Bainbridge Subdivision No. 8 H-2018-0053 FP
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BAINBRIDGE SUBDIVISION NO. 8 – FP H-2018-0053
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: JUNE 26, 2018
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 52 BUILDING
LOTS AND 8 COMMON LOTS ON
14.99 ACRES OF LAND IN THE R-8
ZONING DISTRICT FOR
BAINBRIDGE SUBDIVISION NO. 8
BY: BRIGHTON CORPORATION
APPLICANT
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CASE NO. H-2018-0053
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on June 26, 2018 for final plat approval
pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the
Administrative Review is complete by the Planning and Development Services Divisions of the
Community Development Department, to the Mayor and Council, and the Council having
considered the requirements of the preliminary plat, the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of “PLAT SHOWING BAINBRIDGE SUBDIVISION NO. 8,
LOCATED IN A PORTION OF THE SOUTH ½ OF THE NORTH ½ OF
SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2018, HANDWRITTEN
DATE: APRIL 23, 2018, by AARON L. BALLARD, PLS, SHEET 1 OF 5,” is
Meridian City Council Meeting Agenda July 10, 2018 – Page 282 of 522
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BAINBRIDGE SUBDIVISION NO. 8 – FP H-2018-0053
Page 2 of 3
conditionally approved subject to those conditions of Staff as set forth in the staff
report to the Mayor and City Council from the Planning and Development
Services divisions of the Community Development Department dated June 26,
2018, a true and correct copy of which is attached hereto marked “Exhibit A” and
by this reference incorporated herein, and the response letter from Kameron
Nauahi, Brighton Corporation, a true and correct copy of which is attached hereto
marked “Exhibit B” and by this reference incorporated herein.
2. The final plat upon which there is contained the certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City’s
requirements shall be signed only at such time as:
2.1 The plat dimensions are approved by the City Engineer; and
2.2 The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash surety has been
issued guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Meridian City Council Meeting Agenda July 10, 2018 – Page 283 of 522
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the
u , 2018.
By:
ED AUG Tammy
USr� Mayor,
Attest:
p ('ity of
C.�VI E IDIAN*.-
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City Clerk
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of Meridian
day of
Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By:wo-)&R� W(W -
Dated:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BAINBRIDGE SUBDIVISION NO. 8 — FP H-2018-0053
Page 3 of 3
Bainbridge Subdivision No. 8 – FP H-2018-0053 1
STAFF REPORT
MEETING DATE: June 26, 2018
TO: Mayor and City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Bainbridge Subdivision No. 8 – FP (H-2018-0053)
I. APPLICATION SUMMARY
The applicant, Brighton Corporation, has applied for final plat (FP) approval of 52 building lots and 8
common lots on 14.99 acres of land in the R-8 zoning district.
II. STAFF RECOMMENDATION
Staff recommends approval of the Bainbridge Subdivision No. 8 final plat subject to the conditions
noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the City Council.
III. PROPOSED MOTION
Approval
I move to approve File Number H-2018-0053 as presented in the staff report for the hearing date of
June 26, 2018, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2018-0053, as presented during the hearing on June 26, 2018, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2018-0053 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located west of N. Ten Mile Rd. and south of W. Lost Rapids Dr., in the
south ½ of Section 27, T. 4N., R. 1W.
B. Applicant:
Brighton Investments, LLC
12601 W. Explorer Drive, Ste. 200
Boise, Idaho 83713
C. Owner:
Same as Applicant
EXHIBIT A
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Bainbridge Subdivision No. 8 – FP H-2018-0053 2
D. Representative:
Kameron Nauahi, Brighton Development, Inc.
