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HomeMy WebLinkAbout2002-09-03 ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 3,2002, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd ~ Cherie McCandless )(' Mayor Robert Corrie , ~ y Bill Nary Keith Bird 2. Adoption of the Agenda: o/rro ~ 3. Consent Agenda: A. Approve minutes of August 20, 2002 City Council Regular Meeting: ti/~~ B. Findings of Fact and Conclusions of Law for Approval: M102- 006 Request for an Amendment to the Area of Impact by Capital Development (Bristol Heiahts) - southeast corner of Chinden Boulevard and North Locust Grove Road: ~V'e- C. Findings of Fact and Conclusions of Law for Denial: CUP 02- 013 Request for a Conditional Use Permit for four 4-plex units on 1.08 acres in an L-O zone on Lots 4 and 5, Block 2 of Scottsdale Subdivision by CaW. Construction, Inc. - West Alden Drive, at the southwest corner of West Franklin Road and SW 7th Avenue: t?/;nvv<-- D. Findings of Fact and Conclusions of Law for Denial: VAR 02- 010 Request for a Variance from the minimum lot frontage requirement for Lot 1 Block 3 of Bear Creek Subdivision by Bear Creek LLC - Lot 1 Block 3, 714 West Calderwood Street: u.~V--C- E. Resolution No. t1 ~ - 3 f; 6 : Approving Consent to Annexation Agreement, Robert and Christy Haddock: v~f.) v'!.{.... F. Resolution No. tJ 2- - 3 g 7 Adopting Human Resources Standard Operating Policy and Procedure Manual: t1Cf fJrov..e..- G. Rejection of 2002 Creek-Crossing Sewer Pipe Rehabilitation Project Bids: al'prt? ~ Meridian City Council Agenda - September 3, 2002 Page 1 of2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 4. 5. 6. 7. 8. 9. 10. 11. ( II. Approve Bills: a fPY'b v~ Department Reports: Av h e (Items Moved from Consent Agenda) Ordinance No. () 2- - 9 7 4- AZ 02-012 Request for annexation and zoning of 2~02 acres from RUT to R-4 zones by Jerald S. Frank - 2310 South Locust Grove Road: a~V'<- Public Hearing: CUP 02-020 Request for a Conditional Use Permit for a professional beauty salon in an R-15 zone for The Desianina Team Salon by the DesiQning Team Inc. - ~1226 E~st 2 % Street: a~!f To fr.R fJ~ RF., elL :fry af/7JrPv~ Public Hearing: V AR 02-011 Request for a Variance to the parking ordinances and Landscape Ordinance for The Desianina Team Salon by the Designing Team, Inc. - 1226 East 2 % Street: t:1YmhL!1 fo pep~ ~/f f cl-t -/irv al'pn7vd Public Hearing: VAR 02-012 Request for a Variance to the Landscape Ordinance to anow conifers in the landscape buffer at Harks Comer by Van Hees Properties, LLC - southwest corner of South Linder Road and West Franklin Road: ~ I . a"ffnrn..eij -ft; f),Y'(!jJ~ -f /1 t e/l. ~ dL-.h/~ Public Hearing: VAR 02-013 Request for a Variance for a second time extension on the Preliminary Plat approval for Olsen Bush Subdivision No. 2 by R2 Development - west of North Eagle Road, north of East Franklin Road: - Ift-fforn.ey Iv ,rejJtvL<. .;:/~ I- e/~ k- d-l'Iri?V~ Public Hearing: MI 02-007 Request for approval of a 24 foot wide private road for the landlocked Marcon parcel by Elaine Martin northwest corner of North Linder Road and West Franklin Road: ~~J -fo ;n-uzf~ .f/~ .{ cl..e In 4frV?J!.. Meridian City Council Agenda - September 3, 2002 Page 2 of2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. . ~ 0;.-': c -- C.- ,- -";.,_,~"" ~~ r~ ~; V 1 3 2Dij2 November 8, 2002 c~~~ ',~ ~ ' _ ~ ~~~Z-~~'l MERIDIAN CITY COUNCIL MEETING APPLICANT November 12, 2002 ITEM NO. 3-6 REQUEST Approve minutes of September 3, 2002 City Council Regular Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGI N EER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: .A-nJr7JV6 3-0 Date: Phone: Materials presented at public meetings shall become property of the City of Meridiana CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 3, 2002, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve 3. Consent Agenda: A. Approve minutes of August 20, 2002 City Council Regular Meeting: Approve B. Findings of Fact and Conclusions of Law for Approval: M102- 006 Request for an Amendment to the Area of Impact by Capital Development (Bristol Hei~hts) - southeast corner of Chinden Boulevard and North Locust Grove Road: Approve c. Findings of Fact and Conclusions of Law for Denial: CUP 02- 013 Request for a Conditional Use Permit for four 4-pJex units on 1 .08 acres in an L -0 zone on Lots 4 and 5, Block 2 of Scottsdale Subdivision by C.W. Construction, Inc. - West Alden Drive, at the southwest corner of West Franklin Road and SW 7th Avenue: Approve D. Findings of Fact and Conclusions of Law for Denial: VAR 02- 010 Request for a Variance from the minimum lot frontage requirement for Lot 1 Block 3 of Bear Creek Subdivision by Bear Creek LLC - Lot 1 Block 3, 714 West Calderwood Street: Approve E. Resolution No. 02-386 Approving Consent to Annexation Agreement, Robert and Christy Haddock: Approve F. Resolution No. 02-387 : Adopting Human Resources Standard Operating Policy and Procedure Manual: Approve Meridian City Council Agenda - September 3, 2002 Page 1 of2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( Meridian City Council MeetinQ September 3. 2002 The regular meeting of the Meridian City Council was called to order at 7:20 P.M., Tuesday, September 3, 2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless and William Narya Others Present: Bill Nichols, Jim Worley, Brad Hawkins-Clark, Gary Smith, Brad Watson, Will Berg, Ken Bowers, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: Now, then, I will open the regular City Council meeting on Tuesday, September 3rd, 2002, at 7:20 p.m. at the City Council Chambers. We will have the roll-call attendance, please, Mr. Clerk. Item 2: Adoption of the Agenda: Corrie: Okay. Again, welcome tonight. 11m sorry we are a little late. Welcome to Troop 72 for being here tonight. Council, Item No.2 is the adoption of the agenda. Do we have any corrections or additions to the adoption of the agenda? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Just for a point of order, item E and F, if we could have resolution numbers. Corrie: Okay. Number E, Resolution No. 02-386 and F is Resolution No. 02-387. De Weerd: I have nothing further. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: With that I move that we adopt the agenda as published. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to adopt the agenda. All those in favor say aye. All eyes. Motion carried. Meridian City Council Meeting September 3,2002 Page 2 of 42 MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Approve minutes of August 20, 2002 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Approval: MI 02- 006 Request for an Amendment to the Area of Impact by Capital Development (Bristol Heiahts) - southeast corner of Chinden Boulevard and North Locust Grove Road: C. Findings of Fact and Conclusions of Law for Denial: CUP 02- 013 Request for a Conditional Use Permit for four 4-plex units on 1 aD8 acres in an L-Q zone on Lots 4 and 5, Block 2 of Scottsdale Subdivision by C.W. Construction, Inc. - West Alden Drive, at the southwest corner of West Franklin Road and SW 7th Avenue: D. Findings of Fact and Conclusions of Law for Denial: VAR 02- 010 Request for a Variance from the minimum lot frontage requirement for Lot 1 Block 3 of Bear Creek Subdivision by Bear Creek LLC - Lot 1 Block 3, 714 West Calderwood Street: E. Resolution No. : Approving Consent to Annexation Agreement, Robert and Christy Haddock: F. Resolution No. Adopting Human Resources Standard Operating Policy and Procedure Manual: G. Rejection of 2002 Creek-Crossing Sewer Pipe Rehabilitation Project Bids: H. Approve Bills: Corrie: No.3 is the Consent Agendaa Bird: Mr. Mayor? Corrie: Mra Bird. Bird: Showing needing no changes or anything, we have got the resolution numbers, I would move that we approve the Consent Agenda as published. McCandless: Second. Corrie: Okay. Motion made and seconded to approve the A, B, C, D, E, F, and G on the Consent Agenda. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Meridian City Council Meeting September 3,2002 Page 3 of 42 Corrie: Okay. All ayes. The Consent Agenda is approved. MOTION CARRIED: ALL AYES. Corrie: Do we need to approve bills? That should have been on the Consent Agenda. Okay. Thafs H. Bird: Yeah. It was H. Item 4: Department Reports: Corrie: It was H. All right. Department reports. Any department reports tonight? Item 5: (Items Moved from Consent Agenda) Corrie: Okay. Item No.5 is items moved from the Consent Agenda. There are none. Item 6: Ordinance No. AZ 02-012 Request for annexation and zoning of 2.02 acres from RUT to R-4 zones by Jerald S. Frank - 2310 South Locust Grove Road: Corrie: Item No.6 is Ordinance No. 02-974. This is a request for annexation and zoning of 2.2 acres from RUT to R-4 zone by Jerald S. Frank, 2310 South Locust Grove Road. At this time I'd like to have the city clerk read Ordinance No. 02-974 by its title only, please. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-974, an Ordinance finding that certain land owned by Jerald S. Frank, located 2310 South Locust Grove Road and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner Jerald S. Frank has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Low Density Residential District (R-4), and declaring that said land, by proper legal description described below be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the clerk of the City of Meridian to file a certified copy of the ordinance and a map of the area to be annexed to the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-323 and Section 63-2251 . Corrie: Okay. You have heard the reading of Ordinance No. 02-974 by title. Is there anyone from the audience who would like to have it read in its entirety? All right. Hearing none, I will entertain a motion on Ordinance No. 02-974. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting September 3, 2002 Page 4 of 42 De Weerd: I move we approve Ordinance 02-974, request for annexation and zoning of 2.02 acres from RUT to R-4 by Jerald S. Frank, with suspension of rules. McCandless: Second. De Weerd: 11m sorry. And for the Mayor to sign and the Clerk attest. Corrie: Is there any further discussion? Hearing none. Roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, ayea Corrie: Okay. Ordinance No. 02,974 is approved. MOTION CARRIED: ALL A YESa Item 7: Public Hearing: CUP 02-020 Request for a Conditional Use Permit for a professional beauty salon in an R-15 zone for The Desianina Team Salon by the Designing Team Inc. - 1226 East 2 % Street: Item 8: Public Hearing: V AR 02-011 Request for a Variance to the parking ordinances and Landscape Ordinance for The Oesianina Team Salon by the Designing Team, Inc. - 1226 East 2 Y2 Street: Corrie: Item No.7 is a Public Hearing. This is a request for a Conditional Use Permit for a professional beauty shop salon in an R-15 zone by Designing Team Salon by the Designing Team, Inc., 1226 East 2 1/2 Street. At this time I will open the Public Hearing and request the staff comments first, then we will have the applicant, and then anyone who would like to issue testimony in the Public Hearing after that. De Weerd: Mr. Mayor? Bird: Do you want to do the variance at the same time? Corrie: Oh, they are both together. Yeah. Bird: Is that okay? Corrie: Yes. That's fine if it's okay with the Council. We will open the Public Hearing as well for the variance on the parking ordinance and landscape ordinance. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerda De Weerd: In addition to hearing them both at the same time, we are a little bit disadvantaged, because we donlt have our computers, and we don't have anything visual in front of us, like the actual application. So if you can be a little bit more detailed tonight it would be very appreciated. I have kind of looked at it, but I don't have it in front Meridian City Council Meeting September 312002 Page 5 of 42 of me, so I don't now how the other Council have done with this, but we found out how much we rely on our computers. Corrie: Did you not get any of this? De Weerd: I do, but don't have any of the plats or, you know, the application or anything like that. Corrie: Just wanted to make sure you got what I got. All right. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. I will try to be detailed, but not overly cumbersome with the descriptions, since you don't have -- hopefully we will have a new bulb here soon. Item No.7 and 8 are for the Designing Team Salon. Item No. 7 is for the Conditional Use Permit to actually operate the beauty salon and Item No.8 is for a variance to four different sections of the ordinance. This item deals with an existing house that's on the east side of 2 1/2 Street across from the Meridian Convention Center, the old high school. It is an existing house that they are proposing to convert to a beauty salon. It is surrounded currently, completely, by R-15 zoned residential uses. The applicant is proposing to add a new parking lot to the rear of the site. The Planning and Zoning Commission has reviewed and recommended approval to the City Council of the application. It would include nine hair-nail stations on the interior and they would have some products for retail sale to their patrons. The site does have one existing entrance and they are proposing a second. They would -- the majority of the parking for this site would be, like I said before, to the rear of the house, so they would have a driveway that is along the south edge of their property and would kind of wrap around behind the house and that's what the majority of the parking would bea The Planning and Zoning Commission recommended approval with staff comments. There was no proposed conditions that were really of any significance at the Planning and Zoning Commission hearing. They did recommend hours of operation be limited to 8:00 a.m. to 9:00 p.m., which my understanding is the applicant is in agreement with that. The Commission also recommended that they submit for the variance application prior to the City Council hearing, which they did do. They did pay the fee and staff has prepared a report for that. So the Conditional Use Permit was recommended for approval. Now on Item No.8, the variance, of course, if these are not approved the Conditional Use Permit would not be able to be approved. Quickly, there are four sections of current Meridian code that this site would need to receive variances for and, again, this is in a part of Meridian's Old Township and during the Comprehensive Plan hearing, as you may recall, that was proposed to be amended, the Old Town destination, to shift further to the east and so this -- this would fall under that new Old Town classification and if the city moves ahead would rezone to Old Town in the future to comply with the Comprehensive Plan destination of Old Town. So the city has been encouraging uses in Old Town and so we are supporting their request for the variances. One is for parking in their setback. Code does not allow for standard commercial uses to park in the minimum setback areas and they are proposing to do that. They are proposing smaller parking stalls. The third one is they are proposing to have a commercial off-street area -- off-street parking adjacent to residential and not screen it with a four foot high fence and that's also an ordinance. And the last item, which is on page two of our report, is the buffers between land uses. We do require 20 feet typically between landscaping between residential and commercial uses. So they generally -- in ( Meridian City Council Meeting September 3,2002 Page 6 of 42 staff's review, since it is in this Old Town area and they are proposing a fairly modest use in terms of the hours of operation and the amount of traffic that they anticipate, that we have recommended approval. Corrie: Any questions of staff? Bird: I have nonea Corrie: Thank you, Brad. Is the applicant here? Gillaspy: Council, I'm Perry Gillaspy and I'm speaking for the Designing Team and we, in working with Planning and Zoning, we agree on all of the variances that they request and we will just follow up with whatever is requireda Corrie: Okay. Very good. Any questions? Bird: I have none. Corrie: Thank you. Anyone else from the public like to issue testimony in this issue? Yes, sir. I need you to raise your right hand. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Morrison: Yes. Corrie: Name and address first for the record. Morrison: Michael B. Morrison, 3405 North Kirk Drive. I'm the owner of 1312 and 1316 2 1/2 Street and with what was said here tonight I have some concerns that if there is nine chairs and nine parking spots, what do you do for the people coming and going? That means they are going to be parking elsewhere, which al~o means your latest customer is open until 9:00, probably going to leave around 9:00, 9:30 in the middle of a residential area, which means they will be driving up and down next to the neighbors housesa It seems inconvenient to me. It seems rude to have cars driving up and down between houses and stuff at that time of night, especially when you're in a residential area and stuff where hopefully we have kids and stuff that will be attending school. I know that my tenants and stuff have kids and stuff that are school age and stuff, so I'm really not in favor of it. lid much rather see the hours cut back and the minimum number of chairs cut back so you don't have the impact. Also with the added traffic and stuff in the area, I donlt know how many of you have been passed that 2 1/2 Street doing the speed limit, but I have. That also brings up a concern that people run late to appointments and stuff like that and speed on 2 1/2 Street with no speed bumps or anything like that. Just some concerns. Thank you much for your time. Corrie: Thank you. Any other questions from Council? I will ask you if you have driven on Interstate 84 lately. Morrison: Yes, as a matter of fact, I was passed by a semi going over 75 today. Corrie: Good. Thank you. Meridian City Council Meeting September 3,2002 Page 7 of 42 Morrison: Just some concerns and stuff. Thank you. Corrie: Thank you very much. Anyone else to issue testimony? OkaYa Perry, if you want to answer any of that. Nichols: Mr. Mayor? Corrie: Excuse mea I need your testimony. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Gillaspy: Yeah, it is. Corrie: I need your name and address. Gillaspy: Perry Gillaspy, 2504 South McDermot. Corrie: Is that your question? Sorry. Gillaspy: Yeah. As far as parking nine people at one time, not everyone one works the same days, so it's kind of a rotation. When designated people come in for appointments, they are in and they are out and not all there at the same time, like if they are going to be there all day, you know, one hour here, a half hour there, maybe two hours. So as far as the parking -- and I do have copies of the parking if you guys would like to look at that, since you didn't have a visual. Corrie: I think we have that up here. Gillaspy: Okay. Corrie: Council can look at that. Gillaspy: That was what -- as far as all the cars being there at one time, it's kind of an in and out thing, it's not continuous, but there are not going to be just nine people parked and then customers looking for some place to park. Corrie: Okay. Okay. Council, any discussion with the Public Hearing? Okay. Then I will - - if you think you have enough information on that, I will entertain a motion to close the Public Hearing on the Conditional Use Permit request and also the variance request. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we close the Public Hearing for the request for Conditional Use Permit for a professional beauty salon in an R-15 zone for the Designing Team Salon by the Designing Team, Incorporated, at 1226 East 2 1/2 Street. De Weerd: Second. Meridian City Council Meeting September 3,2002 Page 8 of 42 Corrie: Okay. Motion has been made and seconded to close the Public Hearing on Items 7 and 8. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Discussion first on the Conditional Use Permit? Bird: Mr. Mayor? Corrie: Did you want to address the Council? Nichols: Yeah. Mr. Mayor, Members of the Council, you should address the variance request first, because if you do not grant the variance request, then the Conditional Use Permit would -- Corrie: You're absolutely correct. Thank you, counsel. Okay. We will address the request for a variance for the parking ordinance and landscape ordinance for the Designing Team Salon first. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: If we donlt have any discussion, I will make a motion that we approve the variance to the parking ordinance and landscape ordinance for the Designing Team Salon by the Designing Team, Incorporated, at 1226 East 2 1/2 Street and for the attorney to draw up the Findings of Fact and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, then, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion carried for the request for variance to be approved. MOTION CARRIED: ALL AYESa Corrie: Item No. 7 is a Conditional Use Permit request. Discussion, Council? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: You know, while I agree that there would be some parking concerns, I have also, believe it or not, been in a beauty parlor and those chairs dontt operate at the Meridian City Council Meeting September 3,2002 Page 9 of 42 same time and, you know, they do rotate. You have a very legitimate concern, but I think the way they do schedule it -- and the applicant did address that -- is that, you know, those stations are not always manned at the same time, there is usually at least one person off at anyone time, so that is -- that would be a concern and there will be most likely times where there will be some overlap and the neighbors will deal with that. I don't think it will be an overwhelming issue, though. I agree, I have seen traffic on 2 1/2 Street a little bit out of control, but I think that's something that maybe we can deal with our chief of police and looking at enforcement, because there is just no other way to do it. This development I don't think is going to change the habits of the drivers, unfortunately, on 2 1/2 Street already. So I think that this is a way that we can start some of the efforts of upgrading some of our property, which has been a goal of the city, and it's a good starta Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd like to echo what Councilwoman de Weerd said, but -- and also add to the point that in downtown it's so rare that we can get off-street parking with a business and they have come forward with this and I realize that all our downtown is busy and stuff, but this is something that in Old Town if we can get -- the more off-street parking we get with each business is definitely going to be a help. So I think they have tried to do the right thing on this and even though traffic is tough on 2 1/2 Street, I think that this will be a very nice addition to the community. Corrie: Okay. Thank you, Mr. Bird. Any other comments? Okay. Hearing none, roll-call vote on the motion to approve the Conditional Use Permit. De Weerd: I donlt think we -- Bird: Mr. Mayor? Corrie: Oh, I'm sorry. Bird: I will make a motion. Corrie: Thank you. I thought you dida Bird: I should have. I should have went ahead, but I was deciding to let the other people comment if they want. I move that we approve the Conditional Use Permit for the professional beauty salon in the R-15 zone for the Designing Team Salon by the Designing Team, Incorporated, at 1226 East 2 1/2 Street and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. De Weerd: Second. Corrie: OkaYa Motion has been made and seconded to approve the Conditional Use Permit. Any further discussion? And the reason I had you down, Mr. Bird, is I was Meridian City Council Meeting September 3,2002 Page 1 0 of 42 looking at the second one and I had your name under that as making the motion. Roll- call vote, please. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayesa Motion for the Conditional Use Permit is approved. MOTION CARRIED: ALL AYES. Item 9: Public Hearing: VAR 02-012 Request for a Variance to the Landscape Ordinance to allow conifers in the landscape buffer at Harks Corner by Van Hees Properties, LLC - southwest corner of South Linder Road and West Franklin Road: Corrie: Item No. 9 is a request for a variance of the landscape ordinance to allow conifers in the landscape buffer at Harks Corner by Van Hees Properties, LLC, southwest corner of South Linder Road and West Franklin Road. At this time I will open the Public Hearing and we will hear from the staff comments first, please. Hawkins-Clark: Thank you, Mayor, Members of the Council. The variance request before you deals with the landscape ordinance. The property is fully developed. The Shell and Arctic station at the corner of Franklin and Linder Roads at the southwest corner there. Steve Siddoway's staff report, dated August 23, does go into quite a bit of detail on some of the background related to the occupancy permit and the reason for the request. It does have conifer trees and the landscape ordinance -- we went over this back in the year 2000, went back and forth on this section of the ordinance and, as you know, it has come up several times in terms of the prohibition of conifer trees in street buffers and particularly for commercial areas, the main reason was -- well, there is two reasons. One was visibility into the site from the adjacent street for patrol officers. At maturity the evergreens, you know, can be pretty dense to see through, so there is a safety issue there. The second reason it was put in the ordinance was more esthetic related than -- and encouraging of shade trees to cover the parking area and whatnot. Certainly there are arguments for the green in the winter and providing some interest there. The Conditional Use Permit was approved. As I said, the project has been built, a certificate of zoning compliance was issued in September, and the inspection of staff on the site was the first one -- it was revealed that the landscape plan that was approved by Council was not complied with, they did put in the conifer trees instead of the approved deciduous trees. The city is currently holding a cash bond, a 5,500 dollar surety. They do have a temporary CO on the building because of that noncompliance with their approved plan. So staff has kind of gone over the four required findings and we could not find that a hardship was evident and we have recommended denial of it. Corrie: Thank you, Brad. Council, any questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: On the preliminary plat, did they submit a landscape plan then? Meridian City Council Meeting September 3,2002 Page 11 of 42 Hawkins-Clark: Councilwoman de Weerd, there was no plat, so the Conditional Use Permit only -- De Weerd: Right. When they filed for their permit, though, did they submit any landscaping plans at that time? Hawkins-Clark: YeSa There was a conceptual plan approved with the conditional use and then there was a detailed plan for landscaping approved with the certificate of zoning compliance, which was with the building permit stage. So there is two different sets, both of them showed the deciduous trees, not conifers. De Weerd: Okay. Thank you. Corrie: Okay. Is the applicant here this evening? Larry. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Van Hees: It is. Corrie: Name and address, please, for the record. Van Hees: My name is Larry Van Hees. I reside at 8870 North Gadwall, G-a-d-w-a-I-I, Lane, Boise. 83714. Mr. Mayor, Members of the Council, Will, attorney, staff, I want you to know that it's been a long process and it's about three years ago that we started doing plans and going through the approval process and it was a long process. We started in February construction and the construction went awful fast. At the completion of the project we were making decisions faster than we were capable of making them and we did make a lot of changes and if you go out and look at the stone on the Arctic Circle, the copper roof on the Arctic Circle, we did some very special things that we thought that made that a really -- really a nicer looking project. It is family-owned, we have a lot of pride in it, we try to keep it pretty well upbeat and in good shape. When somebody came to us and suggested that we could get some ten and 12 foot conifer trees, they are Austrian pines and maybe a couple of types, we were really thrilled to death. I mean we saw no problem with it. All we could think is that it was a vast improvement, because we were going to get the maturity that you questioned us about right off the get go and make it look really good. We called two different landscapers that we dealt with and we asked them about it and they just thought it was nothing but good. Our landscape areas around where those trees are is 27 feet of green grass on the Franklin Road side and 30 feet on the Linder side. So there is adequate room for those trees to mature very well and still have room. You know, I don't spend a lot of time there. Our manager is here, Jeffrey Hall. I do go in and out all the time. I go down and wash my car there, I get my gas there, of course, and I talk to our customers and our customers are our neighbors. They live -- I always walk up and ask them where do you live, because I want to know who is buying our products and coming in and eating our Arctic Circle hamburgers and washing their cars there and they are our neighbors and I ask them, you know, what they like about it and what they don't like about it and I just want you to know that they are very complimentary. They love the fact that it's there. The main question they have is what took you so long. When I tell them the problem with the trees, they are amazed and they tell me if you need help we will come and fight Meridian City Council Meeting September 3,2002 Page 12 of 42 for you. We love it. We think it looks great. And I'm not trying to, you know, sway you with that, although I hope it does. I just want you to know that if you go out there and look at the project -- and I hope you have -- that it's a -- very much an asset to Meridian and we are proud to be here. And I thank you very much. If you have any questions I would be glad to answer thema And I want to tell you one thing, I didnlt make changes to the plans, the architect did those landscape plans and if I would have known there was a problem, I want to tell you, I would nit be here tonight. I would have had the type of trees that you wanted, but I like it better the way it is. Corrie: Larry, the Council may have some questions. You have got a landscape back there thafs really nice looking. Why would you want to cover it with these trees that are going to get -- if you come by my house you can see what happens to an evergreen. They get so big you canlt even see anything and you have got a nice place back there, why would you want to put trees in front of it so you canlt see it later? I mean it's -- Van Hees: Now I want to tell you, if you have been out there, itls not all conifers. We do have deciduous trees. We have placed them at the entrances and there are some trees and there are places to look and see through. I donlt -- you know, if itls a problem, Mayor, it's going to be a problem 15 or 20 years from now and if there are ugly and ies easy to change at that time and I hope that we still own it at that time and I hope that everything is just going great and we can make those changes if we need, but right now for the next ten years -- you know, it takes ten years -- I'm in a subdivision and I have been there for a little over ten years, and just now the trees are getting to the point where they really look nice and these evergreens look nice today. If we need to make some changes down the road sometime, we will make those changes, but right now it does look very good and that was our goal is to make it look -- give it some maturity right of the get go. Corrie: Any other question? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Larry, what will be the height of those trees do you believe when they are fully matured? Van Hees: I think probably a max of 30 feet. Right now they are ten to 12 feet and I donlt know -- you know, I have got some at my place that have been in for about 12 years now and they are only about, oh, I don't know -- I donlt think they are 20 feet nOWa They are 18 feet or so. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Van Hees, you have read the staff report; right? Van Hees: I have. / ( Meridian City Council Meeting Septem ber 3, 2002 Page 13 of 42 Nary: Now is there anything in the ordinance -- you know, we get requests for variances all the time, but I guess I'm looking at the staff comments and what the ordinance says that we have to make a finding on and it appears to me that everything the staff's comment is is that all the hardship or unusual circumstance or everything else is caused by the fact that you planted the wrong treea Van Hees: J'm not here pleading hardship. I'm not here -- what I'm saying is is the reason we did it, because we thought it looked better. If I would have known it was against the rules, I would not have done it. They are in and if you say no way, you got to take them out, we'll be at it as quickly as we can get taking them out, but I just want you to know that I -- I really don't want to do that, because I don't think it's going to look as nice now. And what I'm looking at is now and the next five to ten years and I don't think it's going to be a problem in that time. I want to tell you, I -- even talking with the city personnel, some of the people are saying they don't even know if this is a good ordinance anyway, that maybe this needs some changes, that conifers do look better, that they give you some green in the winter. When you get all the leaves -- and the leaves are the ugliest thing we have to deal with anyway, because it gets in our down spouts on our project and we have to clean them up and they are kind of nice and we do have a mixture and we do have some deciduous trees on the site. Nary: Brad, in reading the staff report, is it just certain locations where the deciduous trees are -- or where these conifer trees are that's the problem? Can they move them to other locations on the site and just can't have them in the street buffer area where the deciduous trees are supposed to be or -- Hawkins-Clark: That's correct. The street buffer is where the ordinance specifically says that the conifers are not allowed. Nary: So they could move these to the buffer by the houses -- weil, the houses -- but the area -- I mean I drive by this all the time and I agree it does look nice there, but I mean it's not that you can't use these in other locations, it's just where the street is, it, again, provides safety, as well as other reasons that the landscape ordinance was written and I guess I have a hard time finding any of the compliance things we have to find to grant the variance. Van Hess: We couldn't put them anyplace else on the site, because none of the other landscaped areas are wide enough -- are large enough to support the trees with the width you're talking about. In the street buffers they are 27 feet wide and they are 30 feet wide and there is adequate room. McCandless: Mra Mayor? Corrie: Mrs. McCandless. McCandless: I think, Larry, that the concern -- main concern -- and it is stated here that the concern of the police department is the lack of visibility when they are driving by on Linder and Franklin and whether they can see through it now -- I guess that would be fine, but somewhere down the road there is going to be a safety issue. Meridian City Council Meeting September 3, 2002 Page 14 of 42 Van Hees: The police and the fire personnel frequent our place all the time. They come in and they go out and Jeffrey can speak to that better than I can, but they never expressed a concern at all for what we have done as far as our landscaping and I don't know if he's ever asked them specifically and I haven't said, hey, is there a problem. I have with my neighbors and they do like them and would support very strongly that we keep the project looking like it does. I mean -- and I'm not going to fight really hard to keep them. If you guys say, no, that it's absolutely against the rules -- I do know that I have asked police personnel if they think it's a real problem -- not the police that frequent our place out there -- and they are telling me that, you know, we have cameras on site, we have a security system, we have cameras pointing to all of our fuel sites. We actually have cameras to point at our car wash -- we have very good security on site and as far as -- if they want to know if somebody is roaming around, they call us and we have them on camera. They are not going to be there running around without us knowing it. So I -- to me, that's not an issue. It's really not. Corrie: You'd rather give up the trees rather than your Harley; right? Van Hees: If you give me a choice, I'm going to keep my Harley. De Weerd: I would, too. Nichols: Mr. Mayor, I have a question for maybe Mr. Van Hees or his staffa Has there been anybody look at what kind of shadow is going to be created on Franklin or Linder in the wintertime with these trees happen to mature and how that might affect the snow or ice melt? Hawkins-Clark: Mayor, Mr. Nichols, I don't believe that Steve Siddoway did. He's, you know, our landscape architect on staff and my understanding is he didn't look into that. We do use Boise urban forestry's guide for establishing appropriate trees in street buffers. My recollection is probably 30 feet might be a little short. I think maybe Austrian pines get more like around 40 and so, you know, it would depend on -- I guess you1re right on the southwest corner. We would have to look into that to see what kind of shadows. We did not do that. Bird: Good point. Corrie: Any other questions of Larry? Thank you, Larry. Is there anyone else from the public that would like to issue testimony? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Hall: It is. Corrie: Name and address, please. Hall: Jeffrey Hall. I primarily live at Harks Corner, but my home address is 2178 South Bear Tooth in Meridiana First of all, during the planning stages and the approval process by Shell Oil, which took us just about as much time as it took to get the Conditional Use Permit with you guys, we had to submit our plans. On our plans, our architect, number ( Meridian City Council Meeting September 31 2002 Page 15 of 42 one, never did tell us about these trees and what types the City of Meridian -- and I'm not putting the blame on him, but we really didn't know about this, so when we did submit our final plans with our landscaping to Shell -- and we had to do this for a process of obtaining funding from them, they give us X amount of funding to help our project, help our landscaping, we did submit it with these trees, because -- and Larry may not have emphasized on this, but I will, financial hardship. You know, we were way over budget on this project, we were doing everything possible we could to assist in helping us out getting this done. The trees -- when we heard the deal, yeah, we definitely jumped on it as quick as possible and we did not even think for a second about what type of trees we were supposed to have there and I'm sorry that we did not do that. So now we are faced with this problem. To date we have had absolutely no objections to the trees, we have had no complaints, and like Larry mentioned to you, had nothing but excellent comments from people from both the public, neighbors, customers, city officials, people that come in there. Joe Silva. The fire department. Everybody thinks it looks absolutely beautiful. I believe when you sent this out for comment to different agencies nobody had objections on thisa And this is something that it would, at this point, because I do handle the finances of Harks Corner, this would be a financial hardship for us if we have to pull these trees out, whether Larry says we can do it or not, that's -- you know, yes, we can do it, but it is going to cause a financial hardship here. We are in a very tight period. The money we gave you to sit there for the bond, that money could be used desperately bad right now and so, yeah, 11m going to -- my position on this is I would ask that you guys please to approve the variance and this would definitely help us and I don't see any problem with this approval of the variance. Thank YOUa Corrie: Anyone else from the audience that would like to issue testimony? Okay. Council, discussion? Okay. Hearing none, I will entertain a motion to close the Public Hearing. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I got one question for Larry or Jeff, which ever one. I know 5,500 bucks is a cash flow deal. Why did not you bond it? Why did you give us 55 in cash? Larry: Well, I -- Bird: You're capable of getting bonds. You know about it in your business and you don't tie up 5,500 dollars. Larry: Well, I felt that the two months that I would have to wait for this hearing I would go ahead and tie it up and it was just a choice I made. It was quicker. Bird: Thank you, Larry. De Weerd: Mr. Mayor, I move that we close the Public Hearing. Nary: Second. ( Meridian City Council Meeting September 3,2002 Page 16 of 42 Corrie: Motion made and seconded to close the Public Hearing. Any other discussion? All in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd De Weerd: I guess to move this along, I agree that -- I agree with staff. The development looks very nice. You know, I donlt think that is the question at all. However, this Council has been working very hard to uphold the ordinances that we have in place and there are some of them that probably do need to be revisited and we would appreciate the public's input on those revisions, but our staff has their job and that is to uphold the ordinances as they are written and I would agree in their staff comments that it would be arbitrary if we approved this while we have denied other such requests based upon the same reasons. When we look at this we have four different criteria that are necessary to meet for granting a variance and those aren't met. Whether we think or we believe that ifs a very attractive landscaping, which it is, ifs hard to base a decision without being arbitrary on because it looks nice. It looks nice, but it doesnlt meet the ordinance and this request doesn't meet the intent of what the variance section is used for and so, unfortunately, personal feelings are not usually called for at this level and I guess that's my two cents worth. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess the only other thing I would say, too, to Mr. Van Hees and to Harks Corner is I agree, I think it looks very nice as well, but how it looks at completion isnlt part of this ordinancea The whole intent of the variance -- and I know this wasn't any of your intent, but the whole intent of the variance was to deal with these issues before they happen, not after they happen. What 11m afraid is to apply it in your situation would encourage other people who arenlt quite so reputable, to do it and hope we will fix it and we have had many people standing here before us for variances that did exactly that, they did it wrong, they knew they were doing it wrong, and they hoped we'd make it right for them and we denied them, too. And I hate to encourage bad behavior and I'm afraid, although I know that was never your intent -- and, like I said, I know it does look very nice, I drive by it, too, but that's what we would be doing is we would be making this and then we would have to do it all the time on every one of them, everybody would built it and have the same reason, because it looks nice and we decided we wanted to make it different and weld be kind of stuck and I think that would be very difficult to try to apply and I do agree with Councilmember de Weerd that, you know, it's certainly something -- and the staff even talks about that in looking at that and some revision of the landscape ordinance, but I think here it was clear, it was already determined, it says that in our ordinance, and here was a mistake that, unfortunately, was a miscommunication not / Meridian City Council Meeting September 3, 2002 Page 17 of 42 necessarily with our folks, but with the landscape architect and some of those other things it just happened and I know that's an expensive just happened and I'm not downgrading that, but I'm just afraid that there isn't enough here to grant this variance and we would encouraging a whole lot more people that aren't very reputable to do it even worse if we granted this, so -- Corrie: Any other discussion? Bird: I have none. Corrie: Okay. Hearing none, 1111 entertain a motion on the request for variance on the landscape ordinance. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: J'm going to move that we deny VAR 02-012, the request for variance of the landscape ordinance to allow conifers in a landscape buffer at Harks Corner by Van Hees Properties, at the southwest corner of Linder Road and West Franklin Road, for counsel to prepare Findings of Facts and Conclusions of Law, Decision and Order, pursuant to the discussion tonight. McCandless: Second. Corrie: Okay. Motion has been made and seconded to deny the variance request. Any further discussion? Okay. Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion to request a variance denied. MOTION CARRIED: ALL AYES. Van Hees: Can I just say one thing? I thank you very much for considering it. I didn't come it to twist your arms, but I knew I did wrong, but I sure like it. Item 10: Public Hearing: V AR 02-013 Request for a Variance for a second time extension on the Preliminary Plat approval for Olsen Bush Subdivision No.2 by R2 Development - west of North Eagle Road, north of East Franklin Road: Corrie: Item No. 10 is a Public Hearing. This is a request for a variance for a second time extension on the primary plat approval for Olsen Bush Subdivision No. 2 by R2 Development, west of North Eagle Road and north of east Franklin Road. At this time I will open the Public Hearing on the variance request and have staff comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. The staff report you're referring to was written by Shari Stiles August 28th. The subdivision, as stated there, Meridian City Council Meeting September 3,2002 Page 18 of 42 received final plat approval. This is Olsen Bush Subdivision off of Eagle Road south of the railroad tracks. There are 12 existing lots in Olsen Bush Subdivision No. 1 and this application tonight is regarding the Olsen Bush Subdivision No.2, which is an additional ten industrial lots that are to the west of what is currently there and platted today. The applicant has already received one one year time extension to have the plat recorded at the Ada County Recorder's Office. That was set to expire August 1 st, 2002, and the reason for this variance is you can only receive one time extension and a second one does require a variance. So, again, to clarify the -- the application did refer to a preliminary plat extension, but a review of our files anyway showed that it is a final plat that was submitted to city and the City Council did approve it, so it's a time extension to record. Staff's understanding is that they are ready to roll, they do have their civil drawings pretty much all done, and been told that within, you know, one to two months that we could probably see this come through the Planning and Zoning and Public Works Departments. But the -- so we are recommending approval of the variance to August 1 st, 2003, provided that the applicant agrees to comply with all the ordinances that are in effect at that time for future buildings in that subdivision. Corrie: Thank you, Brad. Any questions of staff by Council? Bird: I have none. Corrie: Okay. Is the applicant here? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Miller: Yes. Corrie: Name and address. Miller: Brad Miller, 3084 East Lanark. I represent R2 Development, Incorporated. We are the developers and the owners of the Olsen Bush Industrial Subdivision No.2. We have had a number easement problems on that property, which with the help of the Mayor and City Council we got worked out with Elixir Industries and we had a delay in getting the plans completed and approved, now everything is completed, approved, and I would submit that we will be in for a precon meeting here in the next 30 days to get this project going. So I'd ask that you extend it for one additional year. Any questions, I'd be more than happy to answer them. Corrie: Okay. Any questions? Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Why does it need to be a year? Can it be six months? Miller: You know, I guess it could. I guess the problem that I have about it is I talked to Shari about it and said, look, we are ready to go on this thing, do we even need to Meridian City Council Meeting September 3,2002 Page 19 of 42 extend it and she says, yeah, by the time we get improvements completed and everything in place, it would be expired and you wouldn't be able to record the final plat, so I guess the reason I would say we may not be able to get it done in six months is if we get a hard winter and we can't finish all the on-site improvements. That's the only reason I asked for one year. Thank you very much. Corrie: Thank you. Anyone else from the public that would like to issue testimony in this? Okay. Nary: Mr. Mayor? Corrie: Mra Nary. Nary: Just one other question. I noted in the staff report it talks about the delay and whether it's practical or unreasonable and those types of thingsa At least they didn't have any reason why just recording the final plat has been such a problematic thing and I note some of these other things that were talked, have they all just taken until now? It's just taken until -- Miller: It really has. If I knew my engineer wasn't here for sure, I would point some fingers, but I'm not going to do that, because I don't dare look behind me, he might be sitting there staring at me. Bird: I think it was just more than engineers, though. Miller: Thank you. Nary: Thank you. Corrie: Any other questions? Bird: I have none. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we close the Public Hearing. Bird: Second. Corrie: Okay. All in favor of the motion say ayea All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Discussion on the request? De Weerd: Mr. Mayor? Meridian City Council Meeting September 3,2002 Page 20 of 42 Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for variance with the time extension to August 1 st, 2002 -- or 2003 for Olsen Bush Subdivision NO.2 by R2 Development and the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the request for a variance on the extension. Any further discussion? Hearing none, roll-call vote, Mr. Barga Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion for the variance is approved. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: MI 02-007 Request for approval of a 24 foot wide private road for the landlocked Marcon parcel by Elaine Martin - northwest corner of North Linder Road and West Franklin Road: Corrie: Item No. 11 is the last Public Hearing. This is a request for approval of a 24 foot wide public road for the landlocked Marcon parcel by Elaine Martin, northwest corner of North Linder Road and West Franklin Road. At this time I will open the Public Hearing on the request and invite staff's comments first. Hawkins-Clark: Thank you, Mayor and Members of the Council. The staff report written by myself, dated August 30, is what we would request you refer to in any motion that you make tonighta This would be -- would be helpful to have a map on this particular one, but I will do my best to describe it. The parcel that is driving this is 13.8 acres and it is landlocked. It is immediately north of the Interstate Battery on the north side of Frankiin Road, Eight Mile Lateral goes right behind that Interstate Battery and there is three other lots in the Caporelli Subdivision. De Weerd: Mr. Mayor? Corrie: Mrsa de Weerda De Weerd: We do have it, Brad. Hawkins-Clark: Do you? Okay. De Weerd: In what we received today, so -- Hawkins-Clark: Okay. Gooda De Weerd: We have a visual in front of us. Meridian City Council Meeting September 3,2002 Page 21 of 42 Hawkins-Clark: The visual is there. Okay. Well, the large parcel there is -- is the one that is owned by the applicant and they are proposing in order to access the site to create a new private street, which our ordinance does require City Council to approve all private streets across Mr. Korn1s two parcels as Haz-Tech Industries and there is one -- the current building there, Haz-Tech, which fronts on Linder Road -- so the road is proposed to go between the storage cubbies, which is currently going up right now, ifs a metal sided warehouse building, the road would be on the north side of that and on the south side of the Haz-Tech building. So they are required to secure from the staff's perspective legal access from a public street in order to -- in order to access the parcel. They are proposing the street to be 24 feet wide within a 30 foot wide easement and that is largely due to the site restrictions, because of the existing buildings and landscaping. The applicant has dealt with the Highway District and they are not requiring public road access to the site. They -- the thing driving it, they are proposing at this point what we have classified as a contractor's yard to store concrete barricades, the type that you see for the highway road projects as dividers. So, essentially, it would just be a fenced large contractor1s yard with no buildings right now are proposed. There would be large trucks, of course, coming in off of Linder Road to haul these barricades in and out of the site. We did offer a couple of considerations for you as you consider this. The Haz-Tech parcels were illegally split, and so we have recommended a condition there that the private street, before the second lot, which is the western most lot of those two Haz-Tech parcels, which is currently vacant, that that would not be permitted to take access off of this private street until they are appropriately platted. The second additional consideration that we have on page two was use of the Martin parcel and this -- this deals with -- the information on the private street technically has no baring on the 13.8 acre parcel, so we are just saying that the applicant has included this for the Council's interest. Since the parcel is annexed and deemed a buildable lot, the applicant may submit directly for administrative approval for what they are proposing to do. And then we did offer -- we do have some concern about the turning radius of Linder Road onto that 24 foot wide street with the real long, you know, tractor-truck trailers. To my understanding we haven't received anything in writing back from the applicant, but they did get a report late, so we don't know if there is any issues. We do have eight proposed conditions that would be tied to the approval of the private street. The fire department has also submitted a memo to the Council with five conditions. They are asking for no parking, fire lane on the private streets, and we are also asking for that. Before they can actually go and develop this 13.8 acre parcel, which is currently in the city, they could potentially come in and do a multi-building industrial project with, you know, potentially, you know, hazardous or flammable materials, so we are saying that before they would go for that kind of heavy use they would need to secure a second access, most likely either to the south through the Caporelli Subdivision or through Van Auker piece, which is immediately to the west. So I think that's alii have. Bird: Mr. Mayor? Corrie: Mra Bird. Bird: Brad, I thought that they had an easement for a road to that property through the Caporelli sub. When we approved, Interstate Battery or something, there was -- maybe you guys remember better than I do, but there was some kind of an easement given to Meridian City Council Meeting September 3,2002 Page 22 of 42 them off of Franklin to this property when that was done. Does anybody recall that besides me? Hawkins-Clark: Councilman Bird, Mayor, that's correct. There is a 60 foot wide ingress- egress easement on that very far east side. Yeah. Right next to Interstate Battery. And it is platted that way. And Mr. Martin could probably go into it better, he's spent a lot more time researching that easement than staff did, frankly, but the essence of it is that at the. final plat that the condition that that easement actually be dedicated to the Highway District and improved as a public street was removeda It is not in the final plat conditions. So the easement is still there, but the -- and Mr. Nichols may be able to give some input, but it is strictly an ingress-egress and it is not necessarily something that the Highway District is going to come in and say, yes, you know, you can dedicate this and build a public street. Bird: I'll let Mr. Nichols explain how that got off -- how that condition got off of the final plat. Nichols: Mr. Mayor, Members of the Council, I can't. I did have some conversation with the applicant's attorney some time ago with regard to the access issue, but I don't believe that how that condition got removed was part of what I looked at and so I can't really speak to ita Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: For approval on Interstate Battery in there, that condition was stuck in there for -- or they would not have been approved and how it can be removed off of the final plat just baffles me. I mean not that -- I think it's very good to have an easement in from Linder, too, but they do -- to my knowledge they have an easement off of Franklin Road also and I thinking it was 60 feet and -- Hawkins-Clark: Yes. