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HomeMy WebLinkAbout2008-03-110 • DEVISED 3-11-08 E IDIANA,� CITY COUNCIL SPECIAL MEETING / WORKSHOP AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, March 11, 2008 at 5:30 p.m. David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd ltern-� Agenda Item _ _`Presenter Action Needed _ Time 1 ROLL CALL ATTENDANCE City Clerk - 2 ADOPTION OF AGENDA City Council Approve - 3 CONSENT AGENDA City Council Approve (a) Final Agreement for �j d Amended Bittercreek Meadows Agreement Tfl O.t 4 EXECUTIVE SESSION: ISC 67-2345 (1) (c): (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) & (f) (to consider and advise its legal representatives in pending litigation) d 5 COMMUNITY ITEMS / PRESENTATIONS: (a) Update on New City Hall Gene Bennett, Presentation Building Construction Jon Anderson & Meridian City Council/ MDC Joint special Meeting /Workshop Agenda -March 11, 2008 Page 1 of 2 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. • REVISED 3-11-08 Meridian City Council/ MDC Joint Special Meeting /Workshop Agenda -March 11, 2008 Page 2 of 2 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. Adam Johnson - Petra Inc. (b) Audit Report with Kevin Kevin Smith / Presentation Smith Eide Bailly Stacy Kilchenmann (c) ACHD Update on the PeteFF-gedffw Presentation F 'rview Corridor Stud 1 — Planning (e Peri �&k �I n r j& - (d) ACHD Agenda Topics for Presentation next Jt. Meeting on April 7, — Planning 2008 '-4e) Update on Heritage Ball Steve Siddoway Presentation Fields / Emily Kane 6 CITY POLICY REVIEW: (a) Amended Travel Policy Bill Nary — Legal Presented for from February 12, 2008 Department Review Meeting 7 CITY ORDINANCE REVIEW: (a) Outdoor Sales and Emily Kane / Presented for Temporary Events Ordinance Attorney Review from February 12, 2008 8 STRATEGIC MEETING DATE Mayor, Discussion DISCUSSION / 9 EXECUTIVE SESSION: ISC 67-2345(1)(f) (to consider and advise its.legal representatives in pending litigation): Meridian City Council/ MDC Joint Special Meeting /Workshop Agenda -March 11, 2008 Page 2 of 2 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 Meridian City Council Special Workshop Meetina March 11, 2008 A meeting of the Meridian City Council was called to order at 5:30 p.m., Tuesday, March 11, 2008, by President Charlie Rountree. Members Present: Tammy de Weerd, David Zaremba, Keith Bird, Charlie Rountree, and Joe Borton. Others Present: Bill Nary, Ted Baird, Jaycee Holman, Matt Ellsworth, Tracy Basterrechea, Steve Siddoway, Elroy Huff, Stacy Kilchenmann, Keith Watts, Mark Neimeyer, Tom Barry and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Rountree: Well, with the chiming of the bell, I'm going to open the City Council workshop for March 11th with a roll call vote -- or roll call attendance. Excuse me. You can vote as well if you want. Item 2: Adoption of the Agenda: Rountree: Next item on the agenda is to adopt the agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we adopt the agenda as published on the revised 3/11/08. Borton: Second. Rountree: It's been moved and seconded to adopt the agenda. All those in favor? Opposed same sign? MOTION CARRIED: ALL AYES. Item 3: CONSENT AGENDA (a) Final Agreement for Amended Bittercreek Meadows Agreement Rountree: Next item is the Consent Agenda. Meridian City Council Special Meeting /Workshop March 11, 2008 Page 2 of 67 Nary: Mr. President? Rountree: Mr. Nary. Nary: We don't have finality on that agreement, so we could pull that off and, hopefully, we will have it next week. Rountree: So, do we need a motion to -- just table it or -- Nary: You can just move to vacate it. We will bring it back. Rountree: Okay. We will vacate Item 3. Next item on the agenda -- Zaremba: Mr. President? Rountree: Mr. -- Zaremba: I move we vacate the Consent Agenda Item A from this week's calendar. Bird: Second. Rountree: Moved and seconded to vacate Item 3. All those in favor? Opposed same sign? MOTION CARRIED: ALL AYES. Item 4: EXECUTIVE SESSION: ISC 67-2345 (1) (c): (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) & (f) (to consider and advise its legal representatives in pending litigation): Rountree: Okay. Item 4. Executive Session. Bird: Mr. President? Rountree: Are we ready? Okay. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c) and (1)(f)• Borton: Second. Rountree: It's been moved and seconded to go into Executive Session. Roll call vote. 0 • Meridian City Council Special Meeting / Workshop March 11, 2008 Page 3 of 67 Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Rountree: I will bring this session back to order with a motion to come out of Executive Session. Bird: So moved. Zaremba: Second. Rountree: Moved and seconded to come out of Executive Session. All in favor? Opposed same sign? MOTION CARRIED: ALL AYES. Rountree: Okay. We are out of Executive Session. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I would designate the document pertaining to 641 North Main to be Resolution 05-601 and the document pertaining to the property at 55 East Broadway to be Resolution No. 05-602. And with that move that we approve Resolution 05-601 and Resolution 05-602. Rountree: Do we need to read the title of those? No, not on a resolution? Nary: Usually we have. Usually we have read the title, but isn't it 08? Bird: 08. Yeah. Rountree: 08. Zaremba: I'm song. It should be 08-601 and 08-602. Rountree: If the clerk would read those resolutions by title only. Holman: Resolution No. 08-601, a resolution approving an order of condemnation for the real property located at 641 North Main Street in the City of Meridian and legally described as Lots 16, 17, 18 and 19 of the amended plat of Block 1 of the town site of Meridian, according to the plat filed in book two of plats at page 61, records of Ada county, Idaho, and providing an effective date. Meridian City Council Special Meeting / Workshop 0 March 11, 2008 Page 4 of 67 Holman: Resolution 08-602. A resolution approving an order of condemnation for the real property located at 55 East Broadway Avenue in the City of Meridian and legally described as Lot 20 in Block 1 of amended plat of town site of Meridian, according to the plat thereof filed in book two of plats at page 61, records of Ada county, Idaho, and providing an effective date. Rountree: It's been moved to approve those. I need a second. Borton: Second. De Weerd: It's been moved and seconded to approve the resolutions. Roll call vote. Correct? Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 5: COMMUNITY ITEMS / PRESENTATIONS: (a) Update on New City Hall Building Construction - Gene Bennett, Jon Anderson & Adam Johnson - Petra Inc. Rountree: Thank you. That brings us to Item 5 on our agenda. Community items. And the first item there is the update on the New City Hall. So, Gene, if you would take it away. Thanks for your patience. Bennett: You're welcome. Before you you have the updated monthly report on where things stand as far as schedule, cost, Leeds, and RFIs and ASIs. Rather than go into that in detail, I'll let each person that handles that for me discuss that. What I would like to report is at -- on the schedule Jon has picked up some time on the interior. Drywall has started as per the original schedule. That's a good sign. On the last items that are remaining to be bid for the plaza, those items will be covered in a preconstruction pre- bid meeting this Thursday and they will bid on the 27th of this month. And so that will finalize the last items to be bid for the City Hall project. At this time I'd like to tum the discussion of schedule over to Jon Anderson, superintendent for Petra. Anderson: Madam Mayor, Members of Council, progress is moving very well at Meridian City Hall. Windows are being set. Drywall is also being installed. On the master schedule, if you will look at -- which will be Item No. 31, which are the partition walls -- the partition walls are slated to wrap up on 4/10 on the schedule that's directly behind that, which is our three week schedule. We are, actually, going to finish the third floor north partition walls, which is item 35, around 4/4. So, we are picking up a little bit of time in framing stage, which is allowing all the rough -ins to continue as well and pick up some time there. Currently we are framing -- I should say currently we are dry - walling first floor south. We are framed out second floor south end. And we are 0 • Meridian City Council Special Meeting / Workshop March 11, 2008 Page 5 of 67 currently finishing up this week the petition framing on the first floor north end, moving to second floor north end next week as well. So, the interior rough -ins are moving very well, followed by interior drywall. From there painting should start -- actually, it will start a little ahead of where the master schedule has it on 4/4. We are actually starting in that week -- the week after that we will actually start on ceiling grids, get those installed, the ceiling rough -ins, and, then, cabinetry to follow. What I'd like to do next month, if possible, prior to our meeting here, is to have a tour of the progress of the facility. Rountree: Great. Anderson: So you can actually see where we are at. The basement is ready for drywall. We are proceeding with the drywall of the basement. We will use that as a fill-in with our crew to keep the dry-wallers here and to keep the painters moving as well. So, progress is moving rather well. The exterior of the building -- the masonry itself is wrapping up on the stair towers, wrapping up on the south wing. We actually have the stone across the south portion of the building across that lower roof section. By the end of next week they will be through the north section of that same roof band and moving to the north side of the entry, which will allow me to verify the last of our window sizes and put all the windows into fabrication. By week's end as we will be able to measure all the curtain walls -- curtain window walls, which will finish the building as far as being in the dry. So, we are progressing very rapidly on the exterior, as well as on the interior. On the site itself we are in the process of finishing up some miscellaneous site activities left over from last fall with the irrigation system. We have one weir box left to set. Finishing the prep in the parking lot. And, then, starting the seepage beds, so on and so forth. At that point in time we also start filling in the plaza area and start construction of the plaza. So, work itself is progressing very well. As soon as the plaza bids, we will add the plaza into the master schedule, so you can also follow that with us as we construct the plaza. So, that in a nutshell is where we are at with the construction so far. Rountree: Any questions for Mr. Anderson? Borton: Mr. President? Rountree: Mr. Borton. Borton: Just briefly, Jon. How much time have you picked up? Anderson: We have picked up about two weeks. But I'm being cautious, because we still have a long way to go. The interior of the building is moving very well with the finishes, but with the HVAC system, that's going to take a little time to go back in and make sure this thing is going to run, just with hooking up all the controls -- most of the controls are plug and play. We have a York interface system that controls half the system and, then, a Yamis control system that controls the air handlers that supply the air to the floors and, then, the Yamis -- the York system, then, takes over from there and it redistributes the air. So, making sure all those come together is a long process, as Meridian City Council Special Meeting /Workshop • March 11, 2008 Page 6 of 67 well as a Leed process with enhanced commissioning, there is a lot of verification and duplication of verification, so we send test reports back to DC or where ever we send it at -- all the verification has its triple checks and documentation, we write down serial numbers, Yamis -- not Yamis -- Hobson writes down the same serial numbers for the same unit and so does Heiry. And they go through all the start ups. Start up procedure for this type of building is quite intense. So, the start up will actually commence about the first of May. We will be turning the air handlers on to pressurize the building to keep particulates out -- help keep particulates out of the building to keep the building cleaner. Indoor air quality with the Leed is a very huge issue and very time consuming for us to maintain that to insure the indoor air quality which is below the BOCs particles, so on and so forth. So, that when you, as the inhabitants get in the building, it is to the standard of 3.1, 3.2. So, 3.1 is what we deal with under construction. 