12601 W. Explorer Drive, Ste. 200
Boise, Idaho 83713
V. STAFF ANALYSIS
The proposed final plat depicts 52 building lots and 8 common lots on 14.99 acres of land in the R-8
zoning district. The minimum property size in this phase is 6,600 square feet (s.f.) with an average
size of 9,155 s.f. This phase is actually the 10th phase of development of the preliminary plat for
Bainbridge including the final plats for Bainbridge Park and Bainbridge Hess Subdivision No. 1.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat (PP-13-011) as required by UDC 11-6B-3D.2. The proposed number of buildable lots and
qualified open space in this phase are the same as shown on the preliminary plat; however, with
previous applications, building lots were added in final plats that were not depicted on the approved
preliminary plat. Because the total number of overall building lots (415) shown on final plat
applications to date has not yet exceeded the total amount approved with the preliminary plat
(i.e. 552), Staff deems the proposed final plat in substantial compliance with the approved
preliminary plat as required. However, at the point more building lots are proposed than were
approved with the preliminary plat, lots will either need to be decreased in accord with that
approved or, a new preliminary plat for the remaining area will be required; additional
common open space should also be added to equal that required to be provided with the
preliminary plat (i.e. 31.66 acres or 16.55%). The updated development plan and qualified open
space exhibit included in Exhibit E depicts 10 additional lots (not counting the 9 lots approved with
the Trilogy subdivision plat) than were shown on the approved preliminary plat and less open space.
As required with the previous final plat approval, the applicant submitted an exhibit, included in
Exhibit F, which depicts the location of site amenities provided and proposed for the overall
development. The proposed amenities comply with UDC standards and the preliminary plat approval.
Amenities for the overall subdivision consists of 1.3 and 0.70 acre park/open space areas, two (2)
swimming pools, two (2) tot lots, several micro-path connections, a 7.5 acre City park, and a segment
of the City’s multi-use regional pathway along Chinden Blvd.
The plan in Exhibit E includes the 2.5 acre property consisting of 9 buildable lots recently acquired
by this developer at the west boundary of Phase 6 that was previously included in the Trilogy
Subdivision preliminary plat; a new preliminary plat may be required for that area or it may be
included as a future phase of this development (while still under the Trilogy preliminary plat
approval), as determined by H-2018-0024. This area shouldn’t be included within the development
area shown in Exhibit E as it wasn’t included in the preliminary plat boundary of Bainbridge
Subdivision. Without these lots, there are still 12 more lots that were approved with the Bainbridge
preliminary plat which were created from reductions in the width of lots based on market
adjustments. The applicant plans to apply for a new preliminary plat to accommodate the extra
number of lots as they get closer to Ten Mile Road and the LDS Church site.
Note: In 2016, Council approved a modification to UDC 11-3A-6C to allow the irrigation easement
along the south boundary of this subdivision to be located within adjacent building lots rather than a
common lot as previously proposed (H-2016-0115).
VI. SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the approved annexation (AZ-05-058, Development Agreement
#109061598), preliminary plat (PP-13-011) and easement modification (H-2016-0115)
applications approved for this site.
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Bainbridge Subdivision No. 8 – FP H-2018-0053 3
2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of the
City Engineer’s signature on the previous phase final plat in accord with UDC 11-6B-7.
3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
4. The final plat prepared by KM Engineering, stamped on 4/23/18 by Aaron L. Ballard, shall be
revised as follows:
a. “Block 28” shall be labeled on the face of the plat.
b. Note #14: “As shown hereon, Lots 1312 and 13, Block 9 . . .”
c. Graphically depict the 20-foot wide easement along the southern boundary of the subdivision
for the McMullen Lateral as outlined in the letter from Don Brown, McMullan Lateral MUA
President with application File #H-2016-0115. Also include a note stating this subdivision is
subject to a McMullen Lateral Water Users Association, Inc. license agreement per
Instrument No. 2017-008057 of Ada County records.
d. Graphically depict the easement for the 18-inch diameter gravity irrigation pipe traversing
along the east side of Blocks 26 and 27.
5. The landscape plan prepared by KM Engineering, dated 4/26/18, is approved as submitted.
6. All fencing installed on the site must be consistent with the standards listed in UDC 11-3A-7. If
permanent fencing does not exist at the subdivision boundary, temporary construction fencing to
contain debris shall be installed around this phase prior to release of building permits.