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: You know, I recall this conversation, because of the landlocked possibility, and I guess I didn't read my findings very well to notice that that was dropped off. It is a different issue than what's in front of us right now, but one that does need further investigation and I don't know even, Mr. Nichols, if anything can be done at this point. Is that a possibility? Is there something that you need to report back to us on, so we can go ahead and consider what's in front of us now, but get a report later on on this other issue? Nichols: Yes, Councilwoman de Weerd. I just want to clarify something, though, with Brad, if I may, Mr. Mayor. Meridian City Council Meeting September 3, 2002 Page 23 of 42 Corrie: Go ahead. Nichols: The easement exists, the 60 foot easement does exist, and is shown on the plat; correct? Hawkins-Clark: Correct. Nichols: What was dropped from the final plat approval was the easement should be dedicated to ACHD with -- Hawkins-Clark: Development of the north parcel. Nichols: Okay. That it be developed to ACHD standards as far as a roadway. Hawkins-Clark: Yes. I need to check on that last portion, but essentially that's correct. The -- at this point, since it is an easement, and we are also talking about a bridge that's involved with this and not just -- they could even -- you know, they could get the full access and improve it to ACHD standards, but it wouldn't do them any good if they didn't construct the bridge across the Eight Mile, which is too large to be piped, so that's somewhat of a secondary point, but -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: The only reason I brought that up is because it is really a condition, because of this staff wants the condition of another entryway at the point of developing it -- De Weerd: Before it can be developed. Bird: -- before it can be developed and I just remember that we had given an easement and a roadway back to that land so it wouldn't be landlocked and I don't think itls fair to go to the guy on the west or whoever that is that says he has to given an easement or something or they have to purchase one. This was a condition that we set up on Interstate Battery or Caporelli sub to develop that. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: We got a packet of information from Mr. McColl earlier that I just started looking through. I hate postponing anything, but I do think this really needs some further investigation that maybe we can have answers next week. Oh, the applicant can maybe answer some questions. That's right. You haven't talked yet, have you. We have been talking. Okay. Well, I will shut up then. Sorry. Corrie: Thank you. All right. Is the applicant -- Ms. Martina Is the testimony youlre about to give the truth, the whole truth, and nothing but the truth, so help you God? Meridian City Council Meeting September 3,2002 Page 24 of 42 ( Martin: Yes. Corrie: Name and address, please. Martin: Elaine Martin. I reside at 2231 North Hickory Way in Meridian, Idaho, and Marcon -- we purchased the ground in '98 and, yes, we very much wanted to have public access to the ground. That was quite a battle. One we thought we had won. Still thought we had won it in 199 and that we had -- at that time we thought we would have public access both to the west at the 36 foot access we are asking for now and to the south. We thought that in December of '99 that we were going to have public access both ways and had offered to build both accesses to the people that owned them at the time. In the spring of this year my pour yard, which is in downtown Boise, was unexpectedly sold to the City of Boise to develop a park. I must move my entire pour yard stock no later than 60 days from now and so I ask that we not delay anything that we don't have to, because 11m definitely under a time frame crunch and when I found out that I really didn't have public access either direction, I started looking for ground in Boise and almost went that direction and almost bought ground and said, you know, 1111 just sell this. But when I really looked at the size of this piece of ground, it's the perfect piece of ground for my companies -- our companies. If you will look at the pictures I put around, the top two pictures there are the concrete storage that we need to move immediately. That's what it looks like. It's the typical contractor's yard. We have stuff that we sit there, we sell all of our product to and rent it to the state of Idaho. We are not a public service, people don't come in and out every day buying things. Several times a year we move stuff out, several times a year we move stuff back. So it's not a high use that we are talking about herea I do have two people with me, because I am not the expertw We will be represented by Lisa Rasmussen, who will represent Brian McColl. For technical questions you can ask Justin Martin with Martin Development, he will be overseeing the development of the ground. The design -- one of the things in the letter that they asked about was 24 feet big enough for our trucks. I would have much rather had 60, but, yes, 24 is big enough. That's what I have at my gate in my yard in Nampa, I have five acres at Nampa, my gate is less than that, and I work with it fine. Haz-Tech is using big trucks in there now without the full development width. They are already using the big trucks in and out of there on a regular basis and, yes, my engineer says it's absolutely doable with the offsets and the easements that are allowed for the road. I would much rather have 60 feet, but I donlt have it and we are willing to work with it and feel that it will work. In the recommended conditions I do have a couple of concerns there. Number one, they are stating restrictions for Haz-Tech. This -- kind of how we got into this bind of my not having two public accesses now is -- access now, you know, restrictions were put on this and all I can say is we can't speak for them and so if you have a problem with Haz-Tech, we would ask that you just remember this and when they come back in, you know, handle the question with them as you have it here. Because our putting public access through there has nothing to do with how you handle Haz- Tech at a later time. They have just given us the public access in exchange for all the cost of doing ita On number four, it says in future development that we would close off this lane entirely and only make it available for private usea My hope down the road is to go through the complete process of combining both my downtown Boise yard and my five acre Nampa yard into one large contractor's yard and I would really like the -- I would very much like a 60 foot public access from some other direction, but, you know, until I have it I won't do it. But the back access will not be my primary access, the 60 Meridian City Council Meeting September 3,2002 Page 25 of 42 foot access from somewhere will be, but I ask that we not close it, because both for emergency situations you don't have time to move off the item that you -- you know, you say you block it. Well, if you block it, then you can't use it in an emergency and there are sometimes when it would just be better to use that access. So I ask that you not block it. Corrie: Thank you. Any questions at this time? Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Ms. Martin, I didn't see this in here, but the intent was to pave this 24 foot -- Martin: Absolutely. Our intent is to meet all the city conditions. We have no qualms with meeting city conditions of trees -- Nary: I think I know where there is some conifer trees you could probably get. Martin: I just cut down six, because they were in the way, so -- Nary: So the only -- your only concern for the conditions was, number one, because it applies to -- partly to Haz- Tech property -- Martin: Yes. Nary: -- and then I guess I was unclear on your number -- your concern about number four was that even if you have -- you want to be able to expand the use of this property without having the 60 foot access? Martin: No. NOa No. Nary: You'd like to have that? Martin: Yeah. I realize that I can't expand the use beyond the contractor's yard and I don't want to use a contractor's yard without some sort of other access, but, yes, my Marcon companies, both Marcon Prefab and Marcon, Inc., can handle it easily with just this private lane, but I would totally say that should I ever do anything other than a contractor's yard, absolutely, that I should have -- and be predominant to use the 60 foot public access somewhere, but I don't want to have part of this be that I absolutely have to shut it off. I think that should be determined at the time that the development goes on and so I don't want to preclude something happening down the road, because this may be totally the perfect access latera Nary: So if number four says something to the effect that you would have to make it only emergency access and use only as a private street restricted access unless you had specific approval from this Council, that would probably be fine? Meridian City Council Meeting September 3,2002 Page 26 of 42 Martin: Not really. I'd rather have it say the other direction. I'd rather have it go the other direction, that unless this Council, when we do the next phase -- should we do the next phase, which is never to say we may, but should we do the next phase and go beyond this small yard, at that time -- all right. That's the way, but should we subdivide it -- in other words, if there is more than me there, I would say at that time that it, you know, be required to be brought up again. But unless I subdivide it I say, you know, that it be a secondary access regardless. If I get access -- I'm only my contractor's yarda If I get 60 foot access, I'm going to still want this private access that I have spent tens of thousands of dollars creating, because I'm going to put my office probably at that end. Nary: I guess that's different than what this is saying. Martin: Yeah. Nary: What appears what I think the staff is saying -- and Mra Hawkins-Clark can correct me, but all they are asking is that if you're going to expand the use from what you're asking now, that there be a public access and this current road only be for limited emergency access and the like. Martin: And I'd really like to agree, but I would really like -- Nary: I know what you would really like, but what I'm -- I guess to me what's more halfway is that we could talk about what's the use and what's the most practical way to apply it and what's a good access road and all that stuff at that juncture, but if they are going to expand the use, we are going to have to have that conversation at some point, whether you have -- I guess the issue is whether you Ire just permitted to use it without us intervening, which is somewhat cumbersome for Council's sake and the city to intervene in, than the other way, you can't do it unless you come ask us to change it. Martin: And I can see your point, but what I'm going to do is I'm going to let the experts talk about it. If I disagree I'll yell at them, but we will let them answer the question on that, because it's more technical than -- like I say, I just -- my own thought would be hemmed in, because I want two accesses and I don't want to have to put a barrier there area that I actually have to move something to get out and I'm very concerned about that. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: This is a question to throw out and I have to agree with Ms. Martin, that -- and maybe I'm not reading this right, but if you subdivide that and say she leaves her Marcon lot In the back, she still needs access, and I agree that we need the two accesses. I can't see where that would become -- it could stay a private, but I don't know why we would want it to go to an emergency only. I mean if it's 24 feet wide, it could be a private to get into the back, the main access come off of Franklin Road or where ever, which they have got a 60 foot easement, and on that same lines you know that we give the easement, but you would be responsible for putting the bridge in. Meridian City Council Meeting September 312002 Page 27 of 42 Martin: Absolutely. And as I said, I was totally prepared to do so, I had plans, I had specs, we had put it out and were ready to bid it when I found out it was no longer to be a public easementa Bird: Surprised us, too. I have no more. Corrie: Okay. Thank YOUa Is there anyone else that would like to issue testimony? You have three minutes. Raise your right hand, please. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Rasmussen: Yes. Corrie: Name and address, please. Rasmussen: Lisa Rasmussen. I work for Wilson & McColl, 120 West Washington, Boise, Idaho, and I am an attorney, 11m here representing Elaine Martin, and so have more to offer in the way of argument versus testimony, but if I could just briefly summarize some of the history, address some of the questions that you had about what happened with the other accesses. The history of this parcel goes back quite a ways, obviously, and prior to it being annexed into the City of Meridian it was 20 acres, it was subdivided, six acres was on one side of the canal, 14 acres on the other side of the canal. Ms. Martin now owns the 14 acre parcel that's on the other side of the canal. There was a 60 foot easement that ran across the six acres to the 14 acre parcel. That easement was originally, I believe, a condition for approval of the plat -- on the final -- or, actually, the final plat of the Caporelli Subdivision. Why it got dropped off I donlt know, but it is not a condition -- it was not a condition of the approval of that subdivision. So while Ms. Martin does have an easement across the property, she does not have the right to construct on that easement and she has tried to negotiate -- Justin Martin, the developer, could answer more questions about that, but they have tried to negotiate an agreement with the owner of that property and cannot get their approval to construct on that easement. So the fact that it wasn't a condition on the subdivision plat has halted that -- that happening and her getting access to her property across the Caporelli parcel. At one point in time there was a 60 foot easement across the -- where the easement is that we are talking about tonight, but because of the building permits being granted and the placement of buildings where they are on the -- on the Haz-Tech property, there is no way to get 60 feet there, the most they can do is 30 feet, and they have negotiated that easement agreement and are here asking to build the 24 foot road. So I hope that answers some of the questions about why we are in the predicament that we are in, but they are pretty much -- they have one option now and thafs a 24 foot road to build on. I'd like to talk about some of the conditions, answer your questions about -- I apologize, if I might have some additional time. Corrie: You have three minutes. Rasmussen: Okay. Corrie: Thaes it. 11m sorry. Rasmussen: Okay. Meridian City Council Meeting Septem ber 3, 2002 Page 28 of 42 Corrie: Unless they have questions. Rasmussen: We would ask that -- that condition number one be struck and condition number four be struck from the recommended conditions. Number four, especially. And I would answer any question that you might have at this time. Corrie: Any other questions? Bird: I have none, Mayor. Corrie: OkaYa No further questions? We do have a history in front of us as well, so -- Anyone else? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? J.Martin: Yes. Corrie: Name and address, pleasea J.Martin: I'm Justin Martin, I live at 5606 North Ten Mile Road. Corrie: You have three minutes, Justin. J.Martin: The only reason I come up is she didn1t have time to go through the recommendations on the staff report. Number one definitely isn't related to us. This should be handled when they come in for a certificate of zoning compliance staff be able to realize that they are going to deny that, which would send them on to Council and Planning and Zoning for a subdivision. It doesn't make any sense to me to have that requirement in our number one. Number two is fine. Number three the word blanket easement should be more specific related to access and maintenance of the sewer and water. Number four I definitely think should be struck in its entirety. We know that we are not going to be able to subdivide that property into multiple commercial lots and be able to go out there and use that road that we are applying for right now. But we don't want to be held back from the ability to expand the one user yard. Anyway, that's our comment there. Number five is fine. Number six is fine. Number seven is fine. Number eight, West Taylor Lane should be Marcon Lane. I had submitted for a certificate of zoning compliance as of today that has a more specific detailed plan that shows Marcon Lane on that plan, it shows the fire turnaround access at the end, shows the radius turns on Linder Road, which were also talking about in this thing. And finally number five on the Meridian Fire Department's list, any future development of this parcel will require two separate means of ingress and egress. I talked with Joe Silva today and I also talked with Chief Bowers right before the hearing started tonight and made sure that the word any future development was related to the subdivision of the property, not our contractor1s yard changing things or adding a concrete pad or anything that may require a building permit from us, only if we subdivided this parcel. I'm trying to get multiple users out of there -- would be required to have a second point of access. We realize that some day in the future that we are going to need that access to Franklin or to Linder in a normal width and there is various reasons why we don't have that now, but we haven't given up hope that we are going to need that in the future. I would Meridian City Council Meeting September 3,2002 Page 29 of 42 appreciate it if you could see fit to approve this tonight. We definitely don't have a lot of time to deal with and the issues related tonight -- I mean there is a lot of issues with this, but as far as this one private street goes, it seems fairly simple and concise. I know there is a lot of other issues that kind of go along with it, but they don't relate to the issue tonight. That's it. 1111 stand for any questions. Corrie: Any questions? Bird: I have none, Mayor. Corrie: All right. Thank you. Is there anyone else from the public that would like to issue testimony? You have already been sworn in once. Give your name and address, please. Miller: Brad Millera 3084 East Lanark in Meridian. We own the 43 acres directly to the west of this property, contiguous to the westa We are in strong support of this. Marcon is a great company and to have them in the City of Meridian would be a great asset to the city. We at some future date will be talking with Elaine and Justin about the possibility of doing a joint roada On the 17th of this month you will be hearing from us on a proposal from Sanitary Services within which we plan to sub -- or to create a 12-acre parcel for Sanitary Services to locate on and we are thinking along the easterly boundary of our property we will put a road in there. And if can get with Mr. Bevins and also with Elaine and Justin, it might make sense to do a joint road right there, so we would be more than happy to talk with them and provide that access at a future date off of Franklin Road. So we are in strong support of their project and I would ask that Council please approve their request this evening. Thank you. Corrie: Thank you, Brad. Any questions of Brad? Thank you, Brada Anyone else? Okay. Council, any questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I have a question for Brad. On this condition number one that we have talked about quite a bit, why is it there? It doesn't appear to apply to this. It doesn't even appear to apply as notice to the people who would own this property, so -- Hawkins-Clark: Councilman Nary, the reason it's there is because that is the property on which the easement lies. Nary: Okay. But I'm saying is even a future owner of this property -- I mean if the intent was to give notice to others, this property owner or a future property owner, as to what use they can use their property for and how they would access it, this doesn't tell them that. This says that this has something to do with Haz-Tech. They have to do something for Haz-Tech to use it and that's the way I'm reading it. Now am I just reading it wrong? It says the existing vacant parcel owned by Haz-Tech on which this easement lies will not be granted any building permits, but that doesn't apply to this property owner, that applies to the Haz-Tech property owner and is prohibited from accessing that property Meridian City Council Meeting September 3,2002 Page 30 of 42 and the Haz- Tech owner can't access the proposed private street until they subdivide their property. So this property owner or a future property owner from these people, this won't apply to them at all, it only applies to Haz-Tech, but I guess it doesnlt appear to serve -- what purpose I would say think would be a notice to them or the future owners of what they could do with their own property, it just applies to Haz-Techa So 11m not sure if we delete it it's going to have any impact. Hawkins-Clark: I donlt know that -- that, you know, I fully disagree. I mean I think the reason that it's there is the ownership of the property, if I understand it right, is Haz- Tech. I mean those are the deeds that were submitted with this application. The private street will -- you know, is an easement that is in favor, certainly, of the Marcon piece and some this is a -- you know, is a tracking issue and certainly, you know, we can internally, you know, develop some kind of mechanism to make sure that that is -- that they are informed. But we -- and maybe it should have been an additional consideration, rather than a condition, to inform the owner of the property who submits this application that this was something that needed to be raised to the surface, I guess. Nary: Yeaha I guess -- I mean to me if it had a relationship to the Marcon property, if it was that they can't -- that the -- so a future owner would look at it and be able to know that that road doesn't belong to this property and that it's an access by easement that belongs to another parcel or something like that at this time -- I guess it just needs to be redone. It just doesn't relate enough to this property, so I could see why they would object to that and maybe we could come up with something to provide this as notice, like you said, rather than a condition of approval. Is that term blanket easement that was brought up by Mr. Martin, is that a term in our ordinance or is it just -- 11m assuming you just meant it's to be an easement thafs all-encompassing for any utility, any fire, any emergency, isn't that what ies for? Hawkins-Clark: Yes. Thaes what it is. Nary: Is that the term we use for it? Hawkins-Clark: It is a common term seen on subdivision plats, yes. Nary: Okay. OkaYa And on the fourth one, again, there seems to be a lot of contention about -- is the intent to deal with subdividing the property in the future or expanding and making a more intensive use even if they didn't subdivide it? Hawkins-Clark: My main concern with the word subdivide is, you know, potentially you could do a planned development and do multiple buildings on that lot without subdividing. That is allowed under our code. Not to say that they have that intention, but certainly somebody in ten years could come around, buy it, and put ten buildings on there with a Conditional Use Permit, and they wouldn't have to subdivide it. So if you say subdivide -- Nary: So it wasnlt subdivision that was the key, it was the expanding the use beyond what this is today, which is a contractor yard? Hawkins-Clark: Right. / Meridian City Council Meeting September 3,2002 Page 31 of 42 Nary: Okay. Hawkins-Clark: Yeah. We have no opposition to making some adjustments to that, if Council so desires. That's fine. Nichols: Mr. Mayor? Corrie: Mra Nichols. Nichols: Mra Mayor, Members of the Council, I'm wondering if on the first condition if it would not be perhaps better to say that approval of the private street does not confer legal status on that other parcel, nor necessarily city approval of access from that parcel onto that private street. If that satisfies staff's concerns and is not really a condition, then that might address that. And then with regard to the fourth condition, 11m wondering if the last sentence can just be left off and the first sentence left on and that -- or whether that satisfies staff. Bird: Mr. Mayor? Corrie: Mr. Birda Bird: As I understood it from the applicant, the biggest thing was -- on that number four was that they didn't -- they didn't want it to become just an emergency access road, they wanted it to remain a private road regardless of how they did it, and I agree with Mr. Nichols, that that -- if we just eliminated that last sentence, Brad, that would take care of their concerns and to my thinking that would probably be fine. Hawkins-Clark: I agree. Corrie: I need the applicant at this time. Martin: Elaine Martin. Corrie: Thank you. Martin: 2231 North Hickory Road -- or Hickory Way in Meridian. Justin has more of the wording you need for it. My concern is with the entire thing, who determines what low intensity is versus immediate intensity? In other words, I don't want -- I don't want to be limited. I mean I do certain stuff in Nampa and I do certain stuff in Boise and my intent is not to do more than I do at either one of these places, but how do you determine whether that's low or medium? I'm just saying I don't want to do anymore than I'm presently doing, I just -- but the word low intensity could be misinterpreted later. Corrie: That's your -- now we can address the -- I just wanted to get it in the proper order here, so -- then we will address the question to you, Justin. J.Martin: Justin Martin. 5606 North Ten Mile Road. So we did have some concern with both sentences in that section. The first sentence says that it can only serve as a Meridian City Council Meeting September 3, 2002 Page 32 of 42 contractor's yard, similar low intensity use. The applicant shall, prior to any development of the Martin parcel, secure a public street access. So you could construe any development of the Martin parcel in any way you wanted it if it's way too big. I think that we could be fine in saying that we are not going to subdivide the parcel and you also -- Brad, you brought up something about going through the PO ordinance and so we would want anything approved that we could come in with a building permit, one user, one yard, you know what I'm saying? Hawkins-Clark: Uh-huh. J.Martin: And then a second sentence -- yeah, we just see no reason to cut that second access off. We agree that we need another access and that we will work towards that. We know we can't develop this property to streets and multiple lots and multiple users until at what time we have that. Fire won't allow it and the city won't allow it. You know, we agree with thata But we would like to be able to expand the horizons of this contractor's yard, it's so needed, with one owner. I don't know anything we need to get a building permit on in the future. We are a growing company, we don't want to have to go buy access through Interstate Battery, actually buy the building to get access out there to actually ever get future use or expanded future use. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Justin, it reads with the exception of an accessory office building to serve only the contractor's yard for similar use. How about if we just took out the low density. The thing is -- and I have no -- I have no problem with you guys, but it's like Brad says, if you decide this -- somebody comes in and offers you enough money and you find some other ground for your stuff that's cheaper, there is nothing to say you won't sell it and then -- so we have to -- we have to be able to protect this to a degree and I don't think we are hurting you there if we take out that low intensity use, if we just put a similar use. The applicant shall, prior to development, secure a public street access to said parcel. J.Martin: So I'm not sure how it relates -- maybe you can explain how it relates even better, but I know that if we -- I just wanted to go to the point of -- I realize somebody else could come in and not be a one user, get a building permit -- if we go and get a building permit on the property for a shop and an office building, at that point if we sell an industrial place can't come in and build a huge warehouse? Can they have 500 employees? I mean it's just not going to happen; right? I don't see the concern, unless we actually subdivide or go through the PO process. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess courts have to decide all the time what's an expanded use, so if the sentence read: Any expanded use, with the exception of an accessory office building or similar use, the applicant shall, prior to any development, secure a public street access. That allows -- I mean I recognize there is no -- there is no particular objective checked Meridian City Council Meeting September 3,2002 Page 33 of 42 off boxes for what an expanded use is, but the court has to determine that all the time as to what it is and our concern is exactly I think what Mr. Bird just said -- it's not your company, but someone else just coming in and expanding it without us having some ability to come back and say, no, you have to have this, you have to have a second access. The only thing is is just the expanded, rather than low intensity. J.Martin: I somewhat agree. We could have -- in Becky Bowcutt's opinion and Brian McColl's opinion, we didn't have to come before Council to get the use we have now, we could have had a private drive through that property to our parcel. Shari Stiles, Planning and Zoning staff, had the ability to tell us that we are not going to approve your certificate of zoning compliance and that we would have had to bring that -- that in front of the Council anyway, because Shari told us she would deny it. It seems that staff has the ability to make those calls, just like they have done to us here. Nary: But that may not always be the case. J.Martin: We'd still be back in front of you -- they can say no and may not be able to field it at the Planning and Zoning director position, which is a route we didn't go, but would have been the case. I think Lisa would be better suited to answer the legal question. I mean I just don't have the legal knowledge of what we are asking for in that respect. Bird: We have two of them and we don't either. Corrie: You want to ask the question to counselor counsel? Nary: Well, if you heard what I said as to what I have been saying this evening is just to deal with -- that as long as it wasn't an expanded use. Rasmussen: My problem legally looking at this condition is that you're saying prior to any development and you're saying an expanded use of the Martin parcel they'd have to secure a public street access to said parcel. Looking at your zoning ordinances, if you look at the definitions of what a lot is and, you know, also the categories of light industrial uses, none of them require that you have to have a public street access. All it says that you have to have a private or a public street and so the problem that I have, especially given the circumstances that we find ourselves in, is that there is going to be a condition that before you can use this property you have to have a public street coming into your parcel when that isn't a requirement of the zoning ordinance itself and I -- you know, the applicants here are being very cooperative and probably would agree to, like they said, work with people to the west or whatever, but the way things are right now, they don't have that option of bringing the public road in, unless they can buy -- you know, buy their way through somebody's property and where it's not a requirement of your zoning ordinance, I don't know how it can be a condition of the approval here tonight. Nary: Because the requirement here is talking about expanding use. If they want to maintain the use or maintain a similar use, they don't have to change anything, they don't have to do that. Meridian City Council Meeting September 312002 Page 34 of 42 Rasmussen: As long as they are in compliance with -- as long as they are doing an industrial -- light industrial -- they are using the property for light industrial purposes, they shouldn't have to obtain a public road into that propertYa Nary: Righta So that wouldn't be an expanded USea Rasmussen: Correct. Nary: That's all we are saying. If it's going to be anything more than that, then they will need public access. Rasmussen: More than a light industrial, then they'd have to, you know -- actually, yeah. Nary: That's what I said. Rasmussen: Okay. Bird: But we are trying to get the wording that says that, just to protect future councils and future staff and future owners of the deal, like we didn't do, evidently, on the 60 foot easement. Rasmussen: So maybe if the wording can, instead, be low intensity use, say light industrial use and keeping it in line with what the zoning ordinance says. Nary: What I was proposing is that it would say any expanded use, with the exception of an accessory office building or similar -- and you can put light industrial use if you want. I just thought use is fine, but light industrial use is fine. The applicant shall, prior to any development, secure a public street access. So if they are going to expand it larger than - this, to something different than a light industrial use, then they need to have another _ access. Rasmussen: And I would just assume that that would be part of that application process, that -- because I can't speak to every possible scenario that could come before you -- you know, if they come back and want to use it for manufacturing purposes, I'd have to look in the code to see does a manufacturing -- if they want to manufacture on_- this piece of parcel -- or this piece of ground, do they need a public road and I don't know the answer to that tonight. I could look real quick, but -- Nary: But all we would be doing is giving notice to this property owner or any other property owner if you're going to do something, here -- this you will have. Whether the ordinance is different in two or three years from now or the table of uses is different, I don't knowa But you will have this saying if you're going to do more than what you see- out in front of you today, you buy that property, you might have to go get another . access. Rasmussen: You might have to. Bird: You might have to, yes. ( Meridian City Council Meeting September 3,2002 Page 35 of 42 Nary: If it's something more. And that way at least they have notice. Rasmussen: Okay. Corrie: You need to speak into the mike. Rasmussen: He says as long as -- light industrial use is fine or the way that you worded this condition that they don't have -- Corrie: All right. De Weerd: Make sure you take a look at the findings and make sure. Corrie: Any other testimony? Council? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Now on number four how did we change that? Let's get that down for the record. Nary: Any expanded use, with the exception of an accessory office building or similar light industrial use, the applicant shall, prior to any development, secure a public street access to said parcela Bird: I thought it would be light industrial. Nary: Or light industrial use. Bird: Okay. Nary: Light industrial use. Bird: And you have got that wrote down when you make the motion, Mr. Nary. Nary: Actually, I think Mra Nichols would write it down. Bird: But he can't make the motion. Nichols: Mr. Mayor? Mr. Mayor, Members of the Council, could we insert the word other in front of the word development, so it says any other development, so that it doesn't look like the accessory -- no accessory building -- Bird: Yeah. Nichols: Mr. Mayor, Members of the Council, I rely upon Mr. Willis to get it. Corrie: Okay. Meridian City Council Meeting September 3,2002 Page 36 of 42 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Perhaps Mr. Nichols can also read number one as well, the suggested language you have for that, too. Nichols: Mr. Mayor, Members of the Council, it would be approval of this private street does not constitute city approval of access for parcel number 81211449010. Period. Bird: That's right. Number one condition. Nary: It actually could probably be just a consideration and not a condition. Bird: Is that wording okay with their lawyer? Corrie: I see she's shaking her head. I assume that that is affirmative. All right. Okay. De Weerd: Note that on the record, Mr. Willis, that she said yes. Corrie: OkaYa If there is no more testimony, I will entertain a motion to close the Public Hearing. Nary: So moved. McCandless: Second. Corrie: Okay. Motion made and seconded to close the Public -- Bird: Before we vote -- go ahead, Mayor. Corrie: -- to close the Public Hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Okay. Mr. Birda Bird: Well, I wanted it before we closed it. I wanted to -- Corrie: Oh, I'm sorry. Bird: They had a -- that's okay. I mean Kenneth can answer this. They had talked about a future development of this parcel required two separate egress on it, which was a condition of the fire department, item number five. Justin addressed that as not -- and I think we probably took care of it in our recommendations, so I don't need -- think it needs to be probably up to the fire department recommendation. Meridian City Council Meeting September 3,2002 Page 37 of 42 Bowers: Mayor Corrie and City Council Members, Councilman Bird, yeah, that will be fine. We were just afraid that there would be other development back there and we wouldn't have two accesses to it. You first start off the road is over 600 feet and you don't even get to the turnaround, so that road could be 1 ,000 feet, it could be 1,100 feet clear to the back, so that's what we were concerned about. Yeah. Bird: But I think our recommendation if any expansion takes care of that number five of the fire department. Bowers: Yes. Nary: Mr. Mayor? Corrie: Mra Nary. Nary: We can simply reference in the fire department recommendation that it be consistent with the condition of approval. Bird: That's right. Corrie: Any other discussion? Bird: I have none, Mayor. Corrie: All righta Hearing no other discussion, Council, who wants to take a crack at the motion? De Weerd: The attorney. Bird: The attorney. Corrie: Which one? Bird: The one that can. The one that can. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: lid move the approval of MI 02-007, the request for approval of a 24 foot wide private road for the landlocked parcel by Elaine Martin at the northwest corner of North Linder Road and West Franklin Road pursuant to the staff report dated August 30th, with the following amendments: That condition one be deleted as a condition, but it be also included as an additional consideration, the language to include that approval of the private street does not constitute approval of city access to parcel number 81211449010; that the other conditions as presented and renumbered to include now what was number four would now be number three and it would now read: Any expanded use, with the exception of an accessory office building or light -- or other light industrial use, the applicant shall, prior to any other development, secure a public street Meridian City Council Meeting September 3,2002 Page 38 of 42 access to said parceL All the other conditions are as written. And for counsel to prepare Findings of Facts and Conclusions of Law and Decision and Order from all of that mess. Bird: Second. Corrie: Okay. Motion has been made and seconded. I will not repeat it. Any further discussion? De Weerd: Mr. Mayor? On item -- Corrie: Mrs. de Weerd. De Weerd: On item number eight, now renumbered seven, it should be noted that it's not Taylor Lane, but Marcon Lane. Nary: Oh. Corrie: Okay. With that added -- okay with the second? Bird: I second. Corrie: Okay. De Weerd: Mr. Mayor, just one more on the fire department's comments, that their number five would reflect the new numbers -- new rewritten number three. Nary: The fire department condition would include language that it would be consistent with condition of approval. Bird: Second agrees. Corrie: Any other discussion? Corrections? All right. Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. Motion is approved with conditions and we will see how the Findings of Facts and Conclusions of Law come out. MOTION CARRIED: ALL AYES. De Weerd: Mr. Mayor? Corrie: Mrsa de Weerd. De Weerd: On this item, I would still like staff to do a little further research on how that -- how we lost the easement and the roadway from the I nterstate Battery application and if there can be a little further investigation on that, it would be appreciated. Meridian City Council Meeting September 3,2002 Page 39 of 42 Bird: This Council member would second that. Corrie: I was under the understanding that you were going to do that anyway with what Council came across, so thank you, Mrs. de Weerd. Okay. That concludes the agenda for tonighta I will entertain a motion for adjournment if we have nothing else. Bird: So moved. McCandless: Second. Nary: Second. Corrie: Moved and seconded for adjournment. All those in favor say aye. MOTION CARRIED: ALL AYES. Corrie: 9:10 p.m. MEETING ADJOURNED AT 8:34 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) DATE: /1/IZ/tJZ ATTEST: ( August 30, 2002 M102-oo6 MERIDIAN CITY COUNCIL MEETING APPLICANT Capital Development September 3, 2002 ITEM NO. 3-B REQUEST Findings: Request for Amendment to the Area of Impact (Bristol Heights)- southeast comer of West Chinden Boulevard and North Locust Grove Road: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Findings &fro~ Contacted: Phone: ublic meetings shall become property of the City of Meridian. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CHANGE FROM MERIDIAN TO BOISE AREA OF IMPACT FOR 9.25 ACRES LOCATED AT THE SOUTHEAST CORNER OF CHINDEN BOULEVARD AND NORTH LOCUST GROVE ROAD CAPITAL DEVELOPMENT, APPLICANT C/C 05/07/02 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. MI-02-006 AMENDMENT TO THE MERIDIAN AREA OF IMPACT FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER The above entitled matter coming on regularly for public hearing before the City Council on August 20, 2002, at 6:30 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and David McKinnon Planner for the Planning and Zoning Department, appeared and testified, and no one appeared in opposition, and the City Council having received a report from Shari Stiles, Planning and Zoning Administrator, and David McKinnon, Planner II for the Planning and Zoning Department, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission, makes the following: AMENDMENT TO THE MERIDIAN AREA OF IMPACT FOR MI-02-006 - 1 ( FINDINGS OF FACT 1. The subject property is located at the northeast comer of the City's area of impact at Chinden Boulevard. 2. The owner of record is Ramon Yorgason, 6200 Meeker, Boise, Idaho. 3. Applicant is Capital Development, 6200 Meeker, Boise, Idaho. 4. The proposed application requests a change from Meridian to Boise Area of Impact for a proposed Bristol Heights No. 21 Subdivision by Capital Development. CONCLUSIONS OF LAW 1. Approval of this request for change of the area of impact is based on the sewer line information provided by the applicant. The necessity of a gravity sewer service that would require 3 to 4 feet of fill for the property to accommodate Meridian sewer service warrants a change beillg made ill tile area of impact. Documentation has been provided to the Meridian City Engineer that no otller solutions to the problem are possible or reasonable. Removal of this parcel from Meridian's area of impact and the inclllsion of this property within Boise's area of impact is the logical solution. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. Subject to approval by Ada County and Boise City, the applicant is hereby granted an amendment to the Meridian Area of Impact for inclusion of the property within Boise's Area of Impact, based upon the sewer line information provided by the applicant, and AMENDMENT TO THE MERIDIAN AREA OF IMPACT FOR MI-02-006 - 2 would require 3 to 4 feet. of fill for the property to accommodate Meridian sewer service warrants a change being made in the area of impact. Additionally, documentation that was provided to the Meridian City Engineer that no other solutions to the problem were possible or reasonable, and, therefore, removal of this parcel from Meridian's Area of Impact is the logical solution. By action ofthe City Council at its regular meeting held on the 3 r5 day of S~~hFYv~ ,2002. , ROLL CALL COUNCILMAN BIRD VOTED~ COUNCILWOMAN de WEERD VOTED~ VOTED~ COUNCILWOMAN McCANDLESS COUNCILMAN NARY VOTED~ MAYOR ROBERT D. CO~ (TIE BREAKER) VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Dated: f~;3 -tfJZ-- \\\\\\"111111/11 \\\ Of Ut::'" III ",,\ ~ ~~//\."II/~/ " ,~ "' '""VA 'l $" v ~OD..a -''" ~ " ' ..c,O -.. ~ l"'L-. ~ S ~- ~<:> ~ ~ ~ : ~ - - .... ~ - " z:\ Work\M\Meridian\Meridian 15360M\Bristol Heights MI02-006\FfClsOrdMI-02-006.doc AMENDMENT TO THE MERIDIAN AREA OF IMPACT FOR MI-02-006 - 3 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST ) FOR CONDITIONAL USE PERMIT FOR ) 4-PLEX UNITS IN AN L-O ZONE FOR ) PROPOSED SCOTTSDALE SUBDIVISION, ) LOCATED AT LOTS 4 AND 5, BLOCK 2 OF ) SCOTTSDALE SUBDIVISION, W. ALDEN ) DRIVE, MERIDIAN, IDAHO ) ) ) ) ) BY: C.W. CONSTRUTION, INC. APPLICANT. C/C 08/20/02 CUP-02-013 ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on August 20, 2002, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of6:30 o'clock p.m., and the Council having received the record of this matter from the Planning and Zoning Conunission including the Planning and Zoning Commission's Recommendation to City Council, and David McKinnon, Planner II for the Planning and Z011ing Department, Mike McCarthy, Richard Breinholt, David Beamon, Steve Cloyd, and Joseph Dollerty, appeared and testified, and the Council having duly considered the matter makes the following Findings of Fact and Conclusions of Law and Decision and Order. FINDINGS OF FACT AND CONCLUSIONS OF LAW 1 a The City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and 'all ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY C.W. CONSTRUCTION, INC. SCOTTSDALE SUBDIVISION / (CUP-02-013) - 1 ( current zoning maps thereof and the COlllprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629 - January 4, 1994 and Maps. 2. Staff has complied with the requirements ofI.C. SS 67-6509 and 67- 6512 and SS 11-2-416 E and 11-2-418 E. 3. The property is located at Lots 4 and 5, Block 2 of Scottsdale Subdivision, w. Alden Drive, Meridian, Idaho 4. The owner of record of the subject property is Richard Breinholt, 1976 Star Lane, Meridian, Idaho. 5. Applicant is C.W. Construction, Inc., 1500 W. Barrett Drive, Meridian, Idaho. 6. The subject property is currently zoned L-O. The zoning district ofL-Q is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 7. The applicant requests the conditional use permit for the construction of four (4) multi-family units (4-plexes) on 1.08 acres. The units would be two story units. The L-Q zoning designatio!l withil1 the City of Meridian Zonil1g and Development Ordinance requires a conditional use pemlit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 8. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehel1sive Plan. 9. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City Ordinal1ce. 10. The City Council recognizes the concerns of Wendel Bigham of Joint School ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY C.W. CONSTRUCTION, INC. SCOTTSDALE SUBDIVISION / (CUP-02-013) - 2 District No.2 in his letter of April 29, 2002, and of petitioners in a petition of May 22,2002. 11. The neighbors in the adjacent single family residential subdivision believe that the proposed development would not constitute a compatible transition between their property and the existing L-O zone. CONCLUSIONS OF LAW 1. Pursuant to testimony at the public hearing, and the conclusion of the City Council, the proposed Scottsdale Subdivision to consist of two-story buildings would not be ham10nious with the adjacent neighbors, and it would be an incompatible transition from single- family housing i11to the Limited Office (L-O) zone, and therefore the application should be denied. ORDER OF DENIAL OF APPLICATION NOW, THEREFORE, BASED UPQN THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, the above nan1ed applicant is denied the requested conditio11alllse permit. The City Council of the City of Meridian hereby adopts and approves this Decision and Order of Denial. '(?I'tt- Dated this ~ -- day of ~kr.-~ , 2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED1~ ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY C.W. CONSTRUCTION, INC. SCOTTSDALE SUBDIVISION / (CUP-02-013) - 3 COUNCIL WOMAN TAMMY de WEERD VOTED ~ VOTED ~ VOTED ~ COUNCIL WOMAN CHERIE McCANDLESS COUNCILMAN WM. L. M. NARY --- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 9- 3-(}2- VOTED MOTION: APPROVED: jf]~ ----...... DISAPPROVED: Copy served UpOl1 Applica11t, the Planning and Zoning Department, Public Works Department and the City Attorney. By:dI~p~~ City Clerk Dated: SEAL ~ ~ ~::: ~ ~ ....qj- ~O ~ ~.,o ~r 1s\ · ~ $ Z:\Work\M\Meridian\Meridian 15360M\Scottsdale Sub CUP02-013 VAR02-010 Denial\FFCLOrdCUPDe~O~lA~ ~~ $" ".11' \.,.OU'~ tf'T"'.I ,v,~ ~II'I n 'i t t \\\\" II/find un1"\ ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY C.W. CONSTRUCTION, INC. SCOTTSDALE SUBDIVISION / (CUP-02-013) - 4 ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF BEAR CREEK, LLC / BEAR CREEK SUBDIVISION, REQUEST FOR A VARIANCE FROM THE MINIMUM LOT FRONT AGE REQUIREMENT FOR LOT 1, BLOCK 3 IN AN R-4, LOCATED AT 714 W. CALDERWOOD, MERIDIAN, IDAHO C/C 08-20-02 ) ) ) ) ) ) ) ) ) CASE NO. V AR-02-010 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on August 20, 2002, and David McKinnon, Planner II for the Planning and Zoning Departn1ent, Gary Smith, Public Warks Director, and Matt Schultz, appeared and testified at the hearing, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby n1ake the following Findi11gs of Fact and Conclusiol1S of Law a11d Order of Decision, as follows to-wit: STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The applicant, Bear Creek, LLC, and Bonlp Construction, Inc., OWl1er of the property located on Lot 1, Block 3 of Bear Creek Subdivision at 714 W. Calderwood Street, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / BEAR CREEK, LLC / BEAR CREEK SUBDIVISION (V AR-02-010) Page 1 of 7 Meridian, Idaho, filed for a variance of the minimum lot frontage requirements of the Meridian City Code at 911-9-1. 2. Applicant, Bear Creek, LLC, seeks a variance of the minimum lot frontage requirement to build a home that would front on the side of the lot that does not have the minimum 80' of required frontage. 3. The location of the subject property is located in a Low Residential Density District (R-4) on Lot 1, Block 3 at 714 W. Calderwood, Meridian, Idaho. 4. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears in the record of proceeds of this matter, and which is on file with the City Clerk's office. 5. It is found that there are no special circumstances or conditions affecting the property that makes the strict application of the provisions of this title impracticable or unreasonable. The applicant may not be able to build certain homes on the lot, but many different homes could be built on this lot fronting Calderwood. Furthermore, the proposed building footprint included with the application can be rotated to fit on the lot facing Calderwood, and still meet all of the setbacks. The City has required directional arrows on all plats when the frontage on a comer lot is less than the minimum. This is not a unique or special circumstance within the City of Meridian. 6. It is found there are no special circumstances (due to unusual topography, nature or condition of adjacent development or any physical conditions) that make strict compliance unreasonable. The applicant platted the lot in this configuration, and could have altered the lot FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / BEAR CREEK, LLC / BEAR CREEK SUBDIVISION (V AR-02-010) Page 2 of 7 to have additional frontage along S. Beartooth Way. 7. It is found that the requested variance will not be detrimental to the public's welfare or injurious to other properties in the area. However, the goals and objectives of the Meridian City Code will be compromised should a variance be granted. 8. It is also found that the issuance of a variance for the reduction of the minimum frontage requirement will have the effect of altering the purpose and interest of the Zoning Ordinance. Variances should not be issued for the sake of convenience. It is additionally found that the applicant can design a house to fit on the existing lot that will meet all of the MCC requirements. 9. Meridian City Code, 9 11-18-3, and in particular item 911-18-3 D, FINDINGS, and in the R-4 zone, provides as follows: 11-18-3 D FINDINGS: 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. 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. 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. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / BEAR CREEK, LLC / BEAR CREEK SUBDIVISION (V AR-02-010) Page 3 of 7 ( STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW Judicial Notice: The Council may take judicial notice of goven1ment ordinances, and policies, and of actual' conditions existing within the City and Statee 1. The City of Meridian has authority pursuant to the enactment of the "Local Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code and in particular in S 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has duly exercised its authority of Idaho Code 9 67-6516 by the enactn1ent as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code 9 67-6509, 6516 and Meridian City Code S 9 11-15-5 and 11-17-5. 4. Applicatiol1 and standards for variances are set forth in Meridian City Code S 11-18-2, and the findings which are required are set forth in Meridian City Code S 11-18- 3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / BEAR CREEK, LLC / BEAR CREEK SUBDIVISION (V AR-02-010) Page 4 of 7 ( adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a 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, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Pursuant to the staff and public testimony and action of the City Council at their August 20, 2002 meeting, that the request for variance should be denied. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. Pursuant to SS 11-18-3 and 11-9-1 of the Meridian City Code, the Applicant is hereby denied the variance from the lllinilTIUm lot frontage requirement as per the decision of the City Council at their August 20,2002, nleeting, for the real property located on Lot 1, Block 3 of Bear Creek Subdivision at 714 W. Calderwood Street, Meridian, Idaho. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / BEAR CREEK, LLC / BEAR CREEK SUBDIVISION (VAR-02-010) Page 5 of 7 property which may be adversely affected by the issuallce or denial of a variance from the minimum lot frontage requirement of 11-9-1, and may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 7 r.ft day of J-e-p Ie I"'-'~ , , 2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~- COUNCILWOMAN TAMMY deWEERD VOTED~- VOTED ~---- COUNCILWOMAN CHERIE McCANDLESS COUNCILMAN WM. L.M. NARY VOTED~ ----- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: f-$-02- MOTION: APPROVED: ~---- DISAPPROVED: B~~~~9- \\\\\\\111111/11 \ \ \ \ ",-C . AC"" 1111 ,'\'...J V' 'VlCR//'L 11// ", ~"' ~""1.. ......../ Copy served upon Applicant, the Planning and Zoning Department, PU~l ~n~ and the City Attorney office. ! () \. = ~ = = ~ ~ - /A---3,,-tJ ~ ~ ~<.t-r 1$\ ."' II,! Dated: -/. r~ ..., ^" -w~ ~" ~"II '--' UUN\t( t \ \ \' 'II ,\\ Iltll,nllp~~~ 6 of 7 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / BEAR CREEK, LLC / BEAR CREEK SUBDIVISION (V AR-02-010) City Clerk z:\ Work\M\Meridian\Meridian 15360M\Bear Creek Sub V AR02-01 0 Denial\FfCIsDenyVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / BEAR CREEK, LLC / BEAR CREEK SUBDIVISION (V AR-02-0 1 0) Page 7 of 7 August 3D, 2002 MERIDIAN CITY COUNCIL MEETING September 3, 2002 APPLICANT REQUEST Resolution No. {:J 2 -- :J t3 6 Agreement with Robert and Christy Haddock ITEM NOa 3-6: : Approving Consent to Annexation AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Resolution and Agreement {Y 1?~ ~r t ..-- {Yvr-l fU ~- rIP /}g6 0/"// Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. August 3D, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT ( September 3, 2002 ITEM NO. 3-F : Adopting Human Resources Standard REQUEST Resolution No. Operating Policy and Procedure Manual: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETfLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Policy and Resolution _ p' O~/, 1/;1 ".17 orl IL~ {215 IJUIV v (;L f ,rJ V SCWYL /' <VVL +f tL {}Lpt -h u · ~ Oat Contacted: Materials presented at public meetings shall be interoffice MEMORANDUM To: RECEIVED Pauline Skeggs If;) CITyA~GF ~E~~;IAN Wm. F. NiChOISJt; CITV rl I=Rk' nl=f:"lr i= Resolution/Certificate of Clerk for Standard Operating Policy and Procedure Manual William G. Berg, Jr. Cc: From: Subject: Date: August 29,2002 Will: Please find attached the originals of the Resolution and the Certificate of Clerk, in regards to the above matter. This item is now ready for City Council, and I believe the Resolution may be set for Council's Tuesday, September 3, 2002 meeting. If you have any questions please advise. z: \ W ork\M\Meridian \M en d ian 1 53 60M\Reso III ti 0 ns City Ha 11\2 002\BergS tanda rd OperatingPo Ii cyand Proced ureRESCerto fCl k082 802. doc Ey /Z: \ WORK\M\MERIDIAN\MERIDIAN 1536oM\RESOLUTIONS CITY HALL \2002 \BERGST ANDARDOPERATINGPOLICYANDPROCEDUREl RESOLUTION NO () 2 - $ 86 BY: /(e;'11v /J;r~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "CONSENT TO ANNEXATION AGREEMENT" WITH ROBERT HADDOCK AND CHRISTY HADDOCK, HUSBAND AND WIFE. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1. FINDINGS: WHEREAS, it is il1 the best interests of the City of Melidian to enter into an agreen1ent with Robert Haddock and Christy Haddock, hllsba11d and wife, del10ted as "Co11sent to Annexation Agreement", a copy of which is attached hereto Inarked as Exhibit "A" to this Resolution, the reasons and authority for which are set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into on behalf of tIle City of Meridian that certain agreement with Robert Haddock and Clrristy Haddock, hllsband and wife, entitled "Col1sent to Annexatiol1 Agreelnent", a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. ?r-d- PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this t:J - day of c5eLJ t- r , 2002. y APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ~ ~J? t- r , 2002. , ;7 r d.. 1 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the l111dersigtled, do hereby certify: 1. That I am the duly appointed and elected Clerk of tIle City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk oftrus City, I am the custodian of its records and minutes and do hereby certify that on the $ Cd..... day of cJe,Pt-etnMv . , 2002, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "CONSENT TO ANNEXATION AGREEMENT" WITH ROBERT HADDOCK AND CHRISTY HADDOCK, HUSBAND AND WIFE. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1. FINDINGS: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with Robert Haddock and Christy Haddock, husband and wife, denoted as "Consent to Annexation Agreement", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of Meridian that certain agreement with Robert Haddock and Christy Haddock, 11l1sband and wife, entitled "Consent to Annexation Agreement", a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. DATED this ~~IRiU~IP,f" d.0jJf-e1h//r?v , 2002. \\\ ,..s;;. UE~'III ~'~~ ~ ==~4';'/~ ~ I c} :;P~f'OFt1 ~() \ ' _ A &. ~ () :: - ~~'--/~'~t~. ~ SEAL iity Clerk '" - ~- CERTIFIC~E 0 ~ERK OF ~ 0 t CITY OF M~ ~r 1$\ · ~f- $ ...... ':J!I ~ ~ ,,' "''''''' ~ -, r\,.... e. rr-rV ~v ,,v II" .....VUN '" , ' . \\'\.... II, . \ \- '. . Illtl; ~ H tH\~\ I ( STATE OF IDAHO, ) ) On this brd day of ~b&t , in the year 2002, before me, St1\Q)\oY\.3Yv\.A.~ , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk, respectively, of the City of Meridian, Idaho that executed the said instrument, a11d acknowledged to me that l1e executed the same on behalf of the City of Meridian. SS. County of Ada (SEAL) ....... ....QJL~~.. .~o'[~~~e,.~. :CJI:J l ~ "'-l\:""~ . ' . . . . . \ : . \ . ... ~""'!:c.nJL\.C~.. ..1f.),;.-_...~~.. ..~..aOP ~.. ....... Notarfp~~l~:U Commission Expires: 1- Zg-o~ Z:\Work\M\Meridian\Meridian 15360M\CONSENT TO ANNEXATION AGREEMENT FORM\HaddockCERT OF CLk.doc CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 2 .< R~- ST of ~D.~ COUNTY RECORDER ~( b .), DAVID HAVARRQ i"r: I .~~. 1[L\ :.'}~ FE · -r' - Jf 2002 SP I I PM 2: J 3 I 0 2 I 0 3 3 6 I MER1D1At'J CiTY This sheet has been added to the document to accommodate recording information. Robert and Christy Haddock Consent to Annexation Agreement Approved by Meridian City Council September 3, 2002 ( ( CONSENT TO ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this 2& -Ii- day of J:hL~tl.S t- , 2002, by and between the CITY OF MERIDIAN, a municipal corporatio , and hereInafter referred to as "CITY", and ROBERT HADDOCK and CHRISTY HADDOCK, husband and wife, hereinafter referred to as "DEVELOPER". 1. RECITALS: WHEREAS, the condition of the approval of the 1 acre for one single family residential unit, is that an irrevocable Consent to Annexation Agreement shall be entered into from the "Developer" to the "City" for future annexation to the City; and WHEREAS, tllere is further an agreement by the "Developer" to include in the deeds of the 1 acre, reference to future annexation by the City of Meridian, and WHEREAS, the "City" has agreed to supply water and sewer services which exist adjacent to the 1 acre parcel for one single family residential unit. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follo\vs: 1. In consideration, the "City" agrees to provide water and sewer services to the "Developer" for the 1 acre real parcel for one single family residential unit more particularly described on Exhibit "A", which is attached hereto and by this reference incorporated hereina 2. "Developer" agrees for itself, its successors and assigns, that it irrevocably consents to annexation of the property described in 1. above into the City limits of the City of Meridian at such time as the property is contiguous to the "City", or otherwise eligible for annexation; and 3. Further, the "Developer", its successors and assigns, agree that it will not file any objections to annexation by the "City", will not impede the annexation process in any manner. 4. The "Developer" further agrees that the following shall be included upon all deeds transferring any lot within said development: 4.1 By acceptance of this deed, Grantee, and Grantee's heirs, successors and assigns, acknowledges that said property is subject to an irrevocable consent to annexation, whereby said property will be annexed into the City of Meridian, Idaho. Consent to Annexation Agreement Page 1 of 4 4.2 Said Irrevocable Consent to Annexation Agreement was recorded on the II(!: day of r~felJv~ ,2002, as Instrument No. · / tJ ~ I ~ 3 3 G" in the official records of the Ada County 'Recorder, Ada County, Idaho. 5. The "City" shall record this Consent to Annexation Agreement, including any documents which might be necessary after the date of execution of this agreement, and any and all Exhibits and/or attachments, and submit proof of such recording. 6. The City hereby acknowledges and agrees to supply water and sewer services which are adjacent to the site to the 1 acre for one single family residential unit of which Randy and Christy Haddock have title of ownership. Developer shall be responsible for all expenses necessary to connect to City facilities. 7. The parties hereby agree that if any additional documents are necessary for annexation that both parties will execute said documents to accomplish the purposes of th~s agreement. 8. This Agreement shall be binding upon and inure to the benefit of the Parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Developer" of the property, each subsequent owner and each other person acquiring an interest in the property. Nothing herein shall in any way prevent sale or alienation of the property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. 9. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. This Agreement shall be effective at such time as both parties have executed this Agreementa ACKNOWLEDGMENTS HADDOCK BY: )(.~ itmITty Haddock ~+- Consent to Annexation Agreement Page 2 of 4 ( BY:~\^:~ ff~~L C flS.ty Haddoc CITY OF MERIDIAN ATTEST: By:Jb/~A~~c:r William G. Befg~ Jr., City erk BY RESOLUTION NO. tJ"2 - 3 B 6 STATE OF IDAHO, ) : ss. County of Ada, ) On this zgY4..day of CltJ~ ' in the year 2002, before me, S~~ CL- JJ. 1:2eC'h r , a Notary Public, personally appeared-R.l\.~IDY: eob.eN-6lr HADDOCK and CHRISTY HADDOCK, husband and wife, known or identified to me to be the persons who executed the instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. "" ,........"" ~..", ~ D. lJ~ "'# ~.. .t:"\. if:.. ........ C'A '#~ ~y.- .."'l~ ~ (Sl~!.+ OT A~ J;."\~ \ = * : ..... . * : :: C: = ~ e. PUB~\ .. ; ~.. ..O~ ~ i.P~ .. .. ~ ~ .~ . . ~ ~ .,<J ..~.... ~ ~.. """ l'e OF \~ .""", ~".....I.."" 6(t/;)1LJb~ Notary Public for Idaho My Commission Expires: OK - (3 - dO()f Consent to Annexation Agreement Page 3 of 4 ( STATE OF IDAHO, ) : 58. County of Ada, ) On thi~ ~rd- day of ~, in the year 2002, before me, SV\D\ACY\ SY\,G~.tk , a Notary Public, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) ....... ..ON SA~. ~+ ,,----~~~.. .. ,~~O 't~ ,.~,?Jt.. .. I ~ or- '-.r. 1fCI:J1 ~. \ " . , \ . · f : · . , . . , , . .. \ I · \ C. -. " br__ ~ '~' . . 0> .....,-:,- UJj)..,l..., . . 1-.Jf ,..;:,--... om . ..~..f..c.OF~.. ........ 3 ~ oJ1oY1 Sh~l ~ Notary Public for Idaho My Commission Expires: 1-Z't ~()5 z:\ Work\M\Meridian\Meridian 15360M\CONSENT TO ANNEXATION AGREEMENT FO R!v1\Haddoc k Consen t Wa terSewer Adj acentCi tybu tpropertynotCon tiguous. doc Consent to Annexation Agreement Page 4 of 4 r ( EXHIBIT "A" A tract om land in the SW 14, NE ~, Sec. 13, T3N., Rl W, Boise Meridian (B.M.), Ada County, Meridian, Idaho more fully discribed as follows: Beginning at the East 1/16 corner on the E-W centerline of Sec. 13, T3N, RIW, B.M.; thence running S900QO'OO" W along the E-W centerline of the said sec. 13, a distance of475.25 ft to the "Real Point of Beginning" thence continuing to run 890000'00" W a distance of 195.65 ft to a point; thence running NOOoOO'OO" E a distance of222.64 ft to a point; thence running N900QO'OO" E a distance of 195.65 ft. to a point; thence running SOooOO'OO" W a distance of222.64 ft. to the "Real Point of Beginning." The above discribed property is 1.00 acres and is subject to easements and rights- of-way of record and in use. ( RESOLUTION NO. {} 2- 3 g 7 BY: Ice/IA /J-j;-d A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH A HUMAN RESOURCES STANDARD OPERATING POLICY AND PROCEDURE MANUAL FOR THE CITY OF MERIDIAN; PROVIDING FOR THE FOLLOWING: MISSION STATEMENT, VISION STATEMENT, STATEMENT OF V ALVES, GENERAL INFORMATION, EMPLOYMENT POLICIES, CLASSIFICATION & COMPENSATION, TIME OFF AND LEAVES, BENEFITS, WORKPLACE POLICIES, STANDARDS OF CONDUCT, AND TERMINATION AND DISCIPLINARY ACTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, tIle Mayor and COLlllcilllave the authority [pursuant to I.e. ~ 50-302J to establish resolutions not inconsistent with the laws of tIle state of Idallo as may be expedient, in addition to the special powers therein granted, to Inaintain tlle peace, good gove111J11ent and welfare of the corporation and its trade, commerce and industry; and WHEREAS, tIle Mayor and Council have deelned it expedient and in the best interests of the City of Meridian to establish a Humall Resources Stalldard Operatillg Policy and Procedure Mallual for tIle City of Meridian so tl1at tllere will be a guidelille for enlployees and supervisors to perform their dllties and responsibilities assigned as to their respective positions of employment; and WHEREAS, tIle Hunlan Resources Stalldard Operating Policy alld Procedure Manual shall be the primary guidelines employees and supervisors of the City of Meridian sllall follow, even above the additional policies that may exist within individual departments relatillg to tIle specific operations and responsibilities of employees; and WHEREAS, the Human Resources Standard Operating Policy and Procedure Mallual is not a contract of employment and shall not be interpreted by any employee as SlICh; employees are "at-will" unless otherwise covered by a labor agreemellt, and if anything witllin the HU111an Resources Standard Operating Policy and Procedure Manual disagrees with fonl1al policjes~ legal doclllnellts, collecti ve labor agreelllent, or law, the latter slla11 take precedellce, alld tIle policies of the Human Resources Standard Operating Policy and Procedure Manual do not create a promise, guarantee or contract of any kind between the City and any employee nor does it guarantee employment for a specific period of time nor does it apply to appointlnellt or ren10vaI of appointed positions under Idaho Code sections 50-204 thrOllgll 50-206; and RESOLUTION FOR HUMAN RESOURCES STANDARD OPERATING POLICY AND PROCEDURE MANUAL FOR THE CITY OF MERIDIAN 1 ( WHEREAS, the Human Resources Standard Operating Policy alld Procedure Manual shall apply in general to all personnel employed by the City, as well as volunteers alld elected officials and replaces all prior employment policies, procedures and practices, and no supervisor or employee shall have the authority to establish policy or allow behavior that directly conflicts with these policies; and WHEREAS, the City of Meridian reserves the right to direct and control the operation of its business including, but not limited to, the management, assignment, scheduling, and directio11 of tIle workforce as well as tlle rigllt to discipline or discllarge ell1ployees pursuant to tlle provisions of the Human Resources Standard Operating Police and Procedure Manualllnless otherwise mandated by a labor agreement; and WHEREAS, tIle City of Meridian is committed to ensuring all effective alld respectful workplace. Violations of tIle Human Resources Stalldard Operating Policy and Procedure Manual are subject to corrective and disciplinary action as outlined withill the manual. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. Pursuant to Idaho Code S50-301 et seq., the Mayor and City COl111Cil hereby adopt the City of Meridian Human Resources Standard Operatillg Policy and Procedure Manual, a copy ofwllich is attached hereto and by tllis referellce illcorporated herein. A copy of this Resolution and the attached City of Meridian Hllman Resources Stalldard Operatillg Policy and Procedure Manual shall be held on file in the office of the City Clerk. SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ?h~( PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this cJ - day of ~-Ie~7'/,;~ ,2002. ?t-d... APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this d G:- day of de;;~txA- , ;OO~ ,~ \\ \\\" till 111111/ \\\ of 1~1:'" III ~" -f ~/"~ 1,,// ,,, ~"' vy~ )'-/ ~ (j -.aPCft4 ~.,,,, ~ ~ . ..{jU" - )'~ ~ ~ ~ <:> ~ ~ ~ - - ~ - = = ~ 7~ OJ& o~ ~.~ ~ 0' ~"c ~r 15\ · ~ ~ z:\ Work\M\Meridian\Meridian 15360M\Resol utions City Hal1\2;~~~Stan.dard~~ti,J\~toliCyandProcedure082802.dOC '111;VUN1-~ 0' 1.\\\\' RESOLUTION FOR HUMAN RESOURCES STAffdxRD OPERATING POLICY AND PROCEDURE MANUAL FOR THE CITY OF MERIDIAN 2 ( TABLE OF CONTENTS TOPIC PAGE#: Mission, Vision, Value Statement 3 Manual Overview 4 Mayors Welcome 5 SECTION 1: GENERAL INFORMATION 1.1 Introduction 6 1.2 At-Will Employment 8 SECTION 2: EMPLOYMENT POLICIES 2.1 Equal Employnlent Opportunity 9 2.2 Affirnlative Action 12 2.3 Harassnlent and Discrimination 14 2.4 Anlericans with Disabilities Act 18 2.5 Immigration Control 19 2.6 References 20 2.7 Recruitment, Selection, Promotion, Transfer 22 2.7.1 Crilninal Background Check 26 2.8 Trial Service Period 28 SECTION 3: CLASSIFICATION & COMPENSATION 3.1 Employee Classification 30 3.2 Hours Worked 32 3.3 Payroll 34 3.4 Compensation Program 35 3.4.1 Individual Pay 39 3.4.2 Progranl Updates 41 3.4.3 Perforn1ance Increases 42 3.4.4 Wage Adjustnlents 45 3.5 Travel & Expense Reimbursement 48 3.6 Ovel1ime Compensation 51 SECTION 4: TIME OFF AND LEAVES 4.1 Holiday Schedule 53 4.2 Vacation 55 4.3 Sick Leave 57 4.3.1 Incurable Terlninal Illness Pool 59 4.4 Fatuily and Medical Leave 61 4.5 Bereavement 65 4.6 Civil Leave 66 4.7 Military Leave 67 4.8 Leaves of Absence 68 SECTION 5: BENEFITS 5.1 Group Health Benefits 70 5.2 COBRA 71 5.3 PERSI Retirement 73 5.4 Educational Reimbursements 74 SECTION 6: WORKPLACE POLICIES 6.1 Life Threatening Illness 75 6.2 Use of City Equipment 77 6.2.1 Use of City Vehicles 78 6.2.2 Use of Phones, Fax, Copier, Computer 79 6.2.3 Electronic Mail 81 6.2.4 Use of Internet 84 6.2.5 Credit Cards 86 6.3 Training and Developnlent 87 6.4 Absenteeism and Tardiness 89 6.5 Bulletin Boards 90 6.6 Drivers License 91 6.7 Emergency Closure 92 6.8 Nepotism 93 6.9 Safety 95 6.10 Political Activities 97 6.11 Gifts and Gratuities 98 6.12 Solicitation 99 6.13 Outside Etnployment 100 SECTION 7: STANDARDS OF CONDUCT 7.1 Drug and Alcohol Policy 101 7.2 Smoking 112 7.3 Workplace Violence 113 7.4 Crinlinal Charges and Misdemeanors 114 7.5 Standards of Conduct 115 7.6 Prohibited Activities 118 SECTION 8: TERMINATION AND DISCIPLINARY ACTION 8. I Ternlination of Employtnent 120 8.2 Disciplinary Action 123 8.2.1 Disciplinary Appeal 126 2 ( THE CITY OF MERIDIAN, IDAHO MISSION STATEMENT Meridian city government provides leadership, vision, and long-term direction in a manner that promotes the community's progressive spirit, economic vitality, efficiency, safety, and quality of life. City .departments provide essential public services guided by the highest principles of customer service, fiscal accountability, and community-wide partnerships, reflecting their deep commitment to protecting and preserving the public trust. VISION STATEMENT As the century unfolds, Meridian will experience continued population growth, more diversity, higher citizen expectations, and greater demand for essential public services at a time when resources are limited. Challenges will be met through the innovative use of technology, internal process improvement, creative programs, and careful planning. The City will seek new and broader strategic partnerships, invest more in employee development, and establish integrated services that ensure a safe, balanced, wholesome, and harmonious community. STATEMENT OF VALVES We believe in a highly efficient and dynamic work environment characterized by professionalism, integrity, honesty, and compassion. We are an ethical, hard working, knowledgeable, and responsible team, committed to providing consistent, efficient, and public-oriented services. Above all, we are dedicated to sustaining the essential cornerstones of communication, collaboration, understanding, and trust as the central foundation for our work with each other and our customers. 3 ( CITY OF MERIDIAN STANDARD OPERATING POLICY/PROCEDURE MANUAL OVERVIEW Tile following is the City of Meridian's Standard Operating Policy/Procedures (SOP) Manual that outlines the Human Resources policies and procedures for the City. This SOP Manual is provided as a guideline to employees and supervisors as they perform the duties and responsibilities assigned to their respective positions. These policies/procedures are specific to employment and related matters. Additional policies may exist within individual departments relating to the specific operations and responsibilities of employees within them. Employees and supervisors should become familiar with and abide by the guidelines of those additional policies in addition to those contained within this Manual. Should departmellt policies conflict with or contradict the policies or procedures contained within this Manual (other than a recognized collective bargaining agreement), employees shall refer to this Manual as the primary guidelines on such matters. We have done Ollr best to correctly explain the City's policies, procedures and benefits in all sections of this manual. However, if anything in this manual disagrees with formal policies, legal documents, collective labor agreement, or law, the latter will take precedence. The policies contained shall not create a promise, guaralltee or contract of any kind between the City and the employee, nor does it guarantee enlployment for a specific period of time nor does it apply to appointed positiollS under State Code section 50:204-206. This policy/procedure manual is not a contract of enlployment and should not be interpreted by the employee as such. Employees are "at-will" unless otherwise covered by a labor agreement. Either they or the City may terminate the employment relatiollship at any time for any reason other than an unlawful, discriminatory reason. These policies/procedures apply in general to all personnel employed by tIle City, as well as volunteers and elected officials and replaces all prior employment policies, procedures and practices. No supervisor or employee shall have tIle authority to establish policy or allow behavior that directly conflicts with these policies. Management RigIlts: The City reserves the right to direct and control the operation of its business including, but not limited to, the management, assignment, scheduling, and direction of the workforce as well as the right to discipline or discharge employees pursuant to the provisions of this policy/procedure manual unless otherwise mandated by a labor agreement. The City is committed to ensuring an effective and respectful workplace. Violations of these policies and procedures are subject to corrective and disciplinary action as outlined within this manual. 4 MAYORS WELCOME Welcome to the City of Meridian, one of Idaho's fastest growing communities. While much of what we do is solidly rooted in outstanding service to our community, there is equal emphasis on finding new and less costly ways to meet the changing needs of our customers. City enlployees and volunteers are the best. We take pride in Ollf ability to meet the public's needs and providing our customers with individual attention, while at the same time looking to and preparing for the future. In the text that follows, we have addressed many of the more frequently asked questions regarding policies and practices of the City as they relate to employment. Because it is impossible to fully anticipate each situation before it occurs, and because some situations may not apply specifically to a provision addressed in the Employee Handbook, the City encourages its employees to consult with their supervisor or the Human Resources Department when questions arise. Changes in laws, culture alld employee and organization needs preordain personnel policies to constant updating and change. Therefore, caution should be exercised to ensure that this is the most current version of the employee halldbook. In addition, because we are always looking for ways to improve and streamline our personnel policies, we encourage your comments and suggestions. Again, WELCOME TO THE CITY OF MERIDIAN! Robert D. Corrie Mayor 5 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 1.1 SUBJECT: INTRODUCTION AND EMPLOYMENT OVERVIEW PURPOSE: To set forth the City's purpose in providing an outline of its policies and practices as set fortll within its manual of Standard Operating Policies and Procedures (SOP Manual). POLICY: The purpose of the SOP Manual is to set forth in one manual employment-related information that eacll City employee is expected to know regarding employment procedures, polices, compensation alld related information. It is the City's intent that employees will find this information useful and informative. Any questions about this manual or City policy should be directed to the Director of Human Resources at (208) 888-4433. Nothing in this manual, or any other document received by an employee during employment, shall create a promise, representation, or contract of continued employment for any employee. These guidelines are presented as a matter of information only and are not binding employment conditions or an employment contract. The City reserves the right to revise, modify, delete or add to any and all policies procedures, work rules or benefits stated in this manual or in any document at any time. TIle City shall make all available efforts to inform employees of any changes to City policies as soon as practical; however, all policies shall take effect on the specified date as approved by the Mayor and City Council, and therefore binding on all City employees at that time. No oral statements or representations made to employees should be understood so as to change or alter the provisions of this handbook. AUTHORITY & RESPONSIDILITY: The Mayor and City Council shall retain the responsibility and authority to develop, review, approve and implement general policies for the City. As such, the Mayor retains primary authority to establish applicable terms and conditions of emploYlnent for all City employees. No supervisor department head or other representative of the City has the authority to enter into any agreement for employment for a specified period of time or make any agreement contrary to the policies contained in this manual. PROCEDURES AND RELATED INFORMATION I. PUBLIC EMPLOYMENT OVERVIEW The City of Meridiall is a political subdivision of the State of Idaho, though it is not a part of state government. The Mayor and City Council serves as the governing body for the City, carrying out local legislative duties and fulfilling other obligations as required. 6 As with all elected public officials, the Mayor and City Council are ultimately responsible to the residents of the City of Meridian. Only the Mayor and City Council have authority to establish general policies for the City's employees. Each employee should recognize that although he/she may report to an elected or appointed official, he/she remains an employee of the City of Meridian, not of the official who supervises his/her work. II. EMPLOYEE RESPONSIBILITY The manual has been organized and bound so that each employee will be able to maintain and update new or revised policies when adopted. When changes are made, every effort will be nlade by the City to distribute said changes to employees for placement in the manual. However, it will be the ultimate responsibility of each employee to stay abreast of such changes and to maintain his/her manual with up-to-date cllallges. One (1) copy of the personnel manllal will be issued to each employee at the time of employment. Duplicate copies or copies to non-City employees will be available for a fee to cover the cost of printing. III. EFFECTIVE DATE This manual shall become effective on the date adopted by the City Council. The Mayor and City COllncil may, at its sole discretion, alter or amend this SOP Manual or portions thereof at any time. At any time that an individual policy is amended, added, deleted, or otherwise modified, said policy shall become effective the date it is approved by the Mayor and City Council. IV. APPLICABILITY TO COLLECTIVE BARGAINING AGREEMENT(S) All enlployees are expected to understand and abide by all policies as set forth herein. Employees governed by a separate collective bargaining agreement are also expected to follow the guidelines as set forth with in the City's SOP Manual. Should an element of the collective bargailling agreement betweell tIle City and the Fire Department conflict at any time, the elements of the bargaining agreement shall supercede specific elements of this policy/procedure manual. 7 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 1.2 SUBJECT: AT-WILL EMPLOYMENT STATUS PURPOSE: To identify the City's at-will employment policy applicable to all non-represented employees. POLICY: All 11on-represented City enlployees shall be considered at-will employees. Employn1ent may be tem1inated at any time and for any or no reason. Nothing in this nor any other policy, n1emo, verbal agreement, etc. shall create a promise, guarantee or contract of continued ell1ployment. AUTHORITY & RESPONSIBILITY: Human Resollrces shall be responsible for interpreting this policy. PROCEDURES AND RELATED INFORMATION I. All City employees are considered at-will employees unless otherwise stated in the current labor agreement for represented Fire employees. II. Nothing in this policy manual alters the employn1ent at-will philosophy, which means the employee may voluntarily terminate employment with the City for any reason at anytime. III. Similarly, the City may terminate the employee's employment anytime for any or no reason. Nothing in this manual guarantees employment for a specific period of time nor does it apply to appoillted positions under State Code section 50-204-206. 8 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 2.1 SUBJECT: EQUAL EMPLOYMENT OPPORTUNITY PURPOSE: To set forth the City's commitment to supporting equal employment opportunity for all employees and applicants, ensuring an environment free form unlawful harassment and discrimination. POLICY: It is the City's policy to encourage and support equal employment opportunity for all employees and applicants for employment without regard to his/her protected class status which includes gender, race, color, religion, national origin, age, physical or mental disability, veteran or current, past or future military status. Employment decisions will be evaluated on the basis of an individual's job- related competencies and criteria including (but not limited to) knowledge, skills, abilities, job performance (past or cllrrent), job experience and other bona fide occupational qualifications and job-related criteria. AUTHORITY & RESPONSIBILITY: The Human Resources Director is responsible for developing and monitorillg equal employment opportunity programs and activities. Supervisory personnel and employees at all levels in the organization must share in the responsibility for promoting equal employment opportunity to ensure that conlpliance is achieved and that discrimination of any kind does not occur. All incidents of suspected, observed, or alleged unlawful discrimination must be reported to the Human Resources Director or Mayor immediately. PROCEDURES AND RELATED INFORMATION 1. COMMITMENT TO EQUAL EMPLOYMENT OPPORTUNITY Equal ell1ployment opportunity is anlong the highest priorities for Meridian and has been demonstrated by continued good faith efforts and practices in support of equal employment opportunity and affirmative action (see related i11formation in SOP 2.2). II. COMPLIANCE WITH ALL STATE AND FEDERAL GUIDELINES The City of Meridian supports the principle of equal employment opportunity. This policy will communicate to all employees and applicants that the City complies \vith state and federal guidelines and requirements. Equal employment opportunity affects all employment practices at Meridian, inclllding (but not limited to) recruiting, hiring, transfer, promotion, trailling, compensation, benefits, termination of employment and all other privileges and conditions of employment. III. REASONABLE ACCOMMODATION At the request of an employee or applicant, the City will make every effort to provide reasonable accommodation for pllysical/mental disability, military activity, religious beliefs, and related, provided it does not create an undue hardship upon the City. Employees and applicants must directly notify the Human Resources Director of such requests. 9 IV. PROGRAM OBJECTIVES All personIlel policies, programs and practices will be directed towards the goal of promoting equal employment opportunity and a work environment free of unlawful discrimination. It is therefore the City's objective to: A. Recruit, hire, train and promote persons in all job titles, without regard to race, color, religion, gender, national origin, disability, age or veteran's status, except where such status is a bona fide occupational qualification. B. Make employment decisioI1S in a manner which will further the principles of equal eInployment opportunity and affirmative action. C. As opportunities for traIls fer, advancement or promotion occur, including promotions iIlto and within management, periodic performance reviews and analysis of personnel records will be made to ensure that all employees continue to receive equal considerations and that only valid requirements are imposed for these opportunities. v. COMPLAINT PROCEDURE Any employee or applicant who believes that he or she has not been afforded treatment conforming to the policy of equal employment opportunity may file a con1plaint through the Human Resources Department or the Mayor's office. Any employee who feels he or she have been discriminated against or WI10 perceives another employee is being subject to unlawful discrimination sllould promptly take the following steps: Aa Report the matter to his/her immediate supervisor and department head. If circun1stances prohibit this response (e.g. the supervisor is involved in the conduct), report the bellavior to the DepartmeIlt Head, Hllman Resource Director, Mayor or any other 111enlber of n1anagement with whom the employee feels comfortable. B. Reports may be given orally or in writing, and should include specific details of the discriminating behavior. It is helpful if details of dates, times, places, and witnesses, if any of the discrimination can be provided. C. Department Heads are to immediately contact the Human Resources Director (or Mayor should the Human Resources Director be unavailable), providing all related information and documentation received from the employee. D. If it is believed tllat iIladequate action is being taken to resolve the complaint, employees may report such inadequacy directly to the Mayor. VI. CONFIDENTIALITY All complaints will be investigated promptlYa The identity of the employee making the complaint, as well as the identity of the individual accused of discrimination, will be kept as confidential as possible. The matter will be discussed only with tllose who have a need to know, and only in as much detail as is needed throughout the course of the investigation. 10 ( VII. STATEMENT OF NON-RETALIATION No supervisor or any other employee is to retaliate against an employee who files a charge of discrimination, regardless of the outcome of the investigation process. All incidents of retaliatory conduct must be reported to the Human Resources Director or Mayor immediately. 11 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 2.2 SUBJECT: AFFIRMATIVE ACTION PURPOSE: To set forth the City's policy regarding Affirmative Action requirements and the City's compliance with all guidelines and regulations as set forth by related federal regulations. POLICY: The City has been designated as an Affirmative Action employer. Affirmative Action requirements of the federal government are designed to enhance employment opportunities for females and ethnic minorities, people with disabilities and disabled veterans and veterans of the Vietnam era. As such, the City's affirmative action programs provide for fuller utilization and development of all human resources. The City's Affirmative Action Plan will cover all employees and applicants for employment. The City has established a written affirmative action plan (AAP) prepared in conformance with Executive Order 11246, the Rehabilitation Act of 1973, and the Vietnam Era Veteran's Readjustment Assistance Act of 1974, and the implementation of regulations as provided by the Office of Federal Contract Compliance Programs (OFCCP). This written program will be updated on an annual basis, identifying areas of underutilization and establishing goals for the City to work towards. AUTHORITY & RESPONSIBILITY: The Human Resources Department shall be charged with establishing and n1aintaining an up-to-date Affirmative Action Plan, identifying areas of underutilization and employment objectives for the City. Supervisors and department heads are expected to comply with all elements of the AAP and to support its goals and objectives in all employment activities. PROCEDURES AND RELATED INFORMATION I. The Affirmative Action Plan shall serve as documentation of the City's ongoing commitment to equal opportunity in employment. Affirmative action and equal employn1ent opportunity affects all employment practices within the City, including (but not limited to) recruiting, hiring, transfer, promotion, training, compensation, benefits and all other privileges and conditions of employment. II. The Human Resources Director willll1eet periodically with City managers and leaders to discuss progress in the City's AAP goals and ways to better meet those goals. In addition, he/she will meet with specific department heads and other managers as needed to discuss critical areas of identified ullderutilization or other problems identified within the AAP. III. The AAP shall be updated annually by the Human Resources Department or designee, based on current illformation relating to City employees, state demographics, and other 12 related informatiol1. A copy of the nlost Cllrrent AAP shall be found in at the Human Resources Department made available to employees and managers upon request. 13 ( CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 2.3 SUBJECT: HARASSMENT AND DISCRIMINATION PURPOSE: To set forth the City's policy against unlawful harassment and discrimination in the workplace. POLICY: It is the City of Meridian's policy to foster and maintain a work environment that is free from discrimination, intimidation, hostility or other offenses, which might interfere with work performance. All employees regardless of their status of employment, have a rigllt to work in an environment free from intimidation, ridicule, or harassment based on gender, race, color, age, religion, national origin, physical or mental disability or current, past or future military status or any other character protected by law. The City will not tolerate harassment of any kind in its employees' day-to-day commullication with co-workers or members of the public. Employees are expected to show respect for each other and the public at all times. The City requires each employee to use the procedures set forth in this policy to address any harassment/discrimination problems as soon as possible. The City strictly prohibits unlawful harassment and discrimination as defined herein. AUTHORITY & RESPONSIBILITY: The Human Resources Director is charged witll ensuring compliance by the City so as to ensure an environment free of harassment and discrimination. All employees are required to report any case of harassment or discrimination that has been received, observed, or 11eard of to their department 11ead, the Director of Human Resources, or the Mayor. The department head must report the incident directly to the Human Resources Director and/or Mayor inlmediately. Unless otherwise unavailable, the Human Resources Director shall be charged with coordinating all related illvestigations and providing a final report of the conclusions to the Mayor for determination of appropriate action. PROCEDURES AND RELATED INFORMATION I. HARASSMENT DEFINED In support of this policy, the City expressly prohibits any form of employee harassment based on race, religion, sex, national origin, age, disability, or an employee's status protected by state or federal law. In addition, the City has adopted a "no tolerance" policy. Improper interferellce with the ability of employees to perform their expected job duties will not be tolerated. Specifically, with respect to sexual harassment, the City defines sexual harassment in the following manner: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such 14 ! ( '- conduct is made either explicitly or implicitly a ternl or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Harassment of a sexual nature can take the form of "quid pro quo" or "hostile environment." Definitions of these forms of harassment are given in the following sub- sections of this policy. Neither form of harassment will be tolerated. A. Quid Pro Quo: Quid pro quo is an excllange of sonlething for something. When applied to sexual harassment, it means demanding sexual favors in return for employment benefits (e.g., compensation, benefits, special privileges, etc.). B. Hostile Environment: This form of harassment involves behavior motivated by the target's gender that makes the workplace offensive, hostile, or intimidating, or it unreasonably interferes with an individual's work performance. I. TYPICAL CATEGORIES Sexual harassment directed toward an employee or applicant generally falls into these categories: (Please note that by providing these examples the City is not stating that any single event listed is per se harasslllent, rather these examples are illustrative of conduct that can be deemed, in some circumstances, harassing). A. Unwanted sexual advances: May include, but are not limited to, unwanted touching, advances, propositions of a sexual nature, or other conduct considered unacceptable by another individual. B. Requests for sexual favors dllring work or as a condition of employment: May include, but are not linlited to, pressures or requests for sexual favor accompanied by an inlplied or stated promise of reward (e.g., preferential treatment, additional favoritism, cOlupensation, benefits). May also include threatening demands concenling one's employment status for refusing to do so. c. Verbal or physical conduct of a sexual nature"! or based upon a person's gender: Sexually orie11ted conlll1ents COllsidered unacceptable such as those regarding an individual's body, dress or appearance; telling "dirty" or sexist jokes that are C011sidered offensive by others; use of sexually degrading words; or any sexually- oriented comlnents, innuendoes, or actions that offend others. D. Sexually-oriented conduct that unreasonably interferes with work performance: This includes, but is not limited to, extending unwanted sexual attention to someone that reduces personal productivity or time available to work at assigned tasks, ogling, leering, verbal abuse, and/or sexual flirtations. E. Creating a work environment that is intimidating"! hostile or offensive because of unwanted advances, innuelldoes, conversations, suggestions, requests, physical contacts, or inappropriate lllaterials of a pornographic or sexual nature. 15 ( II. UNLAWFUL NATURE OF CONDUCT Such conduct becomes illegal wIlen it involves any of the following: A. Submission to the conduct is explicitly or implicitly a term or condition of an individual's employment. B. Submission or rejection of this conduct is a basis for employment decision. c. This conduct has the purpose or effect of substantially interfering with an individual's work performance, or creates an intimidating, hostile, or offensive work environnlent. III. EMPLOYEE RESPONSIBILITY & REPORTING Any employee, who believes that he or she is subject to unlawful harassment, or observes another employee being sllbject to harassment or knows of such, must report the incident( s) inlnlediately. Employees are required to report allY harassment or discriminatioll, whether directed towards themselve or another employee to his/her immediate supervisor and department head. If circumstances prohibit this response (e.g. the supervisor is involved in the conduct), report the behavior to the Department Head, Hunlan Resource Director, the Mayor or any other member of management witll whom the employee feels comfortable. Employees should file reports of harassment as per Section V of SOP 2.1. It is recommended that allY employee who perceives harasslllent politely, but firmly, cOl1front whoever is doing the harassing. Employees should state how they feel about the other person's actions and request that the person cease from his or her unwanted behavior. If the harassmellt continues or if an employee does not feel comfortable confronting the harassing person, he/she should report the matter imnlediate. It is recommended that complaints be filed in writing for doculllelltation purposes; however, each reported case, whether verbal or in writing, will be considered seriously and investigated thoroughly. A failure by an employee to report cases of harassment may indicate a welcome relationship or environment. N. POLICY ENFORCEMENT The City will actively enforce its policy agaillst harassment. The policy applies to all conduct on the City's premises by any supervisor, manager, coworker, elected officials, associate or other member of the public, and to all conduct off the City's premises that affects an employee's work environment. If a violation of this policy has occurred, disciplinary action equal to the scope and severity of the occurrence will be taken against the offending person(s), up to and illcluding termination. v. This policy applies to all terms and conditions of employnlent including, but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, conlpensation, and training. 16 ( VI. COMPLAINT INVESTIGATION All complaints will be investigated promptly. All investigations will be coordinated through the Human Resources Department. The HlIman Resources Director and/or the Directors designee or department head will conduct the investigation. Any outside agency or person hired to conduct an investigation must report to the Human Resollrces Director and the Mayor prior to initiating any investigative action. All findings along with the finished report and recommendatiolls will be forwarded to the Mayor for action. VII. CONFIDENTIALITY All complaints will be investigated promptly. The identity of the employee making the complaint, as well as the identity of the individual accused of discrimination, will be kept as confidential as possible, consistent with a thorough and complete investigation. VIII. STATEMENT OF NON-RETALIATION Employees may be assured that they will not be penalized in any way for reporting or filing a grievance of allY llature. All complaints, which are reported to management, will be investigated promptly. The City prohibits any foml of retaliation against any employee for filing a complaint llnder this policy or for assisting in a complaint and investigation. Please report any retaliatory conduct inlmediately to your supervisor and department head, Human Resources Director or the Mayor. 17 ( ( CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 2.4 SUBJECT: AMERICANS WITH DISABILITIES ACT SECTION 504 - REHABILITATION ACT OF 1974 PURPOSE: To set forth the City's compliance with the Americall's with Disabilities Act (ADA) for general employment, and with Section 504 of the Rehabilitation Act of 1974 for Affirmative Action compliance. POLICY: The City shall provide fair and equitable en1ployment opportunities and shall follow legal employment practices compliant with the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1974. The City prohibits llnlawful discrimination in employment based on an employee's or applicant's physical or mental condition as outlined within the regulations. Reasonable acconlffiodation shall be considered upon request for all applicants and employees provided it does not create an undue hardship for the City. AUTHORITY & RESPONSIBILITY: Human Resources shall be responsible for interpretation and administration of this policy. PROCEDURES AND RELATED INFORMATION I. It is the City of Meridian's policy to provide fair and equitable employment opportunities to qualified persons with disabilities and, upon request from such person, provide reasonable acconunodation unless such accomn1odation would impose an undue hardship. It is also the City's intellt and policy to ensure that all City programs are reasonably accessible to the public. II. For more information about the ADA, Section 504, and specific procedures for requesting reasonable accommodation, employees should contact their immediate supervisor and/or the Humall Resources Director. 18 ( CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 2.5 SUBJECT: IMMIGRATION CONTROL ACT PURPOSE: To outline the City's policy on pre-employment documentation (form 1-9) as required by the Immigration Reform and Control Act of 1986 (IRCA). POLICY: The City is cOll1mitted to ensuring compliance with federal law by hiring only citizens and aliens lawfully allthorized to be en1ployed in the United States. Any person wishing to work for the City of Meridian, regardless of the nature of the job or tIle number of hours or months employed, will be required to show proof of identification and legal authorization to work prior to beginning employment. Identification mllst be provided as outlined within Form 1-9 (Employment Eligibility Verification). AUTHORITY & RESPONSIBILITY: Human Resources shall ellsure compliance with the Immigration Reform and Control Act of 1986 (IRCA) by requiring individuals to complete form 1-9 on or before the first day of employment. Human Resources shall periodically audit all 1-9 forms to ensure that forms are complete, up-to-date, alld that all enlployees are covered. PROCEDURES AND RELATED INFORMATION I. Applicants lllUst submit a con1pleted Form 1-9 as required by the In1mi'gration Reform and Control Act of 1986 (IRCA). Applicants 111USt provide required forms of identification as listed on the form. II. All reqllired docu111elltation must be presented Hunlan Resources on or before the first day of emploYlne11t. III. Any current employee fOllnd not to have completed an 1-9 form shall be required to do so immediately upon notification by Hunlan Resources. Hun1an Resources shall conduct periodic audits to ensure that all employees I1ave completed the required documentation. IV. Individuals who do not submit required 1-9 docume11tation will not be allowed to work for the City. Intentional falsification ofl-9 documentation shall be grounds for immediate termination. V, Any questions should be directed to the Hllman Resources Director. 19 ( CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 2.6 SUBJECT: EMPLOYMENT REFERENCES PURPOSE: To outline the City's policy regarding requests for employment references for current and former employees, as well as the City's requests for information on current or potential employees. POLICY: Human Resources shall obtain all references required by the City for employment of applicants, with the exception of references or background investigations conducted by the police depaliment for law enforcement personneL Employees, supervisors, managers and department heads are not to directly contact outside agencies, organizations, former employers, or anyone else, unless directed by the Human Resources Director. All requests for references nlust be directed to Human Resources. Only Human Resources is authorized to provide emploYlnent information to Department Heads or outside agencies, employers or orgallizations with respect to current or fomler employees. AUTHORITY & RESPONSIBILITY: Only the Human Resources Department is authorized to release or refer employment references on current or former employees to department heads, outside agencies or employers. Requests for references received directly by managers or employees should be referred to the Human Resources Director. ElnploYlnent references for law enforcemellt personnel requested by other law ellforcemellt agencies will be handled through the Police Chief or his/her designee, with copies of all records forwarded to Human Resources for filing. PROCEDURES AND RELATED INFORMATION I. OBTAINING EMPLOYMENT REFERENCES A. Prior to elnploYlnent, the Human ReSOllrces Director or his/l1er designee shall obtain appropriate employment references for applicants from former employers or other references as provided within application lllaterials. B. Reference inforlnatioll shall be limited to verification of employment dates, unless the employee or former employee has completed and signed a written release of en1ployment information and provided it to the Human Resources Department. C. The City reserves the right to conduct additional reference checks during emploYll1ent. Additional cllecks may also take place should suspicion be raised regarding the validity of applicant or en1ployee information. 20 (- I, II. REQUESTS FOR EMPLOYMENT REFERENCES A. Only the Human Resources Department is authorized to provide or refer employment references on current or former employees to department heads or outside agencies, employers, or organizations. B. All requests for references should be referred to tIle Human Resources Director. No manager, supervisor, or employee shall provide employment reference without the express COllsent of Human Resources. C. Reference information shall be limited to verification of employment dates, unless the employee or former employee has completed and signed a written release of employment information and provided it to the Human Resources Department for inclusion in his/her personnel file. D. Employmellt referellces for law enforcement personnel requested by other law enforcement agencies will be handled through the Police Chief or hislher designee. 