3.2 is what -- how we finish the building for your inhabitants, so -- De Weerd: Mr. Chair? Rountree: Madam Mayor. De Weerd: I guess so we need to have a good estimate, because every month is an extended lease in our other facilities and we are at the point where we need to talk to them about when we need to extend it to, because we didn't anticipate this. So, if we can, please, talk about that at our next meeting, so we can do what we need to do on our side, because that's extra cost there, too. Anderson: I understand. Bird: Mr. President? Rountree: Mr. Bird. Bird: Jon, I take it if we are doing all this sheetrock and stuff, we are dry in, then, I take it? The roofs all on and -- Anderson: The roof is all on, except for the barrel truss. We are -- the last section of the roof is being -- or should start tomorrow with the install of the barrel section. So, we do have some minor water control anytime that it does rain. But the lower roofs are on. The main bodies of the roofs are -- have been installed. The drywall that's being installed is not being -- it's not wet. We are not having a mold issue. We will not have a mold issue, so -- even all the wood that's in this building is also fire treated for the type of building that it is. So, that type of product does not and will not contract mold, so -- De Weerd: What's been the delay in that? Anderson: Delay in which? De Weerd: Putting the rest of the barrel roof on. • • Meridian City Council Special Meeting /Workshop March 11, 2008 Page 7 of 67 Anderson: The barrel truss -- the barrel trusses were finished here welding on them about three weeks ago. So, finishing that e everything underneath it and put together and, then, we have submittals, we have corrected those and their action, fabrication components to actually attach that roofing system. So, tomorrow installing the perling system and installing the actual installation Tuesday of next week to put that main section in the dry. De Weerd: Okay. Sorry I asked. Rountree: Did you understand all that? De Weerd: I have no idea what you just said, but -- Anderson: The barrel roof is a very complicated roof to put together. about -- the actual ctivity and getting iad an issue with of some different they actually start probably Monday, De Weerd: And how long will it be until we are tight -- that everything is water tight? Anderson: Once we measure for the windows Monday, Tuesday of next week for the curtain walls, it will take them approximately a week and a half to two weeks to fabricate and receive the glass. Right now we are actually receiving glass within a week, which is, actually, pretty good. Sheldon's done a pretty good job -- our contractor at Custom Glass. So, once they measure they will start fabrication on those windows, with anticipation of two weeks to stub the frames and, then, glass it. So, we are still out probably two and a half to three weeks before we are a hundred percent in the dry. But the areas that were not in the dry, we do have temporary measures on the windows that are not installed and we are not installing any product that can -- that is water sensitive in the areas that can receive water at this point in time. If that makes sense to you. Rountree: Jon, you mentioned next week a tour. Do you have a time and a day? Anderson: Oh, at our next monthly meeting. Rountree: Next monthly meeting. Anderson: Yes. Rountree: Okay. And you have sufficient time built in this so now that you're putting in windows Councilman Bird will have an opportunity to be out there and help you. Anderson: I believe he's already been there. He's already beaten me to that. I believe he's already snuck out there. Rountree: Okay. Thank you. 0 . Meridian City Council Special Meeting / Workshop March 11, 2008 Page 8 of 67 Anderson: Any other questions? Okay. I'll turn it over to Adam. Johnson: Good evening, everybody. Just want to refer you guys to tab three. Do a Leed update, kind of touch on some of the stuff we talked about last month for those that weren't here. We are still -- of the 36 points we are attempting, five additional points we are shooting for are in the maybe column still and 22 that we are not going to get. First item there is the computer modeling. We did get that back. We talked about that last time. We are sitting at 21 percent, which gives us in that column four points for that one credit. Next item is the carpet system. The carpet that we have chosen, the manufacturer has actually worked with other projects, Leed projects, and actually filed for an innovation and design credit for the POC content, the rubber they use, the -- all the materials that go into it. So, it's pretty top of the line as far as Leed goes. So, we are going to work that in and put that into -- that goes up to our top for our additional points for an innovation design credit. So, we are working on the paperwork on that end now. Next item Jon touched on is the documentation of credit 3.1, the indoor air quality. During construction he touched on the precautions and stuff we have in place, ongoing documentation of the dust control, particulate matter. He didn't touch on his due diligence on the taping of the access floor. We actually put blue tape down on every grid, along with paper and tape to cover and keep any drywall dust from breaching the floor and that's been a huge benefit for us on the keeping that floor clean. So, that's an ongoing thing. We are getting ready to paper the next section before we start the drywall activities. So, keeping up with the daily logs of that and the photo documentation. Next one, big item, was the sheetrock recycling. We kind of dodged a bullet on that one. We talked last time about having to possibly ship it even out of country to -- up to Canada to get the recycling value up, because that's a huge factor of the scrap coming off. Talked to the director at the Ada County Landfill and they are currently accepting sheetrock for recycling purposes. They actually have an individual that purchases from them that uses it for cattle bedding. He uses it within the wood chips that he also purchases. And as long as he's accepting, they accept from us. So, we are keeping tabs on that. Every time we have a load that goes out, we have to verify that it's good. We do have plan B in place if he stops taking it. Ideal Demolition -- Ideal Demolition, the contractor that actually took down the old creamery, he's brought technologies and stuff back from the California area on recycling and waste management and he's going to incorporate some of that in his new location in Emmett. So, he's our plan B if Ada county just happens not to accept our loads. So, that's huge for us. And, then, last, but not least, our dumpster update. This is current as of last week. We have a few more bins -- actually, a few going out tomorrow, kind of gives us a rundown of where we are looking. If you kind of just do comparison, it's pretty amazing how much we are diverting from the landfill through the recycling efforts. You have seen our dumpsters out there all lined up with their nice bilingual signage, which has really helped with getting people to get in the right spot. So, just the extra steps like that take the provisions and get everything in place to facilitate that. So, any questions you guys have for me on Leed? Rountree: Questions? Thank you. 9 • Meridian City Council Special Meeting / Workshop March 11, 2008 Page 9 of 67 Johnson: No problem. I'll tum it over to Tom to go over the next section. Tom: Mayor, Council, good evening. Under tab four is the highlights of the budget section. The budget remains unchanged from last month, 20.4 million pending the receipt of the bids on the plaza work that's currently out for bid. No significant changes there. We have included a sheet for your contingency allocations. That's the next sheet. We will review that, but let you peruse it. Billing -wise, we are billed at slightly more than 60 percent for the current progress through February. Any questions on that section? Rountree: No questions. Thank you. Tom: The other section, ASIs, RFIs, and, of course, your favorite, the photos at the end, so -- Rountree: Gene, you want to wrap up? Holman: Madam Mayor, Members of the Council, I believe that Keith Watts has -- Watts: Hey, Tom, I just wanted to clarify something on the contingency page. You do have Ideal Demolition -- their amount on here for the change orders, is that coming out of the 700,000 contingency? Tom: No, the phase one -- De Weerd: I'm sorry, we need you on the public record. Tom: The deduct for the demo in the basement items for the previous was deducted out -- Watts: Okay. Tom: -- as part of the building's construction cost, so it's consistent with the budget there. Watts: So, the balance is pending -- we have 655,000 still pending in change orders you're saying on here? Tom: That's balance remaining. The balance pending for -- the estimated balance pending for what you have issued to date is probably in the neighborhood of 261,000. Watts: Okay. Got you. Thanks. Tom: Okay. • . Meridian City Council Special Meeting / Workshop March 11, 2008 Page 10 of 67 Bennett: As a wrap up, then, we will finalize the completion date for Council at our next construction meeting in two weeks, if that's timely enough. Any other questions? Rountree: Anybody? Thanks, Gene. De Weerd: Mr. Chair. I guess I notice you were putting the stone on. Bird: Yes, they are. De Weerd: Looking good. Bird: It does, Gene. It looks very good. That stone's going to set it off. I don't know who picked that out, but I'm sure it wasn't the architect. Rountree: They had to give you some credit, Steve. Bird: No. It looks -- it's really going to set it off. It really looks nice. De Weerd: Did we want to talk signs? Bird: No. De Weerd: No? Bird: These other people don't -- just you and I have. Rountree: We haven't seen it. De Weerd: Didn't we get an e-mail to you? Bird: Just you and I. Rountree: If it was e-mailed to me, it was this afternoon. De Weerd: No. Okay. Forget it. Rountree: Okay. Forget that item. Item B. De Weerd: Mr. President? Rountree: Madam Mayor? De Weerd: I guess we did need some clarity on -- Keith needed some clarity as far as -- we need to get moving on parking and I know we took one step, but we do have some current calculations that Mr. Watts has. 0 • Meridian City Council Special Meeting / Workshop March 11, 2008 Page 11 of 67 Watts: I did put some numbers today -- put some numbers together today with the information that I last received from our planning director. Her requirement was one parking space per 500 square feet. I have taken the actual square footage from the plans from the LCA, from the first, second and third floors, which totals 79,870. Removed the square footage for the chambers, the historical society and the multi- purpose room, which came to 75,786 square feet. That leaves us a total of 151 parking spaces for that area. She also wanted us to add one additional for the office in the basement for the maintenance facilities supervisor. Currently we have 58 stalls available in our plan on the premises of the New City Hall. We have 41 available here. So, as you can see that leaves us short a few. De Weerd: So, we will be bringing some proposals back in the next week or two to firm that up, because we want to make sure we get occupancy when we are able to move in. Watts: Yes. That leaves us 53 short at this time with the two properties. Rountree: Okay. Thank you. Hopefully we have remedied -- will be remedying that shortly. De Weerd: We have been inventorying. Watts: Yes. I do believe with my calculations we are going to end up about nine short, which we will need to remedy. De Weerd: Keith, that didn't include availability at the old police station; correct? Watts: It did not. That is without that. Rountree: Any questions? Okay. Is that all he had, Mayor? (b) Audit Report with Kevin Smith Eide Bailly - Kevin Smith / Stacy Kilchenmann Rountree: Okay. Next item. Audit report. Stacy, do you want to introduce this? Kilchenmann: I'd like to introduce Kevin Smith from Eide Bailly. He's going to do the audit presentation. He is our partner in charge -- our partner obtained, we might call him. Actually, Kevin and his staff were very, very patient with us as we struggled -- and I mean struggled to get through under the standard. So, with that I'll tum it over to Kevin. Smith: Thank you. Good evening, Madam Mayor and Members of the Council. The point that Stacy did make, I will emphasize that a bit tonight. The report that you have in front of you is the financial statement was prepared in its entirety by -- by staff of the City of Meridian and that's the first time that has happened. So, I commend them for -- for preparing that statement. It's not an easy feat and the only thing that is ours in that that we prepared is the first two pages, page one and two where we render an opinion. 