests for information;
identifies needs or problems and determines corrective action; recommends solutions to complex
problems; proofreads material for accuracy, completeness, grammar, and punctuation; reviews letters
or documents to determine ifthey conform with policies or regulations; files necessary documents
with the appropriate authority (agency, District Court, Court of Appeals, etc.); maintains reference
files and associated logs; manages calendaring system, creates ticklers for case files and workload
projects, and pulls appropriate files; sorts, files, indexes, and/or scans office records, legal
documents, and case materials; creates draft discovery and other similar documents for review by an
attorney; writes draft pleadings and agreements based upon the general instruction of an attorney;
tracks assigned cases to assist an attorney with court case management and to help assure events are
accomplished in the proper sequence and in the proper time frame; assists an attorney in the
preparation of files for litigation; may take and transcribe dictation of a legal nature,
MINIMUM QUALIFICATIONS: (Knowledge and Abilities)
Good knowledge of legal research methods; of the court system and procedures of legal ethics; of
trial procedure and the rules of evidence; oflegal terminology, forms, and procedures; of what legal
information can be paralegal and what can only be provided by a licensed attorney.
Ability to identify, research, and analyze legal issues; to communicate effectively verbally and in
writing; to identify and prepare appropriate legal documents; to interpret governing regulations,
policies, and procedures; to effectively explain departmental and court policies and procedures under
adverse conditions; to handle high-volume caseload responsibilities; to exercise independent
judgment in decision-making; to prioritize workload, interrupt work in progress, and move from task
to task as needed; to maintain high level of confidentiality.
For the Legal Secretary functions this position will require knowledge oflegal terminology, forms,
methods, and procedures; of what legal information can be provided by a support staff person and
what can only be provided by a licensed attorney; oflegaI/litigation procedm-es; citation rules; rules
of the court; the discovery process; trial preparation processes; and case file management.
Ability to interpret governing regulations, policies, and procedures; to effectively explain departmental and court
policies and procedures under adverse conditions; to operate a PC using word processing, database, e-mail,
document management, imaging/scanning, and/or spreadsheet software; to type minimum 50 wpm; to
consolidate information from various sources into a prescribed fonnat; to make relatively complex mathematical
computations rapidly and accurately; to handle high-volume caseload responsibilities; to exercise independent
judgment in decision-making; to prioritize workload, interrupt work in progress, and move from task to task as
needed; to maintain high level of confidentiality.
Extraordinary qualifications would include ability to take and transcribe dictation of a legal nature; two or more
years of experience in legal enviromnent.
DELINQUENCY FOR TURN
OFF SCHEDULED FOR
October 20, 2004
CYCLE 1
:.!-j" c.-'
, .1- ~. .
MAYOR: 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, October 19,2004, 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 bilLisdelinquent. Youmayretain:.""", '"
:):counsel~.:'Ihis:service ;wilL:be;discontinued \onOctober20:,iu
.: :2.00411ruess,'payment is received in fulL Is there anyoriej,
:;presentwhowishesto;contesthisorherwater; sewerandL:;.,;~;':, ' j'
trash delinquency? ~.:; ,)!. :.~ ,.' >
c.i.
(N 0 response.)
(~, .1., :'''\ "j
MAYOR: They are hereby informed that they may appeal
or have the decision of the City reviewed by the Fourth
Judicial District Court, pursuant to Idaho State Code. Even
though they appeal, their water will be shut off. The
amount of the turn-off list is $39,996.02