21 ( ( CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 2.7 SUBJECT: RECRUITMENT, SELECTION, PROMOTION, TRANSFER PURPOSE: To establish the City's policy on recruitment, selection, promotion and transfer as it applies to City employees and applicants. POLICY: It shall be the policy of the City to recruit and select the most qualified persons for employment within the City service. Recruitment and selection shall be conducted in a manller iIltended to ensure fair and open competition, provide equal el11ploYll1ent OPPOrtullity, and prohibit unlawful discrimination or favoritism based on protected class status. AUTHORITY & RESPONSIBILITY: Human ReSOllrces shall oversee the recruitment, selection and all other employment processes to ensure compliance with state and federal law, as well as to achieve the most diversely qualified candidates for an open position. Department supervisors and department heads are responsible to ensure that interviews are scheduled, facilities are arranged, and interview questions and assessments are developed for review by Human Resources. PROCEDURES AND RELATED INFORMATION I. RECRUITMENT & JOB POSTING PROCEDURES As positions become open and are approved for hire, Human Resources shall be notified and requested to conduct a recruitment process to attract the best-qualified applicants for the position. The following procedure shall be followed for each hiring process: A. Human Resources shall post tIle open position with job related information including the salary grade and raIlge. PositiollS will be posted internally through standard channels of communication. External job announcements shall be made typically through area newspapers, Job Service, and other forms of communication directed towards attracting the most diversely qualified applicants. B. Positions will be posted at each City location for five (5) working days for employees to review. Employees interested in other City opportunities are expected to regularly check City bulletin boards and other regular channels of communication for job information. Job vacancies may also be advertised outside the City locations. C. Temporary or seasonal positions Inay not always be posted internally and can be filled by a temporary agency, university students, technical schools or other outside agenCIes. D. All external applicants for employment who are applying for a vacant position must complete and sign a City of Meridian application form. 22 E. Internal employees nlust complete a Request for Pronlotion/Transfer form available in the Human Resources Office. The City will consider outside applicants simultaneously with those internal applicants. II. INTERVIEWS AND SELECTION A. TIle department for which the position is posted will be responsible for setting up the interview, including scheduling interview, arranging facilities, coordinating interviewers, and developing all interview materials and assessments. Upon request, tIle Human Resources department may set up the interview for them. B. All interview qllestions, assessments, tests, or other materials or processes must be submitted for review and approval by Human Resources prior to their use to ensure compliance with state and federal enlployment laws. C. A menlber of Human Resources or an authorized designee should take part in each selectioll process to ensure compliance with employment laws. III. INTERNAL CANDIDATE INTERVIEW Completion of the internal request for pronlotion/transfer does not guarantee a current city employee an interview. ClIrretlt employees must meet the essential qualifications of the open position. In addition, they must have a tninimum of six (6) months service in their current position for general employees and aIle (1) year service for police and bargaining unit employees in the Fire department. Final selection decisions will be based on the same criteria as used for external candidates. IV. VETERAN'S PREFERENCE POINTS Idaho Code Title 65, chapter 5, provides veteran's preference points to State residents who have been in active service in the United States during a recognized war period as defined by Federal Law. Veteran preference points are only applied once, on the initial application for enlployment for conlpetitive exatnination rating positions. v. EMPLOYMENT ROSTER FOR POLICE The City maintaills an employmellt roster for certain positions in the police department. The employment eligibility roster shall remain in effect until the position for which the roster was deternlined is filled or until such time as determined by the Police Chief. After tIle expiration of the eligibility roster, all applicants whose name were originally on the roster will be required to compete through the hiring process in order to have his/her name placed on subsequent hiring rosters. Applicants on the employment eligibility roster must notify the Human Resources Department in writing of any change of address or other changes that would affect his/her availability for future employment. The Police Chief has discretion to select candidates out of the top ten eligible applicants on the hiring roster, regardless of the applicant's final score. 23 ( VI. SELECTION PROCESS A. With the exception of firefighter candidates, the candidate who is best matched for the open position will be selected. This determination will be made through such n1ethods as interview, past perfom1ance, evaluations, etc. B. The Fire Chief has discretion to select candidates out of the top ten eligible applicants regardless of the applicant's final score. C. As an equal employment opportunity employer, gender, race, color, religion, national origin, age, physical or mental disability, or current, past, or future military status will not be discriminatorily considered. VII. NOTIFICATION OF APPLICANTS A. Following the selection of the applicant, except for law enforcement personnel supervised by the Police Chief, Human Resources shall conduct a reference and/or criminal history check to determine candidate's eligibility for hire with the City. Should the checks indicate that tI1e candidate is eligible for employment, Human Resources s11all C011tact the candidate to make the initial job offer. Employment references and job offers for law enforcement personnel will be handled through the Police Chief or his/her designee. B. Supervisors should not directly contact applicants until the offer of employment is made by Human Resources and accepted. c. After the position is filled, Human Resources will be responsible for notifying internal and external applicants of the hiring decision. All questions, comments or concerns regarding tIle cOlnmunication of the hiring decision should be directed towards the Human Resources Director. VIII. SEASONAL OR TEMPORARY EMPLOYMENT Seasonal or temporary employment for City service may be made at the discretion of the hiring depalinlents. IX. PROMOTIONS A. A promotion is defined as a movement by an employee from his/her current position to one that falls within a higher salary range. B. Whenever a position is posted for City employees only, or departmental employees only, or open to the public-at-large, all applications will be rated solely on the information supplied at the time of application. For information regarding the impact ofa pron10tion on an employee's salary, refer to SOP 3.4 (Compensation Policy). C. QUALIFICATIONS Eligibility for promotion/transfer compares minimum relevant qualifications of the new position and the employee's qualifications. 24 1. Factors that generally relate to the position include: a. The duties a11d responsibilities of the position; b. Education, training, or special knowledge reqllired; and c. Experience, including both the nature and length of preVIOUS assignment. 2. Factors that relate to the employee include: a. Quality of work, initiative, planning, dependability and attitude; b. Present and past performance levels; and c. Potential for successful performance in the new position. 3. Required Length of Service: An employee must have a minimum of six (6) months or one (1) year of service for Police in his/her current position before requesting a promotion/transfer unless receiving prior approval fronl all levels of management in the chain of command, starting with the immediate supervisor up to and including the department head, Human Resources and the Mayor. D. Promotions for bargailling unit employees shall be governed by the provisions of the bargaining agreement. Refer to the union contract for criteria and qualifications. x. TRANSFER Employees may transfer from one job to another by means of promotion, demotion, or lateral movement within the same job class. Transfers may be voluntary or involuntary as outlined below. A. Voluntary Transfer: Regular full-time or part-time, temporary, or seasonal employees are eligible to compete for announced City job vacancies, and if successful, transfer to the vacant position. Refer to the Compensation Policy for iIlfonnation about salary iITIpact. B. Involuntarv Transfer: Employees lTIay be involuntarily transferred for any number of reasons which may illclude, but not be limited to: 1. Inability to perform the essential job functions of their position, with or without a reasonable accommodatioll; 2. To accommodate a need for intermittent leave under the Family Medical Leave Act (FMLA); 3. As a result of departmental or citywide reorganization; 4. As a temporary placement while under suspension from their primary duty; 5. To make use of employees' knowledge, skills or abilities in a manner that best meets the interests of the City. In these occasions, transfers may be made at the City's request to satisfy operational needs. 6. A transfer may also be offered during periods of job elimination to avoid termination. In this event, the refusal to accept a reasonable transfer at the City's request will be illterpreted as a resignation. 25 /' \ ( CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 2.7.1 SUBJECT: CRIMINAL BACKGROUND CHECKS PURPOSE: To establish the City's policy on conducting criminal background checks for positions that may come into contact with sensitive information, City assets and equipment, contact with the public, and others as specified within this policy. To evaluate tIle fitness of applicants for employment or continued employment. As required by state and federal law. POLICY: The City may require pre-employment or post-employment criminal background checks be conducted for individuals in positions that: 1. Require access to seCllre or confidential areas or information; 2. Require an employee to exercise supervisioll over children; 3. Require an employee to work on or around police vehicles, equipment and/or firearms; 4. May allow access to homes and/or businesses; 5. Require an employee to handle or make transactions in cash or accounts; 6. Require an employee to drive a City vehicle as a regular part of their duties; 7. Establish a reasonable relationship between the duties of the job and need to check the conviction record of applicants, and considering factors as: access to property, personnel records and/or equipment; 8. Require all employee to work on or around fire vehicles and/or provide patient care. 9. Otherwise creates an ernploynlent situation that appears to necessitate a crill1inal background check. AUTHORITY & RESPONSIBILITY: Except for law enforcelnent personnel supervised by the Chief' of Police, the Human Resources Director and/or designee is authorized to perform, request and receive crin1inal history infoffi1ation from the Idaho State Police and from the Federal Bureau of Illvestigation for any applicant offered employment including transfer aIld promotions with the City of Meridian for those types of positions hereinafter specified. DissemiIlation or other use of criminal history information is prohibited. PROCEDURES AND RELATED INFORMATION I. PRE-EMPLOYMENT CRIMINAL BACKGROUND CHECKS Prior to employment, the Human Resources Director, and/or Director's designee, shall require an applicant to provide information and fingerprints necessary to obtain criminal history information ffonl the Idaho State Police and the Federal Bureau of Investigation. Pursuant to section 67-3008, Idaho Code, and congressional enactment Public Law 92- 544. 26 ( The Human Resources Director and/or Director's designee shall subnlit a set of fingerprints obtained from the applicant and the required fee to the Idaho State Police, Bureau of Criminal Identification, for a criminal records check of state and national databases. The submission of fingerprints and information reqllired by this section shall be on forms prescribed by the Idaho State Police. Initial offers of employnlent are typically not made until the criminal background check is complete. However, in certain circumstances, and as approved by the Mayor, the Human Resources Director may provide an offer of employment contingent upon the outcome of the criminal backgrollnd check. II. POST - EMPLOYMENT CRIMINAL BACKGROUND CHECKS As necessitated by transfer, promotion, suspicion of false illformation obtained during the hiring process, the Human Resources Director may COIlduct a post-en1ployment criminal backgrollnd check at any time during an individual's enlploYlnent with the City. Terms and conditions of employment may be modified or adjusted based on the outcome of such checks. III. All offers of employment are contingent offers, subject to the outcolne of the criminal background check. If the background uncovers any misrepresentation on the application, transfer form or information indicating the individual is not suited for employment, as detemlilled by the City, the applicant or employee will be terminated upon review and the approval of the Mayor. IV. Should a criminal background check provide information relating to previous convictions of one or more felonies and/or misdemeanor, the Human Resources Director, Mayor, and depaliment head shall review all pectine!lt information. Prior convictions do not automatically disqualify an individual fronl enlployment. However, special review and consideration will be illade to ensure the safe and secure working environment of the City, its enlployees, and its facilities. 27 ( CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 2.8 SUBJECT: TRIAL SERVICE PERIOD PURPOSE: To provide new employees with an understanding as to employment responsibilities and expectations regarding employment status. POLICY: Each new employee, whether full-time or part-time, hired shall serve an introductory period of elnploynlent for six (6) months, or aIle (1) year for Police or Fire personnel. AUTHORITY & RESPONSIBILITY: Human Resources shall communicate this policy to new employees during their initial orientation. Supervisors are expected to set clear expectations for employees, and to work with them closely during the introductory period to ensure proper learning and training take place. Supervisors are also expected to provide appropriate feedback and learning opportunities so as to appropriately traill new employees and assess their ability to perform related job duties. PROCEDURES AND RELATED INFORMATION I. Every l1ew regular full-time or part-time employee serve an introductory period of employment of six (6) months, or one (1) year for Police or Fire employees. II. The introductory period is llsed to determine whether tIle enlployee is suited for the position, qualified and capable ofperformillg the work alld call nleet the job standards. III. After conlpletion of the introductory period, new enlployees should be given a performance evaluation as provided for ill the performance appraisal policy. The introductory period may be extended by the department head with Mayor approval, and with written notice to the employee. IV. Followillg the introductory period, enlployees shall be considered "regular employees." Completion of the introductory period is not a 2uarantee of continued employment with the City of Meridian nor does it alter the at-will status. It simply provides a bellchmark for employees and supervisors to achieve wherein heightened training and oversight takes place. v. The City reaffirms that nothing within this specific policy, nor within the policy and procedure manual in any way constitutes a contract between the City and its employees and does not in any way inlply or create any rigllts, contractual or otherwise, on behalf of the City's enlployees. 28 r - ( VI. INTRODUCTORY PERIOD PROMOTED/TRANSFERRED EMPLOYEES A. An employee selected for promotion/transfer will ellter an Introductory Period of not less than six (6) months to assess his/her performance. B. Sworn police officers and bargaining unit employees in the Fire Department have an introductory period of one (1) year. C. Completion of the Introductory Period may not result in a wage/salary review. D. Should the selected employee be unable to satisfactorily perform the duties of the new positioll, his/her supervisor will notify him/her. Efforts will be made to place the employee in another position within the organization for which he/she is better suited and qualified. However, if 110 match is fOllnd, termination may result. 29 ( CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.1 SUBJECT: EMPLOYEE CLASSIFICATION PURPOSE: To set forth the City's employment classification system, including employment classification under the Fair Labor Standards Act relating to the payment of overtime. POLICY: To ensure employment policies are applied consistently and in the manner for which they are intended, the following standard terminology shall be used to define the various types of employees in the City's workforce. AUTHORITY & RESPONSIBILITY: Human Resources shall ensure appropriate employment classification for purposes of salary, benefits, and overtime availability. Human Resources may conduct periodic reviews of positions to ensure appropriate classification. Supervisors should contact the Human Resources Department regarding any employment classification or overtime related questions. PROCEDURES AND RELATED INFORMATION I. EMPLOYMENT CATEGORIES Employn1ent categories are based on the staffing requirements of the City. They are used to provide flexibility in meeting long-tem1 and short-tem1 staffing requirements, for temporary or seasonal programs, to cover peak work periods or employee absences, or other situatiol1s detennined by City mallagement officials. Below are identified the various elnployee types con1monly llsed within City employme11t. A. Regular Full-Time Employee - A regular full-time employee is one who regularly works a minimum of forty (40) hours or nlore per week, (or an average of 53 hours per week for firefighters). Regular full-time employees are eligible to participate in the City's benefit program, including healtll insurance coverage, life insurance, retirement, 401K, leave benefits, etc. All benefit programs are subject to cl1ange, and are not guaranteed. B. Part-Time Employee - An employee who is reglllarly scheduled to work less than forty (40), up to at least nineteen (19), hours per week. Part-time employees who consistently work twenty (20) or more hours a week are entitled to participate in the City's retirement program. All benefit programs are subject to change, and are not guaranteed. c. Temporary or Seasonal Employee - An employee hired to work either part-time or full-time and who works ill a position of seasonal, intemlittent, sporadic or short-teml emploYlllent that n1ay fall into some of tIle following assignments: 30 (- 1. Seasonal park or wastewater maintenance workers; 2. Recreational progranl staff; 3. Student interns and special work program participants; 4. Employees hired for oIl-call purposes whose work schedules are irregular and sporadic; 5. Employees hired to complete a special project, to fill in dllring employee absences or peak workload periods, etc. Temporary or seasonal enlployees are not eligible for City benefits. As with all City employees, temporalY enlployees also are considered at-will, and are not guaranteed employment through the season or task for which they have been hired. D. Other Employnlent Classifications: 1. Appointed Official - An enlployee ill a position or office, which is filled through appointment by the Mayor and City Council. 2. Department Head - An appointed official who has direct supervISion and responsibility for personnel, records, fuIlds, maintenallce and service to be performed by a City department. 3. Elected Official- An individual voted in by the citizens of Meridian. 4. Union Employee - An employee covered under a collective bargaining agreenlent between the City and a recogtlized bargaining unit. This is limited to the labor agreel11ent with represented Fire elnployees. E. Independent Contractors - Illdependellt contractors are l10t enlployees of the City of Meridian and are not eligible for any benefits offered through the City. II. EXEMPT AND NON-EXEMPT EMPLOYEES The City will adhere to all provisions and regulations of the Fair Labor Standards Act (FLSA) as it applies to City employees. Under FLSA, certain positions are classified as either exempt (not eligible for overtime compensation), or non-exempt (eligible for overtime cOlllpensation). If you have questions regarding your exemption status please contact the Human Resources Department. A complete listing of exempt positiollS is available in the Human Resources office. 31 ,- ( CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.2 SUBJECT: HOURS OF WORK PURPOSE: To outline the City's policy regarding 110urs of work, meal periods, and reporting procedures for time worked. POLICY: Regular business 110urs are normally 8:00 A.M. to 5:00 P.M. Monday through Friday. However, some departments within the City have different work periods and work hours. It is the City's policy to establish tilne and dllration of working hours as required by workload, operational demands, customer service needs, staffil1g requirements and any applicable law(s). AUTHORITY & RESPONSIBILITY: Sllpervisors shall be responsible for scheduling employees during appropriate working hours and ensuring that proper records and timesheets are kept and submitted to record time worked. PROCEDURES AND RELATED INFORMATION I. WORK PERIOD A. Regular business hours are normally (8) a.m. to (5) p.m. Monday throllgh Friday. However, some departments within the City have different work periods and work hours. it is the City's policy to establish tin1e and duration of working hours as required by workload, operational demands, custonler service needs, staffing requirements and any applicable law(s). B. A "work day" n1ay be 8, 10, or 24 110urs of work perfomled within a period of (24) consecutive hours on any assigned shift, whether such shift is continllous or split. C. NOll-exempt enlployees are responsible for mOl1itoring the accuracy of his/her timecard for the hours worked in each work period. For overtime approval refer to SOP 3.6 (Overtime Compensation). D. Firefighters are subject to the special exception as provided under S 207(k) of the Fair Labor Standards Act. Represented Fire employees should refer to the union contract for additional information regarding assigned work periods. II. MEAL PERIODS A. The nOffi1al workday consists of eight (8) or ten (10) consecutive hours of work (or twenty-four (24) hour shifts for firefighters) with an unpaid meal period for non- uniformed employees. Operatiollal demands and/or the ability to maintaill appropriate staffing levels may require some departments to adjust their meal periods accordingly. 32 B. Represented fire personnel should consult with the current labor agreement regarding breaks and meal periods. III. MAKE-UP TIME (Non-Union Personnel) A. Employees may be required to work after normal work hours, or the employee may work less than eight (8) or ten (10) hOllrs per day depending on the regular work schedule. When possible, the employee and his/her immediate supervisor will arrange the en1ployee's schedule to assure assigned hours of work fall within the forty (40) hour workweek. Any exceptions to this procedure must have prior written approval fron1 tIle en1ployee's supervisor, and the Department Head. B. Circun1stances n1ay also arise wllere an employee needs to work fewer hours than his/her regularly schedule work period. Department Heads, at their discretion, may allow non-exempt employees to make up lost work time during a given work week so long as the "nlake-up time" is completed within the same workweek. However, make- up time will not be granted if the lost work time is a reslllt of conditions the employee could control; if there is no work for the employee to perform; or if adequate supervision is not available. IV. REPORTING AND VERIFYING TIME RECORDS A. It is the responsibility of each employee to properly record time tllat he/she has worked during a payroll period and supervisors are responsible for reviewing the completed timeslleets for accuracy. Falsification of timesheets and/or altering work hour records is a serious offense subject to strict disciplinary action up to and including termination. B. E11lployees shall record the total hours worked for each workday. Non-work tin1e (holidays, sick alld annual leave, l1lilitary leave, bereavement leave, civil leave, leave without pay) shall also be recorded on the timesheet. Authorized overtime shall be recorded. c. Each time sheet/card shall b~ar the signature of the employee with a statement verifying its accuracy and a counter signature by a supervisor indicating that the llours claimed were actually worked. D. Executive, adlnillistrative alld professional employees, exen1pt under the FLSA, are required to complete a timesheet for administrative purposes to report non-work time of equal to or greater than one (1) work day such as sick leave, vacation leave, personal leave, bereavement leave, etc. 33 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.3 SUBJECT: PAYROLL PURPOSE: To set for the City's pay practices. POLICY: Employees are paid on a monthly basis on the last working day of each month. Employees may request to have their paychecks directly deposited into their account or receive a draft prior to 5:00 p.m. on payday. AUTHORITY & RESPONSIBILITY: Human Resources shall ensure that all employee information is accurate al1d up-to-date regarding rates of pay and automatic deductions. Supervisors are responsible to ensure that enlployees complete their timesheets and submit them to Accountil1g by the cutoff date of each month. PROCEDURES AND RELATED INFORMATION I. Employees are paid monthly. TIle pay period ends the 20th day of each month and paychecks are issued by payroll on the last working day of each month. Bargaining unit employees in the fire department are paid on a twel1ty-seven (27) day cycle with coverage at 216 hours. Paychecks will be distributed at the workplace prior to 5 :00 p.m. on payday. II. When an employee is absent on payday, his/her paycheck will only be released to another person if signed permission is presented to the supervisor. Otherwise, the check will be returned to payroll until the employee returns to work. III. Mandatory withholding fronl an employee's wages is required by law and includes federal al1d state withholding taxes, social security tax (FICA) and Medicare, al1d PERSI retirenlent contributions. Other deductions may include court-mal1dated withholdings. IV. AUTOMATIC DEDUCTIONS III order for the employee's share of insurance premiums to be deducted, or for the automatic deposit of an enlployee' s paycheck to be transferred to a local financial institution, the employee must provide written authorization to the City. 34 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.4 SUBJECT: COMPENSATION PROGRAM PURPOSE: To provide guidelines for consistent administration of the compensation program and movement of an employee from position to position (i.e., promotion, transfer, demotion, etc.). POLICY: The City has developed and SllpportS a pay-for-performance compensation program for all non-represented en1ployees that include pay increases for cost of living adjustme11ts. The followillg procedure provides guidelines related to the adnlinistration of the cOll1pensation program for department heads and other managers. Represented employees should refer to the current labor agreement for information regarding their compe11sation structure and policies. AUTHORITY & RESPONSIBILITY: Human Resources shall oversee the administration of the conlpensation program and shall ensure that it is adjusted and up-to-date at all tinles. Department heads are responsible for managing the implementation of the program according to perfonnance and budgetary guidelines. The Mayor and City Cou11cil are responsible for detem1ining appropriate cost of living adjustmellts and performance increases within budgetary constraints and guidelines. PROCEDURES AND RELATED INFORMATION I. The City has developed and continues to nlaintain a comprehensive pay-far-performance compensation pragran1, which provides for the establishment of set ranges for all positiollS witllill the City's strllcture. En1ployees call reasonably expect to advance througll 11is or 11er pay range that is assigl1ed to 11is/her position by effectively meeting perfolmance expectations of assigned duties. II. The City shall comply witll all State and Federal pay acts respecting the compensation of employees for work perfonned. III. The City is committed to tIle philosophy of rewarding employees for their performance, and has designed a compensation program to meet this objective. Employees may incrementally advance through their assigned salary ranges on an annual basis in accordance with their performance ratillg. IV. DEFINITIONS The following terminology may be used in describing actions or steps taken as a normal part of this program. o 4'In-guideline": Tllese include all approvals that are within the guidelines as set forth by the compensation program. In guideline adjustments require all levels of management signahlre in the chaitl of command (starting with the Supervisor) up to and includitlg the departnlent head. 35 o "Out-of-guideline": Includes adjllstment that do not fall within the normal guidelines of the compellsation program. Typically includes pay increases beyond what is set forth in the annual program, or a pay decrease for some purpose. Such guidelines require approval by all levels of management up to and including the Mayor. o A promotion is a reassignment of an employee to a pOSItIon in a higher salary/wage range or grade than the employee's prior position. A promotion does not auton1atically justify or guarantee an increase to the individllal's actual pay. o A demotion is a reassignment to a position of lower salary/wage range than the employee's prior position. This does not automatically impact the employee's actual wages paid. o A transfer is a lateral move to a different job in the same grade. Such adjustments mayor may not impact actual wages. o A documented warning is an action taken when an employee's behavior is inconsistent with the City's statement of conduct and has received a written notice describing such conduct. o A short-term reassignment (less than three (3) calendar months) IS not cOllsidered as a promotion, transfer, or demotion. o A pay review is conducted wIlen a wage or salary adjustment is being considered due to il1temal or external con1parison factors. o A performance review COllsiders various factors of the employee's fulfillnlent of his/her job duties. Moving to another Sllift is not considered a promotion/transfer unless meeting the above criteria. IV. PAY PROGRAM The following describes the pay program for all nOll-represented, non-Police positions. A. The City has developed a comprehensive classification and compensation program that aligns positions within the organization based on internal evaluation and external comparisons (e.g., market surveys). The City is committed to internal equity and external competitiveness in its pay program, and regularly updates and reviews its progran1 accordingly to maintaill these objectives. B. Positions are assigned a pay range according to job type and levels of respoIlsibility alld other factors as provided by the job evaluatioll process. Ranges are established for each position, which identify the range minimum and maXImum. 36 ( c. Movement within the ranges is dependent upon performance of job duties. To the extent possible acceptable performance will be rewarded by an upward movement within the range, while outstanding performance is rewarded by more generous upward movements. Unacceptable performance will not be rewarded. Because movement withill tIle assigned range is dependent upon performance, employees should not presume there to be a guarantee of an increase, nor should they expect to reach the maximum point of the assigned range without acceptable performance. D. The Mayor and City Council will determine pay increases as blldgets are set and tax levies are al1thorized. Pay given for any position within the City is subject to the annual budgetary process and as SllCh may be subject to increase or decrease frOlTI fiscal blldget year to year. The head of the department may make suggestions about salary conlpensation and other pay system concerns, but the final decision regarding compensation levels rest with the Mayor and City CounciL The Mayor alld City Council reserve the right to make budget adjustments, and consequently pay adjustments, during the course of the fiscal budget year to deal with other circumstances, which necessitate changes in entity expenditures. E. Performance increases are nlade according to the mid-point of their current grade rallge. After COllsidering the employee's performance, the percentage increase will be determined. (percentage allotments are determined by Mayor and City Council annually). This amount is multiplied by the mid-point of the employee's grade and added to the current rate. For example, all employee is in a grade range with a mid-point of $10.00. The individual is given a 30/0 increase based on l1is/her performance. The employee's current rate is $9.25. The employee's new rate would be $9.55 ($10.00 X .03 == $0.30 + $9.25 = $9.55). F. The perfolmallce increase amounts may be adjusted on an annual basis. Contact Hllman ReSOllrces for the most Cllrrent schedule. v. COST OF LIVING ADJUSTMENT A separate cost of livillg (COLA) increase will be given to non-union elnployees, on October 1 st of each year. The amount will be based on the Western United Region Consunler Price Index (CPI). This increase is separate from the performance pay and step progranlS. All pay ranges will be adjusted by the COLA percentage. Individual pay will also increase by the cost of living adjustment. VI. BARGAINING UNIT EMPLOYEES (FIRE) Provisions of the bargaining agreement shall govern the pay program for Fire employees who are represented by the bargaining unit. Refer to the union contact for pay structure. 37 VII. POLICE OFFICERS A. Sworn police officers, excluding the Chief of Police and Captaill(s), are on a separate salary step program that is independent of the non-Police salary program. (Contract Human Resources for the most current schedule.) B. Movenlent on the Salary Schedule shall be determined by reference to the police officer's original date of employnlent. At the designated anniversary date of ell1ploynlent (e.g. 1 yr, 2 yrs, etc), if the police officer has received an evaluation rating of at least "ACCEPTABLE" for the current year, he/she is eligible for an llpward movenlent ill step within l1is/her assigned range. C. If an officer receives less than all "ACCEPTABLE" performance rating, he/she shall remain on the same compensation step regardless of continuous time in service, unless and llntil that officer receives an evaluation of "acceptable" or better. In addition, he/she shall also be placed on a performance improvement plan requiring immediate improvement in performallce. VII. EMPLOYEES WHO EXCEED THE MAXIMUM OF THEIR ASSIGNED RANGE A. Enlployees who exceed the maximum of tlleir assigned range shall continue to receive increases as if they were within the range for one (1) year. If after one (1) year the employee is above the range maximum, he/she will be frozen until recaptured in the range. B. Sworn officers above tIle InaxilTIUlTI of the range will be frozen until recaptured in tIle range. 38 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.4.1 SUBJECT: INDIVIDUAL PAY PURPOSE: To identify the City's practices in establishing individual pay within the range assigned to the employee's position. POLICY: Individual pay for non-represented employees shall be based at the time of hire, rehire, promotion, etc. upon illdividual competency, experience, education, and other compensable factors as outlined within the following policies. AUTHORITY & RESPONSIBILITY: Hiring supervisors and department heads sllall have the responsibility to recormnend a starting wage for an employee based on individual competency, experience, alld other qualifications. The Mayor shall approve all out-of-guideline starting wages for employees. The Human Resources Director and Chief Finance Officer shall ensure compliance by supervisors to the budgetary guidelines as established annually by Mayor and City Council. PROCEDURES AND RELATED INFORMATION I. NEW HIRES A. New hires will typically start at the minin1um of the range for the grade. B. Sl10l11d the employee have considerable background, knowledge, education, etc., which lnerits entering at a higher rate, the depaliment 11ead must get "out-of- guidelitle" approval before all offer is made. Supervisors and department heads lllay typically offer a starting wage at or below mid-point based on qualifications. c. Newly hired sworn certified police officers meeting certain criteria, may be placed 011 tIle salary schedule after the completion of his/her introdllctory period, if said officer has been employed as a sworn certified police officer for at least four (4) years of cOlltinllous service in a paid, full time position in a police department. For any new hires satisfying tIle above criteria, said officer may receive from one (1) to four (4) years of credit for his/her previous service. Those applicants with fOllr-ten (4-10) year's prior service shall be eligible to receive a maximum of no more than four (4) years of service at the police officer level. II. RE-HIRES A. Terminated employees who are rehired will be considered "new hires". B. Employees returning from an approved leave of absence are not considered as "rehires. " 39 ( / III. DIFFERENTIALS The following outlines the procedures for individuals with special responsibilities. A. Any patrol officer, detective or sergeant who is also a canine officer currently using, training and caring for a trained police canine used by the Police Department, shall receive all additional forty-five minutes each day (seven days a week) of straight time. This time will not be used in calculating overtime wages, and will be paid at an agreed upon rate prior to the start of his/her duties. 40 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.4.2 SUBJECT: COMPENSATION PROGRAM UPDATES PURPOSE: To outline the procedures by which the City's compensation program shall be periodically reviewed. POLICY: The Human Resources Director and Chief Financial Officer shall review the compensation program on an annual basis for effectiveness and budgetary compliance. The program sllall be llpdated as needed to meet internal equity and external competitiveness objectives as outlined within the following procedures. A representative Compensation Committee shall be established to ensure the n1aintenance of internal equity. AUTHORITY & RESPONSIBILITY: The Humal1 Resources Director shall review the City's compensation program to ensure effectiveness in meeting the City's con1pensation objectives. The Chief Financial Officer shall review the adn1inistration and implementation of the compensation program to ensure that all related actions hold within predetermined budgetary parameters. The Compensation Committee shall meet at least annually to review the internal equity structure of the compensation program as outlined herein. PROCEDURES AND RELATED INFORMATION I. The HUll1al1 Resollrces Director and Chief Fillancial Officer will review the wage ranges by grade on al1 annual basis to determi11e effectiveness of program adn1inistration, appropriatelless of salaries, and compliance with budgetary paran1eters. II. COMPENSATION COMMITTEE A. TIle Mayor will desig11ate a Compensation Comnlittee comprised of representative members of the City's managel11ent group. B. The committee will meet on at least an annual basis to review salary grades, and positions re-evaluated and slotted by an independent consultant. 41 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.4.3 SUBJECT: PERFORMANCEINCREASESTOSALARY PURPOSE: To identify the manner in wl1ich employees may receive wage increases based on performance. POLICY: The City has established a pay-far-performance compensation program for all non-represented positions. Each year, the Mayor and City Council may approve percentages for pay illcreases (if any) available to employees based on the outcome of individual performance appraisals. AUTHORITY & RESPONSIBILITY: Hunlan Resources shall be responsible for interpreting tllis policy. Supervisors alld departnlent l1eads are responsible for ensuring that performance appraisals are given in a timely manner, according to City standards, and in a manner that objectively documents performance. Supervisors and department heads may award annual performance increase to employees who "Meet the Job Requirements" performance rating or higher as outlined within the annual con1pensation program. PROCEDURES AND RELATED INFORMATION I. PHILOSOPHY Increases are "earned" by the employee not "given" by Inanagement. All increases are earned by Inerit. Merit considers and measures job performance against job standards or established goals and objectives. Attitude can also be considered if it affects the job perforn1allce of tile employee or other en1ployee(s). II. PERFORMANCE REVIEW SCHEDULE A. Unless otherwise specified, performance review schedllles shall be as follows: 1. Current Emplovees: Annual reviews will be given near October 1 8t of each year unless experiencing a date altering event as prescribed by policy. Upon cOlupletion of the review, current employees may be eligible for a n1erit increase based on performance. 2. New Hires: Will be given a perfonnance review at six (6) months, and again at twelve (12) months effective on tlleir employment start date and on the employee's allniversary thereafter unless expeliencing a date- altering event as prescribed by policy. New hires are eligible for a merit increase on l1is/her one-year anniversary date based onjob performance. 42 3. Re-Hires: Employees who have terminated there employment will have their performance review date based upon when they are rehired. 4. Sworn Police Officers: With the exception of the Police Chief and Captain(s), Sworn officers in the police department will receive a performance review after one (1) year of service on his/her anniversary date in accordance with the seven (7) year step program. 5. Represented Elllployees: Bargail1ing unit employees in the fire department will receive a performance review after one (1) year of service; Thereafter l1ear October 1 st of each year. Pay increases are separate and are determiIled by the union agreement. 6. Employees on Documented Written Warning: At the supervisor/manager discretion employees who have received a written warning may not be eligible for pay increase until after the warning has expired. If an il1crease is granted after the warning period has expired, the anniversary is not adjusted, but remains the same date as the scheduled review. B. INTERIM INCREASE DATES (Changes in Alll1iversary Date) 1. Each time an illcrease or decrease occurs, the date of this adjustment will be used to determine the next performance review. For example, if an enlployee receives an increase or promotion on March 15, his/her next perfornlance review is due twelve (12) months after the wage increase. 2. Supervisors may delay or reqllest early increases on an exception basis. Such a review will be approved through "out-of-guideline" approval channels. The exception to this is a pay review that is delayed because the elnployee is 011 a documel1ted disciplinary warning for wllicll 11e/she has signed an acknowledgment of receipt. III. PERFORMANCE INCREASE PROCEDURES A. Notice fronl Human Resources: Ollce a month prior to the employee's effective date for his/her increase, Human Resources will send a list of employees eligible for a performal1ce review to the designated supervisor, manager or department head. B. Performal1ce Reviews Completed: The supervisor, manager or department head will complete a perforlnance evaluation form on each employee whose review is due, and indicate the appropriate salary/wage increase on a Personnel Action Reqllest form. C. A due date will be 110ted on the infonl1ation received from Human Resources. The date will be approxi111ately two (2) weeks after receipt of the list by the supervIsor. 43 D. APPROVALS 1. If the recommendation is "in-guidelines", the immediate supervisor forwards the Personnel Action Request form and related Performance Evaluation( s) to tile next level of management for approvaL After the next level of management has approved these documents, the Performance Evaluation and Personnel Action Request form is sent to the Human Resources Department for review and approval. 2. If the recommendation is "out-of-guidelines", the Personnel Action Request form and related Performance Evaluation(s) are sent to all levels of n1anagement and up to and including the Mayor for approval. 3. Once approved the information will be forward to Payroll for processing. E. Sending of Forms Back to the Sllpervisor: The approved Personnel Action Request formes) will be sent back to the supervisor with the related Performance Evaluation(s). F. Meeting with the Employee: The supervisor will discuss the performance review with the en1ployee and have him/her sign his/her Performance Evaluation. The supervisor gives tIle employee a copy of. the Performance Evaluation and forwards the original to Human Resources for filing. No discussion of the increase should be held with the employee prior to receipt of fully approved documents. G. Respollsibilitv for Review Outcolne: The irmnediate supervisor should take responsibility for the amoullt of the increase. In no case shall a supervisor lead an employee to believe they tried for a larger increase, but could not get it approved by "upper 111anagement." 44 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.4.4 SUBJECT: ADJUSTMENT TO WAGES PURPOSE: To outline the City's policy regarding movement of individual wages due to changes in tIle terms and/or conditions of employment resulting from leaves of absence, layoffs, promotions, demotiollS, and other related changes. POLICY: The City shall make adjustmellts to individual wages of employees due to changes effected by leaves of absence, layoffs, promotions, demotions, and other related changes. Guidelines regarding tllese adjustnlents are outlined in tIle following procedllres. AUTHORITY & RESPONSIBILITY: Human Resources shall be responsible for interpreting this policy. Supervisors and department heads are responsible to ensure compliance with this policy in the case of an employee who is affected by this policy. The Mayor shall have the authority to approve all out-of-guideline adjustments to wages as set forth herein. PROCEDURES AND RELATED INFORMATION I. EMPLOYEES ON LEAVE OF ABSENCE (LOA) AND LAYOFF (LO) A. Review Date: If the employee has been on LOA or LO for less than one-half (1/2) of the total days for the performance review period, the employee's review date will remain the same as though he/she had not been on leave. Increases for elnployees on LOA or LO are prorated based llpon time service. If tile enlployee has been 011 LOA or LO for more tllan one-Ilalf(1/2) of the total days for the review period, the review will be forfeited. B. Pro-ration of Increase: When increases are given, job performance is, among other factors, a major consideration. If the employee has been on active status for less than the annual performance review period of twelve (12) months, an increase will be calculated from a proportion of actual months of active status worked compared to total number of months ill the review period. Example: An employee is on active status for six (6) months during his/her review period. He/she is reviewed on October 1. Tllis individual would receive six-twelfths (6/12) or 50% of his /her regularly scheduled amount. II. RETURNING FROM LOA/LO OR TRANSFERRING TO A POSITION IN A LOWER GRADE A. Employees returning or transferring to a position in a lower salary/wage grade will assume the new salary/wage range. Factors considered in determining the 45 employee's salary/wage in the new range include: speed, accuracy, attitude, length of service in the job class prior to the leave of absel1ce or layoff, the salary/wage grade range of the new position, grade range penetration of the employee relative to experience level, etc. B. Minimum to Mid-Point: Generally, employees will be placed between the entry and mid-point of the range for the position in which they are being placed. c. Under the Minimum al1d Over the Mid-Point of the Range: Employees rate can be placed in these locations throllgh "ollt-of-guideline" approval(s). III. PROMOTION WAGE/SALARY ADJUSTMENT A. All increase, except for sworn police officers and bargaining unit employees will be based on merit. Depending on the performance of the employee and the location of the promoted individual's current wage/salary, the following schedule will be llsed as it relates to tile lowest range for tIle grade. Salary/Wage Location in New Range Locatiol'l of Curreltt Wage Below EIltry EI'ltry to Market Over Market-Rate COlnpared to Rate New Ralt~e Movenlellt of 0/0 based on performance, but Salary ill New To Minimum not to exceed 00/0 Rallge Market Rate 1. Below tIle Entry of the New Range: Promoted employees will be taken to the miI1imum of their new range. 2. Clln"'el1t Wage/Salary Between Entry and Market Rate: The percentage is based on performance, but not to exceed Market rate. 3. Cun"'ent Wage/Salary Above the Market Rate: Typically, there are no illcreases for individuals in this section of the range. The advantage for the employee is 11e/she will assume a range with a greater maximum than in l1is/her previous grade. Any exceptions will be processed through the "out-of- guideline" approval channels. B. Review Schedule for Promotional Increases: When an employee receives an increase in conjunction with a promotion, the date of the promotion becomes the anniversary date for the purposes of establishing the next performance review date. C. Sworn police officers, excluding the Chief of Police and Captain(s), are on a separate step program. Contact Human Resources for the schedule. 46 D. The provisions of the bargaining agreement shall govern promotions for bargaining union employees in the fire department. Refer to the union contract for promotional policy. IV. DEMOTIONS A. Employees being placed in positions with a grade lesser thall the one from which they originated will have wage/salary determined through "out-of-guideline" approval channels. Employees being demoted will normally receive a decrease in wage/salary if their rate of pay is above the mid-point of the salary range. Delnoted employees with a wage/salary below the lllid-point rate of the new range will be frozen for at least OIle (1) year. B. The provisions of the bargaining agreemellt shall govern demotions for bargaining union employees in the fire department. Refer to the union contract for policy. v. TRANSFERS TO A POSITION IN THE SAME GRADE A. Employees affected by this situation must have their wage/salary adjustment and transfer approved before completion of the move. Typically the individual will remain at the same rate of pay. B. TIle provisions of the bargaining agreement shall govern transfers for bargaining Ullioll enlployees in the fire department. Refer to the union contract under promotions for policy. VI. ADJUSTMENT OF REVIEW DATES FOR TRANSFERRED EMPLOYEES A. If adjustnlent to the enlployee salary/wage rate occurs, the next performance review will be twelve (12) months fronl tIle transfer date. For lateral transfers, when no increase is given, the employee's regular scheduled review date will renlain the saIne. B. Sworn police officers, excluding the Chief of Police and Captain(s), are on a separate step program. Movenlent on the salary sclledule will be determined by the police officers original date of employment. 47 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.5 SUBJECT: TRAVEL AND EXPENSE REIMBURSEMENT PURPOSE: To outline the City's policy regarding travel and reimbursements for related expenses. POLICY: An employee on authorized City business shall be reimbursed for expenses incun4ed ill completing 11is/her work-related assignment in accord with the procedllres established witllill this policy. AUTHORITY & RESPONSIBILITY: Each City employee is responsible for providing verified receipts for any expellses for whic11 reimbursement is requested for authorized travel and expenses in accordance with the City's Ethics Ordinance (#787) and consistent with Idaho Code. PROCEDURES AND RELATED INFORMATION I. TRAVEL AWAY FROM THE CITY The department head or Mayor must approve all travel away from the City in advance. Travel expense reports must be completed alld submitted to Accounting within ten (10) working days from the completion of the autholized travel. All expenses related to the trip should be reported on the expense report, ie: airfare, lodging, meals, etc. II. ADVANCE TRAVEL REQUEST A. En1ployees lTIay request advance travel monies by cOlnpleting an Accounting Check Request fOIDl and submitting it to their department head at least five (5) business days prior to departure. The approved form would then be submitted to the Accounting Department at least three (3) days prior to departure. B. Within ten (10) workillg days from the completion of the authorized travel, an employee shall submit an itemized travel expense repoli accounting for reimbursable travel expenses with all original receipts including all receipts for charges made on the City credit cards to his/her Department Head for approvaL The approved form will then be submitted to the Finance Department for processing. c. If actual reimbursable expenses are less than the amount of the advanced monies, the employee lTIUst return the excess amount upon submission of the request for rein1bursement and accompanying documentation. D. If actual rein1bursable expenses exceed the amount of the advanced monies, and all expenses are approved, tIle employee will be issued a check for tIle balance during the 11ext regular accounting cycle. 48 E. If an employee has elected to wait until completion of their authorized business travel before requesting reimbursenlent for their travel expenses, the reimbursement request will be submitted to the department head and Finance Department as noted above. Reimbursement will be made during the next regular accounts payable cycle. III. TRAVEL EXPENSES NOT ALLOWABLE A. Expenses for side trips not involving City business are personal and will not be reimbllrsed by the City. B. Expenses for travel between hOllle and the office or for other non-official purposes. C. Expenses incurred by an employee wIlile on leave. D. TIle City does not pay for the alcohol or entertainment expenses. Entertainment includes any additional costs paid for in-room movies. IV. TRANSPORTATION A. Employees should use tIle most practical mode of travel from the standpoint of tinle and expense. B. Reimbursenlent for travel by conlmon carrier will be limited to the lowest cost meallS of travel unless it is unpractical or not available. C. Reimbursement of mileage for use of a private owned vellicIe will be at the most current IRS allowable mileage rate. D. Allowable mileage will be compllted according to the latest official state l1ighway lllap or 11lileage charts. E. The use of City of Meridian vehicles for personal or other 11on-official business is strictly prollibited. Home to office driving is only peITIlissible when beginning or ending an authorized trip outside of regular business hours, or for other reasons considered in the best interest the City. The Mayor must approve full time assignment of a City vellicle to an employee. F. The City will reimburse employees for taxi or bus fares to the depots, airports, and hotels and other ground transportation costs necessary to conduct City business while traveling. Receipts must be provided. v. LODGING EXPENSES A. The actual cost of lodging plus applicable tax will be reimbursed. Lodging costs may be direct-billed to the City with prior approval of the department head. 49 B. At the time of making reservations or registering, employees will identify themselves as City employees and whenever possible secure the accommodations at the government rate, if available. VI. MEAL EXPENSES Employees are allowed up to $50 per day for meals (including gratuities) Meals must be justifiable and reasonable. Receipts must accompany the expense report to Accounting for reimbursements. When enlployees are on City business for less than twenty-four (24) hours, a partial day reimbursement will be paid. Exceptions- If an employee will be traveling out of the country or out of the state to an area wllere the $50 nleal allowallce is not practical the elnployee will be required to get approval for the difference, from his/her department head. The Mayor must approve any exceptions for the department head. The Mayor also nlay approve any exceptions in the absence of the department head. VII. OTHER REIMBURSEMENT When other federal, state or local agencies directly reimburse an employee for travel, trainillg, and other related training costs, and where SllCll costs were borne by the City, tIle employee will be required to endorse that reimbursement check over to the City. The reinlbursement check must be subnlitted to the Finance Depalimellt within three (3) days of receipt. VIII. COMPLIANCE Failllre to COlllply with any of the terms of this policy may result In legal and/or disciplinary action, up to and including ternlination. 