0 • Meridian City Council Special Meeting / Workshop March 11, 2008 Page 12 of 67 Everything else is prepared by -- by management and staff. And with that I will draw attention to page one of the financial statement and in the third paragraph of the opinion letter, on page one, it states: In our opinion the financial statements referred to represent fairly in all material respects. And that -- and that is what we call an unqualified or clean opinion on the financial statement and we are happy to report that once again this year that we did issue a clean opinion. A couple items that I'd like to point out in the financial statements themselves. First of all, on pages -- pages three through 15 are what's called the management discussion analysis and in there that is presented by -- and written by -- by management and in that discussion it gives the -- some of the changes, some of the highlights, some pictures, some graphs that you can look at to compare, you know, what happened, you know, from last year to this year and gives a -- you know, a good picture of what occurred. On the -- on page 16 is the statement of net assets or in the business world would be called a balance sheet. And this is a complete picture on page 16 and 17 of the City of Meridian's assets, liabilities, and what's remaining in net assets at September 30th, 2007. And with that, you know, you can see, as far as the balance sheet in total, your total assets and this is full accrual, everything accrued at this point, a little over 275 million. And as you look on page 17, total liabilities are approximately 25 million dollars. And so the remaining balance, then, is net assets. And, of course, a lot of that is tied up in your capital assets. Page 18 is a governmental form of an income statement and this -- this income statement is, again, full accrual, so it follows the balance sheet. And this gives you -- it's broken down by program, so it has the expenses and, then, the revenues by program and everything else, like property taxes, which don't fit into a specific program are listed below. And the -- it comes to the net asset balance again of 249 million dollars. Page 19 is the general fund or all the governmental type funds, the general fund and the capital projects fund together I reported. And this, again, is a kind of back to governmental accounting, so it's not full accrual, so it doesn't have the -- the fixed assets included in it. And this, again, gives a -- gives a picture at a specific point in time, September 30th, 2007. And as you can see, the total assets in the general fund of about 44 million dollars and the liabilities of about 17 and a half million dollars. So, with that a very healthy balance sheet is what it shows and a large amount in net assets and some of those net assets have been reserved for specific purposes on the bottom of page 19 and, then, there is about 23 million that's unreserved or available for spending in the -- in the city. Page 21 is the statement of revenues and expenses and the changes in the fund balance for the governmental type funds. And in that you can see the expenditures for -- in the capital products and that five and a half million -- 5.6 million is related to the construction of the New City Hall. And at the bottom you can see in the general fund the change in fund balance of about three and a half million dollars. So, you know, again, a -- you know, a real good year. Page 23 is the statement of net assets or a balance sheet for the water and sewer funds combined and with that you can see at the top cash and investments of about 38 million dollars and, you know, however, that -- you know, most of that is for replacement of water and sewer and, you know, things that will -- expansion that will come up in the future. Page 24 is the income statement, statement of revenues and expenses related to water and sewer funds again. And I did note on the water revenues and the sewer revenues combined about 13 percent increase from -- from the prior year. And, you know, one thing that did go • • Meridian City Council Special Meeting / Workshop March 11, 2008 Page 13 of 67 down in non-operating revenues is you look at connection assessment fees, went down significantly, about 50 percent decline, which was expected, you know, based on the number of building permits that we saw, you know, from last year to this year, you know, it was expected that that would decrease significantly. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess I have a question. On page 23 when you look at liabilities and your net assets, do we put commitments on there, too, if -- like for Black Cat or -- so when -- when we have commitments that that's not reflected on this? Smith: Right. Commitments -- we have disclosed the commitments in the footnotes and so everything that is planned is listed there. But it's not accrued in the balance. In any balance as a liability at this point. De Weerd: Yeah. I guess I don't understand why. Rountree: Because there is no contracts. Bird: Non-current assets, Kevin. Construction in progress. Buildings improved, other than -- isn't that carried forward? Smith: Construction in progress? Bird: Yeah. Smith: The construction in progress is a -- you know, it is the asset that -- it is under construction and so that portion of the liabilities have either been paid or it's been accrued. Because it's been constructed, so the event has taken place. De Weerd: Yeah. But the commitment is not captured. Smith: Correct. De Weerd: Only in a footnote. Smith: That's correct. Bird: Yes. De Weerd: Even though you have a contract. Smith: Right. You have a contract, but the event to incur that hasn't taken place and that means that the work has to be completed. 0 0 Meridian City Council Special Meeting / Workshop March 11, 2008 Page 14 of 67 De Weerd: Okay. Because this is the year end. Okay. We will ignore that you just talked, because it's not on the public record. Sony, Mr. President. Rountree: Go ahead, Kevin. Smith: And, then, the next few pages are page 27 through about page 40 is our footnote disclosure and this is a -- most of it's required information. Most of it supports the amounts that are recorded in the balance sheet, fixed assets, debt, and those would be the -- see the detail of what that is and like in debt what the payment plan is over the next five years. So, just support for -- for the financial statements. Page 42 is the budget -- is budget to actual comparison and in that we can see that total revenues -- the -- you can see the variance column on the far right-hand side. In total revenues, the actual come out a little bit better than what was budgeted by about 680,000 dollars, but the thing that I -- that kind of caught my eye was the expenditures, was -- the final budget was about 29 and a half million and the actual spent was 23 million. So, a significant, you know, savings on -- on budget. Any questions related to the -- to the amounts that have been -- have been reported? I know it's a lot of information. With that -- and the one other item I would like to just spend a moment on is the management letter. And I'll give you just a -- kind of a brief description so you can understand, you know, what the management letter is and why we -- why we issue a management letter. A manage letter is -- are things that we find that as we are doing the audit that we feel is necessary to report to management and to Council and there are different degrees of findings that we have that we report on and the most severe that we report on is called a material weakness and that, basically, means that controls are so bad that there could be material misstatements in the financial statements, so there is no controls in place -- maybe to -- if the bank reconciliation wasn't completed all year, then, that would be a material weakness, because when you're coming in you'd have no idea what cash was. It could be off, you know, several million dollars. The next -- and we happy to report that we had no material weaknesses. The next one is called a significant deficiency and that one -- with some of the new auditing standards that have come out, that's one that we are seeing more and more of, because of -- like preparing the financial statement by management, if management didn't prepare the financial statement, we would be required to report a significant deficiency. If we had a lot of adjustments to the financial information to prepare the financial statements, if we had to make a lot of journal entries to the trial balance, changing amounts, we would report either a significant deficiency or if they were large in dollars, then, we would report a material weakness, because the internal control system would not be in place to -- to identify those things in a timely manner. And, then, that would mean during the year that the financial information that you were receiving would not be accurate. So, we are happy to report that we did not have any of those types of findings. However, we did note a couple items that we refer to as other conditions and these are just items that -- that we want to bring to your attention and sometimes as we look at these, we look at the cost, you know, whether it makes sense to -- you know, to put these in place or not. One of the items we have reported on in the past is -- is the -- part of the challenge with management or with accounting department to identify all of the fixed asset donations and I think there has 0 • Meridian City Council Special Meeting / Workshop March 11, 2008 Page 15 of 67 been a lot of progress, but especially on the values and a few years ago there was no values assigned to them and so they were scrambling trying to find out, you know, what value to even record that at. So, that's been corrected. But as far as the different departments, it still feels like it's a little bit decentralized and, you know, as one department will receive a piece of land, but it's not reported to the accounting staff, so they can properly record it in the financial statements. So, we pointed that out again and management has responded to that finding. Another item -- and this -- there was a bank account that was opened and, you know, again, not a big -- a big deal in my opinion, however, it's probably something, you know, looking forward, just another reminder that, you know, if bank accounts are opened, that that should be approved by the Council, so you're aware of what's going on. In this situation it was just a -- let's see. Oh. It was part of the checking account, just so they could float the money back and forth. So, it wasn't a big issue, but, you know, if there was a significant account open, then, you would definitely want to be aware of that. On the last one is kind of the same -- on the -- related to the -- as -- as the bank accounts and there was disaster recovery plan -- and there is one in place, but just a reminder that that needs to be consistently kept up on a continual basis and, you know, part of the reason we bring that up is, as you know, with the Middleton High School, that brought it all to -- all to light with the importance of having that recovery plan in place and so that operations can continue if a disaster were to occur. Rountree: Good point. Smith: But other than that, I think it was a great year -- another great year for the city and we appreciate, you know, this opportunity and we appreciate working with -- with the accounting staff, they do a tremendous job. They are very timely. They get us the information that we request on a -- in a timely manner and, you know, over the years that's been improved over and over and over. So, we do appreciate the efforts that they make. Any other questions? Rountree: Question for Kevin? Thank you for your time and report. Smith: Thank you. Rountree: And, Stacy, thank you. I know it was a struggle having to take on that responsibility this year to make that change. And Todd and Rita and everybody else. (c) ACHD Update on the Fairview Corridor Study — Matt Ellsworth — Planning. Rountree: Next item. Matt, are you going to handle both C and D? ACHD update on Fairview and ACHD agenda for our next meeting? Ellsworth: Mr. President, Members of the Council, Madam Mayor that was the plan. Unfortunately, both Pete Friedman and Anna Canning are out sick today, so they passed the torch over to me to cant' those two items forward. Meridian City Council Special Meeting /Workshop • March 11, 2008 Page 16 of 67 De Weerd: Congratulations. Rountree: Very good. We know you can handle it. Ellsworth: Okay. So, the first item -- over the course of the past several months ACHD has been laying the foundation to prepare a concept design for Fairview Avenue and the various roadway segments for Fairview are programmed for construction over the course of the next five to ten years. The geographic area of this concept design runs from Linder Road in Meridian over to Orchard in Boise and the project team that has been working over the -- over the past few months consists of representatives of ACHD's various departments and also representatives of both the City of Meridian and the city of Boise and what we have been doing is just sort of focusing -- focusing attention to certain issues that will require additional analysis and basically weeding through options, identifying certain things that may not be the most appropriate to move forward in these analyses and other things that will require additional attention as this process moves forward. So, here with us this evening is Kendall Kemmer, who is the project manager for the concept design, and he is -- he's with us this evening to provide an update about the process so far. Kemmer: Thank you. Thank you, Matt. Rountree: Thank you. Kemmer: Thank you, Council, and thank you, Matt. Yeah. Matt did some of my work already, so I guess that will make my presentation shorter. The first thing I have is I want to, one, make sure everybody has a copy of the memo that was provided. If not, I have additional copies. Rountree: If you would pass those out we'd appreciate it. Kemmer: Oh, yes. Sure. Okay. Thank you Fairview Avenue concept design. As Matt i Meridian to Orchard Street in Boise. We ha tonight to give you an update on phase one, phase two, and to hear your comments and interview, two public open houses, one was survey that was mass mailed and also avai project team included members from the ci appreciate their help in this process. Fair supports current and planned commercial mi Boise city staff agreed with that character request from the Citv of Meridian to have thi again, for the opportunity to discuss the nentioned, this goes from Linder Road in to completed the first phase and I'm here a description on where we are going with ideas. Phase one included a stakeholder held in Boise, one in Meridian. A project able online. And as Matt mentioned, the y of Boise and City of Meridian and we ,iew Avenue is a mobility corridor which ced use land uses and both Meridian and zation and we do recognize the recent portion of Cherry Lane west of Mpririian Road for the typologies as a commercial arterial and to take away that mobility corridor designation, so we do recognize that recent request from the city. Phase one includes the development of assumptions and a screening analysis of options for the corridor, • • Meridian City Council Special Meeting /Workshop March 11, 2008 Page 17 of 67 which I will address later on. One of the other big things, too, was access management is -- plan is required for the corridor. That was one thing the team had decided. The