7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
8. Prior to the issuance of any new building permit, the property shall be subdivided in accordance
with the UDC.
9. The street light plan submitted as part of the development plans, appears to meet city
requirements based on a preliminary review.
10. An updated version of the development/concept plan for the overall development included in
Exhibit E shall be submitted with each subsequent final plat phase of development to ensure
substantial compliance with the preliminary plat as required by UDC 11-6B-3D.2.
VII. GENERAL REQUIREMENTS
1. Sanitary sewer service to this development is available via extension of existing mains adjacent to
the development. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2. Water service to this site is available via extension of existing mains adjacent to the development.
The applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
3. All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11-5C-3B.
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Bainbridge Subdivision No. 8 – FP H-2018-0053 4
4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete
fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat.
6. The City of Meridian requires that the owner post with the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior
to final plat signature. This surety will be verified by a line item cost estimate provided by the
owner to the City. The applicant shall be required to enter into a Development Surety Agreement
with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, and water infrastructure for a duration
of two years. This surety amount will be verified by a line item final cost invoicing provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health
improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a
surety agreement may be approved as set forth in UDC 11-5C-3C.
9. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
10. It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
11. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
13. All grading of the site shall be performed in conformance with MCC 11-1-4B.
14. Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
15. The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
16. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
17. At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
Meridian City Council Meeting Agenda July 10, 2018 – Page 288 of 522
Bainbridge Subdivision No. 8 – FP H-2018-0053 5
18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer’s expense. Final design shall be submitted as part of the development plan
set for approval, which must include the location of any existing street lights. The contractor’s
work and materials shall conform to the ISPWC and the City of Meridian Supplemental
Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility
Coordinator at 898-5500 for information on the locations of existing street lighting.
19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to signature of the final plat by the City Engineer.
20. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
21. Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at
(208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources.
22. Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment
procedures and inspections.
23. The City of Meridian requires that pressurized irrigation systems be supplied by a year -round
source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface
or well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single -point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
development plan approval.
24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
V. EXHIIBITS
A. Vicinity/Zoning Map
B. Preliminary Plat (dated: 4/30/13)
C. Proposed Final Plat (dated: 4/23/18)
D. Proposed Landscape Plan (dated: 4/26/18)
E. Updated Development Plan with Qualified Open Space Exhibit (dated: 5/3/18)
F. Overall Subdivision Amenity Plan
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Bainbridge Subdivision No. 8 – FP H-2018-0053 6
Exhibit A – Vicinity/Zoning Map
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Bainbridge Subdivision No. 8 – FP H-2018-0053 7
Exhibit B – Preliminary Plat (dated: 8/10/17)
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Bainbridge Subdivision No. 8 – FP H-2018-0053 8
Exhibit C – Proposed Final Plat (dated: 4/23/18)
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Bainbridge Subdivision No. 8 – FP H-2018-0053 9
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Bainbridge Subdivision No. 8 – FP H-2018-0053 10
Exhibit D – Proposed Landscape Plan (dated: 4/26/18)
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Bainbridge Subdivision No. 8 – FP H-2018-0053 11
Exhibit E: Updated Development Plan with Updated Qualified Open Space Exhibit (dated: 5/3/18)
Note: The plan below was not updated with this application to reflect reconfiguration of lots/open space
in this phase.
Note: Single-family lot count includes 9 lots that were included in the preliminary plat for Trilogy Subdivision
that were obtained by this developer that were not within the boundary of the subject preliminary plat.