50 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.6 SUBJECT: OVERTIME COMPENSATION PURPOSE: To outline and identify eligibility for overtime compensation and the City's policy regarding accumulation and payment of overtinle. POLICY: The City shall provide overtime compensation in accordance with the Fair Labor Standards Act as outlil1ed within this policy. AUTHORITY & RESPONSIBILITY: Human Resources shall be responsible for interpreting this policy. Supervisors and department heads are responsible to ensure that proper tracking of 110urs worked is made for all employees for whom they are responsible. PROCEDURES AND RELATED INFORMATION I. EXEMPT EMPLOYEES All executive, administrative or professional enlployees who qualify, as exempt enlployees under tIle Fair Labor Standards Act (FLSA) will be paid in compliance with the requirenlents of the FLSA. Exempt employees are not eligible for overtime compensation. However, in recognition of the extra time demands required of certain exempt positions, occasionally paid tinle may be taken when approved by the department head and/or the Mayor. II. NON-EXEMPT EMPLOYEES All nOll-exempt, non-represel1ted employees will be paid tinle at one and one-half the regular rate for llours worked in excess of forty (40) hOllrs within the seven (7) day workweek as defined ill Section V of this policy. Overtime must be approved in advance by tIle employee's supervisor and will be approved only when absolutely necessary. Questions about overtime should be directed to your supervisor or the Payroll office. COlui time for sworn law enforcenlent personllel, unless the court tinle occurs during a regular S11ift, shall be paid at the rate of one and one half times the regular hourly rate of pay for the actual time taken for the court appearance, or two hours, whichever is greater. III. FIRE EMPLOYEES Overtime for bargaining unit employees shall be governed by the provisions of the bargaining agreenlent. IV. COMPENSATORY TIME Compensatory time is time in lieu of mOIletary overtime conlpensation, which is given at a rate of not less than OIle and one-half 11o11rs for each hOllr of overtill1e worked. The City does not reco2nize nor allow compensatory time in lieu of overtime payment. 51 / \ v. HOURS WORKED AND WORK PERIOD DEFINED According to the Fair Labor Standards Act, only actual hours worked are computed for the purpose of determining hours worked for overtin1e calculation. In other words, vacatioll, holiday, or sick time, though typically compensated, is not counted when computing hours worked in a workweek for purposes of calculating overtime. Every employee shall have a designated work period. The work period for all regular full-time employees who are subject to the FLSA will begin at 12:00 (midnight) on Sunday of eacll week and COl1cludes at 11 :59 p.m. of the succeeding Saturday; however operational demands and staffing levels may require a work period with different starting and ending days. The employee's supervisor and Department Head fillst approve any changes in sclleduling of hours or ill the designation of the work period. 52 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.1 SUBJECT: HOLIDAYS PURPOSE: To outline the holidays observed by the City and related leave and compensation policies related to holidays. POLICY: The City s11a11 provide paid holidays to eligible employees as listed below. Eligible en1ployees shall be granted ten paid holidays per year. Emergency service personnel or others required to work on holidays shall be conlpensated for 1101iday hours as outlined herein. AUTHORITY & RESPONSIBILITY: Payroll shall ensure proper tracking and payment of holiday hours for employees, including special arrangements for emergency service and shift personnel required to work on holidays. PROCEDURES AND RELATED INFORMATION I. A holiday is a day of exemptio11 froill work, gra11ted to en1ployees as if they had actually worked. The City observes ten (10) holidays with pay during the calendar year: 1. New Year's Day (January 1) 2. Martin Luther King, Jr.'s Birthday/Human Rights Day (3rd Monday in January) 3. President's Day (3rd Monday in February) 4. Men10rial Day (Last Monday in May) 5. Illdepe11dence Day (Jllly 4) 6. Labor Day (1st Monday in September) 7. Veterall's Day (November 11) 8. Thanksgivillg (4th Thursday in Noven1ber) 9. Day after Thanksgiving 10. Christmas Day (December 25) II. HOLIDAYS OCCURRING ON SATURDAY OR SUNDAY Generally, holidays falling on a Saturday are observed on the preceding Friday; those falling on SUllday are observed the following Monday. In celebrating the above holidays, all City offices a11d depaliments will be closed with the exception of those departments responsible for wastewater and emergency service. III. HOLIDAY COMPENSATION FOR SHIFT WORKERS For employees working shifts of ten (10) or more hours per day, a maximum of eighty (80) hours of holiday pay is provided per calendar year. 53 ( IV. COMPENSATION FOR HOLIDAYS A. Regular full-time employees are paid for eight (8) hours of holiday pay for each holiday. B. Temporary and seasonal employees are only paid for hours worked. C. All employee who is assigned to work on a recognized holiday will be paid for 110urs worked on the holiday at the regular rate of pay plus eight (8) hours holiday pay at straight time. For example, if a non-shift employee is regularly scheduled to work on Wed11esday, December 25, and is assigned to work three hours on that day, he/she would be paid for eight (8) hours of holiday pay plus three (3) hours of straight tinle pay, for a total of eleven (11) hours of pay. If a shift employee is regularly scheduled to work on Wednesday, December 25, for their normal ten (10) hour shift, he/she would be paid for eight (8) hours of holiday plus ten (10) hours of straight tilne pay, for a total of eighteen (18) hours of pay. V. HOLIDAY AND LEAVE STATUS Employees who are on leave status (vacation, sick, personal, worker's compensation, military duty, FMLA, etc.) are not eligible for additional holiday pay. For example, if an employee is on vacation leave during the week of December 23 through December 27, that employee's pay would reflect four (4) days of vacation leave and one (1) day of holiday pay. Holidays falling within approved leave time will not be counted as part of the leave time. VI. BARGAINING UNIT EMPLOYEES Holiday leave for bargaining unit employees shall be governed by the provisions of the bargaining agreement. Represented employees shall reference the current labor agreement for related infoffilatioll. 54 ( CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.2 SUBJECT: VACATION PURPOSE: To define the City's vacation pro graIn and eligibility requirements. POLICY: Eligible City employees with the exception of bargaining unit employees, shall accrue paid time off according to the schedllle outlined within this policy based on tenllre with the organizatioll. Employees may use accrued time off as per this policy at tlleir discretion with appropriate authorization as outlined l1erein. AUTHORITY & RESPONSIBILITY: Ell1ployees s11all make appropriate requests for use of paid vacation from their supervisors. Supervisors shall ensure appropriate coverage for the employee's absence and authorize paid vacation as appropriate so as to meet the needs of City operations. PROCEDURES AND RELATED INFORMATION I. ACCRUAL RATES A. The City provides paid vacation leave as one of the mallY ways in which it shows its appreciation for employee's loyalty and service. City employees accrue vacatioll leave in advance of when they are eligible to use it. Vacation cannot be used before it accrues. Vacation hours accrued for a particular month cannot be used by an employee in advance, or during the month they are earned. Vacation accrues fronl the start of employment based on anniversary date. B. The monthly accrual rate for employees is as follows: Len2:th of Service o - 2 years 3 - 4 years 5 - 6 years 7 - 8 years 9 -10 years 11-12 years 13-14 years 15-16 years 17-18 years 19-20 years 21-22 years 23-24 years 25 + years Monthlv Accrual 8.0 hours 8.67 hours 9.33 hours 10.0 hours 10.67 hours 11.33 hours 12.0 hours 12.67 hOllrs 13.33 hours 14.0 hours 14.67 hours 15.33 hours 16.0 hours 55 Maximum Annual Accrual Limit 96 hours 104 hours 112 hours 120 hours 128 hours 136 hours 144 hours 152 hours 160 hours 168 hours 176 hours 184 hours 192 hours Accrued vacation hours may be carried over fronl one (1) calendar year to the next up to a two (2) year cap from the employee's maximum annual accrual limit. Any excess over the two (2) year cap will cease to accrue untilllours have been taken. II. ELIGIBILITY A. REGULAR FULL-TIME EMPLOYEES Regular full-time employees are not eligible for vacation benefits until after six months of employment. B. LAW ENFORCEMENT AND BARGAINING UNIT EMPLOYEES 1. Police and bargaini11g unit en1ployees in the Fire Department have a one (1) year introductory period and may not take vacation during the first year of employment. 2. Vacation leave provisions for bargaining unit employees in the Fire Department shall be governed by the provisions of the bargaining agreement. Refer to the llnion contract for breakdowl1 of schedule. c. TEMPORARY, SEASONAL AND PART-TIME EMPLOYEES Seasonal, ten1porary and part-time employees are not eligible for vacation leave benefits. III. VACATION LEAVE APPROVAL Approval for vacation leave must be pre-approved (except for those provisions under FMLA) by the employee's supervisor/department head so scheduling of work can be accomplished. IV. OTHER LEAVE PROVISIONS A. An employee WI10 is on medical, FMLA, workers conlpensation or unpaid personal leave will not accrue vacation hours while on leave. B. Enlployees WI10 leave the City's employment are paid all vacation leave accrued up to the tilne of separation. c. Credit for previous years of service will not be given to rehires. Accrual rates for rehires will start over. Those individuals on layoff status will be given credit for prior years of service. 56 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.3 SUBJECT: SICK LEAVE PURPOSE: To outline sick leave benefits for employees. POLICY: All eligible employees will accrue sick leave benefits as set forth ill this policy or as per the current labor agreement. AUTHORITY & RESPONSIBILITY: Supervisors and department heads shall be responsible to ensure the appropriate administration of this policy so as to prevent abuse of sick leave. PROCEDURES AND RELATED INFORMATION I. SICK LEAVE ACCRUAL A. Sick leave benefits are designed to provide income protection for employees in the event of illness, injury or disability. Sick leave benefits are provided to regular full-time en1ployees at tIle rate of eight (8) hours per month, hours may accumulate up to nillety (90) days or seven hllndred and twenty (720) hours, and then sick accruals will cease until hours have been taken. B. Sick leave accrues froill the start of employment based on anniversary date. An employee is eligible to use sick leave after one (1) month of employment. c. Sick leave hours accrued for a particular mOlltll cannot be used ill advance, or during the n10nth they are to be earned. II. ALLOWABLE USES OF SICK LEAVE A. Accrued sick leave hours may be used for: 1. Personal illlless (including maternity related or medical disability); 2. Personal injury; 3. Illness or quarantine of employee's immediate family necessitating the employee's absence from work. (Imn1ediate family is defined as any relative who' resides with the employee and who depends upon the employee for regular care); 4. Personal or medical related appointnlents, including annual wellness exams, counseling, dental check-up, etc; 5. Provisions under the Family and Medical Leave Act of 1993 that provide leave to certaill employees who qualify. Employees should contact the Human Resources office for further details. 57 [" B. ABUSE OF SICK LEAVE Sick leave 111ay be used as allowed ill this policy, but for no other purpose. Any abuse of the sick leave benefit shall result in disciplinary action up to and including termination. III. NOTIFICATION REQUIREMENTS A. An employee who is unable to report to work because of illness or injury must notify his/her supervisor at least 12 hour prior to his/her work shift or (if in the case of an accident or enlergency) as soon as possible. B. Paid sick leave of three (3) consecutive days or more will not be approved without subn1issio11 of a doctor's certificate stating the employee is unable to perform his/her duties. An employee may be required to provide a doctor's certificate prior to the use of three (3) consecutive days of sick leave to ensure compliance with tIle provisiollS of this policy and the Family Medical Leave Act. IV. OTHER LEAVE PROVISIONS A. An employee who is on medical, FMLA, workers compensation or unpaid personal leave will not accrue any sick leave benefits while on leave. At the time of separation of elllployn1ent wit,h the City, all accrued sick leave shall be forfeited and shall not be paid. Such forfeited sick leave shall l10t be reinstated upon an individual who may be rehired by the City, except for layoffs. B. Seasonal, part-time and/or temporary employees are not eligible for sick leave benefits. c. Sick leave provisions for bargaining unit elnployees in tIle Fire Department shall be governed by the provisions of the bargaining agreement. Refer to the union COlltract for breakdown of sclledule. 58 ( CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.3.1 SUBJECT: LEAVE POOL FOR INCURABLE TERMINAL ILLNESSES PURPOSE: To outline sick/vacation leave pool for employees. POLICY: The City has established a sick/vacation leave pool available for incurable terminal illnesses. This pool provides assistance to alleviate economic hardship caused by tIle absence from work necessitated by an incurable, terminal illness. AUTHORITY & RESPONSIBILITY: Employees shall make appropriate requests for use of the incurable terminal illness pool. Human Resources shall be responsible for adn1inistering a11d interpreting this policy. PROCEDURE AND RELATED INFORMATION I. ELIGIBILITY A. All regular full-tilDe employees are eligible to receive sick and/or vacation leave benefits from the pool. II. ALLOWABLE USE A. Employees lllay donate some or all of their accumulated sick and vacation leave to be used by enlployees witll incurable terminal illnesses. B. Hours are available to enlployees upon written request from the employee, recommendation by the department head, the Hunlan Resource's Director and the Mayor. c. To receive benefits an employee must: 11. Have been absent continuously from work due to an incurable, terminal illness; 12. Put the request in writing; 13. Employees nlust have exhausted all of l1is/her sick and vacation days; 14. Employees must provide a physician statelnent certifying that the employee has an incurable, terminal illness, which will result in death. 59 ( III. OTHER PROVISIONS c. At the discretion of tIle Hun1all Resource Director and the Mayor, a second medical opinion may be required. D. If an employee does not use all of the days granted by the pool the unused sick/vacation days or hours will be returned to the sick/vacation pool. In no case shall an en1ployee be granted more than a total of 180 days (1440 hours) from the pool. 60 ( I, CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUlVIBER 4.4 SUBJECT: FAMIL Y AND MEDICAL LEAVE PURPOSE: To idelltify the City's policy in conformance with the Family and Medical leave Act of 1993. POLICY: TIle City shall provide leave to eligible employees for qualified medical or family related reasons as outlined within the followillg procedures. AUTHORITY & RESPONSIBILITY: Human Resources shall be responsible for administering and interpreting this policy. PROCEDURES AND RELA TED INFORMATION I. LEAVE PURPOSES AND BENEFITS A. In order to conlply with the Family and Medical Leave Act (FMLA) of 1993, eligible employees are entitled to twelve (12) weeks of leave for the following reasons: 1. The birth or placement for adoption or foster care of a child, within twelve (12) months of tile birth or adoption; 2. TIle serious health condition of a spouse, child or parent; 3. The employee's own serious health condition. B. For employees whose spouses are elnployed with the City, leave nlay be limited to a combilled total of up to twelve (12) weeks of unpaid leave in a twelve (12) nlonth period if the leave is takell for the birth of a child, placement of a child for adoption or foster care, or to care for a parent with a serious health condition. II. DEFINITIONS For purposes of the Falnily Leave policy, tIle following definitions shall apply: A. Eligible Employees shall mean any person enlployed for at least twelve (12) months, and who has worked 1,250 hours or nlore during the twelve (12) months prior to the leave request; B. Child shall include the biological, adopted, foster, stepchild, legal ward or a child of all individual legally acting in the parent's stead. The child must be under the age of eighteen (18) unless lle/she is incapable of self-care because of physical or mental disability; C. Spouse means a husband or wife as defined and recognized under Idaho State law for purpose of marriage; D. Parent means biological parent or an individual who stands or stood in place of a biological parent. This term does not include parents-in-law; 61 ( ( E. Serious Health Condition is defined as an illness, injury, impairment or physical or me11tal conditio11 involving either impatient care or continuing treatment by a health care provider; F. Twelve (12) month period is defined as a "rolling" twelve (12) month period, nleasured backward from the date an employee starts his/her FMLA leave; G. Certification shall refer to a statement by a health care provider which includes: 1. The date on which the serious health condition began; 2. The probable duration of the condition; 3. Appropriate medical facts regarding the condition; 4. A statement that the employee is needed to care for a spouse, child or parent, along with the estimated length oftinle or; 5. Tllat tIle employee is unable to perfoml his/her duties; 6. In the case of intennittent leave, tIle dates and duration of treatment to be gIven. The certification notice 111Ust be provided within fifteen (15) days from the date it is requested by the City. The City may, at its expense, obtain an opinion from a second health care provider (of the City choosing) or third health care provider (chosen jointly by the employee and the City). III. NOTICE AND CONFIRMATION OF LEAVE An eligible employee lTIllst 110tify the City of the need to request FMLA leave under this policy 110 later than thirty (30) days prior to the beginl1ing date of SUCll leave. In the event of an emergency, the employee TIllist provide as nluch notice as is practicaL In the event of leave for a serious medical condition or treatment whicll is foreseeable, employees are required to make a reasonable effort to schedule treatment so as 110t to unduly disrupt work operatiol1S and to provide the thirty (30) day notice; or such notice as is practical. IV. DURATION OF LEAVE AND METHODS OF TAKING LEAVE A. All en1ployee lllay be given up to a nlaximum of twelve (12) weeks for a leave under FMLA. However, in situations wllere the reason for the leave is to care for a sick family melnber or for their own serious health condition, tile employee may be permitted to use up to the twelve (12) total weeks on leave on an intermittent basis or on a reduced workweek schedule, if it is medically necessary to do so. B. Under the Family Medical Leave Act an employee may take reduced or intelmittent leave when it is medically necessary to care for a serious health condition for his/her falnily member or for the employee's own serious health COl1ditioll. Employees will be reqllired to provide additio11al medical certification by a qualified health care provider that states this accommodation is nledically l1ecessary. The certification must specify how long the leave will be llecessary. Employees on reduced or intermittent leave may be required to transfer temporarily to an available alternative position with equivalent pay and benefits that can accommodate the recurring periods of leave or reduced work schedule. 62 ( c. Intemlittent or reduced leave to care for a newborn or newly placed adopted or foster care child nlay be approved by the City if the department head can accommodate the work schedule. D. While on family medical leave, the City nlay require that the employee periodically report his/her status and intention to return to work. The City may also require that an employee on fanlily medical leave obtain subsequent re- certification of a serious health condition. v. BENEFITS WHILE ON F AMIL Y MEDICAL LEAVE A. En1ployees will be required to coordinate any available vacation and sick leave with workers compel1sation, short-term and long-term disability to make up the difference in salary before utilizing leave without pay. The paid leave will be counted toward the twelve (12) weeks of Family Medical Leave (FMLA). B. Employees who do not have accrued leave time are eligible to take up to twelve (12) weeks of unpaid leave under the Family Medical Leave Act, provided that the employee meets the definitions of eligibility. c. The City will cOlltinue l1ealth benefits for en1ployees on family leave up to twelve (12) weeks under the same conditions as if the employee had continued to work. Except in certain circumstances, if an employee does not return from a family medical leave, l1e/she may be required to reimburse the City for their share ofllealth premiums that were paid by the City on his/her bellalf to continue l1is/her employee coverage(s) while on leave. D. For any period all enlployee receives paid leave benefits, the City will deduct the enlployee's premium portion through payroll deductions. For unpaid leaves, employees will be required to make arrangenlents with the City to pay for l1is/her portion of the health, dental and supplemental insurance premiums while out on leave. VI. EFFECT ON OTHER CITY BENEFITS A. En1ployees on family leave will not lose senIorIty or employment benefits. However, an employee who takes FMLA leave will not accrue vacation or sick leave while on leave. B. Upon return from a family leave, an employee shall be retunled to the same or similar position with equivalent pay, benefits and other terms and conditions of employn1ent that he/she occupied prior to the leave, with the exception of key employees as described in section 825.218 of the Family Medical Leave Act regulations. 63 VII. OTHER GENERAL PROVISIONS A. Eligible employees may exercise rights granted under this policy with complete freedom from retaliation, threat of discharge or discrimination. The City shall not interfere with or restrain, in any way, all employee's rights to family leave in compliance with this policy. B. The City cannot cover all the details concerning family leave in this policy manual. Employees with questions should contact the Human Resources office for additional infonnation. 64 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.5 SUBJECT: BEREAVEMENT LEAVE PURPOSE: To provide paid time off for eligible employees to attend funerals of a member of the immediate family. POLICY: In the event of a death in the inlmediate family of an employee, the City allows an eligible en1ployee an absence from work with pay of three (3) consecutive workdays. Additional time off without pay Inay be granted at the discretion of the departnlent 11ead. The employee shall notify his/her supervisor as soon as possible prior to the llse of this leave. AUTHORITY & RESPONSIBILITY: Immediate supervisor and departnlent head shall be responsible for administration of this policy. PROCEDURES AND RELATED INFORMATION I. In the event of a death in the immediate family of all employee, the City allows an employee an absence fronl work witll pay of three (3) consecutive workdays. Additional time off without pay may be granted at the discretion of the department head. The enlployee shall notify his/her supervisor as soon as possible prior to the use of this leave. II. For purposes of this policy, ilnnlediate family shall be defined as spouse, children, parellts, in-laws, brother, sister, gralldparents, grandchild of the employee. In-laws are defined as a father, mother, sister and brother in-law. III. Bereavement Leave provisions for bargaining unit employees in the Fire Department shall be governed by the provisio11S of tIle bargai11ing agreement. Refer to the union contract for additional details. 65 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.6 SUBJECT: CIVIL LEAVE PURPOSE: To outline the City's policy to provide employees with paid time to serve on juries or to testify in court. POLICY: Leave will be granted to full-time non-exempt and exempt employees called to serve as a juror or witness for any federal, state, or local court of law. AUTHORITY & RESPONSIBILITY: Accounting shall process all requests for payment of tinle spent serving on a jury or to testify in court as outlined within this policy. PROCEDURES AND RELATED INFORMATION I. Leave will be granted to full-time non-exenlpt and exempt employees called to serve as a juror or witness for any federal, state, or local court of law. Jury duty or COlIrt leave is not allowed in matters in which tile enlployee is a litigant such as a petitioner, respondent, plaintiff, or defendant II. COMPENSATION FOR CIVIL LEAVE A. Full pay will be given only when: 1. The enlployee is reqlIired to involllntarily serve as a juror or illvoluntarily appear as a witlless ill a matter otller than one personal to the employee. 2. The employee serves on a day tllat would have beell a regularly scl1eduled workday. 3. Exempt employees will be paid for all time served while on jury duty. B. Court fees paid by the court and received by an employee except for mileage reimbursement shall be renlitted to tIle City within five (5) business days of receipt. III. OTHER GENERAL PROVISIONS A. Employees released from jury duty on a scheduled workday are required to immediately report to work. Failure to do so may result in disciplinary action up to and including termination. B. An employee who is directed to appear as a witness for the Federal government, State of Idaho, or to attend court or other official hearillgs or trials in connection with his/her official duties is not to be considered absent from duty. c. Employees requested to serve as a member of a jury are not to be considered absent from work. 66 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.7 SUBJECT: MILITARY LEAVE PURPOSE: To outline the City's policy on providing enlployees the opportunity to serve in the Reserve Forces or the National Guard. POLICY: Employees who are active in the National Guard or branch of the Armed Forces Reserves for the purpose of filling their annual field training and obligations will be granted unpaid nlilitary leave of absence in accordance with applicable requirements of state and federal laws. AUTHORITY & RESPONSIBILITY: Employees fillst subn1it all military orders to Human Resources for initiatioll of proper paperwork. A copy of orders shall be placed in the employee's personnel file, and related paperwork will be forwarded to Accounting for proper time off considerations. PROCEDURES AND RELATED INFORMATION I. Employees who enter the ll1ilitary service by draft or elllist111ent shall be granted an unpaid leave of absence for that purpose and at the COllclusion of SllCh leave of absence shall be reinstated in accordallce with all applicable state and federal laws. II. Application for fulfilling annual field traillillg, draft or enlistnlent n1ust be made as soon as possible after the employee's receipt of orders. III. Dllring military leave of absence, an employee's benefit coverage will be the same as for any other employee on an unpaid leave of absence. Medical coverage may be continued based on the provisions of tIle Unifonned Services Employment Rights Act of 1994 (USERRA). Employees may apply any earned, accrued vacation time before the beginning of their unpaid military service leave if they wish; however, they are not obliged to do so. IV. Questions about this policy should be directed to the Human Resources Director who shall have the responsibility for interpretation to assure sin1ilar treatment of employees on a citywide basis. 67 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.8 SUBJECT: LEAVES OF ABSENCE PURPOSE: To outline the process by which employees may request leave. POLICY: The City shall authorize leaves of absence at the discretion of the department head subject to workload and other reasonable considerations during the period of requested leave. AUTHORITY & RESPONSIBILITY: The departnlent head shall make necessary judgment in autllorizing any unpaid leave of absence. Such decisions shall be communicated to Human Resources for completion of proper forms. PROCEDURES AND RELATED INFORMATION I. SCOPE AND ELIGIBILITY This policy applies only to those requested leaves, which are for a purpose other than, or ineligible under, FMLA. Military leave is not considered a leave of absence. In addition, this policy will apply in cases where all twelve (12) weeks of FMLA have been exhausted and an employee requests additional time off for a purpose ordinarily qualifying under the FMLA. Only regular full-time employees are eligible for a leave of absence under this policy. II. An employee requesting a leave of absence must take the request in writing to his/her departmellt head, who may approve the request for a period not to exceed thirty (30) days. Such decisions sllal1 be COllll11unicated to Hunlan Resources for conlpletion of proper paperwork. Prior to approval of a leave of absence request, employees must exhallst all accrued vacatioll leave; if the reqllest is for an allowed use of sick leave, then all sick leave accrual lnust also be exhausted. A request for a leave of absence for a period exceedillg thirty (30) days may only be granted by the Mayor, who will establish the temlS upon review of tIle written request. III. Due to fluctuating business lleeds, the City cannot guarantee reernploynlent upon retull1 froill a leave of absence. If an enlployee's positioll or a comparable position is not available, tIle eillployee's name shall be placed on a hiring list for six (6) months and will be considered for future vacancies for whicll the individual is qualified. After six (6) months he/she will be required to reapply like any other applicant. IV. The City will afford reasonable accommodation to qualified employees with a known disability or for an employee's religious beliefs. The City will also provide leave under particular circumstances as mandated by federal or state law. V. While an enlployee is on a leave of absence, City benefits and paid leave accruals will stop. Employees may choose to pay the applicable premiunl to the City in order to mailltain i11surance bellefits during the leave of absence; the employee shall contact the 68 I { Human Resources office to make l1ecessary alTangen1ents for paynlent of insurance premIums. 69 ( CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 5.1 SUBJECT: GROUP HEALTH AND RELATED BENEFITS PURPOSE: To outline available benefits for eligible City employees. POLICY: For all regular full-tin1e employees the City of Meridian provides comprehensive health, vision, dental, life, short and long-term disability insurance to eligible employees, along with a voluntary life insurance plans, deferred cOlnpensation, limited disability progralTIS, 401 K and a cafeteria plan. En1ployee and/or Family coverage is available to eligible enlployees provided tIle employee pays their premium share. Some of these bellefits are fully paid by the City and others require the employee to share the cost of the premiun1s. Represented Fire employees should refer to the current labor agreement for details regarding benefits. AUTHORITY & RESPONSIBILITY: Human Resources shall ensure that all employees are enrolled in appropriate benefits programs determinant upon the eligibility of the employee. PROCEDURES AND RELATED INFORMATION I. Each employee will receive a full packet of information explail1ing all benefits provided or offered through the City during orientation. Copies of the insurance summary plan documents are available through the Human Resources office. Benefits are subiect to chanee and are not euaranteed. Should you have any questions at any time about insurance, contact Human Resources. II. INSURANCE COVERAGE Group health insurance coverage, life insurance, short-ternl disability, long-term disability for eligible employees begins on the first day of the month following the first date of employment. Delltal insurance for eligible ell1ployees begins the first day of the montll following the employee's first thirty (30) days of employn1ent. 70 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 5.2 SUBJECT: FEDERAL CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA) PURPOSE: To outline the oppoliunity for employees to continue health-related benefits at their own expellse after employment, reduction of hours or while on an unpaid leave of absence of luore thal1 30 days. POLICY: As per COBRA, employees and their qualified beneficiaries are provided the opportunity to continue health insurance coverage under the City's health plan at their own cost following a qualifying event that would normally result in the loss of eligibility (e.g., termination, resignation, etc.). AUTHORITY & RESPONSIBILITY: Human Resources shall oversee the administration of this policy. Following a qualifying event, Human Resources shall send appropriate forms al1d documentation to employees for their consideration. Employees are responsible to subnlit all necessary paperwork to begin COBRA coverage. Employees are also respol1sible to remit monthly premium payments to the City for extended coverage under the City's health plan. PROCEDURES AND RELATED INFORMATION I. QUALIFYING EVENTS The Federal COllso1idated Omnibus BlIdget Rec011ciliation Act (COBRA) gives employees and their qlIalified beneficiaries the opportunity to contillue health insurance coverage ullder the City's llealtll plan when a "qualifying events" would llormally result in the loss of eligibility. Sonle COlllmon qualifying events are resignation, termination of employnlellt (for reasons otller than gross misconduct), or death of an employee; a reduction in an ell1ployee's 110urs or a leave of absence; all employee's divorce or legal separation; and a dependent child 110 1011ger meeting eligibility requirements. II. WRITTEN NOTIFICATION The City provides each eligible el1lployee with a written notice describing rights granted under COBRA Whetl elnployees beconle eligible for coverage llnder the City's health insurance plan. The notice contaillS important infom1ation abollt employee's rights and obligations. Employees will have 60 days from the date of coverage loss or 60 days from the date that they receive SUCll information, whichever is later, to elect continued coverage. III. FINANCIAL RESPONSIBILITY Under COBRA, the employee or beneficiary pays tIle full cost of coverage at the City group rates plus a 2010 adnlinistratioll fee. Coverage will end if any of the following events should OCClIr: the City 110 longer provides group health coverage to any of its employees; the premiull1 for continued coverage is not paid; the employee becomes 71 ( covered as an employee or otherwise under allotller group health plan; or the employee becomes eligible for Medicare. IV. Any questions concerning COBRA rights should be directed to the Huma11 Resources office. 72 ( CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 5.3 SUBJECT: PERSI RETIREMENT PROGRAM PURPOSE: To outline the City's retirement plan under the Idaho State Public Employers Retirement System (PERSI) and eligibility for participation in the program. POLICY: Consistent with State law, reglllar full-time and part-time employee (working twellty (20) hours or nlore in a work week) and seasonal employee (working eight (8) rnontlls or longer) at a lllinin111ffi of twenty (20) hours per week is covered under the Public Elnployee's Retirement System of Idaho (PERSI). AUTHORITY & RESPONSIBILITY: PROCEDURES AND RELATED INFORMATION I. EMPLOYEE ELIGIBILITY Regular full-time employees, part-time enlployees workillg twenty (20) hours or more in a work week, alld seasonal employee working eight (8) months or longer at a minimum of twe11ty (20) hours per week are covered ullder the Public Employee's Retirement System of Idaho (PERSI). II. Subscriber costs are paid by both the City and the employee. III. QuestiollS regarding PERSI coverage and other benefits should be directed to the Human Resources office. 73 ( J CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 5.4 SUBJECT: EDUCATION REIMBURSEMENT PURPOSE: To establish guidelines regarding educational reimbursement provided by the City. POLICY: Tile City will assist regular fllll-tin1e employees by contributing to the cost of approved courses takell at accredited instihltions as outlined within this policy. AUTHORITY & RESPONSIBILITY: Application for tuition reimbursement must be submitted to the department head for approval, and thereafter forwarded to Human Resources for processing. PROCEDURES AND RELATED INFORMATION I. The City encourages employees to expalld their knowledge and skills through participatioll in outside educational programs during non-working hours. II. The City will assist regular full-time employees by cOlltributing to the cost of courses taken at accredited illstitutions. The City will reimbllrse $500.00 per semester up to $1,000.00 per accounting fiscal year for registration, tuition, fees and books. Travel and sin1ilar miscellaneous expenses are 110t reimbursable. III. All courses must be directly related to an employee's job, be considered of value to the employee's future development with the City, or be part of a degree program which relates to the employee's present positioll or future development within the City. Courses must be approved in advance of participation by the department head. IV. To qualify for education reimbursen1ent, an employee must be employed with the City for six (6) months. To receive rein1bursement, an en1ployee must be on the payroll at the tin1e the course has begun and completed. The course must be completed with a passing grade of C or better or a P on pass/fail basis. Reimbllrsement will be made after the successful completion of the course(s). V. Contact the Human Resources Depaliment for tIle education reimbursement form. 74 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.1 SUBJECT: LIFE-THREATENING ILLNESS PURPOSE: To set forth the City's policy for working with employees who have life- threatening diseases. POLICY: The City recognizes that employees with a life-threatening illness may wish to continue their employment. The City also recognizes that it must satisfy its legal obligatioll to provide a safe work environment for all employees, customers, and other visitors to its premises. As long as all enlployee with a life-threatening illness is able to perform the essential functions of his/l1er job in accordance witl1 City policy, and the medical evidence indicates that the illness cannot be tral1smitted by casual workplace contact and, thus, that the employee does not present a direct threat to the safety and well-being of others, the employee will be permitted to continue to work. AUTHORITY & RESPONSIBILITY: The interpretation and adnlinistratioll of this policy shall be the responsibility of the Human Resollrces Director. PROCEDURES AND RELATED INFORMATION I. The City recognizes that enlployees with life-threatenillg illnesses (including, but not limited to cancer, HIV/AIDS, and heart diseases) may wisll and be able to work on a modified or flexible schedule. The City will seek to acconlnlodate such employee by allowing him/her to work for as long as he/slle is able to perform essential job functions, with or without reasonable acconllnodations, provided that medical evidellce establishes tllat contilluil1g to work does l10t preSetlt a direct health threat to the affected employee or others. II. Whenever possible, the City will accommodate the needs of employees with life- threatening diseases and disabilities; the City also recognizes its obligation to provide a safe work environment for all enlployees. Therefore, supervisors, manager and Departmellt Heads should seek appropriate direction, when necessary, to ensure that an employee's condition does not pose a substantial or unreasonable risk of harm to hinlself/llerself or others. III. The City does not discrin1inate against any qualified applicant or enlployee with a disability with regard to job application, l1iring, advancenlent, need for special equipment, discharge, compensation, training, or other terms, conditions and privileges of employment. IV. When the City receives notice from an elnployee or applicant of any life-threatening disease or disability that prevents otllerwise qualified applicant or employee from perfomling a job, the City will assess (upon request) whether any reasonable 75 ( accommodation would allow the person to perfoffi1 tile essential job functions. An acco111modation which creates an undue hardship on the City or which endangers health or safety is not a reasonable accommodation. V. Individuals diagnosed with a life-threatening illness are encouraged to contact Human Resources to discuss any special needs or conditions associated with the illness and whether reasonable accommodation may be required or available. VI. The City shall take reasollable precautions to ensure that information about allY employee's conditio1l relnain confidentiaL VII. RESOURCES The City offers tile followillg reSOllrces to assist e111ployees and their supervisors In dealing witll these issues: A. Management and employee education and information on life-threatening illnesses; B. Confidential refelTals, on request, to supportive services available to enlployees and tlleir dependents affected by life-threatening illnesses; C. Benefit information to assist employees in maximizing their available health and other benefits. 76 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.2 SUBJECT: USE OF CITY OWNED EQUIPMENT PURPOSE: To provide guidelines regarding the use by employees of City-owlled equipment. POLICY: All City-owned equipment, resources, assets, etc. shall be used solely for the purpose of meeting the City's operational and business goals and objectives. All City-owned equipment shall be used only for business purposes. No unauthorized personal use of City equipment shall be allowed. AUTHORITY & RESPONSIBILITY: Supervisors and department heads are responsible to ensure that all City-owned equipmellt and resources within their areas of responsibility are used solely for business purposes. PROCEDURES AND RELA TED INFORMATION I. City-owned equipment and resources include all assets, property, materials, etc. that are purchased by the City for operational and functional use. Such items may include, but are not limited to, telephones, use of long distallce services, cellular telephones, voice mail, copier machines, fax machines, computers and all related equipment and software (including e-mail, Illtemet, etc.), office supplies, tools, vehicles, etc. II. Any and all personal use of City-owned equipment, tools, resources alld materials is not allowed. III. All City equipment is to be used exclllsively for City business purposes. Elnployees are expected to care for equiplnent according to safety and preventive maintenance standards, alld to operate eqllipmellt in accordance witll federal, state and local requirements. The safety of enlployees and the lllaintenance of City equipmellt is paramount to City leaders. Private use of City equipmellt is strictly prohibited. IV. AllY abuse or misuse or unallthorized use of City equipnlent, resources and/or materials may result in disciplinary action up to and including termination of employment. 77 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.2.1 SUBJECT: USE OF CITY VEHICLES PURPOSE: To identify the guidelines and policy for the use of City vehicles by authorized employees as identified within this policy. POLICY: As l1eeded to perform the required functions of the job, an employee may be issued a City vehicle or be allowed to llse a City vehicle. All vehicle operations shall follow the guidelines as outlined within this policy. AUTHORITY & RESPONSIBILITY: Supervisors and department heads shall ellsure that all drivers are properly licensed, insured, and that they operate City vehicles in a safe and professional nlanner. PROCEDURES AND RELATED INFORMATION I. Employees mllst provide proof of eligibility to legally drive in the State of Idaho. Enlployees who are responsible for driving City vehicles must show a current driver's license valid in the State of Idaho, and nlust maintain a driving record tllat is insurable by the City's insurance carrier. II. As per State law, anyone operating or riding in City vehicles must wear seat belts at all times. III. City vellicles are to be used solely for City bllsilless purposes, and are to be operated only by ell1ployees with a valid driver's or operator's license. Enlployees' personal use of City vellicles, or having falllily l11elnbers or allY other unauthorized persons riding in City vehicles, is prohibited unless autllorized by the Mayor. Designation of persons authorized to use City vehicles is at the discretion of the departnlent heads, who will identify and maintain a written list of those individuals. IV. Any abuse or misuse of City vehicles is subject to disciplinary action, up to and including termination. 78 ( \ CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.2.2 SUBJECT: USE OF CITY OWNED TELEPHONES, FAX AND COpy MACHINES, AND COMPUTERS PURPOSE: To outline specific guidelines regarding the use of City-owned equipment such as telephones, machines, COlllputers, etc. POLICY: As per SOP 6.2, all City-owned equipmellt shall be used solely for the purpose of Ineeting the City's operational and bllsiness purposes. No unauthorized personal use of City equipment shall be allowed. AUTHORITY & RESPONSIBILITY: Supervisors and department 11eads are responsible to ensure that all City-owned eqllipmellt and reSOllrces within their areas of responsibility are used solely for business purposes. PROCEDURES AND RELATED INFORMATION I. TELEPHONES A. City telepholles are to be used for business purposes. Outgoing local personal telephone ~alls of short duration may be made dllring breaks or lunch periods, in private offices if available. B. Illcoming personal pllolle calls should be taken as brief messages only. C. Personal long distance calls nlay not be made unless the cllarges are reversed or charged to an elnployee's personal credit card or home telephone. D. The City lTIay issue cellular telephones to employees if necessary for the efficient COllduct of company business. Use of the cellular telephones is restricted to City business. II. GENERAL OFFICE EQUIPMENT AND MACHINES Fax, copy and other machines are to be used solely for business purposes. Personal use of this equipment is prohibited. III. COMPUTERS A. Computers are to be used solely for business purposes. All computer equipment, illCllldillg but l10t limited to records, software, equipnlent, and communications are City propeliy. B. The City shall have the right to monitor the use of SUCll property at any time. Users shall not have any expectation of privacy as to the use of City computers 79 ( \ including but not limited to e-mail communications and internet information that is drafted, accessed, received, sent, forwarded, copied or downloaded. C. The City, at all times, reserves the right to conduct searches and inspections and otherwise lllonitor all computer-related infomlation, data, communications, all files stored in City networks owned or leased by the City, or on any other storage medium provided by the City for City business including but not limited to floppy disks, tapes, and compact disks in order to monitor compliance with this policy. D. Employees are not to place personal copies of software or data on any City cOlnpllter withollt prior authorization. IV. VOICE MAIL A. The City's voice mail systems are designed to increase productivity and efficiency, and sllould be used accordingly. When using voice mail, employees are required to be courteous and respectful. Sensitive or personal information shall not be left in voice mail. B. Employees llave been assigned a personal password. Passwords should be kept confidential, expect department heads to have a list of all employee passwords within the department. Passwords may be changed to maintain security. C. Management may randon11y lnonitor lllessages to determine whether any unauthorized persons are using the system, or whether any violatiollS of City policy have occurred. 80 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.2.3 SUBJECT: ELECTRONIC MAIL PURPOSE: To provide guidelines regarding the authorized use of electronic mail (e-nlail) on City computer systems. POLICY: Enlployees are provided access to electronic mail (E-nlail) for the sole purpose of facilitating City operatiolls and fiulctions. Enlployees are to use E-mail strictly for business purposes as outlined within the policy. AUTHORITY & RESPONSIBILITY: Supervisors and department heads shall be responsible to ensure that employee use of e-mail is limited to business purposes only. The Network Administrator lnay also have authorization as directed by the Mayor or Human ReSOllrces Director to randomly open and review e-nlail to ensure cOlnpliance with this policy. PROCEDURES AND RELATED INFORMATION I. Electronic mail is any electronic communication between two or more individuals and may contain any form or combination of text, audio, video, drawings, or photographic representatioll. II. Electronic nlail is a tool for work-related communications. Users 11ave the responsibility to use this electronic mail in all efficient, effective, ethical and lawful manner. Electronic n1ail COffilllunications shall conlply with all applicable federal, state and local laws and regulations, as well as tile City's policies alld procedures adopted regardillg electronic nlai!. ObviollSly, electrollic mail Sllould be used only for work-related communications, alld any electronic ll1essage ShOllld be COlllieous and respectful to the recipient(s). III. All electronic mail accounts maintained on City systems are the sole property of the City. The City shall have the right to lllonitor any employee's electronic mail account. All employees are required to report unautllorized or inappropriate use of allY electronic mail account. Similarly, any unallthorized or inappropriate use(s) discovered during monitoring activities shall be reported to tIle appropriate supervisor for determination of appropriate action. IV. Users shall not expect their electrollic mail communications, documents, or other information to be private and shall not use the electronic mail system for matters that are not intended for public disclosure. Confidential illatters, permitted by law, shall be so marked and shall include a warning regarding accidental transmission to a third-party. V. Electronic maillllessages shall be cOllsidered City property, constihlte official records of the City, and are subject to existing doclunellt retention alld public records policies. Sending data via electronic mail shall be considered the same as sending correspondence or official menlO or letterhead. 81 VI. En1ployees shall not pursue, obtain, exchallge, or distribute any non-authorized information that could cause congestion or disruption to electronic mail systems such as screen savers, audio or video clips, or in violation of any licensing agreement. VII. Employees using the City's web account via Microsoft Outlook may use it only to perform work for the City, and in connection with the employee's job. VIII. Personal business should not be conducted using electronic mail, or other City resources. IX. Designated enlployees have been assigned a personal password. No employee shall give Ollt tllis password to anyone other than his/her department head. Passwords may be changed to maintain security. X. Employees shall not access another employee's electronic mail without authorization from botll employees' Inanager/supervisors. XI. PROHIBITED USE OF ELECTRONIC MAIL Use of electronic ll1ail system as described below is strictly prohibited. This list is not all- illclusive, and enlployees are expected to use common sense in determining appropriate use of electronic mail. A. Knowingly or intentionally creating, publishing transmitting, and/or exchanging messages that are inappropriate, offensive, harassing, obscelle, or threatening; B. Creating or distributing electronic n1ail contailling defamatory, false, illaccurate, abusive, threatening, racially offensive or otherwise biased, discriminatory or illegal material; C. Viewing or distributing obscene, pomograpl1ic, profane or sexually oriellted n1aterial; D. Violating laws, lules alld reglllations prollibiti11g sexllal harassment; E. Encouragillg tile use of controlled substances for criminal or illegal purposes; F. Engaging in any activities for persollal gain; G. Distributing copyrighted information without permission; H. Distributing advertisements for commercial enterprises, including but not limited to goods, services or property, ullless sucl1 advertisen1ents are part of requested vendor information to be used in carrying out City business. I. Violating or infringillg upon the rights of others; J. Conducting business unauthorized by the City; K. Transmitting incendiary statenlents, which might incite violence or describe or promote the use ofweapo11s; L. Conducting any non-City supported fundraising or public relatiolls activities; M. Exchal1ging proprietary infom1ation, trade secrets, or any other privileged, confidential or sensitive information that is not aut110rized; N. Creating or exchanging solicitations, chain letters, alld other unsolicited electronic mail. O. Registering to list servers unrelated to City business, withollt proper authorization 82 ( P. Lobbying elected officials or engaging in any other political activity prohibited by law, or using the electronic mail system for any illegal pllrpose. XII. Employee/llsers who receive information of the type described shall not forward or respond to the material, and shall immediately report receipt of such material to the employee's supervisor for proper disposition. Violations of this policy, including failure to report inappropriate uses, may result in disciplinary action up to and including termination. 