development of the access management plan will start immediately in the second phase and will include early involvement with businesses and properties along the corridor. Once adopted, the access management plan will be used in the development approval process and will also be incorporated into future ACHD projects in the corridor. It is anticipated the majority of the plan will be implemented through the redevelopment or the development process. Per the concept design, one thing we propose and you will see it in the memo there is to expend the dollars in the most cost effective way. We have separated the corridor into separate levels. We want to do a more -- I guess the concept level design for those sections that are higher in the five year work program from both a priority standpoint and based on its scheduling. And the remaining sections will be developed to a scoping level with the additional traffic analysis to determine the future cross-sections and this will provide us with a concept footprint for those sections. One thing you will note in there is the Maple Grove to Cole section was not included in the five year work program, but we did recommend it for the concept analysis detail due to its high priority ranking. We also discussed transit along this corridor. The team was asked to consider future light rail, bus, rapid transit, or street cars for Fairview Avenue. The team evaluated these options and does not recommend advancing those with our concept design. These options are not consistent with Communities in Motion and are not compatible with Valley Regional Transit's plan. The project team's recommendation was presented to the Compass regional technical advisory committee on February 27th and they concurred with our recommendation and the recommendation will be forwarded to the Compass board for their meeting on March 17th to discuss this item. We do -- we will incorporate the future bus plans, though, for this corridor. The Valley Ride has -- or Valley Regional Transit has set out. One thing that's going to be important for this corridor is the intersections and with the concept design we are going to evaluate all the major intersections and this will include ones that have recently been improved as well. One reason for that is we want to identify those intersections that are projected to have a level of service F in the year 2030 -- roughly 2035 as well, too. We want to do that, because there are some intersections that have been recently improved, but they may not -- they may not have capacity in that future year and we want to identify those. We also want to look at various options for those, because there may be some circumstances where some additional corridor preservation may be warranted or needed and also the selecting of the preferred configurations for the intersections, we are looking for adoption by both ACHD and the city for the intersections. The screening options -- the third -- or I guess the fourth page of your handout there has a sheet that we put together, the project team did, we have got a number of assumptions that we have for the corridor and we also list roadway options and intersection options that were analyzed and I don't want to go through it and read all those, but if the Council and the Mayor has specific questions I'll address those. I think the biggest thing we wanted to get out of this is for the majority of the corridor, the three options we are looking at pursuing are -- and this in your map that I handed out also. To analyze the seven lane section for the entire corridor except the portion from Curtis to Orchard in Boise and I think that's one thing for the Council here and the Mayor tonight, too, is with the designation of Cherry Lane west of Meridian as a mobility Meridian City Council Special Meetin/Workshop • March 11, 2008 Page 18 of 67 corridor, the one thing that I think will be important or helpful to me is if the Council sees that the highway district should not include a seven lane configuration for that portion of the road. One thing we were looking at the right of way that we currently own right there, it's only about an 80 foot section for that whole stretch, so going to something beyond a five would require additional right of way and that may not be a desire of the city. So, that's one thing I'm kind of looking forward tonight if you have a recommendation on that. The other options were, then, to analyze the whole corridor as a five lane section. The traffic numbers that we are looking at from the very high level don't look too favorable for the majority for keeping the five lane section, because the traffic numbers are much higher than what a five lane section can handle, but we do want to -- we do want to look at that as one of the options we cant' forward. There may be some benefits to -- we anticipate some benefits in looking at that option as well. And, then, we also had one to the seven lane BAT section, which is Business Access and Transit lands. That's an option we want to take forward that could provide some additional capacity in those through lanes, that it would provide access -- better access for businesses there and also for the transit to function in those outside lanes. So, that's something we want to pursue. And I think I already mentioned, too, on the intersections, too, those intersections we want to look at just kind of the conventional approaches that we normally have, but we -- our assumption, though, too, is there are some intersections that may not -- may not be able to have adequate capacity with just the conventional capacity with just the conventional layout and we know that Compass has just gone through an exercise looking at some high volume intersections for this region. Both the Fairview and Eagle and the Fairview - Curtis intersections and within the limits of this project that were analyzed by Compass. One thing we want to do with some of those intersections that are showing that there is capacity constraints, we do want to look at some -- the high volume intersection options, too, as potential options. guess that's all I have. So, I'm open for comments and questions that the Mayor and the Council may have. Rountree: Comments? Questions? De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I just can't be quiet. I just can't support a seven lane freeway through the middle of town and, you know, I guess my question is have you modeled connectivity on Ustick, McMillan, Franklin, Overland, and Victory as transportation corridors moving traffic both east and west to help distribute the traffic demands in that? Right now we have Fairview and 1-84 that function as an east -west connected corridor. Even Franklin isn't even connected five lanes. So, how do you model that when you don't have any functional east -west corridors? Kemmer: Mr. President, Madam Mayor, one thing we did during the first phase, we did ask Compass to do a model run where if Fairview was constrained to a five lane section what would that do to the other roads. It wasn't favorable to say Ustick and Franklin. Meridian City Council Special Meeting / Workshop i March 11, 2008 Page 19 of 67 And another thing, too, that we -- that's going to be a consideration we have to look at is Fairview getting the designation of a mobility corridor, the anticipation is that it will handle additional traffic, higher than say the Franklin and Ustick. But its use is a little bit different and I guess another thing, too, is there is just a lot of cars that are projected for this corridor and they need to go somewhere. It's one of the trade-offs we are looking at if we don't -- if Fairview isn't widened, it will have impacts on other corridors, so that's some of the trade-offs that will have to be looked at when we go through our analysis of some of these options. The one thing, too, that we can look at is there may be an opportunity -- and I can't promise anything, but in looking at the intersections, if the intersections are built out to such a point, what does that do to the capacity on Fairview. So, that's one thing we want to look at is are there some sections that may be able to handle a five lane section with intersection improvements. So, I think right now that's -- part of our thing is to analyze that to have that information presented, so we can look at some of those trade-offs and the --what are some of the realizations of just where does all that traffic go. One thing we have also heard, though, from a lot of the constituents that we have dealt with, they don't want the traffic on Ustick. We have heard that loud and clear. Don't put it on Ustick. They want it on Fairview. So, I think there is a recognition from the public and from the stakeholders that we have heard that they want the traffic to be on Fairview. So, I guess in the first phase we did do that, look to kind of see what does it do if we constrain Fairview to a five lane section. And it does push traffic onto the other corridors that may or may not be able to handle -- to handle that additional traffic. De Weerd: Well, the planning staff can correct me if I'm wrong, but I don't remember anywhere in a comp plan that contemplated a seven lane road on Fairview and certainly if you do that, we will have asphalt, then, a curb, and, then, asphalt in parking. That certainly hasn't been the vision of our community and certainly is a major concern in that area. Especially the area probably west of that Fairview -Eagle Road intersection. So, I don't -- I know what ACHD's vision for that was, but when we updated our Comprehensive Plan in 2002 it wasn't my impression anyone was stating that was going to be a seven lane road. Kemmer: Okay. Mr. President, Madam Mayor, one thing to also consider, though, is the capital improvements plan that ACHD does have, it has Fairview as a seven lane road for the past I don't know how many years. All new developments that have been coming in, they have been preserving a seven lane footprint. I did mention that it's about an 80 foot right of way when you get west of Meridian Road, but when you started heading east from there, we already currently own in the range of 110, 115, 120 feet of right of way already. So, it has been planned from a development or a corridor preservation standpoint that they are getting a seven lane section. Every new development that comes in -- that has come in is coming now and will come in before this concept design is done. They are acquiring the footprint for a seven lane section. So, when I hear you mention that it may not have been the vision, that's been the highway district -- in their capital improvement plan that is what's laid out for this corridor. But one of the things about doing this concept design is to take a deeper look i • Meridian City Council Special Meeting /Workshop March 11, 2008 Page 20 of 67 at that and figure out what's appropriate. But I just did want to mention that is what has -- being preserved for that corridor currently. De Weerd: And can you tell me -- Mr. President? Rountree: Madam Mayor. De Weerd: Can you tell me what the reasoning of not considering public transportation down the center in a fixed route, more the street car concept, along Fairview? Kemmer: It goes back to what I mentioned before, the recommendation of -- in our working with Compass and also with Valley Ride. Valley Ride doesn't have it in their plans for a system like that and they also are pointing out that it's not consistent with what Communities in Motion has indicated where they see the rail corridor handling a lot of that function. They saw Fairview Avenue being for the increased bus service, with a 15 minute headway and -- De Weerd: So, in your modeling was the rail corridor considered as another route to move a large number of people? Kemmer: Was the rail corridor considered? De Weerd: Uh-huh. Kemmer: From the context of that's what Communities in Motion has adopted, the recommended -- where that type of service -- transit service should be. So, we did -- you know, from a high level analysis we are looking at does -- does it make sense for Fairview and the project teams' recommendation, which it doesn't based on Compass, based on Valley Ride's plan, based on just how well it fits in with the other things that are currently in the pipeline. De Weerd: I guess I need to restate that question, Mr. President. Rountree: Go right ahead. De Weerd: So, if the rail corridor was functional, that would not take demand off of Fairview to reduce the need for seven lanes? Kemmer: The -- in the modeling by Compass, it does have those -- that use in their already when they are modeling. If they have got the rail corridor in there, there is an assumption that will take so many trips off of, you know, the surrounding roadways. But we didn't do a very high -- we didn't do a very detailed analysis of what would -- you know, if did BRT or some other things on Fairview. This is from a very high level of analysis. And that was the whole point of this first phase was to go through and analyze options for this corridor to see what made sense to cant' forward and we are not Meridian City Council Special Meeting Workshop • March 11, 2008 Page 21 of 67 recommending those options being carried forward for the BRT, the light rail, or a street car on Fairview. Rountree: Any other questions? Bird: Mr. President. I guess -- I think you answered my question. You said excluding from Meridian Road to Linder that owned -- from Orchard to Meridian Road enough right of way for the seven lanes? Kemmer: Mr. President, Councilmember Bird, it's primarily on the portion within Meridian where -- as was mentioned, we have got 110, 108, 115. 