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Bainbridge Subdivision No. 8 – FP H-2018-0053 12
Exhibit F: Overall Subdivision Amenity Plan
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Bainbridge Subdivision No. 8 – FP H-2018-0053 13
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Bainbridge Subdivision No. 8 – FP H-2018-0053 14
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Bainbridge Subdivision No. 8 – FP H-2018-0053 15
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From:Kameron Nauahi
To:Sonya Allen ; C.Jay Coles; Charlene Way ; Chris Johnson
Cc:Mike Wardle; Jon Wardle
Subject:RE: Bainbridge Sub. 8 - FP H-2018-0053 Staff Recommendation Council for June 26th
Date:Monday, June 25, 2018 10:02:22 AM
All,
We have reviewed the staff report and recommended conditions of approval and agree with
the analysis. We request that this item be placed on City Council agenda for June 26th .
Thank you,
Kameron Nauahi | Assistant Project Manager
BRIGHTON CORPORATION
12601 W. Explorer, Suite 200 | Boise, ID 83713
Direct 208.287.0504 | Cell 208.830.3629
From: Sonya Allen [mailto:sallen@meridiancity.org]
Sent: Monday, June 25, 2018 9:46 AM
To: Kameron Nauahi <knauahi@brightoncorp.com>; C.Jay Coles <cjcoles@meridiancity.org>;
Charlene Way <cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org>
Cc: Mike Wardle <mwardle@brightoncorp.com>; Jon Wardle <jwardle@brightoncorp.com>
Subject: RE: Bainbridge Sub. 8 - FP H-2018-0053 Staff Recommendation Council for June 26th
Kameron,
I’ve revised the staff report per your request below (see attached). Please confirm if you’re now in
agreement with the staff report as revised.
Thanks,
Sonya
From: Kameron Nauahi [mailto:knauahi@brightoncorp.com ]
Sent: Friday, June 22, 2018 3:50 PM
To: Sonya Allen; C.Jay Coles; Charlene Way; Chris Johnson
Cc: Mike Wardle; Jon Wardle
Subject: RE: Bainbridge Sub. 8 - FP H-2018-0053 Staff Recommendation Council for June 26th
All,
We have reviewed the staff report and recommended conditions of approval — with one
exception — agree with the analysis and recommended conditions of approval.
Site Specific Condition 4(c):
“Graphically depict the 20-foot wide easement along the southern boundary of the subdivision for
the McMullen Lateral as outlined in the letter from Don Brown, McMullan Lateral MUA President
with application File #H-2016-0115. Also include a note stating that the Bainbridge Homeowner’s
Association is responsible for all repairs, if needed, within said easement This subdivision is subject
Meridian City Council Meeting Agenda July 10, 2018 – Page 300 of 522
to a McMullen Lateral Water Users Association, Inc. license agreement per instrument no. 2017-
008057 of Ada County records .”
With that, we request the item be placed on City Council agenda for June 26 th .
Kameron Nauahi | Assistant Project Manager
BRIGHTON CORPORATION
12601 W. Explorer, Suite 200 | Boise, ID 83713
Direct 208.287.0504 | Cell 208.830.3629
From: Sonya Allen [mailto:sallen@meridiancity.org]
Sent: Friday, June 22, 2018 2:01 PM
To: C.Jay Coles <cjcoles@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Chris Johnson
<cjohnson@meridiancity.org>
Cc: Kameron Nauahi <knauahi@brightoncorp.com>; Mike Wardle <mwardle@brightoncorp.com >;
Jon Wardle <jwardle@brightoncorp.com>
Subject: Bainbridge Sub. 8 - FP H-2018-0053 Staff Recommendation Council for June 26th
Attached is the staff report for the proposed final plat for Bainbridge Sub. 8. This item is
scheduled to be on the City Council agenda on June 26 th . The hearing will be held at City
Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions.
Kameron - Please submit a written response to the staff report to the City Clerk’s office
(cjcoles@meridiancity.org, cway@meridiancity.org , cjohnson@meridiancity.org and myself
(e-mail or fax) prior to the meeting.
Thanks,
Sonya
City of Meridian
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208-888-4433
www.meridiancity.org
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to
the Idaho law, in regards to both release and retention, and may be released upon request,
unless exempt from disclosure by law.
Meridian City Council Meeting Agenda July 10, 2018 – Page 301 of 522