83 ( CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.2.4 SUBJECT: USE OF INTERNET PURPOSE: To provide guidelilles for the use of Intenlet and all web-based computer applications. POLICY: As with all City property, elnployees may use the Internet to increase productivity and for busi11ess purposes. Employees are prollibited from accessing or using the Internet for personal business or entertainnlent AUTHORITY & RESPONSIBILITY: Supervisors and depalinlent heads shall be responsible to ensure that employee use of the Internet is linlited to business purposes only. The Network Administrator may also have authorization as directed by the Mayor or Human Resources Director to randomly review records of Illtemet usage to ensure compliance with this policy. PROCEDURES AND RELATED INFORMATION I. Access to the Internet shall be strictly for legitimate business purposes, as determined by the City. Employees may use the Internet to increase productivity. Employees are prohibited from accessi11g and/or using the Intenlet for personal business or entertainment via the City's lletwork. II. Elnployees are expected to cOlnply witll all City policies that lnay be applicable to tIle Internet. These include, but are not limited to, confidentiality, harassment, solicitation, outside enlployment and busilless etllics. III. En1ployees may not download, store, translllit, or display any kind of image or document on any City system tllat violates federal, state or local laws or regulations, or that violates any City adopted policies, procedures, standards or guidelilles. IV. If an elnployee accidentally COllllects to a site that contains sexllally explicit or otherwise offensive ll1aterial, he/she sllall disconnect from the site inlmediately alld report the incident to his/her supervisor. V. Internet access is considered City property and the City has the right to monitor the use of such property at any time. Therefore, users shall not have any expectations of privacy as to their Illternet usage through City computers or networks. VI. This list is 110t all-illclusive; use of the Internet as described below is strictly prohibited. A. Viewing or distributi11g obscene, p0111ographic, profal1e or sexually oriented material; B. Violating laws, nlles and regulations prohibiting sexual harassment; C. Encouraging the use of controlled substances for criminal or illegal purposes; 84 ( \ D. Engaging in allY activities for personal gain; E. Obtaining or distributing copyrighted information without permission; F. Obtaining or distributing advertisements for commercial enterprises, including but not limited to goods, services or property, unless such advertisements are part of requested vendor illfornlation to be used in carrying out City business. G. Violating or infringing upon the lights of others; H. Conductillg business unauthorized by the City; I. Obtaining or distributing incendiary statements, which might incite violence or describe or promote the use of weapons; J. Obtaining or exchanging proprietary information, trade secrets, or any other privileged, confidential or sensitive informatioll that is not authorized; K. Engagil1g in allY political activity prollibited by law; L. USillg the system for illegal purpose. VII. Employees shall not lalowingly or willfully create or propagate any virus, worm, Trojan horse or other destructive program code. All items downloaded fronl tile Internet to the City's system or web site are to be scanned for viruses. VIII. ViolatiollS of this policy may result in disciplinary action up to and including termination. 85 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.2.5 SUBJECT: CREDIT CARDS PURPOSE: To outline the appropriate use of City-issued credit cards. POLICY: As with all City-owned property and resources, credit cards issued by the City to individllals or depalinlents are to be used specifically for authorized business pllrposes. Personal use of City credit cards is strictly prohibited. AUTHORITY & RESPONSIBILITY: Department heads are responsible to ensure that employee use of credit cards is for authorized business purposes only. The Finance Director shall be responsible to ensure that all purchases with City credit cards are for legitimate business purposes and within blldgetary guidelines. PROCEDURES AND RELATED INFORMATION I. The City may provide credit cards for specific business purposes. Purchases of products or services for personal use are not allowed. II. Under no circumstances will a City credit card be used for personal expenses and/or purchases. Unautllorized personal use of City credit cards may be treated as personal theft alld/or embezzlement, Wllich may result in collectioll efforts (to recuperate related costs) as well as appropriate disciplinary actioll. III. Violation of this policy may result in loss of credit card privileges alld/or disciplinary actiol1, up to and includillg termination. IV. No enlployee is allthorized to opell a cllarge account, only the Fillance Director can autllorize charge accounts. 86 ( CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.3 SUBJECT: TRAINING AND DEVELOPMENT PURPOSE: To outline the City's support for employees in their job-related development and trainillg efforts. POLICY: The City is conlmitted to providillg employees with the training and development resources they need to effectively perfoml job duties and to continually ilnprove their performance. Employees attending required training programs (either at City facilities or in other locations) shall be compellsated for time spent in such training as outlined witllin the followillg procedures. AUTHORITY & RESPONSIBILITY: Department heads shall be responsible for authorizing job-related training for employees as per budgetary guidelines and as appropriate. The Hunlall Resources Director shall oversee the provision of internal training sponsored by the City. PROCEDURES AND RELATED INFORMATION I. DISCRETIONARY (NON-REQUIRED) TRAINING A. Employees are ellcouraged to seek training and development opportunities that contribllte to tlleir personal growtll alld improvenlent. As such, the City will support an enlployees attendance to nOll-required, non-job related training programs by allowing ullpaid time off to attelld such training if approved by the inlmediate supervisor and departnlent head. B. The City will not typically pay for discretionary training. Employees must pay for all related training costs. C. Enlployees will not receive compensatioll for time spent in discretionary activities or conferences conducted outside llormal work hours. D. A department head may lnake exceptions to this rule provided that the training provides some assistance ill tile overall training, development, and ilnprovement of the employee and his/her ability to perfOlTI1 his/her job. II. JOB RELATED TRAINING A. The City also supports job-related training and development programs that are designed to improve the employee's performance in his/her current duties or in developing new job-related skills alld abilities. Employees may approach their 87 supervisors regarding training opportunities, or supervisors may require employee attelldance at additional training and development courses and activities. B. Where employees reqllest job-related training, it s11all be the decision of the department head to approve such training. Approval for training is at the sole discretion of the department head and in conformance with City budgetary guidelines. C. Employees attending training programs sponsored or required by the City during regularly scheduled work hours will be compensated at their regular rate of pay. If training is held olltside the City limits, employees are eligible for reimbursement for expellses consistellt with tIle City's travel reimbursement policy. III. REQUIRED TRAINING A. The City shall pay for all training that is required to maintain qualifications for performing assigned job duties. Departnlent heads shall be responsible for ensuring that all necessary funds are available for required training. Scheduling of required training is at the discretion of the department head so as to best meet operational and staffing needs. B. CitY-Spollsored or required trailling sllall generally be arranged during regularly scl1eduIed work hours. A departnlent head may change the standard work hours to accomnlodate required attendance at such training activities. Such required training shall be recorded as time worked within the meaning of this policy. NOll- exempt employees, required to attend training outside regularly scheduled work 11ours, may be eligible for overtime pay unless such training is for the purpose of obtaining or nlaintaining a required federal or state license or certification. 88 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.4 SUBJECT: ABSENTEEISM & TARDINESS PURPOSE: To define attendance standards for City personnel. POLICY: City employees shall be attentive to the lleed for regular attendance habits and will observe procedures for repoliing absences as outlined in the procedures below. AUTHORITY & RESPONSIBILITY: Inlmediate supervisors are responsible for monitoring the attendance and related records of their employees. PROCEDURES AND RELATED INFORMATION I. The City of Meridiall expects all employees to aSSU111e diligent responsibility for their attendance and to repoli to work on time. Recognizing, however, that illnesses and injuries may occur, the City l1as established paid leave policies and benefit plans to compensate regular full-tin1e employees for certaitl time lost for legitimate medical reasons, illcluding time off to secure necessary treatn1ent for a disabilityw (Please consult the appropriate policies for information regarding these benefits.) II. Absenteeism or tardiness that is unexcused or excessive in the judgment of the depaliment head is grOl111ds for disciplinary action, up to and including termination. III. Excessive absenteeism callses problems in providing an adequate, qualified workforce to meet the City's obligations. The City intends to make reasonable efforts to find alternative SOllltio11S to tllis problem including possible eligibility for a leave of absence, but it nlay beconle l1ecessary to reassign, demote, or temlinate and replace an employee so that dependable regular full-tinle and part-time help is available. Such action will generally only be taken after alternatives have been explored. The City will afford reasonable accommodation (unless it becomes an u11due hardsl1ip) to a qualified en1ployee with a disability, or for all employee's religiolls beliefs. This policy is not applicable to employees 011 state or federal n1ilitary, or family medical leave. IV. Employees who fail to report to work for three (3) consecutive workdays without notifying the City will be deemed to have voluntarily quit. 89 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.5 SUBJECT: BULLETIN BOARDS PURPOSE: To provide a means by which announcements or activities may be posted. POLICY: Tile City shall provide bulletin boards in each facility for the purpose of posting State alld Federal laws, City-related announcements alld infoffilation. AUTHORITY & RESPONSIBILITY: Supervisors and department heads shall ensure that bulletin boards are securely hung in their facility, easily accessible to all employees, and that only approved materials and infomlation are hung. PROCEDURES AND RELATED INFORMATION I. Information of special interest to all employees may be posted on the City's bulletin boards. Employees may not post any information on these bulletin boards without authorization of the department head. 90 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.6 SUBJECT: DRIVERS LICENSE REQUIREMENTS PURPOSE: To identify positions that typically require a valid drivers license as a normal part of job qualifications. POLICY: Employees whose positions involves the driving of City or personal vehicles as a llormal pa11 of tIle job shall require a drivers license valid in tile State of Idaho. Drivers will also need to have and maintain a driving record insurable by the City. AUTHORITY & RESPONSIBILITY: Supervisors WllO oversee employees with driving responsibilities are to ensure that they have current, valid drivers licenses and that they maintaill a driving record insurable by the City. Employees are responsible for reporting loss of license, loss of driving privileges, or traffic violations that may affect illsurability. PROCEDURES AND RELATED INFORMATION I. For certain City positions, an employee l11ay be required to llo1d a valid driver's license or valid Commercial Driver's Licellse (CDL) with a Class A or B endorsement. II. If an employee's license is revoked, sllspended or lost, or in any other way not current, va~id, or in the employee's possession, tile employee shall promptly notify his/her supervisor and/or departmellt l1ead and will be immediately suspended from driving duties. The elnployee lllay not resunle driving 1111til proof of a valid, current license and the reason for change in licensure status is provided to his/her supervisor or depaliment head. Dependillg on the duration of licellse suspension, revocation or otller inability to drive, all employee may be sllbject to disciplinary actiol1, up to and including termination. 91 ." CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.7 SUBJECT: EMERGENCY CLOSURE PURPOSE: To establish the City's procedure to determine practices when facilities are closed due to emergency conditions or ullusual weather. POLICY: The Mayor alld City Council may, under extraordinary circumstances, declare an emergency closure of non-essential City services due to emergency COllditions and/or ullusual weather COllditions that pose a risk to the safety of City facilities or employees. AUTHORITY & RESPONSIBILITY: The Mayor shall have primary responsibility for determining the closure of City facilities due to llllusual weather or emergency conditions. Where the Mayor is not available, the City Council shall have the responsibility to detemline appropriate closures. PROCEDURES AND RELATED INFORMATION I. In the case of emergency closures following the start of the workday, certain non- essential personnel may be sellt 110me as directed by the Mayor. When possible, affected employees will be given the OpportUllity to perform other tasks not usually associated with their normal duties at 110 loss in pay. If other assignnlents are not available, employees will be sent home witll pay. II. If the decision is made to cUliail City services prior to the stali of nOlTIlal business operations, every effort will be made to notify affected employees before the start of their reglllarly scheduled reporting tin1e. Supervisors who beconle aware of the intent to close facilities shall be respollsible for contacting ell1ployees under their supervision. III. During tinles of inclelnent weather or l1atllral disaster, it is essential tllat the City continue to provide vital public services (e.g., fire, police, water, etc.). Unless otherwise notified, enlployees are expected to make every reasonable effort to report to work without endangering their personal safety. IV. Employees ullable to report to work due to tIle weatller, or employees who leave early because of unusual weather conditions, n1ay charge time missed to vacation leave provided the employee has accrued vacation leave tilne. As in any other case of later arrival or absence, the employee must ll0tify his/her supervisor as soon as possible. 92 ( ( CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.8 SUBJECT: NEPOTISM PURPOSE: To identify the conditions under whicll family members of current City employees, elected officials, or appointed officials may be employed. POLICY: The City shall not unlawfully discrinlinate in its employment practices due to an individual's protected class status. However, the City will not employ immediate family of CUlTent City enlployees or appointed officials where such employment would create a conflict of interest or the potential for unethical behavior as defined within this policy. AUTHORITY & RESPONSIBILITY: HUlnan Resources shall enforce this policy once it becomes knOWll tllat related individuals are enlployed in situatiolls that create or have potential for creating a conflict of interest. Supervisors and department heads are responsible for enforcing this policy within their departnlents. Employees are responsible for disclosing any relationship as identified within this policy. PROCEDURES AND RELATED INFORMATION I. The immediate family of currellt City employees and elected or appointed officials will not be employed by the City where: A. One of the parties would have the authority to supervise, appoint, remove, or discipline the other; B. One party wOlIld halldle confidential material that creates Improper or inappropriate access to the material by the otller; C. One party would be responsible for evaluating the work of the other; D. Other circumstances exist that migllt lead to real or perceived potential conflict among the parties or conflict between the interest of one or both parties and the best interests of the City. II. These criteria vvill also be considered whell assigllil1g, transferring, or promoting an employee related by blood, marriage or adoptioll to any other employee. For purposes of this policy, "imnlediate family" includes: A. Spouse, child, step-child, parent, step-parent, brother, sister, step-sibling, "in-law" relatives, grandparent or grandchild of the employee or; B. AllY otller lnelllber of the enlployee's immediate household including the ell1ployee's donlestic partner. 93 I t III. EMPLOYEES WHO MARRY A. If employees nlany, become related in an "immediate family" relationship as identified in Section II, or begin sharing living quarters with one another with the intention of forming a domestic relationship, and in the City's judgment, the potential problems noted above exist or could exist, only one of the employees will be allowed to remain in the same department or work unit. B. Wllere possible, one or both of the affected employees will be given the option to transfer to anotller position ill tile City for which he/she is qualified. Where transfer is l10t all optiOll, Olle of the affected employees will have to resign or be telTIlinated. The affected employees may be given the opportunity to decide between tllenlselves wllich enlployee will transfer or resign. C. The decision must be made within thirty (30) calendar days of the date they many, beconle related, or begin sharing living quarters with each other. If no decision is made durillg this tilne, the Human Resources Director and the Mayor will make the decision based 011 the best interests of the City. 94 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.9 SUBJECT: SAFETY PURPOSE: To provide gllidelines regarding the safety and well-being of employees, as well as to outline the procedure should any unsafe practice be reported or accident/injury take place. POLICY: The City is comnlitted to a work ellvironlllent that is safe and as free as practical from health and safety hazards. The City and all departments and employees shall con1ply with all local, state and federal guidelilles regarding employee safety. Each departlnent shall develop safety procedllres specific to its operations in order to ensure safe operating practices. All injuries, accidents, and violatiollS of this policy must be reported immediately to department heads and the Human Resources Department as outlined within the following procedures. AUTHORITY & RESPONSIBILITY: All employees are responsible for working in a safe manner so as to prevent illjUry and accident in the workplace. Supervisors and department heads are responsible for nlaintaining a safe work environment, and providing guidance and training to employees ill order to maintain such an environnlent. Hunlan Resources shall be responsible for providing general en1ployee training regarding safety, as well as to administer the forms and procedure for work-related injuries and accidents (including Workers' Compensation). PROCEDURES AND RELATED INFORMATION I. COMMITMENT TO A SAFE WORK ENVIRONMENT A. It is tIle policy of tIle City to comply with federal and state laws, rules and regulations, and to provide a work envirollmellt as free as practicable from health and safety hazards. B. The City believes most accidents are preventable, and it is committed to finding new ways to prevent injuries and accidents. Each department shall develop safety procedures in order to minimize and avoid on-the-job injuries and accidents. C. Supervisors and department heads shall be responsible for leadersllip of safety programs, developing proper safe work procedures, and enforcing all safety rules, includillg the nlaintenance of a safe working environment. D. Enlployees are responsible for adhering to all safety procedures, using safety equipment ill the proper n1anner, and continuously enlploying safe work practices. It is the employee's responsibility to inform their supervisor immediately of any hazardous situation. 95 E. Any questions cOllcellling safety procedures should be directed to the department head. Unsafe working conditions should be reported to the City Clerk's office. II. ON- THE-JOB INJURIES/WORKERS ' COMPENSATION A. All employees are covered by the State Workers' Compensation program. This insurance covers enlployees in case of on-the-job injuries or job-related illnesses. In the event of an on-the job injury, certain forms and procedures are required. B. REPORTING ON-THE-JOB INJURIES 1. Regardless of the severity of an injury, employees are required to report all job-related accidents to their supervisor within their work shift but in no circumstance later then the next business day. 2. Durillg working hours, all employees sustaining an injury should be directed to St. Luke's Occupatiollal Health Services for treatment, except in the case of an enlergency. The supervisor or department head is required to submit the supervisor's accident report log to tile Hun1an Resources office within five (5) working days or as soon as practicable to allow filing of worker's compensation claillls in the proper n1anller. All on-the-job injury reports shall be lllaintained in a separate llledical file in the Human Resources office. 3. If an en1ployee is disabled ten1porarily by an on-the-job accident, he/she shall be eligible for worker's compensation after a five (5) day waiting period, if the injllry is less thall fifteen (15) days, unless an employee is hospitalized overnight then benefits start immediately. The first five (5) work days will be paid by the City, thereafter any additional work time off will be coordinated and paid in COlllpliallce with tIle City's workers cOlnpellsation program and in accordallce witll the Fanlily Medical Leave Act. Retull1 to enlploYll1ent will be autllorized on a case-by-case basis upon COllsultation witll the physician, departn1ent 11ead and the State Insurance Fund. 4. Time lost for more than three (3) working days shall be charged against the twelve (12) weeks of leave provided for in the Family and Medical Leave Act. whether or not employee requests FMLA or not. 5. Workers' Conlpensatioll provisions for bargainillg unit elnployees in the Fire Departnlellt shall be govenled by the provisions of the bargaining agreement. c. If you have any questiollS concerning completion of forms, workers compensation benefits or processes, contact the Human Resources Department. 96 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.10 SUBJECT: POLITICAL ACTIVITIES PURPOSE: To establish guidelines by wl1ich employees can be involved in community or political activities. POLICY: The City encourages employees to be active in their community and politics while off-duty. However, employees are to remain neutral and refrain from expressed preference regarding any election while on duty and/or when in a City uniform. This policy does not apply to elected officials. AUTHORITY & RESPONSIBILITY: Employees involved in political activities shall ensure that such activity in no way violates this policy or hinders work performance. PROCEDURES AND RELATED INFORMATION I. It is in the best interest of the City, in the administration of its duties and responsibilities, that City en1ployees maintain at all times a neutrality regarding any election, whether it is federal, state, municipal or any govemn1ent subdivision of the State of Idaho during their working hours and at all other times the City enlployee is on active duty, is wearing a City ullifonn, and/or is othelwise representing the City and its interests. III. PROHIBITION OF ELECTIONEERING No City elnployee shall engage in any electioneering, regarding any election whether federal, state, mU11icipal or any government subdivision of the State of Idaho. This policy applies to any City employee during working hours or at any other time the City ell1ployee is on active duty, is respollding to a call, and/or is wearillg a City uniform (but not includillg on-call time wl1ere the employee is off City premises). This includes, but is not limited to, telephone calls, personal conversations, faxes, E-mail, and/or any other communications; the circulation of cards or halldbills of allY kind; the soliciting of signatures to any kind of petition for candidacy or election question; and/or the use of City vehicles for the placen1ent thereon of any related bumper stickers, placards or signs. III. Tllis policy shall not be interpreted to include activity of providing infolmation regarding City elections to the public pertaining to bond issues or other elections which are revenue elections subn1itted by the City to the voters, nor does this policy appertain to prescribed dilties of City enlployees in the conduct of any City election. IV. Violation of this policy may result in disciplinary actioll, up to and including termination. 97 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.11 SUBJECT: GIFTS & GRATUITIES PURPOSE: To provide guidance to City employees and representatives regarding the acceptance of gifts, nloney or gratuities form outside organizations or individuals. POLICY: City enlployees are prollibited frOlTI acceptillg gifts, Inoney alld/or gratuities from orgallizations, vendors, COlltractors or their agents in value over $50. AUTHORITY & RESPONSIBILITY: Each employee is responsible for tracking gifts and gratuities from outside vendors, organizations, contractors or others that are received in the capacity of a City employee. Supervisors and department heads are respollsible for enforcing this policy at the department level. PROCEDURES AND RELATED INFORMATION I. City employees are prohibited froill soliciting or accepting gifts, money and/or gratuities from organizations, vendors, contractors or their agents in value over $50. Employees in tIle Police and Fire departments should refer to the departnlent's standard of operation procedures. II. This section does not apply to canlpaign contributions. 98 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.12 SUBJECT: SOLICITATION PURPOSE: To establish a unifom1 procedure to limit non-work related solicitations in the workplace. POLICY: No organization or non-employee individual n1ay solicit any City premise or employee for contributions, membership, participation, etc. that is not generally open to the public. Employees are prohibited from solicitillg during work hours, but may n1ake reasonable solicitations during breaks and mealtimes as outlined within the following procedures. AUTHORITY & RESPONSIBILITY: The Mayor shall be responsible for any exception to this rule or any authorization for solicitatiol1 by an outside organization or individual. Supervisors and department heads are responsible for ensuring that employee solicitations are conducted within specified guidelines, as well as for directing outside solicitors to the Mayor for approval prior to allowing them to solicit on City prenlises. PROCEDURES AND RELA TED INFORMATION I. Most fornls of selling and soliciting are inappropriate in the workplace. They can be an intrusiol1 on employees and citizens, and may present a risk to employee safety, or to the security of the City or employee property. Therefore, persons not employed by the City l11ay l10t at allY time solicit, survey, petition, or distribute literature on City premises that are generally 110t open to the public. Tllis includes perSOl1S soliciting for charities, salespersolls, questionnaire sllrveyors, labor ullion organizers, or any other solicitor or distributor. II. The Mayor may make exceptions to this rule in special circumstances where the City detem1illes that an exceptioll would serve the best interests of the organization or its employees. III. Employees may not solicit for allY purpose during work time. Reasonable forms of solicitation are permitted during non-work tinle, such as before or after work or during meal or break periods. Employees, who are on non-work time, may not solicit other employees who are on work time. Employees may not solicit for any purpose during work time or in work areas. 99 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.13 SUBJECT: OUTSIDE EMPLOYMENT PURPOSE: To provide gllidelines to enlployees regarding outside employment in addition to their duties and responsibilities for their employnlent at the City. POLICY: City ell1ployees are not prohibited from additional employment outside of the City so long as it does not interfere with the performal1ce of duties and responsibilities for the City position. AUTHORITY & RESPONSIBILITY: Department l1eads are respollsible for determining whether outside enlployment is in conflict or otherwise negatively impact the employee's performance of responsibilities for 11is/her City position. Employees are responsible for providing written notice to their supervisors regarding all outside employment. PROCEDURES AND RELATED INFORMATION I. The City of Meridian does not prohibit an employee from working a second job as long as such employnlent does ll0t illterfere with the employee's regularly scheduled City job responsibilities or tile employee's ability to meet City job expectations. II. The department 11ead sllall determine whether the outside job "interferes" with the employee's City job duties. Supervisors shall commUllicate with employees should outside employmellt appear to negatively ilnpact the perfolll1ance of their City position in order to find ways to inlprove performance. In cases where elnployees have been warned abollt poor perforlnallce, additional actioll l11ay reslllt as per tIle City's corrective action policy (SOP 8.2). III. Elnployees are reqllired to notify their supervisor and department head in writing about outside elllploynlellt. In cases where outside enlploynlellt lllay directly conflict with City employment, or the supervisor is concerned about potential negative effects on City employnlent, writtell approval for such outside employment may be required. 100 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 7.1 SUBJECT: DRUG AND ALCOHOL POLICY PURPOSE: To outline the goals and objectives of the City's drug and alcohol testing program and to provide guidance to supervisors and employees concerning their responsibilities for carrying out the program. For the purpose of this policy volunteers are stated as ell1ployees. Tllis policy applies to all regular full-time, part-time, introdllctory, tenlporary, seasonal or contract enlployees, volunteer firefighters, police reserve officers and all job applicants. BARGAINING UNIT EMPLOYEES (FIRE) The collective labor agreement shall govern the alcohol/drug program/policy for Fire departnlent employees who are represented by the bargaining unit. Represented employees should refer to the labor agreement, Appendix B. POLICY: In recogllition of the harmful effects that the use of illegal drugs and the misuse of alcohol can have on employees in tIle workplace, the City of Meridian has a responsibility to provide and n1aintain a safe, secure, productive and efficient work ellvironment free of the use, sale or possession of alcohol and controlled substances. TIle City of Meridian is committed to promoting and maintaining a drug free work environment for our employees, and members of the general public. Furthem10re, the City has an obligation to protect the City's property, equipn1ent, operations and reputation. Being under the iIlf1uence of alcollo1 or an illegal dnlg or improper use of a prescription drug on the job poses serious safety alld healtll risks to the user and to all tllose who work with tile llser. The use, sale, purchase, transfer, or possession of all illegal dlUg ill tIle workplace, alld tIle lIse, possession, or beillg under the influence of alcohol in the workplace also poses unacceptable risks for safe, healthful, and efficient operations. This Dnlg-Free Workplace Policy is not intended to replace or supercede testing, repoliing, al1d procedures n1andated by federal and state rllles, regulations or laws that relate to the nlaintenance of a workplace free from alcohol and illegal drugs. The City requires compliance with this policy as a conditiol1 of employment for qualified applicants or for continued employment for all City employees and volunteers. AUTHORITY & RESPONSIBILITY: The Hun1an Resources Director shall be charged with interpreting and administering this policy. Supervisors and department heads are responsible to ensure C0111pliance to this policy within their areas of responsibility. 101 PROCEDURES AND RELATED INFORMATION I. PROHIBITED ACTIVITIES A. On-Duty 1. Employees are expected to work alcohol and drug free in order to enable safe and efficient job perfoffilance. 2. The use, sale, distribution, manufacture, purchase, transfer, storage, or possession of alcohol or illegal drugs, paraphernalia or the unauthorized use of prescriptioll drugs or any combination thereof, while on City prenlises, in City vehicles, while operating City equipment, at a job site during work hours or in the scope and course of City employment is strictly prohibited. Any violation of this policy is grounds for disciplinary action, up to and including termination. 3. Employees Wll0 report to work and are suspected of being under the influence of alcohol or drugs will not be allowed to drive themselves home or elsewhere. Refusal to comply with this rule n1ay result in immediate termination. 4. Depalinlent Heads will have authority to determine if the possession of alcollol, drugs or paraphernalia is witllin acceptable circumstances or guidelines. B. Off-Duty 1. The off-duty COllduct of any employee which results in a criminal conviction for the possession, use, sale, ll1anufacture or distribution of illegal drugs will be sllbject to discipline up to a11d illcluding termination. 2. Employees who are acquitted will be retuDled to work with back pay, if applicable. 3. AllY employee convicted of violating a criminal drug statute on or away fron1 the workplace lnust inform the City of such conviction (including pleas of guilty and nolo contendere) withill five days of the conviction. Notification must be made to tIle employee's supervisor or the Human Resources Director. Failure to inform the City subjects the employee to disciplinary action up to and including termination. II. MEDICATION PRESCRIBED BY PHYSICIAN A. The use of drugs/medicine prescribed by a licensed medical practitioner will be pem1itted provided tllat it will not and in fact does not affect work performance, nor will it impair the employee's ability to safely operate equipment or machinery. TIle City reserves the rigIlt to have a licensed medical practitioner who is familiar with the "employee's medical history and assigned duties determine if use of the prescription drug will produce effects which will increase the risk of injury to the employee or others while working. If such a finding is 102 made, the City may limit or suspend the work activity of the employee during the period that the medical practitioner advises that the employee's ability to perform his or her job safely may be adversely affected by such medication. Any employee who has been infonned by his/her physician that the prescription drug could cause adverse side effects while working must inform his/her supervisor prior to using the medication on the job. B. Employees must not consume prescribed dnlgs n10re often than as prescribed by tile employee's physician and they must not allow any other person to consume tIle prescribed drug. III. DISCIPLINE A. AllY ell1ployee who possesses, distributes, sells, attempts to sell, or transfers illegal drugs on the City of Meridian's premises or while on City business will be subject to discipline up to and includillg termination. B. Any employee WilD is fOllnd to be in possession of or under the influence of alcollo1 in violation of this policy will be subject to discipline up to and including termination. c. AllY enlployee who is found to be in possession of drug paraphernalia in violation of this policy will be subject to discipline up to and including termination. D. Any employee who is found through alcohol or drug testing to have in his or her body system a detectable amount of alcohol or an illegal drug as defined by this policy will be subject to discipline up to and illcluding termination. Employees volllntarily participating in an alcohol/drug rehabilitation progran1 recommended by tIle EAP will not be subject to discipline for participatioll in the progran1. If the ell1ployee is required to paliicipate in an alcohol and/or drug prograll1 the Elllployee Assistance Progra1ll will 110tify HUll1an Resources wIlen an employee l1as con1pleted the rehabilitatioll program. Prior to retlln1illg back to work an elnployee n1ust have a negative test result and after an enlployee returns to work, he/she will be subject to unannounced drug and alcohol testing for a period of six (6) lnollths. A single positive test result or failure to successfully complete the recommellded rehabilitation program will be grounds for disciplinary action up to and including termination. E. Any ell1ployee who refuses to subnlit to all alcollol or drug test under the terms of this policy will be subject to discipline up to and includillg termination. F. Employees who are required to participate in the City's Elnployee Assistance Progralll (EAP) will be subject to terminatioll for the following policy violations: 1. Failure to contact the EAP within five (5) working days after notification of a positive test result. 2. Refusal or unexcused failure to participate in counseling or the EAP program. 103 3. Abandollment of a treatment program prIor to completion and being released. IV. EMPLOYEE ASSISTANCE PROGRAM & SELF REFERRAL A. TIle City recognizes that alcohol and chemical depe11dency are highly complex problems that can be successfully treated. Any employee needing help in dealing with these problems is encouraged to use tIle City's Employee Assistance Progranl (EAP) and the benefits available tllrough the City's medical plan. The Hlunan Resources Departnlent has brochures alld cards on the EAP program. B. Self- Referral 1. Rehabilitatioll assistance in lieu of discharge may be offered: 2. Any employee, who identifies him/herself to have an alcohol or drug problem, provided that the reqllest is lnade prior to violation of the City's alcohol and drug policy. Enlployees who self refer to the Employee Assistance Progranl (EAP) will not be subject to disciplinary action for voluntarily requesting help due to alcoll01 & drug problems. A request for rehabilitatioll lnay l10t be nlade in order to avoid the consequences of a positive alcohol or dnlg test result or to avoid taking an alcohol or drug test when requested to do so under the terms of this policy. 3. To an enlployee who obtains counseling, evaluation and rehabilitation treatlllent recolllmended througll the City's Employee Assistance Program (EAP). 4. An employee who is ill rehabilitatioll or who has completed rehabilitation will be allowed to return to work upon presentation of a written release signed by a licensed physician or recognized rehabilitation professional. An enlployee reulnling to work after treatmellt lllay return to work after taking and passillg an alcohol and/or drug test. Employees Wll0 undergo a cOllllseling or rehabilitation program will be subject to ullannounced testitlg following completion of such a program for a period of six (6) months. 5. Employees who are referred to outpatient and/or in-patient alcohol or drug rellabilitation will be expected to do so at their own expense, (with the exception of those expenses covered by the City's 11ealth insurance program) on their OWll time or during a leave of absellce, covered under tIle Falnily Medical Leave Act (FMLA) or during a non-paid leave of absence approved by the City. 6. Affected employees shall, whenever possible, schedule outpatient rellabilitation treatment during times that will not conflict with the employee's work schedule, provided however, enlployees will be allowed to use vacation or sick leave, or unpaid leave, if outpatient rehabilitation treatnlent canllot be schedllled otller thall during their regular work sclledule. 104 C. Involuntary Referral When an employee tests positive for alcohol or drug use (or is identified as being under the inflllence of alcohol or drugs at work) as identified in the City's Alco~ol and Drug policy the employee will be sent to the City's EAP program for assesslllent, and treatment planlling. V. EDUCATION A. Supervisors and other lllanagement personllel will be trained in: 1. Overall City policy; 2. Detecting the signs alld behavior of employees who may be using alcohol or drugs ill violation of this policy; 3. Recogllizing alld intervenitlg in situations that nlay involve violations of this policy; 4. EAP intervention, procedures and supervisor's role; 5. Documentation of employee performance and behavior. B. Employees will be trained and infoffiled of: 1. The healtll and safety dangers associated with alcohol and drug use; 2. The provisions oftllis policy through employee meetings and elnployee orientatiol1. VI. TESTING PROCEDURES A. PRE-EMPLOYMENT TESTING 1. All applicallts givell a cOllditional offer of employnlent will be required to submit to testillg for the presence of alcohol and illegal drugs. The offer of employnlent is COllti11gel1t upon a negative alcohol and dnlg test result. A COllditiol1al offer of employnlent will be rescitlded for any applicant who tests positive for the presence of alcohol alld/or illegal drugs. 2. An applicant will be notified of the City of Meridian's alcohol and drug testing policy prior to being tested; will be informed in writing of his or her right to refuse to undergo such testing; and will be informed that the consequence of refusal is termillation of the pre-employnlent process. 3. An applicallt will be provided written notice of this policy, and by signature will be reqllired to acknowledge receipt and understanding of the policy. B. REASONABLE BELIEF TESTING 1. An employee will be tested for alcohol and illegal drugs, or the abuse of prescription medication, when the employee manifests "reasonable belief' behavior that would endanger their well being, as well as the safety of fellow employees or the general public. The basis of suspicion of alcohol or drug 105 abuse nlay be a specific, contemporaneous event, or conduct-evidencing inlpairment observed over a period of time. 2. An employee who is tested in a "reasonable belief' situation will be put on administrative leave with pay pending receipt of written tests results and whatever inquiries may be required. C. POST - ACCIDENT TESTING 1. Any employee involved in a work-related accidellt will be tested for the use of alcohol and illegal drugs, as soon as possible after the accident, preferably within four (4) hours. Examples of COllditions that will require an employee to take an alcohol and drug test illclllde, but are not limited to, accidents, that result in: a. A fatality, personal injury, or illjUry to another person requiring transpoli for medical treatment away from the site of the accident; b. Damage to equipnlent or property owned by the City, or by a third party, that is estimated to exceed $500. c. Damage to a City vehicle that is estimated to exceed $2000. 2. An ell1ployee who is seriously injured and cannot provide a specimen for testing will be required to authorize the release of relevant hospital reports, or other documentation, tllat would indicate whether there were alcohol or drugs in 11is/her system at the time of the accident. Any employee required to be tested under this sectioll must renlain readily available for such testi11g and the employee may not consume any alcohol or illegal drugs. 3. If it is detemlined by nlanagement that all employee's accident was caused by the actiollS of another, and that tllere were no unsafe acts on tile part of tIle enlployee, the City reserves the rigllt to waive post-accident testing of tIle employee. Employees who are involved in a work-related accident requiring Inedical treatmellt are to immediately inform their supervisor of the accident, so that any needed alcohol or drug testillg may be promptly COllducted in cOlljunction with their nledical treatment. D. RANDOM TESTING 1. Departnlent Heads and employees in sensitive positions will be subject to ralldoTIl alcohol and dlUg testing. For purpose of this policy, a sensitive position will be defined as a position in which the duties that are performed as a regular part of the job could reasonably expect to affect health, safety and security of other City enlployees or the general public. 2. Sensitive positions are those that require an employee to: a. Carry fireamls; b. Have custodial responsibility for illegal drugs; c. Perfonl1 emergency medical, lifesaving, and/or fire suppression activities. 106 d. Have supervision over children ill the absence of their parents or adult guardians; e. Have access to homes and/or businesses in the City; f. Handle hazardous materials that if mishandled, place City employees and/or tIle general public at risk of serious injury. 3. The job functions associated with these positions directly and immediately relate to public healtll and safety, the protection of life, and law enforcemellt. 4. Ralldom tests will be unannounced and occur throughout the calendar year. Randoll1 selections will be made by a scientifically valid method that will reslllt in each elnployee having an equal chance of being tested each time selectiollS are made. Tile Human ReSOllrces Director will notify the individual's sllpervisor and the individual selected for randonl testing on the same day the test is scheduled. The supervisor will be notified within two hours of the scheduled testillg and the enlployee will be notified immediately preceding the scheduled testing. Upon notification, the elnployee shall proceed immediately to the testing site alld at the City's discretion; employees may be transported or escorted to the testing site. 5. The annual nunlber of random tests will be no more than fifteen percent (15%) of tile average number of employees subject to random testing for alcohol and illegal drugs. 6. In implenlenting the program of random testing the City shall evaluate periodically whether the numbers of employees tested and the frequency with whicll those tests will be administered satisfies the City goal of achieving a drug-free work force. E. VOLUNTARY RANDOM TESTING As part of the City's alcohol alld drug free workplace program, employees not in designated sellsitive positions may volunteer for randon1 testing. Employees who are interested ill participating in this progranl should contact Hunlall Resources to obtaill a volunteer ralldonl COllsent form. Participation in this program is not a condition of continued enlploYlnent with tIle City and volunteers will be subject to all provisions, conditions and procedures of the randonl testing policy. F. CDL TESTING In compliance with the Department of Transportation (DOT) ruling 49 CFR parts 40 and 382, pre-employment, random, reasonable belief and post accident drug and alcohol testing shall be required for employees in positions that require a Comnlercial Drivers Licellse. VII. DRUG / ALCOHOL SPECIMEN COLLECTION/TESTING PROCEDURES A. Specimen Collection Procedllre 1. When a prospective or present employee is notified that he/she is to submit to alcohol and drug testing he/she will be given instructions regarding where and wilen to report for tests, or at the City's discretion an employee may be 107 transported or escorted to the place of collection. A collection specialist who has been trained in collection procedures will conduct all specimen collections. Testing will be done in accordance with approved collection procedures. 2. All specimens will be tested for the presence of alcohol and illegal drugs. All specimens tested for illegal drugs will be done by urine analysis. Alcohol testing will be done by a Breath Alcohol Technician (BAT) employed by the collection facility tllat is trained in operation of an evidential breath-testing device (EBT). If an individual is unable to take a breath-test due to a medical condition then a blood test will be administered. B. Adulteration Or Submission Of Concealed Specinlen 1. If during the collection procedure, the collection monitor detects an effort by the prospective employee or an employee to adulterate or substitute a specimen, a second specimen will be requested. If a second specimen is provided, both will be tested. If the second specimen is refused, the collectioll nlonitor will infoml the Hunlan Resources Director or his/her designee tllat the donor refused to submit a true specimen. Such substantiated conduct will be considered equivalent to testing positive and the prospective employee will not be offered employment or a present employee will be terminated from further employment with the City. 2. In the event that a prospective or current enlployee subnlits a specimen that tIle laboratory later identifies as a diluted specimen, the City will advise the prospective or current enlployee of that finding and request that he/she submit a second specimen. SllCll donors will be advised by the City not to drink any fluids prior to the test. C. Testing and Confirnlation 1. TIle Cllt-off levels for all Non-Dot testiIlg is as follows: Drug Class Amphetamille Falnily Cocaine Phencyclidhle (PCP) Marijualla Opiates Screening 1 000 ng/TI11 300 ng/nl1 25 ng/ml 50 ng/ml 2000 ng/ml Confirmati 011 500 ng/rnl 150 ng/ml 25 ng/ml 15 11g/ml 26 ng/ml 2. The cut-off for alcohol concentration will be on two levels. Any elnployee who tests above a level of 0.02 BAC and up to 0.039 BAC may be subject to discipline, will not be allowed to work for at least 24 hours alld must have a negative test result before returning to work. Any employee who tests at or above 0.04 BAC is considered to have tested positive and is considered to be under the influence of alcohol. Positive alcohol tests resulting frolll the breath test will include a confirmatory breath test conducted no later than fifteen (15) minutes after the initial test; or the use of any other confirmatory test can be used that demonstrates a higher degree of reliability. 108 3. Any specimen that screens positive for the presence of illegal drugs will be continued by the Gas Chromatography/Mass Spectrometry (GC/MS) confirmation method. Any employee who tests positive for illegal drugs or prescription lnedication may request to obtain an independent test using the remaining portion of the urine specimen that yielded the positive result. The retest is at the applicants or employees own expense (unless those expenses are covered by the City insurance program). This request must be conveyed to the MRO within 48 hours of the employee being notified of the positive test reslllt. 4. Dllring the time the second test is being conducted, the pre-employment selection process for an applicant will be placed on hold. An employee already working for tIle City will not be allowed to work. If the retest reverses the positive reslllt, the City shall reilnburse the cost of the retest and any lost of compensation and benefits that is incurred as a result of the initial positive test results. The City will have no liability to any employee for errors or inaccurate test results. VIII. TEST RESULT NOTIFICATION A. All results received from the laboratory will be forwarded to the office of the accredited collection agellCY for the purpose of their providing medical review officer services. WIlen a test sllows a positive test result the employee or applicant will be cOlltacted by the Medical Review Officer (MRO) and will be given the opportunity to provide an explallation for the positive result. The MRO may choose to conduct employee medical interviews, review employee medical history, or review any other relevant biomedical factors. After the employee has been provided an opportunity to consult with the Medical review officer and the MRO determilles that the test is positive the City will be notified. The collection agency will only report reSlllts to the Hllman Resollrce Director or his/her designee. B. Any employee who is taking a prescription drug that may 11ave been the cause of a positive test result will be asked to provide the name of the nledication and the identity of the prescribing physician for verification. If tile MRO determines that the positive test result was dlle to authorized use of prescription medication, he/she will immediately report a negative fillding to the Human Resource Director or his/her designee alld no furtller action will be taken. However, if an employee canllot provide a reasonable explanation for 11is/her positive test result, and the Medical Review Officer (MRO) finds 110 reason to doubt the validity of the positive test, the Hunlan Resources Director or his/her designee will be notified of tIle positive test result and disciplinary action will be taken consistent with the terms of this policy. IX. REFUSAL Any employee who refuses to be tested, or fails to provide a specimen or information as directed under tIle terms of this policy, will be subject to discipline up to and including terminatioll. 109 ( X. EFFECT OF TESTING POSITIVE A. Any prospective employee who tests positive for alcohol or illegal drugs will not be offered employnlent. Any introductory, temporary or seasonal employee who tests positive for illegal drugs or alcohol will be terminated. B. Any classified employee (as defined under the City of Meridian's employment classifications) that tests positive for alcohol or illegal drugs, will be subject to disciplinary action consistent witll the terms of this policy. (Refer to the disciplillary section of this policy). XI. CONFIDENTIALITY All information relating to dnlg or alcohol testing or the identification of persons as users of alcohol and drugs will be protected by the City as confidential and given out on a need to blOW basis, unless otherwise required by law, over-riding public health and safety concerns, or authorized in writing by the person ill question. XII. CONCLUSION The terll1S of this alcohol/dlug free workplace policy are intellded to achieve a work environn1ent wllere employees are free from the effects of alcohol and/or drugs. Employees ShOllld be aware that the provisions of this policy may be revised when necessary. The City anticipates tllat by implementing an alcohol and drug free workplace policy, its elnployees will enjoy the benefits of working in a safer, more secure, and more productive work environment. The City also anticipates that the provisions of this policy will help mailltain and pron1ote the health, welfare and safety of the general public. BARGAINING UNIT EMPLOYEES (FIRE) The collective labor agreement shall govenl the alcohol/drug program/policy for the Fire departnlent ell1ployees who are represellted by the bargailling unit. Represented employees ShOllld refer to the labor agreement, Appendix B. XIII. DEFINITIONS A. Alcohol: n1eans any beverage that contains ethyl alcohol (ethanol), including but not lil11ited to beer, wine and distilled spirits. B. Apolicallt: Any individual tentatively selected for employmellt with the City. C. City premises or City facilities: for the purpose of this policy means all property of the City of Meridian including, but not limited to, the offices, facilities, land, and surrounding areas on the City's owned or leased property, parking lots, and storage areas. The term also includes the City's owned or leased vehicles and equipnlent wherever located. D. Drug Paraphernalia: Drug related paraphernalia is any unauthorized material or equipnlellt or iten1 used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing into the human body an llnauthorized substance. 