1 was mostly focusing on the portion that's in the -- within the City of Meridian. As we move into Boise, we are much better when you get between where the city limits are for Meridian and say about Milwaukee, through redevelopment much of that has come in. Not all of it, but to a greater extent than when you continue heading further east between Milwaukee and Curtis it is a lot tighter, a lot more constrained. So, I was referring primarily to the section within Meridian. Bird: Okay. I misunderstood you, then. Kemmer: Okay. Bird: Follow up, please. Rountree: Mr. Bird. Bird: And you made a statement about Ustick. I disagree. I think that Ustick should be one of the major east -west corridors, because it goes the farthest. What you're doing on Fairview -- if you come down with a five lane, once you get to Black Cat, you're cutting -- we are doing the same thing that we are trying to solve right out here on 1-84. You're coming from a five lane to a two lane. So, when you get to Black Cat, you lose your mass deal. I think we are -- and I know why you're getting -- where you're getting your complaints on Ustick. It's about one mile in Boise. Rountree: That's one of our suburbs. Bird: It's one of our suburbs, so -- you said that first. But I really -- and there -- there is so many accesses on Fairview Avenue, having driven that for 42 years in business back and forth, I mean in 1962 it was dangerous because of all the accesses. I mean every - - every retail outlet has an access to Fairview Avenue. So, I don't know, I -- while I like the improvement on Fairview, I really got some concerns of how much traffic you want to really push down it. De Weerd: Mr. President? Rountree: Madam Mayor. Meridian City Council Special Meeting•/ workshop • March 11, 2008 Page 22 of 67 De Weerd: I guess, you know, what I'd like to see is, one, the other corridors built before this -- a dollar is spent on engineering and design on this. I also would like to see if at some point we can get an existing right of way map, so we know where you do have the right of way and where you don't and what that means in landscape setbacks and are we going to just have pavement, curbing, sidewalk, pavement or what we are creating in that area and a little bit more -- and how you're going to integrate the concepts that you're developing to the TLIP and how that can apply to -- to use in this area. And update -- I'd like to see the modeling numbers. If they use the rail corridor in their numbers, I guess I'm a little bit perplexed as why there is still such a huge demand on Fairview, especially if these other corridors are functioning like they are supposed to. And Mr. Bird is correct; I mean Ustick is the only one that goes clear down to Marsing. So, I'm concerned about a seven lane road. Rountree: Comments? Questions? Borton: Mr. President? Rountree: Joe. Borton: Briefly, Kendall, this is great. I won't -- I won't beat you up as much. I agree with lots of the comments, with the exception of Councilman Bird's comments about Fairview in '62. Don't have any comment on what Fairview was like. Bird: You weren't even born. Borton: I don't know what it was like in '72 either. Rountree: It was there. Borton: One of the questions when you talk about some of the engineering work that you're doing, it seems to all presuppose that TLIP and ACFO that is I presume intended to follow is a sure thing and if that's not the case, then, this analysis sort of goes out the door. Is that fair to say? Kemmer: I'm not sure if it -- when you say it goes out the door -- I think what we have been trying to do -- well, this has been part of the hard part I think of doing these type of concept designs is for the past however many months or a little over a year, TLIP has been evolving. The one thing we have tried to do in the first phase -- you know, it's -- we have worked with your staff trying to make sure that we have got a clear picture of what the land use goals and aspirations for the City of Meridian. We have done the same thing with Boise, too. We have also tried -- we have done checking ins with our team members at ACHD who are more involved in the TLIP and we periodically check in and say here is where we are at, are we within what TLIP is working towards, are we outside of the bounds -- so, we have been trying to stay touch in with them and making sure that we are in line with where things are going. But it has been very difficult in Meridian City Council Special Meeting / Workshop March 11, 2008 Page 23 of 67 some extent with some of these things that are not quite finalized yet. Even the recommendation of, you know, the mobility corridor, the designation of the typologies west of Meridian, you know, that's evolving while this process is going on. It's kind of funny that -- you know, working with the city, that came after my first memo to our Council -- or our commission and, then, we met with Boise and, then, we met with you. So, things have evolved even after I put this first memo together. So, what we are trying to do is trying to get some transportation to match the best we can. De Weerd: Stop the moving target. Kemmer: And that's been somewhat difficult. I think what we are hoping for is we are pleased with the progress that TLIP is making, we look forward to getting resolution on that, because I think once we have that in place, it will surely help define some of the limitations, the limits of what we looking at, because, you know, we have been talking about these pedestrian zones, what ACHD pays for, what the city pays for, landscaping issues, those kind of things, we know that's something that we will work through and towards in the second phase. The sooner it gets done the better I think we are all, so -- and I don't know if -- I think you said something that if the ACFO goes away -- I think what we are trying to do is just trying to come up with a plan that fits this corridor best regardless of what happens with the ACFO, because we can't -- we can't control what happens -- what the final product looks like, how that all evolves. The one thing I know, my task -- move this project forward, you know, try to come up with the best thing that we can. So, some of that we are just trying to do the best we can in the situation that we are at right now with some of the uncertainties that are going on, so -- but we will be constantly checking in with our staff, the city staff, just making sure we are -- we are kind of where everybody thinks we should be from the TLIP standpoint. De Weerd: Well, I'm trying to remain consistent. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I just -- I want to commend the work that you're doing and appreciate that you are working very carefully with the staff of both Meridian and Boise. That being said, there are some constraints that we need to continue to be aware of. You are looking out 20 years, not concerning either full build out of Meridian and Boise and your consideration stops at the county line. Unfortunately, that's all ACHD is responsible for. The capacity needed in Meridian has to consider what Nampa and Caldwell are doing and I don't know how you can step across the county line and figure some of that out. Maybe asking Compass, I guess, but we are vastly unprepared if we don't look longer than 20 years and farther than just the county and I realize that's beyond your responsibility, but it scares me. Meridian City Council Special Meeting / Workshop • March 11, 2008 Page 24 of 67 Kemmer: Councilmember Zaremba, yeah, I appreciate your comments and I know have been at other meetings where I have heard you express some of the things and do appreciate that. I think you have expressed -- Zaremba: I do keep saying it over and over. Kemmer: I forget where the meeting was, but I know you'd like to see going out 40 years, something a little bit longer than that, and I know there are discussions going on with Compass with some of those -- looking out longer. You know, the one thing, too, there are limitations to the model, but, fortunately, that we -- the Compass model that we have is both Ada and Canyon, so hopefully we can incorporate or they can capture some of those trips that are doing the cross -county, but there are limitations, obviously, so -- and some of that, like you said, too, is kind of outside of our purview, but I think we try to do what we can within the limitations of what's before us. Zaremba: Thank you. Kemmer: Yes. Thank you. Rountree: I have a couple comments. I'm looking at your screening process and I think you have done a good job. I'm particularly interested in your parallel connectivity or access control options, particularly raised median. I think a lot of these things will squeeze a lot more capacity out of this facility. It may very well be at some point in time when you start looking at frontage and back -age roads, we are not looking at seven lanes, but we might be looking at some combination of lanes and capacities in that corridor. One thing that concerns me in the things that you have thrown out is the grade separation, particularly when you talk about high volume intersections. I know they are expensive, I have built a few. But when you start talking about real estate, the businesses that are potentially impacted, it may, in fact, be an option that you want to fall back on. So, I wouldn't rule that out entirely. I wouldn't put a big red no there. I might put a big purple maybe. I think it's something that you need to value engineer, particularly when you're looking at 20, 30 year volumes. And you asked specifically about comments on Meridian to Linder. My comment is that Meridian, Main, and Fairview is a tough nut to fix and in 30 years it's going to be even more difficult. I really and truly have thought about that a lot and I haven't figured out a solution yet that's not fiscally constrained. Kemmer: Are you referring to the stretch of Fairview between Main and Meridian? I want to make sure I'm -- Rountree: That stretch in there. Kemmer: Okay. Rountree: From Meridian to Linder I think, depending on what you do with the rest of Fairview, that certainly needs to be a transition zone, but I would like to see it more in • • Meridian City Council Special Meeting / Workshop March 11, 2008 Page 25 of 67 the five lane and with a median, a fixed continuous median. The other thing I'd like to see the county step up to -- or ACHD step up to is community identify. We are talking about Boise and Meridian on Fairview, we are talking about Fairview coming into the heart of our downtown. Our downtown plan anyway is for a great place to come and visit. It's not there yet, but we are working on it, and we got plans, ACHD has those plans, and I would like to see whatever is done here, even if it's a mobility corridor, whether it's Boise or Meridian, that that community identity needs to be a prominent feature in this roadway and I know the feeling of ACHD about landscaping and who is going to pay for it and who is going to maintain it -- and I have some strong feelings there as well, but I think we cross that when we get there, but I think it's something that needs to be taken account of in the concepts. Kemmer: I appreciate your comments, Mr. President. The one thing that I was going to say -- one thing nice for me on the stretch of Fairview between Main and Meridian, that is being handled through the split corridor phase two, which is on a faster track than what we are on and I think that's good in some ways. So, they are trying to wrestle with those issues with that very tight, very short stretch between, you know, two signalized intersections and I know they are evaluating those options and I do check in with the project manager on that just to see where they are at, because what happens there is going to impact our work, then, too. And I appreciate your comments, too, on the landscaping. I can convey your comments and feelings. I think for staff it's kind of nice somewhat -- not that I'm totally neutral, but our job as project managers, bring those ideas forward, bring those out there, let's get them out and let's see if we can get some resolution figured out something that works for all agencies. Rountree: It's stuff for future dialogue. I mean we need to talk about it. Kemmer: Yes, sir. Rountree: We can't just put our heads in the sand. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess in light of that, how you can tie that -- that Eagle - Fairview intersection with some of the designs they have on the Eagle corridor and that is one of the identity things with -- ITD really worked with us and how you can have a sense of whatever municipality you're in and we did that through identification with the street lights and so that might be something that you can do along that -- that entry and exit from Boise into Meridian is -- is use that through street -lighting or a boulevard treatment or something. But if you can include some of that into that design. That intersection will be a challenge however you do it. Kemmer: Yeah. And, Mr. President, Madam Mayor, the one thing that -- you know, obviously, as we are going through the concept design, we are not doing final design on Meridian City Council Special Meeting Workshop • March 11, 2008 Page 26 of 67 any of these stretches there, but identifying those issues and concerns, because things like that are very important at this stage, because we will need to know and be aware of those as these individual sections move into final design, to at least have a better idea of what the city's vision is, so we can work with your staff to try to make those things happen, so I appreciate that. De Weerd: Well, that message was for staff, then, too. Rountree: Got any other comments, questions for Kendall? Thank you for putting up with us. Kemmer: Oh. Well, you're welcome. I appreciate the opportunity and we appreciate working with your staff as well, too. De Weerd: Like I said, Mr. President, I'm trying to be consistent in my comments I gave you in our interview, too. Kemmer: Yes, ma'am. Thank you. Rountree: Thank you. Matt, the agenda. Ellsworth: Mr. President, Members of the Council -- De Weerd: Mr. President? Rountree: Mayor overrules. Mayor. (e) Update on Heritage Ball Fields — Steve Siddoway. De Weerd: Matt, if you don't mind, we do have members from the school district, if we can kind of swap this one and theirs, so that our guests don't have to sit through another agenda item. I know we are very exciting, but I'm sure they would appreciate it. If we can just swap those two items. Rountree: I don't have a problem with that. If that's the will of the Council we can do that. Bird: I have no problem with that. Rountree: Okay. Zaremba: I agree. Rountree: Take a break, Matt. Thank you. Ellsworth: Thank you. • Meridian City Council Special Meeting / Workshop March 11, 2008 Page 27 of 67 Siddoway: Ready? Rountree: Uh-huh. Siddoway: Mr. President, Madam Mayor, Members of the Council, you should have with you a packet that includes a copy of the current draft agreement for the Heritage Middle School ball fields. This is something that's been worked on for some time and in the couple months since it reached my desk I have been working with the school district, we have worked out several issues regarding field scheduling and things like that and have agreement on the vast majority of the agreement. There are two outstanding issues that we here are tonight to seek your direction on. Those two issues are, one, the reimbursement amount and, two, the term of the agreement, the number of years. In the packet that you have -- let's see, I'll take those in order. First I'll address the reimbursement amount. The -- Exhibit B, towards the back of the agreement, has a list of -- a summary of costs that the school district has documented to the tune of just under 280,000 dollars that they have requested reimbursement for. As I have been researching the approved budgets to date, I have a couple of handouts. So, the first item -- the reimbursement amount is addressed in the agreement on page two of 15 and, then, the documentation of the school district cost is in Exhibit B towards the back. And, then, as I have looked through our own budgeting process, what I have found -- there was 200,000 dollars -- an even 200,000 dollars that was approved in 2006 as part of the '07 budget for lighting of the Heritage Middle School ball fields and I think that's the number that has stuck in most everyone's mind is does the amount, at least in terms of the city's commitment towards this -- in '07 in the budget enhancement with the few lines highlighted on there, what I found that last year there was -- there was discussion and budget approved for an emergency access road. Originally, 37,000 dollars had been requested, 30,000 of that was removed and 7,000 total of that was approved. The middle item that's highlighted is for bleachers and dugout benches and the school district has already put in the dugout benches, but not the bleachers, so approximately 3,000 dollars of that 15,000 dollars had been intended to go toward dugout benches and they are currently installed. So, as I look at this approved budget, I find that there is 200,000 dollars for the lights, 7,000 dollars approved for an emergency access road, and 3,000 dollars that were approved to go toward dugout benches that could very easily be agreed to, based on currently approved budgets, to reimburse the school district for work that's already been done. They have had other expenses and there are representatives here from the school district tonight, both Scott Stewart and Wendell Bigham here to address Council regarding those expenses and to get your feelings as to, you know, whether some of these costs could be reimbursed or not. So, setting that one aside for just a moment, the second issue that I want -- that we want to get your input on is the term of the agreement and it is Section M on page eight of the draft agreement. In short, the school district would like to have the term of the agreement be ten years. We would prefer to have the term of the agreement be 20 years. What I am proposing as a proposed solution that I'd like your feedback on is what's currently written is that the -- our investment in that property be amortized over -- over ten years. So, if the -- if the contract were ever terminated in less than ten years, there would be a Meridian City Council Special Meeting /Workshop March 11, 2008 Page 28 of 67 reimbursement to the city of our funds and that amount that would be reimbursed decreases by ten percent every year for up to ten years. I would -- right now I would say that that stay as written, but that we write the term of agreement as a 20 year agreement to show our intention to have this -- have this agreement extend beyond that and to -- to continue this forward. So, I would propose that the term of the agreement be written in as 20 years. Item N, Section 3, addresses the ten percent per year and that's already written in the way. So, I would seek your direction on those two issues. First, the reimbursement amount. We clearly have an intent for 200,000. 1 have found through approved budgets 210,000, and the school district would like to address Council on potentially more. And, then, the second item, then, the term of the agreement, ten years versus 20 years, or the compromise I discussed. So, with that I will either stand for any questions or invite the school district up. Thank you. Stewart: Mr. President, Madam Mayor, and Members of the Council, my name is Scott Stewart and I am the district activities and athletic director and so I'd like to just speak to some of the -- the table that you're looking at there and provide you some more information that our offices have gathered for you. And a couple of those will be some site plans to describe a little bit about -- that first table you're looking at -- and I'm not sure -- it's the one that has the broken down costs and I don't know if you're able to see that. I'm not sure what you're looking at. Do you have that? But it's also in this packet. But the first initial discussion I'd like to start with is that initial grading, irrigation, and fencing changes and that was -- as you will see in the site plan, the change from the original design of the Heritage Middle School, when we went through that concept of changing the design to include the softball complex with five -- five softball fields and you will see the changes there. And that was -- that was after a point where I know working with the park and rec department, as well as our district, we were facing some discussion out there with -- so, getting back to that table there, that's the initial redesign. As I was speaking through -- at the same time the district was having some issues of possible inquiry into discrimination based upon the gender of the participation of softball and baseball comparability within our district and facilities, the parks and rec were also dealing with the same issues. And so that's sort of where our -- the discussion started with the redesign and that explains the redesign costs, the change from -- you see the large site map where you have a baseball field and I believe there is three softball fields in the comers of the facility, that was the original design and, then, there was the changes to that design that shows this cost where we made the cloverleaf pattern of the softball fields, as well as the additional fifth field. So, that explains those costs there of changing the site plan. Speaking to the emergency access road, you know, that was just something that came up once the design was changed of the requirements in order to have that emergency access and the expense of that. So, that really touches the base of those costs that were incurred in creating this facility. And I also wanted to speak to the purpose of the -- of the -- the use agreement and coming into this position I found that when working with the city and the school district on shared, you know, facility use of our school district properties, we weren't very clearly defined of expectations on both sides. This priority usage and use agreement will allow us to do that and it will also allow us to have an agreement that gives us some backbone in the district for priority use. The programs that are being ran through the recreation • 0 Meridian City Council Special Meeting / Workshop March 11, 2008 Page 29 of 67 department are within our facilities and I'm getting so many more requests from upstart programs that want to come in and have priority and jump right over top. Starting with this softball complex and developing an agreement for the joint use of our facilities, it's going to allow us to have some backbone to identify that the recreation programs do have priority in facilities and, then, there is an order of priority. And so that is the start of our priority use within — with the parks and rec department with the recreation programs that are going to be ran within our facilities. I'll answer any questions if there are any out there. Bird: Mr. President? Rountree: Mr. Bird. Bird: Scotty, I'm talking as a taxpayer, not a councilman. What -- and Wendell might have to answer this. What kind of acreage is this compared to Sawtooth? Because they are, basically, the same square footage. Stewart: I believe the acreage is both 40 acre -- Bird: Both 40 acres? Okay. How many middle school softball teams do you guys have? Stewart: Councilman Bird, there are no middle school softball teams or programs within our district. One of the questions -- or your prior question about the size of the facilities, that has been revisited about what is necessary for a middle school acreage and, then, that has been shrunk down because of the -- the programs we do have on an outdoor facility. Bird: Yeah. At a hundred thousand an acre, yeah, I'm sure you don't get anymore acres than you want -- than you need. As everybody probably knows in this room, I have a problem as a taxpayer when we in the City of Meridian have at least four or five softball fields that aren't being used fully and are not lighted, the only lighted fields we got in Meridian has been done by outside sources — has not done it. I -- did we come to you guys -- did the city come to the school district asking them to put this in? Stewart: Mr. President -- Bird: Do you know? Stewart: -- Madam Mayor, Members of the Council, I don't know that -- that answer. Bird: Okay, Scott. De Weerd: Mr. President, I know that answer and it's, no, we didn't. Bird: Okay. I hoped that's what it was. Anyway -- Meridian City Council Special Meeting Workshop • March 11, 2008 Page 30 of 67 Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: This may be a small issue, but you mentioned third -party requests to use these fields. If they are using the lighting and electricity, are they paying anything to recover that? Stewart: Mr. President, Mayor, and Members of the Council, within the agreement -- once we have the use of the facilities during the school day, we virtually are turning over the facilities to the city to run recreation programs or to schedule groups out of, where I believe it's in there, fees will be able to be charged for those clerical responsibilities or even utilities, I believe. I mean that's something that's left up in the agreement there -- it can be discussed at a later point, but once we turnover the responsibility, it's the city's fields to operate and run. Zaremba: Separate question, Mr. President. Rountree: Mr. Zaremba. Zaremba: Do you have a -- would you have heartburn with this being a 20 year agreement? Stewart: Mr. President, Madam Mayor, and Members of the Council, me personally I don't see an end date on this agreement. Now, I know the employee of a -- who I represent, they want to have dates, but this is going to be something that I don't ever want to see an end to the agreement and that's something that, hopefully, 20 years I may be the only one there and can uphold that agreement and so my plan is that 20 years -- that was something we can take back, you know, to our superintendent and members of our school board, but I have no problems with that. Zaremba: Thank you. Borton: Madam Mayor? Rountree: Mr. Borton. Borton: Sony, Mr. President. Rountree: That's okay. Borton: I might have a different -- a different tact on this. I'm not necessarily inclined to go back and try and second guess, you know, what we did or why we did it. I agree with the Mayor as to where this started, but I remember a discussion about -- with regards to efficient use of taxpayer dollars is this is a rare -- hopefully a first opportunity • • Meridian City Council Special Meeting / Workshop March 11, 2008 Page 31 of 67 to really leverage the district's and the city's need and desires and assets in a partnership like this. Basically, what the city's provided -- I remember this discussion earlier for 200,000 or 280,000 -- even at 280,000 dollars is a four field lighted softball complex with priority use to provide some new recreational opportunities, which we don't already provide. We kind of went through that when we thought the 200,000 dollars was a good idea. You couldn't build this -- you couldn't buy the dirt and develop and build this type of facility anywhere close to that. So, I understand the concerns about -- about use, the district's taking a big risk in trying to partner with us. If it's a simple -- again, I don't like to negotiate these things on the -- on the record, but if it's as simple as splitting the baby, that's fine with me, I can tell you I don't have heartburn with at 280 and I know that's probably just me, just because I know what the city's getting. I do agree that 20 years would be much better if we went that route. Whether it's 240 and 15 years -- again, I don't necessarily like to try and do this sitting here on the public record, but those are at least my thoughts. I think it's a huge benefit to the city and I don't -- and a good sign of what can happen as we go forward with future facilities. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: You have given it 280,000 dollars if we ended up agreeing to 20 years, we are talking about a cost to the city, even though it would be paid up front, the overall cost is 14,000 dollars a year for exactly what Councilman Borton has said is worth a whole lot more than that to the city. Rountree: Further comments? Bird: Mr. President, I'll make one comment. I know it's important we have play facilities, but we don't seem -- we don't fill up the existing softball fields we got, so I don't -- you know, so let's don't get me -- don't come down the road that way. Rountree: I guess my comments are more pragmatic. Not what we are getting or what's getting done to us, but it seems to me this was a business arrangement and our business arrangement said this is what we were going to do. I don't recall anybody ever coming to the city and saying we need more. The only discussion I heard along this -- with this project is that we had some issues with an access road. Our budget reflected some additional monies for an access road. The access road was due primarily to the city ordinance requirement and fire safety. I just, from a practical standpoint, don't like and don't go along with all of a sudden it costs us more in -- we are here to pick up the difference. That's just my personal opinion. If there would have been a dialogue along with this a year ago or a year and a half ago, saying, hey, we have got some additional costs and do you folks want to weigh that in your budgeting process, then, to me that's fair. But to come at the end of the deal -- and from what I heard, kind of coming on a little strong, that the city owed more money and I don't think we do. I think we made a good faith deal. We budget the money and that's what's on the books. That's my position. I don't disagree with what Joe and David say, it's a good deal for the folks, but Meridian City Council Special Meeting /Workshop March 11, 2008 Page 32 of 67 -- I don't disagree with Mr. Bird either. We have some of our own facilities that we could have spent the money on and made them better and more playable as well. So, I guess I'm at the spot now if we take a vote on this you know where I'm coming from, that I don't support an increase. Bird: I don't either. Rountree: So, I don't know if that's what Scott's asking for, but I can appreciate that. I can give him credit for coming up here and asking. Stewart: Mr. President, Madam Mayor, and Members of the Council, the request I'm -- the sheet I have with the table is dated March 9th, 2007, and I'm not sure if you have correspondence -- there was a letter that previously states -- is it dated as well? When that -- where it was corresponded? De Weerd: July 20th. Stewart: July. So, there was some previous fire correspondence and I know -- I have been working on the agreement a lot longer than I ever anticipated it would ever take. Started out really nice and, then, ended up in attorneys' hands -- nothing wrong with that, but -- Rountree: You don't have to apologize. Nary: Careful. Bird: There is three of them in here. Stewart: You know, I did work with Mr. Strong at the time -- I believe about a year and a half ago starting this process and having some discussion as these things came forward, but I understand and just thank you for the opportunity to be here and present. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: You know, when we got the letter in July of -- July 20th, I did respond saying I was only authorized by Council to spend the 200,000 as was requested during our budget process the year previous by Superintendent Clark. And so when I responded at that period was the only amount we had authorized spending. Mr. Strong did bring a budget request through our typical budget process that does reflect probably some of the discussions that you had and, again, I go back to when the discussion was inadequate facilities on gender related type of things, Meridian didn't have a gender related issue. We wanted to be a partner and that was this women's softball -- fast pitch softball was going to do a lot of the stuff that is in this budget request. We were going to do the lights and the school district was going to do the field stuff. The discussion that Meridian City Council Special Meeting /Workshop • March 11, 2008 Page 33 of 67 we had about that emergency access road, our fire department said probably 7,000 of that is related to the ball fields. The rest of it is related to the football field and the need to have our large equipment closer to the football field to respond to that and that is where the City Council came up with the 7,000, instead of 37,000. And we can pull the minutes that reflect that discussion, but those -- those kind of were the areas that -- that this Council made commitments and anything outside of what happens here, you know, I don't know what your discussions were, but that is what was authorized to staff and our parks director has inherited this as probably have you, so -- Bird: Mr. President? Rountree: Mr. Bird. Bird: Scotty, can I ask you one more question? Or Scott. Rountree: It's tough having grown up in the city. Bird: Well, he was my neighbor kid and I have known him since the day he was bom. De Weerd: Probably played football for him, too; right? Bird: No, he didn't play for me, but he was good. Now you made forget what I was -- oh. At the new Rocky Mountain and Meridian school and Mountain View, how many softball fields -- lighted softball fields do you have there? Stewart: Mr. President, Madam Mayor, and Members of the Board -- or Council, we currently have lit softball fields at Mountain View High School and Meridian High School. And those are the only fields that are lit, other than the -- and the new Rocky Mountain High School will be the third. Bird: Those are the three schools that are in our -- in the City of Meridian's jurisdiction? Stewart: Right. Bird: Now, what do they -- who plays on them in the summer? Stewart: Currently they do have club teams that will come over and play and we take requests and we will have club teams that will play and practice on those, but no organized leagues. Currently at Meridian, the new facility at Rocky Mountain hasn't been developed and I do believe Colin Moss has had an organized softball league over at Mountain View the last year or two. Bird: Okay. And -- okay. Thank you. Rountree: Further comments, questions? Steve, are you asking -- are you requesting an action on this? Is this for information, a future action? What was your desire? Meridian City Council Special Meetin• orkshop is March 11, 2008 Page 34 of 67 Siddoway: The actual agreement will come back before you, but I'm seeking your direction as to what numbers we should plug in for what we bring back to you and, specifically, if I could ask you, Mr. President, if you would prefer not to see an increase, is that based on the 200 even or the 210 -- I'd just like to clarify that. Bird: Mr. President? Rountree: Mr. Bird. Bird: I believe we authorized 271. Rountree: Well, if you look at our budget notes, it's actually -- there was another 3,000 for seats. Bird: Two hundred ten. Rountree: Or bleachers. Siddoway: Yeah. Three thousand for dugout benches. Rountree: So, that would be 210. Siddoway: I have found up to 210 of currently approved dollars for the items that have been done out there to date. Rountree: And you also needed direction on the time -- Siddoway: The term of the agreement. Rountree: -- the term of the agreement. Siddoway: Yes. Rountree: So, do I have a motion that addresses those? De Weerd: Mr. President, I guess just clarity. Two hundred and ten has been spent, but was the dugouts part of the budget approved by Council? Siddoway: Yes. De Weerd: But it hasn't -- they haven't been put in. Siddoway: The dugout benches have been put in. The bleachers have not. So, the line item says 15,000 for bleachers and benches, but only 3,000 of that 15 was for the benches. Meridian City Council Special Mee tinWorkshop • March 11, 2008 Page 35 of 67 De Weerd: So, you would want the amount reflected in the agreement, not just the amount spent. The amount -- Siddoway: Right. We -- I think it's -- it's kind of independent from what's been spent. It's just for that item of benches, we had -- we had budgeted about 3,000 dollars -- we had budgeted 3,000 dollars for that and since they are already installed, we could reimburse the school district for that installation based on the existing approved budget of 3,000. De Weerd: But you had also budgeted bleachers. Siddoway: They did spend more than that. Which we still will be putting out there. De Weerd: Okay. So -- but in the agreement, which -- what do you want in the agreement, the 210 or the 200 and whatever that would be? Rountree: Madam Mayor, let me -- let me interrupt. If I understand Steve correctly, he's looking at the remainder of that budget item be spent by the city for bleachers. Siddoway: Yes. The remainder of that item would be spent by the city for bleachers. That's correct. De Weerd: Not reimbursed. Siddoway: Not reimbursed. We will spend it ourselves. Yes. Rountree: Okay. Motion? Borton: And Madam Mayor, I'll make one. I don't know what kind of -- Rountree: Mr. Borton. That's all right. You will be right -- you will be right on next week. Borton: Mr. President, I would move to approve continuing with this contract on those two issues and these two amounts and I will tell you why. For reimbursement and expenditure up to 240,000 and a term for 15 years. For the reasons previously stated, I'm particularly interested in the good will and the relationship of the district in this project on this one and going forward with future opportunities like this. So, that's sort of a split the baby analysis. It's not the most scientific, but it's one I'm comfortable with. Zaremba: I'll second it. Rountree: It's been moved and seconded. Rountree: For discussion. I have some -- Rountree: Mr. Zaremba. Meridian City Council Special Meeting / Workshop March 11, 2008 Page 36 of 67 Zaremba: -- Mr. President. This wasn't mentioned earlier, but I think I would like to see added to that maybe some consecutive periods of mutual agreement extension. I don't know how to put that, but as an option. Rountree: A renewal option. Zaremba: Mutual option to renew or -- if that's possible. In five year increments or something. Forever. Siddoway: The language in the agreement states that upon expiration of this treatment the parties to this agreement shall make every effort to mutually extend the term of the partnership established by this agreement and neither party shall unreasonably withhold its consent to such extension. Zaremba: Covers what I asked. Siddoway: If you have -- we can work -- we can work on that, but that is our intent to have the type of language that you expressed. Zaremba: Thank you. Rountree: Further discussion? Does this require a roll call vote? Nary: Mr. President, Members of the Council, you're not approving the agreement, you're giving direction. You can do it by voice vote is fine, because you're not approving anything, other than directing staff -- a direction to bring it back to you. If they can't reach agreement, Mr. Siddoway is going to come back and tell you the money or the term is not acceptable to the other party. Rountree: Okay. We have a motion to approve 240,000 thousand dollars for the contract, with a 15 year term. All those in favor? Zaremba: Aye. Borton: Aye. Rountree: Opposed same sign. Bird: Aye. Rountree: Aye. We have a tie. So, Mayor breaks it. Nary: Mayor can break the tie. • • Meridian City Council Special Meeting /Workshop March 11, 2008 Page 37 of 67 De Weerd: I -- I would -- I would be in opposition and if I can explain it, I think it's probably been already discussed by both Councilman Bird and Rountree, but these are discussions we typically have before the expenditures happen, rather than after, and it puts Council and whatever program the parks department has upside down, you know, planning after the fact. And so at this point, again, until Council tells me differently, I have -- we have an approved budget amount and -- and I don't know where the 30,000 extra would come from, unless it just comes from maybe the 12,000 that you haven't spent yet, but that's what I would be -- I think that's what we have authorized to spend on this. I can't authorize an amount that hadn't been anticipated. Rountree: So, we -- De Weerd: And I appreciate the good will of the school district. I do. Rountree: With that vote the motion fails. MOTION FAILED: TWO AYES. TWO NAYS. MAYOR NAY. Rountree: I need another -- without a motion we have no direction, so -- Bird: I'll throw one out just strictly for a motion, because everybody knows my feelings and I hate doing this, because I think that we need to do stuff, but I think they can do like a lot of us have had to do is go find somebody to put it in for you. Anyway, I move that we direct staff to go towards this agreement with the school district with the two stipulations: Twenty year contract with option for another 20. Also, a budgeted