110 ( E. Drug testing: means a urinalysis taken for the purpose of determining whether drugs are in the person's system or any other testing the City deems appropriate and reliable. F. Enlployee Assistance Program (EAP): A contract-based counseling program that offers assessment, short-term counseling, and referral services to employees for a wide range of alcohol, drug, and mental health problems and monitors the progress of employees while in treatment. G. Illegal dnlg: means any drug as defined by section 802 (6) of Title 21 of the Ullited States Code wl1ich is not legally obtainable under chapter 13 of that title. Examples of illegal drugs are cannabis substances, SUCll as lllarijuana alld hashish, cocaine, opiates, phencyclidine (PCP), and so-called designer drugs and look- alike drugs or use of a legal drug not prescribed to the employee. H. Legal drug means any prescribed drug or over-the-counter drug that has been legally obtained and is being used for the purpose for which prescribed or manufactured. I. Medical Review Officer: An independent licensed physician who has knowledge of substance abuse disorders and the appropriate llledical training to interpret and evaluated all positive test results togetller with an individual's medical history and any otller bionledical infonnation. J. Reasonable belief: means a belief based on objective facts sufficient to lead a prudellt person to conclude that a particular employee is unable to satisfactorily perform 11is or her job duties due to sllspected drug or alcol1o1 impairment. K. Under tIle illfluence: n1eans a COlldition in which a person is affected by a drug or by alcohol in a detectable Inanller. A detemlinatioll of bei11g under the influellce call be establisl1ed by a scielltifically valid test, such as a breath test or llrinalysis. 111 (- CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 7.2 SUBJECT: SMOKING PURPOSE: To set forth the City's policy regarding smoking on City premises and within City vehicles. POLICY: The City prohibits smokillg at all times in all City facilities and vehicles. Smoking shall only be allowed in designated areas outside of City facilities. This policy shall apply to all e111ployees and men1bers of the public using City facilities. AUTHORITY & RESPONSIBILITY: Department heads are responsible for ensuring a smoke-free environment within their work areas. PROCEDURES AND RELATED INFORMATION I. In order to provide employees and the pllblic with a healthy ellvironment and to minimize the potentially harn1ful effects of second-hand smoke 011 non-smokers, the City of Meridian prohibits smoking at all times in all City facilities and vellicles. II. If employees desire to smoke, designated areas outside City bllildings will be identified. 112 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 7.3 SUBJECT: WORKPLACE VIOLENCE PURPOSE: To identify the City's policy'prohibiting violence in the workplace by enlployees, supervisors, elected or appointed officials, and members of the public. POLICY: The City prohibits the llse of intimidation, threats or violent acts by or towards any City employee, on any City premise, and/or within any City vellicle. All such actual or potential incidents lnust be reported to the department head or another appropriate manager as outlined within the following procedures. AUTHORITY & RESPONSIBILITY: Supervisors and department heads are responsible for ellsuring a violence-free workplace within their scope of responsibility. Supervisors nlust report any violent act, threat or intimidation immediately to the department head alld/or the Human Resource Director. Human Resources shall be responsible for coordillating the investigation of all incidellts of violence and to report all related findings to the Mayor for appropriate action. PROCEDURES AND RELATED INFORMATION I. The City of Meridian strives to maintain a work environment free from intimidation, threats or violent acts. Illtinlidating, threatening or hostile behaviors, physical abuse, vandalism, arson, sabotage, unallthorized possession or itlappropriate use of firearms, weapons, or any otller dallgerous devices on City property is prohibited. A. Some enlployees of the City may be required, as a COllditioll of their work assignmellt, to possess firearms, weapons or other dangerous devices, or are pernlitted to carry tllem as allthorized by law. It is the City's policy that employees are to use thenl only in accordance witll departmental operating procedures and all applicable state and federal laws. II. Elnployees who feel they have beell subjected to allY of the behaviors listed or who observe or have lalowledge of allY violation of this policy should imnlediately report it to their supervisor, departnlent head or the Humall Resources Director. All reports will be investigated and disciplinary action takell, if appropriate. III. The City reserves the right anytime, anywhere without notice to conduct searches and inspectiollS of employees, personal effects or City-provided equipnlent, vehicles, offices, desks, cabinets, lockers, cOlnputer files, enlails, or any other City owned property. Any illegal and unauthorized articles discovered may be taken into custody and may be turned over to law enforcement representatives. IV. Any employee who violates this policy, refuses to submit to a search, or is found in possession of prohibited articles will be subject to disciplinary action, up to and including termil1ation of employment. 113 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 7.4 SUBJECT: CRIMINAL CHARGES & MISDEMEANOR PURPOSE: To outline the City's policy on employees who Incur criminal charges and misdemeanors. POLICY: Enlployees charged with a nlisdemeanor or felollY of any class must report the charge inlmediately to his/her departnlent head or the Human Resources Director witllin five (5) days of the charge. Should the charge interfere with the enlployee's ability to perfornl his/ller duties, create a conflict of interest, or compromise the best itlterests of the City, the employee nlay be subject to disciplinary action up to and illcluding termination. AUTHORITY & RESPONSIBILITY: Human Resources shall administer and interpret this policy. Supervisors who are informed of an employee's charges must report such information to the Human Resources Director immediately. PROCEDURES AND RELATED INFORMATION I. Any City employee who is charged with a Inisdemeanor or felony lllllst report the charge imlnediately to his/her supervisor or the Human Resources Director within five (5) days of the charge. Should the charge interfere with the employee's ability to perform his/her duties, create a conflict of interest, or compromise the best interest of the City, all of which will be detemlined solely by the departlnent head, the Human Resources Director alld tIle Mayor, tIle employee may be subject to disciplillary action up to alld including termination. II. Failure to infornl tile City subjects tIle elnployee to disciplinary actioll up to and including termillation. The employee may be suspended from work pending outcome of the legal process. III. If an employee is convicted of a crime, whether misdemeanor or felony, that impacts his/her ability to meet the esselltial functions of his/her position or that creates a conflict of interest or tllat compromises the best interests of the City, all of which will be detemlined solely by tIle departnlent head, the Hllnlan Resources Director and the Mayor, the ell1ployee lllay be subject to disciplinary action up to and including termination. 114 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 7.5 SUBJECT: STANDARDS OF CONDUCT PURPOSE: To outline the City's policy regardi11g standards of conduct and behavior to be followed by all City enlployees, supervisors, managers, appointed officials and elected officials. POLICY: All City employees, supervisors, nlanagers, appointed officials and elected officials are expected to conduct themselves in a professional manner that is representative of the City. Employees are expected to provide excellent customer service to the public, treat all members of tIle public with due respect, and to mailltain good commullity relations as outlined within tile procedures that follow. AUTHORITY & RESPONSIBILITY: Hunlan Resources shall be responsible for administering this policy and providillg guidance and interpretation for the procedllres as listed below. Supervisors and department heads are responsible to ensure that all subordinate employees conduct themselves in a professional and courteous way that respectfully represents the City. PROCEDURES AND RELATED INFORMATION I. STANDARDS OF CONDUCT A. TIle ability to provide excellent service to tile public and to maintain good comn1unity relations depends on the City's employees. As an illtegral menlber of the City's workforce, eacll employee is expected to: 1. Conduct themselves in a professional alld courteous manner at all times; 2. Accept alld carry out responsibilities in the most effective and efficient way possible; 3. Adhere to acceptable professional principles ill lllatters of personal conduct; and 4. Exhibit a high degree of integrity at all times. B. The City has outlined basic standards of conduct to assist each employee understand his/her responsibility as a City employee. These standards are provided as an example of appropriate conduct, and are not meant to be all- inclusive. C. Violation of tllese rules and guidelines Inay result in disciplinary action, up to and includillg telminatioll. The list below are non-exclusive examples of conduct. 115 ( II. EXPECTATIONS Each City of Meridia11 employee is expected to, at minill1um: A. Abide by all departlnental rules whether they be written or issued orally by the supervisor. No employee shall be required to, follow the directive of a supervisor, which violates laws of the City, the State or the nation. B. Adhere to the State of Idaho's Code of Ethics sections 18-1351 through 18-1362; The Prohibition Against Contract with Officers Act sections 59-201-209; and the Ethics in Government Act sectiollS 59- 701 through 59-705 and any other state statues that govern City government. C. Perform assigned tasks efficielltly and effectively, and in accordance with expected standards of perfoffilance. D. Report for work 011 time. E. Provide proper advance notice whenever unable to work or report to work on time. F. Report any illness or disability or medicatioll tllat may adversely affect job performance. G. Keep confidential information private and avoid discussing it with anyone other tllan appropriate City staff menlbers. Confidentiality is critical to maintaining the respect and dignity of co-workers, supervisors and managers and the public. H. Keep work ellvironment clean and orderly. Before departing at the end of the workday, clleck to see if doors and files have been locked, and clear from desks or tables any docUlllents of a sensitive or confidential nature. I. Put forth your best efforts to work in harmollY with co-workers. J. Extelld courtesy, respect and COl1sideratioll to all co-workers, managers and nlembers of the public. Respect and promote the unique illdividuality of each co- worker, lllallager and citizen and refrain from discriminating or stereotyping on the basis of gender, race, national origin, religion, or disability. K. Avoid conflicts of interest or llse public position for personal gain. L. Conlply witll all City safety rules and regulatiolls. M. Exercise lnaximum care and good judgnlel1t at all tinles to prevellt accidents and ll1jUfles. N. Report as soon as possible work-related injuries and illnesses, regardless of their extent or nature, unsafe working conditions, and the need for maintenance or repair of vehicles or equipmellt. O. Recognize and understalld that employees will be held accountable for damage to or loss of funds or property for which you are responsible. When the loss is due to negligence or carelessness, enlployees may be required to replace or pay for the itenls lost or damaged. P. Recognize and ullderstand that the City is not normally responsible or accountable for loss or theft of personal property of enlployees. Q. Obtain specific writtell permission from a sllpervisor before removing City property from the prelnises. R. Maintain a current driver's license when necessary to meet the qualifications for the positioll. S. Do not engage in conduct away from work that, although not criminal, may reflect adversely upon the City. 116 T. Recognize and ullderstand that the City expressly prohibits any acts or threats of violence by any City employee or former employee against any other employee in or about City facilities or elsewhere at any time. U. Report any alTests or nlisdemeanor or felony charges that occur during employment. The City will review each situation based on its own merit, but may take appropriate disciplit1ary action when necessary. V. Do not report to work or work while under the influellce of alcohol or drugs. Any violation of tllis policy may result in disciplinary action, up to and including termination. W. COlnply with standards of dress, which are set by each department head. 117 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 7.6 SUBJECT: PROHIBITED ACTIVITIES IN WORKPLACE CONDUCT PURPOSE: To outline activities and behavior that are inappropriate and prohibited within the workplace. POLICY: Employees are expected to perform and behave in a professional and courteous manner. Inappropriate behavior alld COllduct, as set fOlih within this policy, will not be tolerated by ell1ployees, supervisors, elected or appointed officials, and (as applicable) members of the Pllblic. AUTHORITY & RESPONSIBILITY: Supervisors and departn1ent heads are responsible to enSllre compliance with this policy for themselves and individuals within their assigned scope of responsibility. PROCEDURES AND RELATED INFORMATION I. While not all-inclusive, the following list provides examples of unacceptable conduct or performance that may result in disciplinary action, up to and including immediate telmination. This list includes, but is not limited to: A. Violation of or failillg to follow safety standards. B. Sllowillg up for work or being under the influence of, using, or possessing illegal drugs, controlled substallces or alcohol, wllile performing City bllsi11ess, on City time or premises. C. Bringing or possessillg unallthorized fiream1s, weapons, explosives or similar items 011 City property. D. Plea of or finding of guilt, or conviction of official miscollduct in office, or conviction of a crime that reflects negatively on the ell1ployee's ability to perform the job or on the City as an employer. E. Insubordination, including improper conduct toward a supervisor or refusal to do work as assigned without proper justification. F. Discrimillate in the treatment of co-workers or lnembers of the public on the basis of race, religion, gender, age, national origin or disability. G. Fighting, provoking a fight, or threatening physical violence toward another employee or member of the public while on duty, or performing City business, or representing oneself as a City employee. H. Ellgagillg in 111alicious gossip or rumors about other employees, n1anagement, or city leaders. I. Engagillg in abllsive treatlllent (physical or verbal) of others. J. Making degrading comnlents about a person or his/her appearance. K. Teasillg, kiddillg, touching, or telling jokes that nlay be perceived as inappropriate or offensive. L. Providing false or misleadillg infolmation on employn1ent applications, job performance_reports, or any other related personnel documents or papers. 118 ( M. Misusing, abusing, destroying or damaging City property or equipment. N. Failing to report a job injury or accident; making false claims or inaccurate statements in the reporting of an injury or accident. O. Tardiness, absenteeism, job abandonment, unexcused or llnauthorized absence or leave from work. P. Abusing of benefit offerings by taking unjustified or unearned sick leave, vacation leave, or otherwise participate in a scheme or deception to create incorrect records or to clain1 benefits, which are not deserved in accordance with City policy. Q. Using work time for personal business including selling of good or services to the gelleral public, or preaching religiolls or political views to members of the public or other ell1ployees duril1g work hours. R. Altering, falsifyillg or destroying tinle keepillg records or other City records. s. Unauthorized disclosure of confidential illfolmatioll from City records. T. Using positioll and/or public office or position to obtain personal or financial gain or accepting valuable gifts in excllange for influence or favors given as a City employee. U. Inability to perform the essential functions of the position after reasonable accommodation has been offered and/or made. V. Unlawful discrimination and/or harassment of other employees. W. Ullsatisfactory performance, including llnwillingness or inability to get along with co-workers. X. Failllre to comply with or disregard of en1ployment-related rules, policies and prohibitiolls. Y. Failure to abide by department rules and City of Meridian rules concerning dissemination of information to the public fron1 public records or about public matters. The decision to release infomlation from the public records or to disclose writings or other illformation in the hands of a public official belongs with City Clerks office who has official custody of City records. Each en1ployee shall n1aintain the cOllfidelltialllatllre of records, which are not open to public scnltiny ill accordal1ce with the direction of the responsible official. z. Mailltaill a C1IITent driver's license when l1ecessary in the conduct of work for the City. Eacll employee is obligated to report allY state-imposed driving restrictions to his/her imnlediate supervisor and to notify his/her supervisor in the event that his/11er driving abilities are impaired by other than state restrictions. (Refer to the City's drug-free workplace policy and testing policy for more infom1ation, or contact the Human Resources Department). AA. Engage in abusive conduct to fellow enlployees or to the public, or use abllsive language ill the presence of fellow employees or the public. Abusive lallgl1age sllall itlclude profa11ity and loud or harassillg speech. II. The City will atten1pt to address concerns and complaints of enlployees in a timely and reasonable manner. If employees are concerned about work-related issues, they may and should discuss these concerns with their supervisor, department head, and/or the Human Resources Director. 119 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 8.1 SUBJECT: TERMINATION OF EMPLOYMENT PURPOSE: To outline the types of employment termination and the reasons for StIch termination proceedings. POLICY: EmploY111ent with the City may be terlllinated at any time. As per its at-will policy, tIle City reserves tile right to ternlinate en1ploynlel1t at allY tiffie and for any or no reason. Employment may be terminated volulltarily (at the employee's request) or involuntarily (at the City's request) as outlined within this policy. All involuntary terminations require the approval of the Mayor, and are subject to the grievance procedure as outlined in SOP 8.2.1. AUTHORITY & RESPONSIBILITY: Hunlan Resources shall be responsible for interpretation and adn1inistratioll of this policy. Human Resources shall notify employees and supervisors of all involuntary termi11ations so as to ensure legal compliance. All voluntary terminations should also be directed to Human Resources. Supervisors are responsible for forwarding all notifications of voluntary termination to the Human Resources Department. The Mayor shall have the sole authority to make final termination decisions for employees, with the Mayor al1d City Council authorized to make termination decisions for appointed positions. PROCEDURES AND RELATED INFORMATION I. Temlillatio11 of employnlellt occurs allY time eitller tIle en1ployee or the City decide to end the employn1ent relationship, either voluntarily or involuntarily. II. VOLUNTARY TERMINATION V oluntary termination typically illvolves the voluntary resignation of an employee or an individual's retirenlent. Details are provided below. A. Enlployees who clloose to separate from City emploY111ent are urged to submit written notice to their supervisor fourteen (14) calendar days prior to their last day of work. Proper notice generally allows the City sufficient time to calculate all leave benefits and/or otller monies to which employees may be entitled. An employee's supervisor, department head, Human Resources Director or the Mayor may choose to waive this request and immediately end the employment relationship. B. Ell1ployees who COlllply with this requirement nlay also arrange to have their final paycheck available 011 their last day of work by sllbmitting a written request to Payroll to be paid earlier. Otherwise, the final paycheck will be available on the l1ext regular payday and/or in compliance with state law. 120 ( C. RETIREMENT Employees eligible for retirement bellefits llnder PERSI (see SOP 5.3) who decide to leave employment should notify Human Resources as soon as possible about their decisioll. This will allow for sufficient tin1e to arrange for PERSI benefits to begin at the time of tenl1ination. It also provides sufficient time to allow for a replacement to be found for the position in order to continue to meet operational demands. III. INVOLUNTARY TERMINATION Involuntary telll1ination typically itlvolves a termination of employment at the request of the City. Involuntary termination typically consists of tIle actions as described below. Termination of employnlellt as illitiated by the City requires Mayor's approval. A. AT-WILL TERMINATION As all at-will enlployer, the City reserves the right to telmillate enlployment at any tinle for allY or no reaSOll. As outlilled in SOP 1.2, employment with the City is not guaranteed, nor does this nor any other policy or agreement create a binding contract or guarantee of employnlent for those enlployees not represented by the current Fire labor COlltract. B. DISCIPLINARY TERMINATION As a part of its discipline policy (see SOP 8.2), the City may choose to terminate employment at any tinle for violation of City policies, procedures, practices, codes and standards of conduct, or for allY otller unacceptable behavior, action or practice. Disciplinary termillations typically take effect immediately, with possibility for grievance as outlined in SOP 8.2.1. C. LA Y -OFFS Layoff is defilled as severallce of all enlployee fronl the work force due to lack of work or flInds. Layoff is l11ade withollt prejlldice, and is no falllt of the affected enlployee. Layoff lllay occur due to lack of work, budgetary restrictions, reorgallization, or other factors. Layoffs mayor nlay not provide elnployees with prior llotification before takillg effect. D. JOB ELIMINATION III some cases where a positioll is eliminated, an enlployee may be provided the opportunity to transfer to another City position for which he or she may be qualified. Failure to accept the transfer will be regarded as a voluntary termination. IV. NOTIFICATION OF TERMINATION Enlployees being terlninated shall receive written notice statillg reasons for the action. Enlployees subject to involuntary tellnination shall be given all opportunity to appeal the action according to the timeframe alld provisions set fortil in the grievance procedure. The Mayor shall approve all temlinations. 121 ( IV. SUSPENSION OR TERMINATION OF APPOINTED OFFICIALS Appoil1ted officials may be suspellded with or without pay by the Mayor and Council. The Mayor shall set an admi11istrative llearing and sllall notify the appointed official of the time and place of the hearing, which will be heard by a majority of the City Council l11embers and the Mayor. Appointed officials shail be terminated by the procedures set out in Idaho Code section 50-206. Exempt employees will not suffer deductions from their salary for suspensions of less than one workweek. V. EXIT INTERVIEWS A. Whellever possible prior to an enlployee's separation from City enlployment, the Hunlan Resources Director will schedule an exit interview with the employee. The purpose of this interview is to: 1. Obtain infornlation and suggestions from the employee that may help to in1prove the quality of City services and the general work environment. 2. Identify areas of in1provement, eliciting the employee's ideas for reasonable implementation. 3. Advise the employee of benefits and bellefit conversion privileges for which the enlployee may be eligible. 4. Exit itlterviews are VOl1111tary alld will be shared with department heads on a need to know basis. B. Human Resources shall be responsible for scheduling all exit interviews. Typically, efforts will be made to schedule exit interviews prior to the last day of employment; 110wever, circumstances may require setting the interview for a later time. C. Human Resources shall forward any applicable comnlents, recoffill1endations, or other infornlation to the Mayor sllould it require further action. VI. SURRENDER OF CITY PROPERTY A. Employees are required to return all City property to the department head at the time of separation. B. If the property is not returned, the employee will be asked to sign a written authorization to deduct the cost of the indebtedness fronl the final paycheck. C. Elnployees may be terminated at the option of the City with 110 further obligation other than to pay wages due, according to state and federal law. 122 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 8.2 SUBJECT: DISCIPLINARY ACTION PURPOSE: To identify the City's policy on disciplinary action so as to ~nsure consistent and equitable application for all employees. POLICY: Supervisors and department heads are directed to assist employees in improving substandard or unacceptable performance and behavior tllrough setting effective expectatiolls, providing feedback, coaching, cOllnseling, and other proactive activities. However, when employees do not respond to such efforts, or when events take place that are so grievolls as to require disciplinary action, supervisors are directed to follow the disciplinary policy as outlined within the following procedures. AUTHORITY & RESPONSIBILITY: The Human Resource Director shall be responsible for interpreting this policy. Supervisors and department heads shall have authority and are responsible for adnlinistering this policy within their areas of responsibility up to specified levels of disciplinary action as outlined herein. The Mayor shall have authority for disciplinary decisions Inade which involve demotion, suspension, or termination. PROCEDURES AND RELA TED INFORMATION I. PURPOSES OF DISCIPLINARY ACTION Disciplinary action is typically considered when an employee engages in ullacceptable perfonnance or behavior. Below are outlined typical circumstances wherein disciplinary actioll ShOllld be COllsidered. TIle disciplinary actions listed are not llleant to be all- inclllsive other circlllllstances nlay arise where disciplinary action lllay be warranted. A. Violation of Policy or Procedure: Employees who violate City policy or practice as outlined within the City's SOPs, instructional manuals, or other reference sources may be subject to disciplinary action as outlined within this policy. Disciplinary action sIlould be comnlensurate with the level of policy violation and the inlpact upon City operations, employees, reputation, liability, etc. B. Unacceptable Behavior: In cases where employees violate the City's standard of conduct (see SOPs 7.5 and 7.6), or otherwise ellgage in behavior that is unacceptable, unprofessional, or which creates a hostile or uncomfortable work environnlent, such employees may be subject to disciplinary action. c. Workflow In1pact: Employees who, by tlleir actions or illactions, create a negative in1pact on tIle workflow or ability to perforln assigned duties by other employees, may be subject to disciplinary action. 123 D. Substandard Performallce: The City expects its employees and managers to perform assigned duties and responsibilities in an effective manner that meets reasonable expectations of quality, quantity and timeliness. Supervisors are expected to help employees inlprove performallce in cases of unacceptable performance through effective feedback, coaching and counseling efforts. However, when such actions become ineffective, employees may become subject to disciplinary action as outlined within this policy. II. STEPS OF PROGRESSIVE DISCIPLINARY ACTION A. The followillg is a list of steps that supervisors may follow in administering discipli11ary actioll. Please note that tllese steps are guidelines only and may l10t always be followed. Disciplinary actioll may be initiated at any step in this process, at the discretion of the depart111ent head, Hunlan Resources Director and lor Mayor, depelldi11g 011 the performance problem, the type of conduct, or the 11ature of the offense involved. Discharge may also result without any other prior warning being given. B. Disciplinary action may call for any of the following steps, depending on the issue and the type or nature of the offense. 1. Coaching and Counselillg In cases of unacceptable performallce, and prior to formal disciplinary action, supervisors are encouraged to use methods of coaching and counseling to resolve perfolmance problenls. Sllpervisors sllould clarify expectations and provide specific, measurable feedback to employees in order to improve performance. Performance counseling sessions should be docu111ented, with information including performance agreements, documentation of performance improvemellt plans, and other related information. 2. Verbal Wanlillg This is defined as an illformal discussion of the employee's action and/or behavior tllat is stated specifically by the supervisor. The employee has the opportunity to explain his/her side of the situation, and the supervisor will consider that informatioll before developing specific corrective actiollS. The supervisor should elicit the employee's ideas on how to resolve the issue and incorporate those whenever possible. The supervisor will specify perforlnallce agreements made, including how the employee is expected to inlprove, the tin1eframes for improvement alld specific consequellces for a lack of follow-through. Documelltation of this verbal warning should be made by the supervisor and kept with the supervisor's work records. 3. Written Warning The same procedures of the verbal wamillg are recommended in this step. However, ill additioll, the supervisor alld/or depalinlent head will prepare written documentation of this conversation for tIle elnployee and the 124 enlployee's personnel file. The documentatioll, usually in memo form, will include the date of tIle cOllversation; the rule or policy violation specifically stated; a reference to the earlier oral warning; a statement of the specific change in the employee's performance that is expected; the tin1e allowed for inlprovernents; the consequences of not meeting the performance expectations; and comments the employee made during the conversation. An acknowledgenlent of receipt should be signed by the employee alld dated; it nlight read, "I acknowledge that a copy of this written warning was given to me on this day." 4. Demotioll An employee may be den10ted to a positioll of lesser responsibility and salary. Depending on the position, denlotion lnay or may not be available. For information about salary inlpact, refer to the Compensation policy or COlltact the Human Resources department. 5. Perfolmance Plan An elnployee whose perfornlallce is below expectations may have his/her perfolmance reviewed on a schedule determined by the supervisor and/or depaliment 11ead. The review(s) l11ay include a formalized written improvement plan, noting dates, expected results and responsibilities. Regardless of the outcomes of the perfomlance improvement plan, the employee's at-will status with the City remains the same. 6. Suspension Suspension without pay is usually llsed only after a verbal and written warning has beell given to the employee and no cllallge in performance l1as resulted. It is often the fillal step before termination. The supervisor and/or departlnent head will again cOllfer witll tile employee about the disciplinary isslle and will review all the actions, docun1entation, and expectations not addressed; the employee will be asked for other informatioll to be considered. The supervisor, department head, Human Resources and the Mayor will confer to determine appropriate action, including the duration of the suspension, and will document the entire process and conversation in memo form for the employee and the employee's persollllel file. TIle ell1ployee will be asked to acknowledge receipt of the memo. Exempt employees will not stIffer deductions from tlleir salary for suspensiolls of less tllan one workweek. 7. Termination Termination occurs when other remedies have failed to correct ullacceptable job performance and/or when an employee commits an offense so serious in the judgment of the City that terminatioll of employmel1t is appropriate. The supervisor, departmellt head, Human Resources Director and the Mayor will confer to determine when termination is reqllired. The Mayor has total discretion on employee temlinations. 125 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 8.2.1 SUBJECT: DISCIPLINARY APPEAL PURPOSE: To identify the City's process for employees to appeal decisions that involve disciplinary action (up to and includillg termination). POLICY: Employees who become su,bject to disciplinary action tllat includes suspension, demotion, disciplinary probation or termination are eligible to appeal such decisiollS as outlilled witllill the followillg procedllres. With respect to appeals decisions lllade by the Mayor shall be final. AUTHORITY & RESPONSIBILITY: The H1Iman Resources Director shall be respollsible for interpreting this policy and for initial investigations that nlay take place as a result of the appeals process. The Mayor shall be responsible for final decisions regarding any appeals process. PROCEDURES AND RELATED INFORMATION I. All disciplinary actions up to and including ternlination of employment shall be taken in accordallce with City policy as olltlined ill SOP 8.2. The supervisor shall document all relevallt facts and deternlille appropriate disciplinary action in consideration of the severity of tile offense or perfolmance problem, previous perforll1ance issues of a similar 11ature alld tIle period of tinle between occun.ences, overall work record, treatment of other elnployees under similar circulllstances, and related considerations. II. For those cases where employees feel that disciplinary action takell was improper or not COll1lnellsurate witll the circumstallces, a grievance procedure has been established to hear and consider the employee's COnCelTIS. All City regular full-time or part-time employees, exclllding appointed officials alld introductory employees, who have been demoted, suspended, placed on disciplinary probation, or terminated shall have the right to appeal certain disciplinary actions as outlined herein. III. Grievances for bargaining unit enlployees shall be governed by the provisions of the union agreement. Refer to the union contract for tile process and appeals procedure. IV. GRIEVANCE PROCEDURES The followillg procedures shall apply for disciplinary appeals. It is recommended for all stages of the appeals process that the supervisor involved utilize Human Resources for direction and gllidance. a. When all employee disagrees with disciplinary action that incllldes demotion, suspellsion, disciplinary probation, or termination, he/she will have three (3) working days franl the date of the occurrence to make an appeal to his/her immediate supervisor. The employee should first attempt to informally resolve the issue with his/l1er immediate supervisor. Whell normal communications between an employee 126 alld the supervisor are not possible or successful, the employee may proceed to the next step in the process. b. The en1ployee fillst submit his/her written appeal to the department head within ten (10) workillg days of the event leading to the appeal. The aggrieved employee shall meet with the department head withil1 three (3) working days of receipt of the written appeal to discuss the disciplinary procedure. The department head shall issue a decision to the en1ployee within five (5) working days following the meeting. Every effort shall be made by the employee and the department head to resolve the grievance at this level. If resolution is reached at this step, the grievance is considered cOlnplete and docunlentation of the resolved grievance will be filed with tIle Hlunall Resources Director. If the grievance is unresolved, the employee may proceed to the l1ext step ill the process. c. After receiving the department head's decision, the employee shall present his/her appeal in writing within five (5) working days to the Human Resources Director, who shall make careful inquiry into the facts and circumstances of the cOlllplaint, or who lllay request an investigation or intervention by an outside (nOll-City employee) third party. The Humall Resources Director, department head alld the employee will meet within five (5) working days to attelnpt to resolve the problem pronlptly and fairly. Once tIle illvestigation is complete, a written respOllse will be issued to the departlllent head and employee withill five (5) working days, and kept on file by the Human Resollrces Director. A recommendation by the Human Resources Director sllall be given to the Mayor. If the grievallce is unresolved, the employee may proceed to the final step in the process. d. The en1ployee sllall present his/her final appeal in person within ten (10) working days to the Mayor. A decisiol1 by the Mayor will be issued in writing to the employee within tell (10) working days and forwarded to tile Hllll1all Resollrces Director. The decision by the Mayor shall be final. e. Tin1e franles set fortll in this policy nlay be extended llpon l11utual consent of tile parties. V. CONFIDENTIALITY Any en1ployee who uses the appeal process will be expected to keep all matters private and c011fidential. City representatives will keep illformation concerning the issues as confidential as possible, consiste11t witll objective investigations and fair resolution of the grIevance. VI. NON-RETALIATION Retaliation against an employee for using this appeal process or anYOlle cooperating in the appeal process is prollibited. The above procedures are not a promise or COIl tract, expressed or implied, that will be followed in every instance. 127 ( August 301 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT September 31 2002 ITEM NO. 3-G REQUEST Rejection of 2002 Creek-Crossing Sewer Piper Rehabilitation Project Bids: See Attached Memo ~ Ovff~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVEr) AuG 3 0 2002 CITY OF MERIDIAN CITY CLERK OFFrcF Memo To: Brad Watson /J From: Lenard Grady~O- ~ CC: .Gary'Smith Date: 8/29/2002 Re: Proposed Agenda Items for September 3, 2002 City Council Meeting The Public Works Department respectfully requests -the following item~ be placed on the Septelllber 3 CitY CounciJ-agenda, underDepcllbllellL Reports, for Council's consideration: Reiection of 2002 Creek-Crossina Sewer Pipe Rehabilitation Project Bids. This project was bid on July 3.1. by the twobidders showtl-below: . Planned & Engineered C-onstruction, 1ne Jnsitufonn Technologies, Inc $323,650~OO $358,515.00 . Both-of these bids were considerablyhigherthan-the budgeted amount .of $70,000. With the current budget year nearing completion, it is recommended that this work be postponed until the next budget year after consideration of the transfer of additional funds can be made. Both bidders have been contacted and are amenable to re-biddinQ the project. Recommended Council Action: The Public -Works OeI>artmcm1; -~Ofl1meods that City Council reject aU .bids lor__ the 2002~Cleek-Crossing...Sewer Pipe :Rehabilitation Project,. which ~d ~11 July 3~ . ~P02, .a.s.all bids wer.e.~over budget. From the dec?k of: . . Thank you for your consideration. Please contact me if you have any questions regarding any of these items. Lmard Grady Staff~ Meridian Public.W-oiks Department 660 E. \y atertowfr, Suite.200 Meridian, rdaDo 83"64Te (208) 898-5500 Fax: (208) 887-1297 gradyl@ci.meridianidus . Page 1 ( ( ~\O~ COUNTY RECORDER rt;v ). ?:~X1R. f~!~YrWW \}V'l) 2002 SP J J P {'i 2: I 3 Mf;RJDIAN {;jTY CITY OF MERIDIAN ORDINANCE NO. 02- 114-- AN ORDINANCE FINDING THAT CERTAIN LAND OWNED BY JERALD S. FRANK LOCATED AT 2310 SOUTH LOCUST GROVE ROAD AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER JERALD S. FRANK HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A P ART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacellt to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property, to-wit: A parcel located ill the SW 1;4 of the NW 1;4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada COU11ty, Idaho, more pa11icularly described as follows: Commencing at the southwesterly comer of said SW ~ of the NW 1;4; ANNEXATION AND ZONING ORDINANCE (AZ-02-012) - 1 ( Thence NORTH along the westerly boundary of said SW 14 of the NW ~ a distance of 191.74 feet to a point on the centerline of Locust Grove Road and the POINT OF BEGINNING; Thence continuing NORTH along said centerline and westerly boundary a distance of 161.76 feet to a point; Thence leaving said centerline and westerly boundary N 89020'00" E a distance of 568.00 feet to a point; Thence SOUTH a distance of 161.76 feet to a point; Thence S 89020'00" W a distance of 568.00 feet to the POINT OF BEGINNING. This parcel contains 2.11 acres. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada COllnty, Idaho. SECTION 3: That tile real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R-4). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as tIle official zoning nlaps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridiall sllall, within ten (10) ANNEXATION AND ZONING ORDINANCE (AZ-02-012) - 2 days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code 963-2215 and 950-223. -?rcL PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this d - day of SefJl-~n-~ , 2002. , APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 3P:b day of sefJ ~I:uv , 2002. , ATTEST: ~~!~/.9. \ ~~ SEAL,cf J FIrst Readmg. 9 3 0 2-. \ "0 .<~/1S\' .:f .f Adopted after first readmg by susp;~~ ~ allowed pursuant to Idaho Code 50- 902 Yes: K /11~~I;/.~"l)Nm;~..'\\\\\'\\. . ' -~I,.q.~':.~ ~~~\li-p Second ReadIng: Third Reading: ANNEXATION AND ZONING ORDINANCE (AZ-02-012) - 3 STATE OF IDAHO,) : ss. County of Ada. ) On this ~(o\ day of ~ I~ NV\ \r.xJ\ , 2002, before me, the undersigned, a Notary Public in and for said State, personally appear~ERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ......". ..+ 9J.'L~~.. .~OT~t,~. :"-'/ ~ " ~ . . \ . (SEAL) : \ : : . , , c . \ " lit . ' _btr_~C' · . d'~,:. u.f:B,.,l....~~O.. ... ~.if,.;,--".rl-\~. ....(.uOF~.. ........ ~h~(~~~ ) NOTARY~UBLI~fORIDAHO RESIDING AT: M.rx CnlJ.-rvL~ Jd.&~ MY COMMISSION EXPIRES: J-f-1-~d5 z:\ Work\M\Meridian\Meridian 15360M\Frank Jerald AZ02-0 12\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-02-012) - 4 .- .."+-~/ " i / L---~- :~::~~;:~~!r~::~=-~t-~ ~ -~...;:~~:::.~~\.._~.>--". :'L;=~r::/-- j ~ ~i.----- ,.-' r :i \ /-.-\----/1\~\( p\.. ~ ;~-~_-H--_-_--~~ \r".- j S ~R~ ...., ~.. l! '(J) _<_,- ,~.- ~ i! ,.....,.~. -,.-' l"V , L !,!, \.J u.. '~ !I-~~___~-~~<( ~; i}-+-~-'-'-----'~-" '-, CL I H .~ iJ / . I i! (f) :.-c___-<~ ~---~-:k---J I i~--.M------111. ~ 1,1, ~=:_j_~_~~,//""-'--"--'-'--,-,-jl!i t~, ~ ' ~ - o~,/----- m to II 0:: I, ! , ~ II ~ Ii i----\ J~,!,/:',: I,; ;! 0 !l ~ q 0 H ~! ~i ; i ~---.---.i ~ Ii, I i , . ',! i : i i i i 'j ~- ----- -~~ ~- -----.. C~_=-~..___ _~.~~~_l ~~<-_ _~_~___1~_____~_____ I ! . : I f I ! , ,(9 I ", , ; I , . i ! ! i Ii! i LL~ : \ i I ! i i j ! i L l____.L__......J.____/Qz i J.----l.._............L___. <----L---.........l....----------L.......3AV3>1V3-dVS3H3 S I- 2__----1 '//'ld SOldVH A8n~ S ZC) 1 ; Ow \. .t Q..fD i ;/\ , ~__l-------u.._, ,~"...... 4 r'-~ ---- /'. i 1 \ j \ ! j i a: :_----t__, '... )//>-l.........<-----~\ ~ I ! \, / \ I z 1 \ / l-~__._il 0 !------1 ------\. i N i ~~ \ f r~ ; ,/()', --- \ J j I I- 1 ~ &+-- ....<. /.~"'" t",-'-~ /' U) ~-~---'1 t 0/ \ ,/ k....$>~ .' ! i I '<>'b,...' I ------ ", : ~ : I \, - <;y 1 \~-- .,/ S\-;./ ~ j 1 ..r'... IY~ >1. ! :..J......._~r..................~----....-l i a::! o ~_._--<~~.~i Q:: z! ! 0 <( ) ~~~~~~.~--'_._-,.~fn ~f , /0:: 0:: j~~~~-~-: t <( Wi ; IOJ m t ;___~_______~_; o ! ; I tl1 c 1~_~~__, 0:: w j i l :r: : ;--~--())-l I- i~~~______j 0 1 w , .....J j j - i --~---" ~ ~ ~I 8 ~~ z Z~N -Z C") <{51 ~~ 0:: Ow w 0:: ti 0 ~ WLU:C wu. I- ~ ~C3 00 0 0- I- - Z...,j N LLa:Z ~~ c: OLU~ 0 rC n ~~ffi -w Q) - ui~ 0-, (f) a:: 00 0 ~ o , CI) >= m z ~ 0:::: o ~ ~ t- (/) ~ () f- W ::> -I co ill I- en z 10 11- lL 0:: I G w /," ~-~~........-/.- ~ z ~ ~ ~ co g ai i I i ...............~ ..............................~...~~~~ ~_........+..............-.,................~~....................~ z o ----~ --+-----, o ! CD => en ?\ ~ _ ,....r ..,<.' ..J..;/...- : ./<F+~-> i .~' ~ /" L........-.- ~ t l . i ; i .~" ,,~ ;:.~>~:'/ .- " I :>:>/i .. U \3A.R W'f .__~~-_c, ---~-_..~--. , f_~.~!"!.~l------ \--_.... y--\ ..., l. ._-t, , _:\-:;~~~~:~=:'~_-i~:~~~~~~;;~~~-~-;---'- ~,' ~ ..-.//..... .._~..~ ---~.~ + /" _r _- i /. i j 1.----z' UJ -----------.--1 ~ ",J tp 00 t~ ~ m to co Z r-~~r_______--'~-~~~., ! ! ' / j ([j ~J o ~ L- I- (IJ ~ () ctJ I- (/J ~ ( CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 02- tf74 , passed by the City Council ofthe City of Meridian, on the B~ day of Jo/;'t-r , 2002, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. ~""I\,'H ttfH, 11/ ,'(\'\'" lA:J:"" ~ 'I, ",,,,...J Or .~/'Lfl/// ,.....' ~, ~-4 "" ~ a aO(\b~ -J~ ~/ ~ ...CJOl'" -~ l.1 ~ ~ S ~ 0 ~ - ~ ~ .- SEAL ~ 7~ ~ ~ QUS " STATEOFIDAH~~ r1.~:" '0 //1 OOJ t" . ,,>' \ \,"'" J.; / f S . . - > t \ \ \ ) I;. .,.,,\\ J ~ On this 1z,;(i day of . ~ 1\ , in the year 'LCf.J2- , before me, ~1rvA..-COYt Srv~~ k---> - , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk, respectively, of the City of Meridian, Idaho that executed the said instrument, alld acknowledged to me that he executed the same on behalf of the City of Meridian. .....0. ~...O...N_~A~1. · ,...... T A ;:.~..r ~. ~. ,'~O -~';"'r~~. -CO, ~ \~. . , , 0. m ' I g . ' J a tI \ : · . \ I · .. \ , " '\ _br~"lC' lit $. d'~",,:' fJJj)..l~,~~O.. · ..,..~~-_.. <tO~. ..~~zsOP~.. ....... County of Ada, (SEAL) ~cJL~-L N otary. P~b lie for, Idaho 1 ( ~ CommIssIOn ExpIres: ',l9::,.-c;t; Z:\ Work\M\Meridian\Meridian I 5360M\Frank Jerald AZ02-0 12\CertificattonOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-02-012 August 30, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Approve Bills September 3, 2002 ITEM NO. $-1( AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS ~~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. S~~/lAJV\bU 3 l )OO?--- C(u Item Packet Pickup . ( ** TX CONFIR~+ ~uN REPORT ** ( AS OF SEP 04 '02'-. .12 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 23 09/04 10:58 3810160 24 09/04 10:59 PUBLIC WORKS 25 09/04 11:02 2088881193 26 09/04 11:03 8841159 28 09/04 11:06 2088840744 29 09/04 11:07 2088467366 31 09/04 11:10 208 898 5501 32 09/04 11:11 LIBRARY MODE MIN/SEC PGS CMDtt STATUS EC--S 01' 08" 002 046 OK UF--S 00'31" 002 046 OK EC--S 00'42" 002 046 OK EC--S 00'42" 002 046 OK EC--S 00'42" 002 046 OK EC--S 00'42" 002 046 OK EC--S 00'42" 002 046 OK EC--S 00'54" 002 046 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 3, 2002, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd --L Bill Nary ~ Cherie McCandless ~ Keith Bird -X--- Mayor Robert Corrie 2. Adoption of the Agenda: ~ vu-' 3.. Consent Agenda: A. Approve minutes of August 20, 2002 City Council Regular Meeting: ~V2(,... B. Findings of Fact and Conclusions of Law for Approval: MJ 02- 006 Request for an Amendment to the Area of Impact by Capital Development (Bristol Heiahts) - southeast corner of Chinden Boulevard and North Locust Grove Road: ~V'c-- C. Rndings of Fact and Conclusions of law for Denial: CUP 02- 013 Request for a Conditional Use Permit for four 4-plex units on 1.08 acres in an L-O zone on lots 4 and 5) Block 2 of Scottsdale Subdivision by C.W. Construction, Inc. - West Alden Drive, at the southwest comer of West Franklin Road and SW 71.h Avenue: t2lrll'<- D. Findings of Fact and Conclusions of Law for Denlal= VAR 02- 010 Request for a Variance from the minimum lot frontage requirement for Lot 1 Block 3 of Bear Creek Subdivision by Bear Creek LlC - Lot 1 Block 3,714 West Calderwood Street: &:'ffY'P~ E. Resolution No. If 2. - 3 ~ 6 : Approving Consent to Annexation Agreement, Robert and Christy Haddock: ~o ~ F. Resolution No.. tJZ - 3 e 7 Adopting Human Resources Standard Operating Policy and Procedure Manual: t:t.ffTov..(.., G. Rejection of 2002 Creek..Crossing Sewer Pipe Rehabilitation Project Bids: ~f/r ~ Mctidi:1n City Council Ag-enc:Jn - Scptc:1nbCT 3, 2002 ~8o 1 of2 All nu1c:rials pl'6$tUtOd a1 public mootinss shall beoome propc:rty of the City of Men dian. Anyone: desiring: accommodation for ~$abilitits rdltled to doaunents and/or hearing: please' coDt&ct the Cny CleriC:j: Office: 41888-4433 at Jeast 48 houn prior 10 the public meeting. ( ( fJL~f\Se-' post: ftr 1J~~G ILoh~-1izc(/Y{j;-g! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 3, 2002, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of August 20, 2002 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Approval: M102- 006 Request for an Amendment to the Area of Impact by Capital Development (Bristol Heiahts) - southeast corner of Chinden Boulevard and North Locust Grove Road: C. Findings of Fact and Conclusions of Law for Denial: CUP 02- 013 Request for a Conditional Use Permit for four 4-plex units on 1.08 acres in an L-Q zone on Lots 4 and 5, Block 2 of Scottsdale Subdivision by C.W. Construction, Inc. - West Alden DriveJ at the southwest comer of West Franklin Road and SW 7th Avenue: D. Findings of Fact and Conclusions of Law for Denial: VAR 02- 010 Request for a Variance from the minimum lot frontage requirement for Lot 1 Block 3 of Bear Creek Subdivision by Bear Greek LLC - Lot 1 Block 3J 714 West Calderwood Street: E. Resolution No. : Approving Consent to Annexation Agreement, Robert and Christy Haddock: F. Resolution No. Adopting Human Resources Standard Operating Policy and Procedure Manual: G. Rejection of 2002 Creek-Crossing Sewer Pipe Rehabilitation Project Bids: Meridian City Council Agenda - September 3, 2002 Page 1 of2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Approve Bills: 4. Department Reports: 5. (Item~ Moved from Consent Agenda) 6. Ordinance No. AZ 02-012 Request for annexation and zoning of 2.02 acres from RUT to R-4 zones by Jerald S. Frank - 231 0 South Locust Grove Road: 7. Public Hearing: CUP 02-020 Request for a .Conditional Use Permit for a professional beauty salon in an R.-15 zone for The Desianing Team Salon by the Designing Team Inc. - 1226 East 2 % Street: 8. Public Hearing: V AR 02-011 Request for a Variance to the parking ordinances and Landscape Ordinance for The Desianina Team Salon by the Designing T earn, Inc. - 1226 East 2 % Street: 9. Public Hearing: VAR 02-012 Request for a Variance to the Landscape Ordinance to anow conifers in the landscape buffer at Harks Comer by Van Heas Properties, LLC - southwest corner of South Linder Road and West Franklin Road: 10. Public Hearing: VAR 02-013 Request for a Variance for a second time extension on the Preliminary Plat approval for Olsen Bush Subdivision No. 2 by R2 Development - west. of North Eagle Road, north of East Franklin Road: . 11. Public Hearing: MI 02-007 Request for a pprov.a I of a 24 foot wide private road for the landlocked Marcon parcel by Elaine Martin - northwest corner of North Linder Road and West Franklin Road: Meridian City Council Agenda - September 3, 2002 Page 2 of2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. ** TX CONFIRMATION REPORT ** AS OF AUG 30 '02 16:43 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 06 08/30 16:03 3810160 G3--S 01 ' 21" 002 018 OK 07 08/30 16:05 PUBLIC WORKS UF--S 00'28" 002 018 OK 08 08/30 16:06 2088881193 EC--S 00'38" 002 018 OK 09 08/30 16:07 8841159 EC--S 00'39" 002 018 OK 10 08/30 16:08 2088840744 EC--S 00'39" 002 018 OK 11 08/30 16:10 2088467366 EC--S 00'40" 002 018 OK 12 08/30 16:11 208 898 5501 EC--S 00'38" 002 018 OK 13 08/30 16:12 LIBRARY EC--S 00'49" 002 018 OK 14 08/30 16:13 2083776449 EC--S 00'39" 002 018 OK 15 08/30 16:14 208 388 6924 EC--S 00'48" 002 018 OK 16 08/30 16:16 2088886854 EC--S 00'38" 002 018 OK 17 08/30 16:17 2083757154 EC--S 00'39" 002 018 OK 18 08/30 16:18 8950390 EC--S 00'39" 002 018 OK 19 08/30 16:20 208 387 6393 EC--S 00'39" 002 018 OK 20 08/30 16:22 ADA CTY DEUELMT G3--S 01'14" 002 018 OK 21 08/30 16:23 CHERIE MCCANDLES EC--S 00'48" 002 018 OK 22 08/30 16:25 CHERRY LANE EC--S 00'49" 002 018 OK 23 08/30 16:26 POST OFFICE EC--S 01'03" 002 018 OK 24 08/30 16:28 208 888 1983 G3--S 00'54" 002 018 OK 25 08/30 16:29 ID PRESS TRIBUNE EC--S 00'39" 002 018 OK 26 08/30 16:30 208 888 6700 EC--S 00' 38" 002 018 OK 28 08/30 16:43 CHAMBER-COMMERCE ----5 00'00" 000 018 BUSY THIS DOCUMENT IS STILL IN MEMORY ~~~-------~~~~~~-----~~~-----~~~~----~~~----~~~----~~~-----~~~~----~~~~---~~~------~~----~~- '?11c~e.. rosi f;r p~&.G !Zbh~ - --Z:~tg ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 3, 2002, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of August 20, 2002 City Council Regular Meeting: ( b CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 3, 2002 at 6:30 p.m. City Council Chambers 1. RolI-.call Attendance: x X Tammy de Weerd X- Bill Nary Cherie McCandless )( Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: ~v\.e- 3. Request for Relief From O~tstanding Water Bill from Mud Volleyball Tournament by the Epilepsy Foundation of Idaho: c:tLAY J-e~ue4& 4. Carol Subdivision Sewer and Water ~ Brad Watson: dlJ-CVi~J O"h..-. q-ICl-tJ Z pre..- C"'c9hn ~ 5. Discussion of Proposed Dunbar Estates Subdivision and Possible Area of Impact Change: !J.o -#vt.otL~1L fJrc; ces'$ 6. Executive Sessi?" per Idaho Code ~67-2345(1)(b): It CJ de Cr S I ,,<r;-...) Meridian city Council Agenda - September 3, 2002 Pre..counciI Meeting Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( November 8, 2002 MERIDIAN CITY COUNCIL MEETING November 12, 2002 APPLICANT ITEM NO. REQUEST Approve minutes of September 3,2002 Pre-Council Meeting: ~-Jt AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS /Jnrro(f:J Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 3, 2002 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve 3. Request for Relief From Outstanding Water Bill from Mud Volleyball Tournament by the Epilepsy Foundation of Idaho: Deny Request 4. Carol Subdivision Sewer and Water - Brad Watson: Discuss on September 10, 2002 Pre-Council 5. Discussion of Proposed Dunbar Estates Subdivision and Possible Area of Impact Change: Go through process 6. Executive Session per Idaho Code ~67 -2345( 1 )(b): No decision Meridian City Council Agenda - September 3, 2002 Pre-Council Meeting Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-44-33 at least 48 hours prior to the public meeting. ( Meridian City Pre-Council Meetina September 3. 2002 The Pre-Council Meeting of the Meridian City Council was called to order at 6:00 P.M. on Tuesday, September 3,2002, by Mayor Robert Corrie. Members Present: Robert Corrie, Cherie McCandless, Bill Nary, Tammy de Weerd, and Keith Bird. Others Present: Bill Nichols, Brad Watson, Ken Bowers, Mike Worley, Pauline Skeggs, Will Berg, Gary Smith and Brad Hawkins-Clark. Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: Tuesday September third at 6:00. Roll-Call attendance please. Item 2. Adoption of the Agenda: Corrie: First point on the Pre-Council is the adoption of the agenda. Council we have five items on the Pre-Council agenda tonight, any additions or corrections? Bird: Mr. Mayor. Corrie: Mr. Bird Bird: I move that we approve the agenda as noted. Nary: Second. Corrie: Motion been moved and second to approve the agenda as noted, any further discussion? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I would like to see that we add somewhere at discussion if there would be time on the legal services RFP, discussion of the review committee. Nary: Mr. Mayor. Corrie: Mr. Nary. / ( Meridian City Pre-Council Meetih8 September 3,2002 2 of 12 Nary: I think that's an issue that we probably do need to - again its kind of time permitting either this week or next week - to talk about how after we receive the proposed bids for legal services for criminal and civil how we are going to put a group together to help make a recommendation. It probably would be a good - again its sort of time permitting on this one, if we can't get to it this week we should definitely do it next week. We can kind of get that process moving. Corrie: Okay we will tentatively put it on as item number 6 or 5-8. If we get to that, we will review it or we will do it then next week. Any other additions, corrections, or relations? Okay, all those in favors say aye. Opposed no. MOTION CARRIED: ALL AYES. Item 3. Request for Relief From Outstanding Water Bill from Mud Volleyball Tournament by the Epilepsy Foundation of Idaho: Corrie: Number 3 is a request for relief from an outstanding water bill from mud volleyball tournament by the Epilepsy Foundation of Idaho. Is Mr. Harding here? Mr. Harding. Harting: Mr. Mayor, Council Members. I appreciate you taking the time to have me back. At one of the previous Council Meetings prior to our mud volleyball tournament, I came to you all with a request to get donated water for our mud volleyball tournament and we had a proposed amount of about a million gallons of water. Which working with Mr. Smith was going to be about 1,200 dollars. We held the tournament on July 27th and we used about a half million gallons of water. It's substantially less than what we had projected and we got a bill for 422.82 dollars. We were told to come back to the Council and ask for relief from that bill so you all would have a chance to put together a policy regarding donating city goods and services. I'm here to ask for relief hoping you all have that policy in place. Corrie: Okay, as I recall we haven't got a policy in place. We discussed it. Council do you want to -- Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I think Mr. Harting, I agree that is exactly what we have talked about at the previous meeting was that we would consider that. I think in regards to other issues we have looked at that and had our attorney assisted as well with the Public Works director in sort of looking at what the law allows us to do and I think the problem we ran into was I don't think that we have the ability or the authority to donate City services for anything. I don't know that we really have the ability to do that. I think we certainly have, we probably always have the ability not to ( Meridian City Pre-Council Meetlny September 3, 2002 3 of 12 seek collection of a debt, but I don't think we really have a policy or a practice that were at least of any a consensus agreement and in trying to do that in any fair or equitable way for anybody. I guess I don't know that we have any policy in place. The only discussion we've had about this issue was that we don't really have the legal authority to donate the city services to anybody and that we don't really have any consensus that we are willing to simply just forgive debts that are owed to the city without some other reason beyond just good will. I think that's the only real reason that we would be forgiving this debt owed by the Epilepsy Foundation is some sort of good will gesture. I don't think we really feel comfortable in doing that, or at least I haven't felt very comfortable, I guess I'm not speaking for the rest of the Council and the Mayor. Harting: With all do respect, I don't believe we are asking this just out of good will. I think what we do for the City of Meridian and Ada County is provide a quality of service that's not available anywhere else in the State. We benefit your schools, we benefit your teachers, we benefit your nurses, and we benefit your students and your parents. We do that by raising dollars to provide those services. I don't think we are doing that just as a feel good for the city, we are doing that in term provide something for the city. In terms of the policy I'm not sure how that works in terms of the legalities of it. I don't now if there is something that can be done, a similar arrangement that was worked out with the Boys and Girls Club with the Police Station. I don't know how that is real different than what we are talking about here and your ability to do that when a community organization gives back to your city. I would have a strong disagreement that this is just a good will issue. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Again and Mr. Harting I'm not saying the Epilepsy Foundation doesn't do something good, but it's a general good and there's nothing wrong with that. It is different then renting a building to a non-profit organization. It is different then leasing property for a public purpose like that. This is different, this is money owed to the users of this water system. All the water system users pay for the use of the system, we would simply really just be forgiving a debt that is owed. Now there are other reasons that we do that and those generally are accounting reasons, those are for other reasons, uncollectable debt. Things like that I'm sure you would recognize. Here at least from my perspective I don't know that we can simply just do that. That we can do it just cause because everyone else, there are a lot of people out there that do a lot of great things just like the Epilepsy Foundation does they all have the same reason. That is the problem in trying to create something that's fair to all the groups that we just as a group haven't come up with anything that we felt comfortable with collectively to give everybody the same ability to make the same request. We can deal with it individually, like this and I guess like I said we haven't come up with anything that ( Meridian City Pre-Council Meetih~ September 3,2002 4 of 12 we felt comfortable as a group to say these are the situations that we can apply this type of rationale to forgive these kinds of debts that are owed to the city and to the water users. Corrie: Pat I think Mr. Nary is right. A building can be leased for whatever the charge, in other words if you. Where did you do this, was it leased land or was it? . Harting: It was on donated land. A landowner let us use it. Corrie: Okay, you mentioned Boys and Girls Club. We do charge them a yearly fee for that old building that they use and they have to remodel it to be able to have a Boys and Girls Club which is somewhere in the 2 to 300,000 dollars. They have to pay electricity and they have to pay the water and garbage. We don't give it to them. Much like Mr. Nary where do we say our citizens that have to pay twice or do they not? Their money is in our hands and we have to use it wisely but what if somebody that says we don't want to use it that way, we want to give it to the Red Cross. How much do we take back and give to the Red Cross or to those others or can we do that? I don't think that we can and it's going to be very difficult, so my feeling as much as Mr. Nary, the Epilepsy Foundation is indeed great. But so are these others and they have to pay whatever they use to the city because we don't give it back. That's kind of the way I feel too and how do we do that, I don't know the mechanism. Somebody says okay your using, what is it 422 dollars of my tax money. We'll that's three cents to me. I can take my three cents and not give it to them but give it to another one. I don't know how we would do that. Harting: If I may the only thing I would say and I certainly appreciate and lord knows I hope my City Council is doing the same thing with my tax dollars. I guess what my one comment is, is that what we bring to this city. What we actually provide to the city we do so at no charge. We do the work with the school system at no charge to your teachers or your school district. We do work with your citizens with no charge, we provide a great deal of service and we serve hundreds of people through this area on both professional education and on individual service delivery where there is no charge for those services. You know we are in a position where if we go out and we pay, if we bill for all the services we provide I can guarantee the City of Meridian would have paid as many times over but we actually go out and do that at no charge, that's part of our mission. I understand the quandary that you all are in, but please realize that what we are doing, we are not doing this for feel good we are not doing this cheap because its not of any value. We are doing it because it's important for your children and your teachers and your nurses and your families have access to these services and we don't charge. We will go out to anyone of your schools at anytime and provide a training that we could bill 125 dollars an hour for but we don't charge a dime. That's where I see the biggest difference is I don't believe your giving something for nothing. I believe we have provided an enormous (- Meridian City Pre-Council Meetfny September 3, 2002 5 of 12 dollar service to your city at no charge. I'm not looking for something for nothing. I believe that we more then make up for this dollar figure that you consider donating in the services that we provide to your city. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I agree you guys do a great deal for the whole community. In the same token we have a lot of non-profit organizations that run deals. I can name you one right now that spends 50 to 60,000 a year in the City of Meridian alone. In all the time they were raising their money at a certain location they paid water and sewer just like everybody else did, a non-profit organization. There is numerous of them out there. I don't like to play with the taxpayer's dollars. They've got a right to expect usage of water, sewer the same as they have to payout of somebody else. I agree with the Mayor and Mr. Nary. I might be able to help you get that paid by somebody but I don't think the city should donate it. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I think Keith kind of some summarized a lot of my sentiments. This is something we really struggle with because we know that there are many charitable and non-profit organizations out there. We are sympathetic and want to support all of them, we were just trying to find a way that we could create a policy that would be fair and equitable to everyone and without placing the burden on the shoulders of our ratepayers and that was impossible to find. It was impossible to find a policy that across the board we could fairly say yes to one and no to another and we couldn't find it. It was impossible to find and there are hundreds of wonderful worth while non-profit organizations out there that fortunately do not charge money, that is how they get their 50123 status is providing that service through charitable contributions from the private citizen and corporations that allow those services to filter into our communities to serve the community, and we rely on you. Our community relies on you and relies on those statuses just like the organization that Mr. Bird has referenced and many of us are involved with. We just could not find a policy that could support a philosophy that would not place a burden on our rate payers, and essentially that was what we were tasked to do and that's what we asked staff maybe to be able to come up with and we could just not find something that we could share equably out there. As much as each one of us would of liked to, we just couldn't find that fine line. Harting: Given the number that said they couldn't find it, I guess it's a (inaudible) point at this point. Councilman Bird I would certainly take you up on that opportunity to find somebody to help pay for it. ( Meridian City Pre-Council Meetifly September 3,2002 6 of 12 Bird: What's your phone number? Harting: It's 344-4340. Bird: I think I can find somebody. Corrie: Do you get money from the United Way? Harting: We do. We actually were a two year funded program. With the reduction in United Way dollars given last year we took a 15,000 dollar cut just in the beginning of the year over what we were designated to get because of the lack of funding. So, 422 dollars may not seem like a lot but boy for us it's a lot of money. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: It's a pretty small consolation I understand Mr. Harting. You know the difference would be is if we were renting you some city property to use. We would have the flexibility to decide what's appropriate for a non-profit versus for a for profit organization, like a lease property. Here we're selling a commodity as the municipal government, we sell the commodity of the water. It's supported by the users of the water system and it's different when you're selling it. There is some issues in the Idaho Law on how much we can actually really consider in just giving it away. That's essentially what you're asking us to do is give it away and I just don't think we have the legal authority to do that. Harting: That's okay I do understand the Council's position. I appreciate the opportunity to come ask and like I said Councilman Bird, I'm not shy about asking. The worst you can do is tell me no. De Weerd: Hey I appreciate that. If I had any attachments I'd offer you that too but mine are just in the same position yours is. (Inaudible) Bird: I think we can take care of it. Harting: I appreciate it, thank you all very much. Bird: I'll let you know tomorrow. Harting: Thank you. Item 4. Carol Subdivision Sewer and Water - Brad Watson: Corrie: Okay, Carol Subdivision and Water. Brad Watson. ( Meridian City Pre-Council Meetlr,y September 3, 2002 7 of 12 Watson: Thank you Mayor. I'm just going to pass something out real quick that I finally got done. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I thought we were going to have this next week? Corrie: Have what? Nary: This discussion, so we would have time to read this. Or did I just write it down wrong? De Weerd: You wrote it down wrong. Watson: Mayor and Council Members. For the second week in a row I apologize I got this done just today. We have been reviewing and brainstorming trying to think up some different scenarios on these residents at Carol Sub. The first two pages outline four annexation and connection scenarios, they range from the most restrictive at Number 1 all the way down to Number 4, which is the least restrictive. In addition to outlining these four options and because time is an issue with me and getting the plans out to bid. The third and fourth pages are a questionnaire that we propose to hand out to the residents when we go out to locate their water and sewer services. I think maybe that will take some of the time issue out of deciding this tonight. That way you can have some time to read this over and think about it. In interim I will have somebody from our office out contacting the property owners over the next couple weeks and hand out this questionnaire, if it looks all right. The one thing I would like tonight is if either now or if you want to send me an email sometime in the next couple days on this questionnaire if there's anything you would like to see added, deleted, changed or otherwise I can incorporate that. I think if I send the guys out there and they hand this to the property owner that may. I don't know if it will relieve their fears or not but at least we don't have to have all the answers at that time. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Brad I appreciate the options you've provide us and yeah maybe Mr. Nary was visionary in the fact that this probably should now be scheduled next week so we all have a chance to consider it and ask any further questions. Email you those so we can have a good discussion on it next week. I would like to give this some more thought and perhaps do that next week then. Watson: Okay. ( Meridian City Pre-Council MeetlrlY September 3,2002 8 of 12 Bird: I would agree to that. Watson: Mr. Mayor Corrie: Yes Brad. Watson: If I could just respectfully ask I guess, if the questionnaire if you have any comments if perhaps by the end of this week I could have those. I really need to send people out next week. I'd really appreciate that. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I know we don't need to make any formal motions in pre-council but I think that Brad we can take these provide any feed back this next week and make a decision next week, I don't think that's unreasonable. Corrie: (Inaudible) this is a public hearing, I mean the public is invited but under the circumstances I think we could do that the 10th. Does that seem reasonable to everyone. Bird: It seems reasonable but at the same token Brad wants to start with the questionnaire. He wants to get out the first of next week and start doing that. Isn't it next week you want to start? Getting that questionnaire out to the landowners. Watson: Council member Bird, Mayor and Council. That would be great if I could but if you would feel more comfortable I can wait till next Wednesday morning. Bird: Okay we can do it the 10th then. Corrie: You're going to do it Wednesday the fourth then? The questionnaire? What I would really like to see if you had enough time to get the questionnaires out and get them back and then we could have the pre-council at that time. Would the 17th be more time for you to put everything together? Watson: Mr. Mayor actually if we want to have a discussion with the results of this questionnaire it would probably be the 24th by the time I had anything meaningful or any meaningful number of them back. Corrie: It is up to Council on what they want to discuss. Bird: Mr. Mayor. ( Meridian City Pre-Council Meetihy September 3,2002 9 of 12 Corrie: Mr. Bird. Bird: Brad as I understand it. Maybe I'm off base but you would like this questionnaire that you want to go out to the homeowners with, kind of approved by this week so you can start next week. Am I misunderstanding? Watson: Councilman Bird. No you aren't misunderstanding. The questionnaire if you think it is a worthwhile enterprise to maybe gather some opinions out there then I would like to have it available next week. The decision on what we are actually going to do with all the residents out there, I think we with the questionnaire we could put that off a little ways. Bird: But you are right now wanting tonight wanting to know if this questionnaire looks okay to us so you can proceed next week with this. Watson: Councilman Bird not necessarily tonight but over the next week if there were any comments that I - De Weerd: If you have any issues. Bird: That's what I mean but he needs it by next week so he can get started. As I understand. Corrie: So we can give you the tenth and tell you to go ahead with it with any suggestions we have and then come back for discussion on the 24th. Watson: We can do it that way. Yes. Corrie: Sound better? Watson: That will work. Corrie: Council? Bird: That's good for me. Watson: Mr. Mayor if I may. Just an update on the project it goes out to bid or will open bid September 26th. With an estimated construction start date the first week of November. Corrie: Well that sounds reasonable then. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. ( Meridian City Pre-Council Meetiny September 3,2002 1 0 of 12 De Weerd: I have a question here. We have two separate issues here right? You have a questionnaire and you have a question as to looking at the different scenarios as to annexation and or providing service. Those are the two different -- and what I'm suggesting is that we have time to look at these provide you feedback on both of those issues next week. As you get these questionnaires out to the residents, which will ultimately, I would imagine, you will get phone calls. You will be able to provide them a sense of the direction that the city is leaning without committing until we get the results of the survey back. Is that? Watson: Council member De Weerd. I think that yeah you are following me and you've actually gone one step beyond. Yes I think that's appropriate. Two separate things. The questionnaire is just a toll in order to make the decision on the second issue. Which is the policy on hookups. De Weerd: Thank you. Watson: Thank you. De W eerd: Both conversations on the 10th. Corrie: And then come back on the 24th. De Weerd: Then come back after the survey and -- Corrie: -- exactly what I think we said but not as clear. This is going to be placed on the pre-council November the 10th for the approval of the survey and also how we feel. McCandless: September 10th not November 10th. (I naudible discussion amongst Council Members) Corrie: Okay. Item 5. Discussion of Proposed Dunbar Estates Subdivision and Possible Area of Impact Change: Corrie: Discussion of proposed Dunbar Estates Subdivision and possible area of impact change. Looks like that's just about going to take us up to 6:30 for the executive session. Any ideas on what you want to do on that letter from Gary and also on the letter from the developer? Nary: Mr. Mayor. Corrie: Mr. Nary. ( Meridian City Pre-Council Meeting September 3,2002 11 of 12 Nary: I know these area of impact changes have been batted around a couple three different formats so far that we've had discussions about but it appears to me that Mr. Groves or Mr. Pavelek needs to file an application. Seems like the process that we've all gotten comfortable with is file an application, have your hearing before the Planning and Zoning Commission they'll forward a recommendation. We have a hearing here and decide one way or the other. This ones kind of interesting only because I - I guess the size of it the area, the location there is some interesting issues both ways on whether to leave it the way it is or allow it to go to Boise. I think we should just let the process run its course. Just let it move out through that sort of third process we ended up with eventually (inaudible). That seemed to make the most sense to me is just let it go through the process and we'll have a hearing and make a decision. Corrie: Any other discussion? De Weerd: No. Corrie: Okay and that's what we will do and have them do that Gary. They can make the procedure the way they should. Okay. De Weerd: Mr. Mayor I move that we go into executive session per Idaho Code 67-2345 (1 )(b). Nary: Second. Corrie: Motion made and second to go into Executive Session. Mr. Berg roll-call vote please. Roll-Call vote: De Weerd, aye; Nary, aye; McCandless, aye; Bird, aye. All ayes. MOTION CARRIED: ALL AYES (Return) Corrie: Okay. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I move we leave Executive Session. Bird: Second. Corrie: Any further discussion? All those in favor say aye. ( \ Meridian City Pre-Council Meetirlg September 3,2002 12 of 12 MOTION CARRIED: ALL AYES. Corrie: No major decisions were made in the Executive Session. Now I will move to adjourn this. Nary: So moved. Bird: Second. Corrie: First made motion to adjourn the Pre-Council Meeting all those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:20 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: 1/ //i-/tJ2- DATE ATTESTED: -.. .... ..... (' MERIDIAN CITY COUNCIL MEETING: PIt -COt1/)~;c /JvkJ {/ q--3--tl~ APPLICANT: _ j? a;t- II CvL-h h9 / AGENDA ITEM NUMBER: 3 REQUE~T: /?e~J-I- .In- i2e~ ~ 62t/vfJ~5J jU~~ ~ rfr-~ ~ i/~6t7v?0 ~;; ~- e~;o'j ~ df-- Jctt'&;io AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: t't cJr11 MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: EPILEPSY FOUNDATION IDAHO Honorary Chalrperaon Velma Morrison Board of Dlreetorl Robert Derr President Rex Loft Phorm. D. PrGsfdent-E~ct Sharon L Durham, J.D. Vice Preskjent MeUsso Barrett Secretary K. Eugene Thurston, CPA Treasurer Leslie Arnold. M.D. Merle Buckland, M.Coun. Mike Cunningham Murlhu Gllgen Gary Gould Yvonne Llerz Bill Mogensen Lindo Monroe, R. f:EG/EPT. CNIM Kerrv Nlsson Tim Olson Debbie VanMeter Dtrector Emeritus Mike Wetherell, Esq. Professtonal Advisory Board Davld B, BaHls1 M.D. Chairman ( JEt ~=: ,C] :I; ~r7~E.1) A!'~ 2 R 200Z RECEIVED AUG 2 8 2002 City Of Meridian City Clerk Office c~~~T2~~'~" A:frii_~ August 28, 2002 310 W. IDAHO STREET BOISE,ID 83702-6039 Mayor Robert D. Corrie City of Meridian 33 E. Idaho Ave. Meridian., Idaho 83642 ~y~ ~~ \011 ~ \"7 \ Dear Mayor Corrie: I am writing to you on behalf of the Epilepsy FOWldation of Idaho and our recent Mud VolleyBall tournament that was held this past July. As you may recall, I spoke to the City Council regarding the use and possible donation of water for this event. At that time, the council was unable to donate the water due to a not having a policy for donating city goods to private non-profit organizations. The council instructed me to come back following the event and at that time we could request relief from the bill, giving the council the opportunity to develop a policy. This years tournament proceeds was doVt1l substantially over last year's, approximately $8000~OO. 1 would appreciate the opportunity to request relief from the outstanding water bill, which is $422.82, substantially less than what was anticipated during the initial request. I am enclosing a copy of the bill for your review. Please let me know how to proceed with this request for relief I can be reached by mail at: Pat Harting, c/o The Epilepsy Foundation of Idaho, 31 0 w~ Idaho, Boise, Idaho 83702. I can also be reached by phone at 344.4340 or by email at psharting@epilepsyjdaho.o..rg. Leslie Arnold, M.D. Clalg W. Beaver. Ph.D. Jeffery L. Berlant. M.D. Kenneth BraIt. M.D. Michael E. Coats, M.D. Michael R. Djernes. M.D. Carol Hackney, LPC. C.R.C. I appreciate your assistance in this matter. James Y. Lea. M.D., Ph.D. Rex Lott, Pharm,O. Lindo Monroe. R. EEG/EPT, CNIM Hugh Mossman. E~q. Sincerely Jomes Radsho\v. ptl.D.. M.D. ' Dennis Woody. Ph.D. ~ ~ Exeeunv. Director ~ ~~""""'~ David C. Blackwell Patrick S. Harting . ~ Development Director II AUG 28 '02 14:53 (208) 344-4340 · (800) 237-6676 · FAX: (208) 343..()093 E-mail efld@Epllepsyldaho.org · Webslte: www.Eptlepsyldaho.org REGION 1: 2101 Lakewood Drive. Suite 234 · Coeur d'Alene.ID 83814 · (208) 765-9443 REGION II: NAMPA ID 83651 · (20B) 344-4340 REGION III: 480 Park Avenue, SuIte 3-A · rdaho Falls, ID 83402 · (208) 529-3580 An Independently Incorporated affiliate of the Epilepsy Foundation 208 343 0093 PAGE. 01 MAYOR ROBERT D. CORR[E :#: .~~.~~." AUG 8 oU; C'TY OF 1!!~ -..' .... -" - ~ erldi([n-~; \ ,). IDAHO J 200t GARY D. SMITH, P.E. PuBLIC WORKS DIRECTOR (" 1\ COUNCIL MEMBERS WILLIAM L. M. NARY KEITH BIRD TAMMY DEWEERD CHERIE McCANDLESS RICK CIJNTON SUPERINTENDENT CHIP HUDSON ASSISTANT SUPERINTENDENT Pu6Cic Worts 'Vpartment: Water 'Division LESUE HOWARD UTIUTY BIU..ING INVOICE ~ Customer . Name Address City Phone PAT HARTING 310W IDAHO BOISE Date Out 7/112002 Date Returned Meter ID # "59299184-3292 ------------- BiUing Date State 10 ZIP '83702 QTY BEG RD END RD Description Unlt Price TOTAL GALLONS USED I OR A PORTION THERE OF 261 0 261 METER NUMBER $1.82 $422.82 0 METER RENTAL PER DAY $2.50 $0.00 0 TAX ON MONTHLY METER RENTAL 5% $0.00 ___4'....... . -...-- SubTotal ....,.,..-.. .- .-. $422.82 0 Cash ~ -.._--- 0 Check TOTAL $422.82 IOffice Use Only Net In 10 days - Payable to City of Meridian 2235 NW 8th St., MerkJian, ID 83642 Thank You! .. Water Division 2235 NW 8th Street Meridian 10 83642 (208) 888-5242 Fax (208) 884-1159 AUG 28 '02 14:54 Utility Billing 33 E ldaho Meridian In 83642 (208) 888-4439 Fax (208) 887-4813 208 343 0093 PAGE. 02 f"" It (- MERIDIAN CIT( COUNCIL MEETING: jJt{-{~J A.f3.h (/ APPLICANT: . ;5rvLd Nb6iJ ~ AGENDA ITEM NUMBER: 1-- J-tJz" 4- ) ~ REQUEST: _ {-{//Lo-e ~6 cliVi )1 ~ j:r/~~ IJe~ (?y le-r-Jl-&~ / ~~ z ( AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE OEPT: CITY FIRE DEPT: CITY BUILDING OEPT: r- 1/ (,;J 0/0 l.iK(/I) . q/t oVV MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO PO\lVER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLArvtA TION: OTHER: { :RECEIVED SEP - 3 2002 CITY OF MERIDIAN Memo To: Mayor Corrie & City Council From: Brad Watson, P.E.~ CC: File, Gary Smith, PE, City Clerk Date: 9/3/2002 Re: September 3 City Council Meeting - Carors Subdivision, South Slough Project As requested, this memo summarizes several options for dealing with provision of water and sewer service to the Carol's Subdivision residents upon completion of the South Slough Sewer & Water Project. The following scenarios are arranged from most restrictive to most liberal. 1. Entire subdivision must annex and connect to water and sewer services. Pro: - Prevents fonnation of enclaves - Only one annexation application (although 49 applicants) Con: - May not occur for some time - May generate negative reaction from those wanting to conned - Those who have septic or well failures must conned with or without annexation (due to Health District requirements). 2. Entire subdivision must annex for any properties to connect to water and sewer. City will not require connection to water and sewer for all lots - only those who request it Pro: - Prevents fonnation of endaves - One annexation application Con: - Would allow properties within City limits to not connect to water and sewer (which violates Ordinances 9-1-4.A and 9-4-8.A). - Those who have septic or well failures must connect with or without annexation (due to Health District requirements). . Page 1 ( 3. Only those lots who annex may connect to water and sewer. Pro: - Provides flexibility to residents - Less ill-will generated by anti-annexation residents Con: - Will create county enclaves - Forces non-contiguous properties to wait for annexation and service connection - Individual annexation applications 4. Any lot may connect to services. Those contiguous must annex. Non-contiguous lots would be required to execute consent to annexation agreement. Pro: - Provides ultimate flexibility to residents Con: - Will create county endaves - Individual annexation applications - Require tracking of contiguity of those lots subject to the consent to annexation agreements. Additionallnfonnation · The project will indude installation of fire hydrants along Leslie Way/Drive, which is a benefit to the subdivision. · The full width of Leslie Way/Drive will be removed and reconstructed as part of this project. · The one easement secured from one of the property owners granted them the ability to connect to the sewer at their discretion. Since bid plans will be available this week and we need to start locating the water and sewer services, we suggest that we have our personnel pass out the accompanying questionnaire to the property owners when they make contact with them. We would appreciate any comments or suggestions you have to improve the questionnaire. Thank you ~ . Page 2 South Slough Water & Sewer Project Carol's Subdivision Questionnaire BackQround Information Current Water & Sewer Assessment (Connection) Fees: $1580 sewer $704 water Proposed Water & Sewer Assessment Fees (approximate only - subject to change pending City Council review and public hearing) $2424 sewer $1382 water Monthly Sewer User Rates: $4.07 + $2.78 per 1000 gal water use (based on winter average, November through March) $3.48 + $0.98 per 1000 gal water use Monthly Water User Rates: Annexation Application Fees: fiJ {D) ,r"' .? U ll:V LrU L - ,::J -' u 1) 1 acre or less - $550 2) > 1 acre - $550 plus $15 for each additional acre or portion thereof. 3) Staff prepared Consensual Annexation Application for properties receiving water & sewer service - $1100 plus $15 for each additional acre or portion thereof. Annexation Information · In order to annex to the City of Meridian, the property must be contiguous, or abut, another parcel or lot that has been previously annexed into the City. · The annexation process includes submission of an application to the Planning & Zoning Department. A public hearing before the Planning & Zoning Commission is then scheduled. The Commission's recommendation is then sent to City Council for another public hearing after which the Council either grants or denies the application. General Information · The Central District Health Department will not likely issue a permit for septic system replacement if central sewer is available to the property. · For properties to which service is approved, they may not connect to only one or the other City service. Connection must be made to both water and sewer. · Existing wells may continued to be used for irrigation only. 1. Are you interested in connecting your residence to the City of Meridian water and sewer system as soon as the City project is complete? o Very Interested o Somewhat Interested o Neutral o Somewhat Interested o No Interest Comments: Page 1 of 1 2. If you answered "very interested" or usomewhat interested" in Question 1, would you be interested in connecting to water and sewer if you were required to annex to the City? o Very Interested o Somewhat Interested o Neutral o Somewhat Interested o No Interest @@JjJ!ft1l Comments: 3. Would you be interested in connecting to water and sewer if unable to annex but were required to sign a Consent to Annexation agreement? A Consent to Annexation agreement requires the property to be annexed when contiguous to another lot or parcel that is within City limits. o Very Interested o Somewhat Interested o Neutral o Somewhat Interested o No Interest Comments: 4. Allowing lot-by-Iot annexation leads to the creation of non-annexed enclaves within the subdivision. Further, one annexation application for the entire subdivision would require substantially fees that if individual lots submitted applications. Would you favor annexation of the entire subdivision at one time to avoid non- annexed enclaves within the subdivision and allow water and sewer connection only after annexation of the entire subdivision? o Strongly Agree o Somewhat Agree o Neutral o Somewhat Disagree o Strongly Disagree Comments: Page 2 of 2 (- August 23,2002 Department Reports MERIDIAN CITY COUNCIL MEETING August 27, 2002 APPLICANT Public Works Department -- Brad Watson ITEM NO. 1- B-2 REQUEST Carol Subdivision Sewer and Water: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Memo 5!r~ rJJSDff uP P:f1rJ^ _. Jilt /0'!Vv , pf~L iI\ bL 11 /0 'V ~~ q/; Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. ltE c EIVE1~) t\U!l] L 3 2002 r~_'~Y OF MERIDIAN (,--, r ( C~ERK OFFI(:F To: Mayor & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE Date: 8/23/02 Re: South Slough Sewer Extension Project - Carol's Subdivision As you are aware, we are fast-approaching plan issuance in the South Slough Sewer Extension Project. We intend to issue bid sets in September, open bids around the first of October and commence construction early November. We held a neighborhood meeting in February with the residents of Carol's Subdivision, through which the project will run. Those residents had several questions regarding connection to the water and sewer lines that we could not completely answer at the time. Specifically, the residents of Carol's Subdivision have the following questions: · Can we hook up to water and sewer upon completion of the City project? · Do we have to annex in order to receive water/sewer service? Only about 18 of the 49 lots are contiguous to current City limits. Of course, a domino effect could occur if individual lots start annexing. · If we are not contiguous to City limits and not able to annex, can we still hook up? If so, is there some sort of annexation agreement that we must sign? We plan to go out to Carol's Subdivision over the next several weeks and start knocking on doors to discuss where to stub out services and would like to be able to tell the residents the correct answers to these questions. From the desk of.. . Brad Watson, P .E. City Engineer Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridia~ Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1297 'WBtsonb@ci.meridian.idus ( MERIDIAN CITY COUNCIL MEETING: fJre- eOt</vlcd h/L~ 9-~-O2- U APPLICANT: G A/t () J7,n/1AJ REQUEST: )iJ~SJ/~ iJJ /)nJ/JoU ~bVnhPlrl- Es--h:le f ~.6 d,0i'/~ I :f P t!7 J5',M ~t7C &-r/- I~<< c:.--f C'A6Vrt.-qL- (j AGENDA ITEM NUMBER: 6 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: ./ CITY ATTORNEY: ttJS ~. (c'~. .~ ' f~V . AD ~ · J ~0~ CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ( /( Memo To: Mayor & Council ~r From:Gary D. Smith, PE CC: filet Shari Stiles Date: August 20, 2002 Re: Proposed Dunbar Estates Subdivision - Southwest area of Ustick and Cloverdale Roads Mayor Corrie received a letter on July 15, 2002 from Richard Pavelek of Tealey's Land Surveying concerning development ability of an approximate 9O-acre parcel of ground located near the southwest comer of the Ustick Road and Cloverdale Road intersection. Attached is a small scale drawing showing the section of ground bordered by Ustick, C loverda Ie, Eagle and Fairview roads, showing in cross-hatch, approximately 70 of the 90 acres referenced in Mr. Pavelek's letter, that are contained within the Meridian Area of Impact boundary. The remaining 20 acres of the referenced area lie within the Boise Area of Impact and it is undear which 20 acre parcel is referenced from his letter however, it apparently would front Cloverdale Road. Mr. Pavelek's request relates to the timeliness of constructing the South Slough Sewer to a point necessary to serve this property not meeting his clients desire to develop, with an alternative suggestion of allowing the transfer of 70 acres of property to the Boise Area of Impact. As I remember, Mr. Pavelek and Mr. Craig Groves provided testimony in this regard at the last public hearing before the Mayor and City Council for approval of the new comprehensive plan. From the desk of.. . Gary D. Smith,. PE Public Works Director Meridian Public Works Deparbnent 660 E. Watertower lane.. Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1297 As you can see from the small map city water exists in Ustick Road approximately % mile west of the northwest comer of the 70 acre parcel and once the South Slough sewer is completed in May 2003, it will exist approximately % mile from the southwest comer of this parcel. No plans exist in your Public Works department for extension of the South Slough sewer east of Eagle Road or extension of the water main in Ustick Road to the east. I hope this information provides some help to you in fonnulating a response to Mr. Pavelek's letter. If you have any questions please give me a call. r Gary D. Smith, PE . Page 2 ---\ 1 . ,~ . - e~l'TING 1 , 1." 4 Cik "'4ter i . \ r I --- w __w__,~ \a. _~._" (' CT-1,.. v~~ r- ~ ~ - I II %71- i/' u I I 1fT 1 /% II * I~/~~ U q~ 10 \~.w/i ~ -// ~h: c I~~:m~ ! ~ ~<? "':/(t, P,/ '/ I ( ~v I '/' ~l I I I I/~I I IlLU 1/1 I r T I ~ ---.. L tJ $ 0 "" TI4 ~ l.o C1 c;K- -- s- ... . SEM!~ (&~ M~ ) 1- ~03 :=1 ~ ~J ------I -r '~ < \.~~ Ir- \. t ~ EXl$TtN~ Me ~,o 1 AN AP-.eA OF J;W\p Ac.i 50unOArVZ-'"( I ~ I---- ~ -. [t"" IJ t'--.. . '::2: ~ ~ r--.... __.... IT 1'--- -, ""-.::::: I I I I T 7 ...... rrr- f- f I I T T \'W- /: -=" JIDr 1 T - --~.,;;;;;;;;; - r\L- r-- - _1--_ - - f-- l- ~= := "- --~ 1--_____ f-- I 1- -./ vI/I I 11 1:J - r\l I I 1 I r It. '"" If,'" " ..---. L. I"" I L.- , , . 1 . I - \ ** TX CO~ .TION REPORT ** 19 20 21 24 26 27 28 29 313 31 32 DATE TIME TO/FROM 08/30 11: 43 3810160 08/30 11:44 PUBLIC WORKS 138/30 11:44 21388881193 08/30 11: 48 2088840744 08/30 11:50 2088467366 08/30 11: 52 200 898 5501 08/30 11:53 LIBRARY 08/30 11: 54 2083776449 08/313 11:55 208 388 6924 08/30 11: 57 2088886854 08/30 11:58 2083757154 AS OF AUG 30 '0{ ,59 PAGE. 01 CITY OF MERIDIAN MODE EC--S UF--S EC-S EC-S EC--S EC--S EC--S EC--S EC--S EC--S EC--S MIN/SEC PGS 00'34" 001 00'15" 001 00'24" 0'211 1313'23" 001 013'25" 001 1313'24" 0131 00' 29" 001 013'24" 001 013'29" 0131 00'24" 001 013'25" 001 CMD" 005 0135 005 005 0135 0135 0135 005 005 005 0135 STATUS OK OK OK OK OK OK OK OK a< OK OK 'P lie&. ? OS-\:; ~y?u..k-\i 0 flo-l:i ~ - T~ Ics ! ..~~~.1.' LEGAL DEPARTMENT ~.-~,;,}rz:~~ j~ (208) 288-24'>9 - Fll 2RR-2501 ~ CITY OF i!t~"'~ . . PARKS & RECREATION ~- _ '\'..t (208888-3579.. F<lx B98-5501 e'.yi .1Z-52/1 J-.:/ '\ PUBLIC WORKS I /. {It. u, J, ,; (20R) &98-5500 -F:1x 887-1297 ~D"HO // ~ /Y BUILDING DEPARTMENT ~ /' (208) 887-2211 · Fax 887-1297 ~ V PLANNING AND ZONING (208) 884-5533 . Fax. 888-6854 MAYOR Robcn D. COl'de CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCil NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, September 3,2002 at 6:30 P.M. The Meridian City Council will be meeting as weU as the following issues: discussing agenda items which are on the regular scheduled City Council - Request for Relief From Outstanding Water Bill from Mud Volleyball Tournament by the Epilepsy Foundation of Idaho - Carol Subdivision Sewer and Water - Discussion of Proposed Dunbar Estates Subdivision and Possible Area of Impact Change The public is welcome to attend. DATED this 30th day of August, 2002. S OJI)nSrnt-th WilliAM G. BERG, JR. - GJ ~ , 0 ~ ~ i"a US'1~' ~ $ ~""I" ~ ^ f) 'tit ,...,~ ........// \.,,0'04 ~~:."'-!. ..,'.' /11:. . ..\'. 33 EAST IDAHO. MERIDIAN. IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 · City CI~rk Office Fax (208) SS8-4218 · Hum:ln Resources Fax (208) 288-1 J Q} y ltQse.- <p cD~-t }O ( 'v VLb Ll G ! ~o~ ~ - -r h CUVlIC-S I ( . ~ I · '-~ ..-~~l' ;~., \. LEGAL DEPARTMENT -.;. ..~'~i~:1. ~~ (208) 288-2499 · Fax 288-2501 JJ!. .;:.~ ~~>;t1j :;r cAfe~;dl;~l:;"~\, / IDAHO iY ~ Y ~<5' /" C:~!h- q !t -; o #u V , SINCE : \ 1903 PARKS & RECREATION (208 888-3579 · Fax 898-550 I PUBLIC WORKS (208) 898-5500 .Fax 887-1297 MA YOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING (208) 884-5533 · Fax 888-6854 REVISED NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, September 3, 2002 at 6:00 P.M. The Meriqian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Request for Relief From Outstanding Water Bill from Mud Volleyball Tournament by the Epilepsy Foundation of Idaho - Carol Subdivision Sewer and Water - Discussion of Proposed Dunbar Estates Subdivision and Possible Area of Impact Change - Executive Session per Idaho Code 967-2345(1 )(b) The Executive Session is closed to the public, however the public is welcome to attend the remainder of the meeting. ",Ullll'III!! \\\' II, ,,\'...J Of P-v1EITI.^ /11// , " .,("' uf....t // ..... ' \. ' -lA. .'/ ......:::..... (j o~POF1.4 ): ~ y ~ C}- 2 ~0 ~o \. ohrlnrLSfl;UtJv Iff /}U; \ WilliAM G. BERG, JR. - ctTY ~' ~ 0(/ "0 ~ ~ "'0 'Sr 1S\ · ~.$' /...." ~ ~~ ,-,' //.1/ 001 r"....7"i . ~ "" 33 EAST IDAHO · MERIDIAN, IDAHO 83642 IIJ//Ji:;~~ .~ ~ -.r.""\\' (208) 888-4433 · Fax (208) 887-4813 · City Clerk Office Fax (208) 888-4218 · Human Resources Fax (208) 288-1 Y93 DATED this 30th day of August, 2002. MAYOR Robert D. Corrie ? ILa.& () JS4: ~y? u..kYli (2.; 110ii 0L 1 -rhCUvl t-S ! - .R i ,~> -- . ,.,~~:-. . '-";-" . II{: ,. .~..:,'t. it. ~CITYOF Ei~'~~'. "~ erldlan- J5 '\, ~ IDAHO 1~ ~ Y 1:t? ~/ ('~CY7-€!l'~~~8~ LEGAL DEPARTMENT (208) 288-2499 - Fax 288-250 J Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird PARKS & RECREATION (208 888-3579 · Pax 898-550 I PUBLIC WORKS (208) 898-5500 -Pax 887-1297 CITY COUNCIL MEMBERS BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING (208) 884-5533 · Fax 888-6854 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, September 3, 2002 at 6:30 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: ~ Request for Relief From Outstanding Water Bill from Mud Volleyball Tournament by the Epilepsy Foundation of Idaho '"'"" Carol Subdivision Sewer and Water - Discussion of Proposed Dunbar Estates Subdivision and Possible Area of Impact Change The public is welcome to attend. DATED this 30th day of August, 2002. s 33 EAST IDAHO · MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 · City Clerk Office Fax (208) 888-4218 · Human Resources Fax (208) 288-1193 r ** TX coN,- .~T ION REPORT ** AS OF AUG 313 '02 1} PAGE. 01 ~- CITY OF MERIDIAN DATE TIrE TO/FROM MODE MIN/SEC PGS CMDtt STATUS 14 08/30 13: 21 3810160 EC--S 00' 36" 001 1312 OK 15 08/313 13:22 PUBLIC WORKS UF--S 00'1611 13131 1312 OK 16 138/313 13:23 2088881193 EC--S 00' 25" 13131 1312 OK 17 138/30 13:24 8841159 EC--S 00' 25" 001 1312 OK 18 08/30 13: 25 2088840744 EC--S 00' 26" 001 1312 OK 19 08/30 13: 26 2088467366 EC--S 1313'26" 001 012 OK 213 0E1/313 13: 27 208 898 55131 EC--S 013' 2511 001 1912 OK 21 08/30 13:28 LIBRARY EC--S 1313'30" eel 1312 OK 22 138/313 13:29 921383776449 EC--S 1313'25" 13131 1312 OK 23 138/313 13:313 208 388 6924 EC--S 00' 2911 13131 1312 OK 24 08/30 13: 31 2088886854 EC--S 00'25" 13131 012 OK 25 08/313 13: 32 2083757154 EC--S 1313'25" 001 1312 OK 26 08/313 13:33 895133913 EC--S 1313'24" 001 1312 OK 27 08/313 13: 35 208 387 6393 EC--S 1313'25" 001 1312 OK 28 138/313 13: 36 ADA CTY DEVELMT G3--S 1313'413" 001 1312 OK 29 138/313 13:37 CHERIE MCCANDLES EC--S 1313' 29" 001 1312 OK 30 138/30 13:38 CHERRY LANE EC--S 00'3011 001 012 OK 31 08/30 13: 39 POST OFF I CE EC--S 013'35" 13131 1312 OK 32 0EI/30 13: 413 208 888 1983 G3--S 00'31" 0131 1312 OK yu.QS~ ?CO~{: )vI 'VVL~UG/~rLotlCt. --( hO/VlIG: ~~~.~.. LEGAL DEPARTMENT MAYOR i"/...~~, ~~-. (208) 288.2499. F>>: 288-2501 Robert D. Come CITY 01=" ~ oJ> ' PARKS &. RECREATION .~- _. ....~. (208 88B.3579 · F~x 898-5501 CITY CQUNCIL MI!MBERS cUendian ~:/ ';. PUBUCWORKS 1'ammy dcWccrd IDAHO ~ (208) 898.5500 .Fax 887- \ 297 William L. M. Nary /f BUILDING DEPARTMENT Cherie McCandless Y (208) 887-221 I .. F~x 887-111)7 Keith Bird (~~~~~St~~~Z~~~~~4 REVISED NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho. on Tuesday, September 3,2002 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: -- Request for Relief From Outstanding Water Bill from Mud Volleyball Tournament by the Epilepsy Foundation of Idaho -- Carol Subdivision Sewer and Water - Discussion of Proposed Dunbar Estates Subdivision and Possible Area of Impact Change - Executive Session per Idaho Code S67-2345(1)(b) . The Executive Session is closed to the public, however the public is welcome to attend the remainder of the meeting. \\\\\\\!tllll/lllllll "", Or MEFr/f'\ 11/1,/ ,..." ~""l v4. .....~... ::;::'" a c,O'rPon4 .>-~ ~ ~.r ()h. 0 s ~ 0 t () r1m/ utnc 1fu I ~ 1 ~ WilliAM G. BERG, JR. - CiTY ~&-.. ~ 1__ .... 0 '" ~... "'<j ...~. r 1 s"( . ~ .f ...... 'AI ~~ " "'~/,/ I COl,..-;-i. ..,' ,,'" 33 EAST IDAHO. MERIDIAN. IDAHO 83642 '/111/Jl:~._: ~:x.\\'\\\ (208) 888.4433 · Fax (208) 887.48 I ~ · City Clerk Offiee F:lx (108) 8&842 J S · Human Resources Fax (208) :!SS-1193 DATED this 30th day of August, 2002. ** TX CONFIRML.~JN REPORT ** AS OF AUG 30 '0~-.3:5S PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD" STATUS 01 08/30 13:41 ID PRESS TRIBUNE EC--S 00' 25" 001 012 OK 02 08/30 13:42 208 888 6700 EC--S 00' 24" 001 012 OK 05 08/30 13:55 CHAMBER-COMMERCE ----5 00'00" 000 012 BUSY THIS DOCUMENT IS STILL IN MEMORY -------------------------------------------------------------------------------------------- MAYOR Robert D. Corrie yLtQS~ \lco~1; }of .VU-~UG/~YLot-tQ ---{ haM /~: ~. ~ ., DU; (;ITY O. ~ ~'. f~ endian =;.~; ''\. I ID^HO ).y ~ / " LEGAL DEPARTMENT (208) 288..24Q9 · F:lX 288-2501 PARKS & RECREATION (208 888~3579 .. FllX Sl)g-SSO) PUBUC WORKS (208) S98-5500 'Fax 8&7.1297 C1TY COUNCIL MEMBERS l"ammy dcWccrd William L. M. Nary Cherie McCandless Keith Bird BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANN1NG AND ZONING (208) 884.5533 · F~ 888.6854 REVISED NonCE 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, September 3, 2002 at 6:00 P.M. The Meriqian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Request for Relief From Outstanding Water Bill from Mud Volleyball Tournament by the Epilepsy Foundation of Idaho - Carol Subdivision Sewer and Water - Discussion of Proposed Dunbar Estates Subdivision and Possible Area of Impact Change - Executive Session per Idaho Code 967-2345(1 )(b) . The Executive Session is closed to the public, however the public is welcome to attend the remainder of the meeting. \\\\\\\\ tl HIIIIIIIII "",,~ or MEf?IO/"II'.I...; DATED this 30th day of August, 2002. " ~ 'AlA. /.... ...::.... c; o~cn-4 r. ~ y ~ (,). 0 ~ ~c; ~o \. cJ h r1rrfl ufrl<. ttu Ii? ~ WilliAM G. BERG, JR. .. CiTY ... ~ , 0' ~"6 ".sr 1S\ · ~ ~ ~ ~ ~~ ,,~ ....",/..., co! tto.~ . ~ """ 33 EAST IDAHO · MERIDIAN. IDAHO 83642 IJI(Jj;:~.. ~ ~:.~..\"\\ (208) 888.4433 · Fax (208) SS7..JS L~ · City Clerk Office F:.x (108) 888-4218 · Human Resources Fo.x (208) 188-1193 ** TX CONFI\, I . d ON REPORT ** AS OF AUG 30 '02 .~ ~:!4 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 02 08130 12:01 8950390 EC--S 00'24" 001 005 OK 03 08/30 12: 03 208 387 6393 EC--S 00'24" 001 005 OK 04 08/30 12:04 ADA CTY DEVELMT G3--S 00'40" 001 005 OK 05 08/30 12: 05 CHER IE MCCANDLES EC--S 013'28" 001 12105 OK 06 08/30 12:06 CHERRY LANE EC--S 00' 29" 001 005 OK 07 08/30 12:07 POST OFFICE EC--S 013'33" 001 005 OK 08 1218/30 12:08 208 888 1983 G3--S 00' 30" 001 01215 OK 09 08/30 12:10 ID PRESS TRIBUNE EC--S 00'24" 001 005 OK 10 08/30 12: 11 208 888 6700 EC--S 00'24" 001 005 OK 11 08/30 12:14 8841159 EC--S 00'25" 1001 005 OK 12 08/30 12:24 CHAMBER-COMMERCE ----5 013'130" 000 005 BUSY THIS DOCUMENT IS STILL IN MEMORY MAYOR Robert D. Corrie 'PkCtSe- ?~-t .j;y ?u.k\i0fLoti~- T~r:s! ,.~4:.-~.1. . LEGAl.. DEPA RTME.NT ~~~;~I~~ ~ (208) 288.2499 · F.ll 2R8.2S0 I ~ C,ITY OF ~I~ . , PARKS & RECREATION d · ""-.,;,:... ..... ~\ (208888-3579" F;JX 898.550 I J::/ ~, PUBUC WORKS en Ian \: (20R) 898-5500 .F~x 887.1297 ID:\HQ pY / BUiLDING DEPARTMENT 7 (208) 887.2211 · Fax 887.]297 PLANNING AND ZONJNG (208) 8&4-5533 .. Pol;.; 888.68$4 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McC~ndJess Keith Bird NonCE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCil NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian wiIJ hold a Pre-Council Meeting at City HaiL 33 East Idaho, Meridian, Idaho, on Tuesday, September 3, 2002 at 6:30 P,M. The Meridian City Council wiJr be discussing agenda items which are on the regular scheduled City Council meeting as wert as the following issues: - Request for Relief From Outstanding Water Bill from Mud Volleyball Tournament by the Epilepsy Foundation of Idaho - Carol Subdivision Sewer and Water - Discussion of Proposed Dunbar Estates Subdivision and Possible Area of Impact Change The pUblic is welcome to attend. S OJI)YlSrni.-th WILLIAM G. BERG, JR. - ~ ~ , 0 ~ ~"'Yo USt 15\ · ~ $ .................. ~ c Q~ ,......~ "...../"1 Q' '~,,-"'!. · ~.:,' 1/:. ..\. DATED this 30th day of August, 2002. 33 EAST IDAHO. MERIDIAN. IDAHO 83642 (208) 8884433 · F:J.X (108) 887-4813 · City Clerk om~ fax (208) 888-4218 · Hum:lJ1 Resources Fax. (208) 288.11 Q3 ** TX C~ / iTION REPORT ** AS OF SEP 04 '1212 11( PAGE. 1211 CITY OF MERIDIAN DRTE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 1215 1219/04 1121:41 PUBLIC WORKS UF-S 121121'11" 01211 045 OK 1216 1219/1214 1121:42 212188881193 EC-S 121121'20" 001 045 OK 1217 09/1214 1121:42 8841159 EC--S 121121' 22" 001 12145 OK 08 09/1214 10: 43 20B8840744 EC--S 121121' 20" 001 12145 OK 09 1219/04 1121:44 2088467366 EC--S 00' 21" 001 12145 OK 1121 1219/04 1121:45 208 898 551211 EC--S 00' 20" 01211 045 OK 11 1219/04 1121:46 LIBRARY EC-S 00'21" eel 12145 OK 12 1219/1214 1121:47 208 377 6449 EC--S 12113'26" 1211211 12145 OK 13 09/1214 1121: 48 208 388 6924 EC-S 0121'22" 1211211 12145 OK 14 09/1214 1121: 49 2088886854 EC-S 121121'2121" 1211211 045 OK 15 09/1214 1121: 513 2083757154 EC-S 121121'20" 001 045 OK 16 09/04 1121: 513 8950390 EC--S 12113' 19" 001 045 OK 17 139/04 1121: 52 208 387 6393 EC--S 00' 20" 001 045 OK 18 1219/04 1121: 53 CHERRY LRNE EC--S 00' 22" 001 12145 OK 19 09/04 1121: 54 POST OFF ICE EC-S 00' 28" 01211 12145 OK 20 09/04 1121: 55 208 888 1983 G3--S 00' 28" 1211211 12145 OK 21 09/1214 1121:56 ID PRESS TRIBUNE EC-S 00' 20" 1211211 12145 OK 22 09/04 1121: S7 208 888 6700 EC-S 121121'20" 12101 12145 OK 2:7 09/04 11: 1214 ADA CTY DEIJELMT G3-S 0121'39" 1211211 12145 OK 3121 139/04 11: 1219 381121160 EC--S 1313'27" 001 12145 OK CITY OF MERIDIAN PRE..cOUNCIL MEETING AGENDA Tuesday. September 3,2002 at 6:30 p.m. City Council Chambers 2. 1. RoU-call Attendance: 1__ Tammy de Weerd ~ 8m Nary x= Cherie McCandless ~ Keith Bird ~ Mayor Robert Corrie Adoption of the Agenda: ~V\t.... Request for Relief From Outstanding Water Bill from Mud Volleyball Tournament by the Epilepsy Foundation of Idaho: cte.n.j I-~ u. ~;f'-& Carol Subdivision Sewer and Water - Brad Watson: d./~c"".s'.r O'"h.. Cf-/CJ--{) Z pre.- C(?417. ~ Discussion of Proposed Dunbar Estates Subdivision and Possible Area of Impact Change: fJo ~t(J'A... fJ;-tJ ce $"$ Executive Session per Idaho Code ~67..2345(1)(b): /tQ dLc/s/~ 3. 4. 5. 6. Meridian city Couocil Atend.\ - Septcmbct 3., 2002 Pre.-COUDcil MectiDg P.18e I of 1 All malenllb -prcscted at public meetings shall ~ property of the City of Meridian. Anyone dc8iring a.ccoromodaJion for disabilities rel;!lted to dol:UD1.t1lts 3ndfor hoaringJ pJ~ c:onlaa the City C1crk~. Office ill 838-4433 at lc.ur 48 hours prior (0 1be public meeting. ( ** TX CONFIRMAT-.LWf~ REPORT ** ( AS OF SEP 04 J0~ ~1:14 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 02 09/04 11:14 CHAMBER-COMMERCE ----5 00'00" 000 045 BUSY THIS DOCUMENT IS STILL IN MEMORY CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 3, 2002 at 6:30 p.m. City Council Chambers 1. RoJI-call Attendance: 1_ Tammy de Weerd ~ Bill Nary ~ Cherie McCandless ~ Keith Bird ~ Mayor Robert Corrie 2. Adoption of the Agenda: ~f/\R.... 3. Request for Relief From Outstanding Water Bill from Mud Volleyball Tournament by the Epilepsy Foundation of Idaho: cU..n.1 I-cZ'l fA.. e: $'-e 4. Carol Subdivision Sewer and Water - Brad Watson: d/J-~~$'f O"n... q-ltJ -() Z pre.- c.?/;(.n U-e, 5. Discussion of Proposed Dunbar Estates Subdivision and Possible Area of Impact Change: 90 ~I<.#.IL jJ;-~ ceS.5" 6. Executive Session per Idaho Code S67-2345(1)(b); Ill> dLc/s / ~ Meridian City CQuncil Agenda - Septcmbc:r ~ 2002 'fre...Cotmcil Meeting P!.8e 1 of 1 All materials presented 11 public meetings ,hall become property of the City of Meridian. A.nyonc dlmiring ~mmodatiOD for disabilities related to doallDeuts and/or hearings plca.sc ronlact the City CJcrlcTg Office at 888-4433 at lcsst 48 hours prior to the public meeting. MA YOR Robert D. Corrie 1 :~. - J.... { ':r:f~p. '. ~- .. '~t....""". ~_:-~NJ:'i(Y. . cU'e;;dl;~J;;~~\, ~ IDAHO I.~ 1~ ;i,Y ~tS'~ ~ Ft ~~~~INCE \ 1903 LEGAL DEPARTMENT (208) 288-2499 - Fax 288-250 I PARKS & RECREATION (208 888-3579 · Fax 898-550 I PUBLIC WORKS (208) 898~5500 -Fax 887-1297 BUILDlNG DEPARTtvlENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING (208) 884-5533 · Fax 888-685'+ CITY COUNCIL MEMBERS Tammy deWeerd \Villiam L. ivt. Nary Cherie ivlcCandless Keith Bird REVISED NOTICE OF PRE-COUNCIL MEETING MERID.IA'N 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, September 3, 2002 at 6:00 P.M. The Meridian City Cquncil will be discussing agenda items which are on the regular sched~led City Council meeting as well as the following issues: - Request for Relief From Outstanding Water Bill from Mud Volleyball Tournament by the Epilepsy Foundation of Idaho - Carol Subdivision Sewer and Water --.. Discussion of Proposed Dunbar Estates Subdivision and Possible Area of Imp"act Change - Executive Session per Idaho Code 967 -2345( 1 )(b) The Executive Session is closed to the public} however the..public is welcome to attend the remainder of the meeting. \\\,\tllltllJ// \\\\ 1. lIlt "\'--f of rv1E.F(If"\ //// " "" Ul.d !/ ....' \." -lA ~ -" ....'" (j ot\PO,'l~ ~ ~y /~ Q ~ ~ ~ ~ ()h rlrrtlSrnc & I !" \ WILLIAM G. BERG, JR. - ClTY ~RK 0;& ::: ~ Q(; -'\ 0 ~ ~ 170 'S'1S\ · ~.$' "'/,1' ':Af C \<) ~ .............. ///1 OJ r~ rN . - \\" 33 EAST IDAHO · MERIDIAN, IDAHO 83642 1IIIIlr:- .r..~,~ ~".i\\\\\\ ......t;., ~...t..' (208) 888-4433 · Fax (208) 887-4813 · City Clerk Office Fax (208) 888-4218 · Human Resources Fax (208) 288-1193 DATED this 30th day of August, 2002. ( \ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 3, 2002 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Request for Relief From Outstanding Water Bill from Mud Volleyball Tournament by the Epilepsy Foundation of Idaho: 4. Carol Subdivision Sewer and Water - Brad Watson: 5. Discussion of Proposed Dunbar Estates Subdivision and Possible Area of Impact Change: 6. Executive Session per Idaho Code ~67-2345(1)(b): ~&~~ 0/3~L -- ~~~ ~-v tJ~ ~ ~ Meridian City Council Agenda - September 3, 2002 Pre-Council Meeting Page 1 of 1 All materials presented at public meetings shall become property of the City ofMerid.ia.ft 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.