amount of 210,000 dollars, as of 3/11/2008. Siddoway: Mr. President? Borton: Second. Rountree: I have a motion, I have a second. Discussion? Mr. Siddoway. Siddoway: Mr. President, I just wanted to clarify one point on the term of agreement, that a 20 year agreement and are you still okay with the amortization over ten years as currently written or are you asking me to make the amortization over the 20 year period? Bird: I don't care how you make the amortization. Siddoway: Okay. Rountree: Discussion? Okay. We have a motion for 20 years; I don't care about amortization, and 210,000 dollars. All those in favor say aye. Bird: Aye. • • Meridian City Council Special Meeting / Workshop March 11, 2008 Page 38 of 67 Rountree: Aye. Opposed? Borton: No. Zaremba: No. Rountree: Tie again. De Weerd: Aye. Rountree: Okay. Motion passes. So, you got your direction. MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE. (d) ACHD Agenda Topics for next Jt. Meeting on April 7, 2008 — Matt Ellsworth — Planning. Rountree: Thank you. Matt, thank you for your patience. That took a lot longer than I know you anticipated. Ellsworth: Mr. President, Members of the Council, the next agenda item is discussion of agenda items for the upcoming joint meeting with Ada County Highway District Commission and what city staff has been working toward, along with ACHD staff in preparation for these meetings, is to establish the agenda further out in advance, so that staff can coordinate with one another to provide necessary supporting materials to both City Council and to the commission in order to better focus the discussions and just to lend clarity to both bodies about the intent of each item, get everybody on the same page. So, to that end, in a memo dated March 7th, 2009, Pete Friedman outlines several suggested -- staff suggested items for the upcoming April 7th, 2008, quarterly joint meeting between ACHD commission and Meridian City Council, which I'll run through briefly with you and seek your input both on these suggested agenda items, as well as any additional items that you feel would be appropriate for that discussion on April 7th. So, the first one that Pete mentions here is an update on 3rd Street alignment study. That's one the city staff, along with MDC staff have been moving forward with stakeholder interviews, coordinating closely with Ada County Highway District on that. In general, just that the intent of this item is the progress to date, what we have learned so far, and the next steps moving forward and so forth. The second item that Pete mentions is a status report on the split corridor phase two, which I anticipate would be a fairly brief discussion. It may shake out to be more of a scheduling update by ACHD staff as to how things will unfold from here, how it's being coordinated with things like the Fairview corridor study, as well as the 3rd Street alignment study. They have somewhat recently kicked off a design for phase two of the split corridor, so there isn't all that much to report back on yet, other than the schedule at this time. • • Meridian City Council Special Meeting /Workshop March 11, 2008 Page 39 of 67 Rountree: Matt, on that particular item, I -- if they have got any -- even napkin level concepts for Main and Meridian Road, I'd like to see that and if they don't have any illustrations, if they could just verbalize some thoughts about how we solve that issue down there, I would appreciate just getting some of their initial thinking. If they have got it. And they may not. But it's a tough one. Ellsworth: Mr. President, Members of the -- Members of the Council, Madam Mayor, I know what they do have so far in the analysis that they conducted is traffic volume estimates, based on scenarios X, Y and Z, which I can certainly express interest in getting on the table for that discussion on the 7th. Rountree: Okay. Thank you. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: And I apologize before I say this, but I didn't hear what the first item was. With that noted, was that phase one of the split corridor? Rountree: Phase two. De Weerd: No. Phase two was number two. Bird: Yeah. Ellsworth: Mr. President, Members of the Council, Madam Mayor, the first item on Pete's memo was an update on the East 3rd Street extension and alignment study. De Weerd: Okay. I guess, Matt, what I'd like is if we could also get an update on phase one, because I understand that that was delayed from what we hear from Shaun Wardle is phase one -- it was supposed to be going out to bid and that's been delayed until next fall I think. So, I just would like to know the implications of that. Ellsworth: Mr. President, Members of the Council, Madam Mayor, that's something I'll touch base with both Shaun and ACHD staff about and we can certainly get that included on the agenda for the 7th. De Weerd: Thank you. Ellsworth: Thank you. The next item on Pete's memo is an update from the city to ACHD, really bringing them up to speed on recent adoption of the south Meridian comp plan amendment. As you recall the city and ACHD were working together to move forward both the land use plan on the city side and a transportation study on ACHD's side. What the city adopted deviates somewhat from the most recent model runs that were prepared for that south Meridian transportation study, so we were just going to call • Meridian City Council Special Meeting / Workshop March 11, 2008 Page 40 of 67 attention to that and figure out how to merge the two together looking forward. Also in light of TLIP and some of the other things that ACHD's been working on. And, finally, the last suggested agenda item on Pete's memo here is the ACHD growth alliance relating back to the ULI review of regionalism. So, that will be a good update for everybody in the room, to tell you the truth. That's not one that I'm all that up to speed on, so I don't have too much to report relating to it at this time. De Weerd: Shoot, I had a bunch of questions for you, Matt. Rountree: Matt, Pete and I talked about another item and I'm not sure where it fell, but that's the effort between our staffs to get together and work out some protocols and some opportunities to communicate better together and they have been working hard at that effort and they have got some agreements with ACHD staff on who is going to do what for whom and who are going to be our contract people and I would like to hear that from both staffs and I think the ACHD board would -- and commissioners would like to hear that as well. So, I think it's a good effort. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I would also ask to add an item and that would be an update from ACHD staff subsequent to the bid they received on East Park Center being, as advertised, lower than they expected it to be, coupling that with their cutting several high priority projects out of Meridian due to budget constraints, since they did get a better bid on the East Park Center bridge than they had in their budget, what Meridian projects are they putting back? Rountree: Mr. Zaremba, that's old news, but Matt can probably tell you what they did, because they have taken action on that already. Zaremba: Okay. I didn't know that. Rountree: Yeah. Zaremba: Are we happy with what action they have taken? I guess that's what I want to discuss. One of the things that I heard is -- Rountree: How happy can you be when you didn't get what you wanted. Zaremba: The discussion that I have heard is that because they only benefited by four million dollars, they weren't going to do the six million project and still going to do some priority 20 and 40 projects that would have made up that difference. So, I kind of wanted to have that discussion. Rountree: Go ahead, Matt, and -- • • Meridian City Council Special Meeting / Workshop March 11, 2008 Page 41 of 67 Ellsworth: Mr. President -- Zaremba: Not in a confrontational manner, but just why does that keep happening. Ellsworth: Mr. President, Madam Mayor, Members of the Council, I think that's a fair question. A couple of -- well, first, we can go in a little bit more detail as to the action that was taken on the five year work plan, if that's the direction the Council would like to go in right now. As far as the purposes of the March 7th discussion, Mr. President, Members of the Council, Councilman Zaremba, if it's okay with you I can craft some language to propose for that agenda item and bounce it back and forth, just to make sure that it gets to the point that you're trying to make. Zaremba: That would be fine. Unless I'm the only one that wants that to be discussed publicly. Rountree: Oh, that's fine for discussion, but they have already made their decision. Zaremba: We need to influence their future decisions, is my opinion. Rountree: It depends on how you approach them how well you influence them. Zaremba: I know. Carefully. Rountree: But we did get a project back in the program -- moved forward. Two, as I recall. Ellsworth: Mr. President, Madam Mayor, Members of the Council, of the high priority projects that were already in the five year work plan, the city's number one request for both intersections and roadways remained on track from last year's adopted five year work plan. That was the split corridor, both phases one and two. One is programmed to begin construction unless there is something that's unfolded in the last couple of days, to begin in 2009, phase two in 2012. The city's number one requested intersection project is the intersection of Ustick and Linder, which is still on track at this point to begin construction in 2009. As far as some of the projects that did delay, this is based on decisions made during the budgeting process from last year. The segment of Ten Mile Road from Franklin to Cherry, again, fell back as it was adopted in the previous version of the five year work plan in 2008. It's now scheduled in 2010, again, with the assurances that that project will be complete before the interchange opens. Looking over to Eagle from Victory to Ridenbaugh, they delayed it, it was previously -- and I don't have notes in front of me, so this is subject to future follow up, but from what I recall it was initially programmed for construction in 2007, it then fell back to 2008, and, then, in the most recent adopted five year work plan that they just adopted a couple of weeks back, it fell back to split construction, the first portion of construction occurring in 2010 and finishing construction in 2011. And I don't know, Mr. President, Madam Mayor, Members of the Council, if there are other specific projects that you • • Meridian City Council Special Meeting /Workshop March 11, 2008 Page 42 of 67 were looking for for discussion of at that time. I know the intersection of Ten Mile and Ustick fell back to 2013 in order to coordinate that with the roadway project that is planned on the same stretch of Ten Mile and the intersection of Pine and Linder was delayed and I'd have to follow back up with you about the exact years delayed to and included in the adopted five year work plan. De Weerd: 2010? Zaremba: Mr. President. Ellsworth: I believe it was 2010, but I'm not one hundred percent sure. Rountree: Mr. Zaremba. Zaremba: Let me ask Matt this. Would you rather not poke this homet's nest? Rountree: He already got up there and poked it. I'll speak for him. Zaremba: Okay. All right. Rountree: At their hearing on this. Zaremba: I think the consensus is not to add it to the budget, but add it to the amendment -- agenda. I'll get the word right. I discuss with them regularly myself, so -- Ellsworth: Mr. President, Madam Mayor, Members of the Council, then, if I'm hearing correctly, in addition to the four items that Pete outlines in the memo from March 7th, 2008, which were an update on East 3rd Street study, status report on the split corridor phase two, an update on the south Meridian CPA, and an update on the growth alliance, the additional items that Council would like for me to bring forward at this time are also an update on phase one of the split corridor and an update on efforts to better coordinate between the staffs of the two jurisdictions. Rountree: Correct. And one bright point with the action on the part of ACHD is that they did open up the community's programs and, Matt, I don't know -- and if you're not ready, just tell me, but we need to put together some possibility for some projects in that program -- they added another two million dollars into that program, so -- Ellsworth: Mr. President, Madam Mayor, Members of the -- Rountree: Or they brought the program up to two million dollars. Excuse me. Ellsworth: Mr. President, Madam Mayor, Members of the Council, if I may, that decision was made and I'm trying to get a read from ACHD staff as to whether the direction they are taking right now is to simply reprioritize the two million dollars worth of projects that were already in that final draft for adoption or if they are going to consider additional 0 Meridian City Council Special Meeting / Workshop March 11, 2008 Page 43 of 67 new projects at this time. Since I haven't been able to connect directly with staff on that, my plan right now is to present that exact issue to the transportation task force coming up on Thursday to get their read and, then, to bring their recommendations for you at a future -- future meeting time in order to feedback into ACHD's process. Rountree: If I remember the motion made by their commission, it was to work with the communities on that program with the additional funding, so, apparently, we haven't heard what that means. But there is an opportunity to get some other projects in -- sidewalk type projects. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess, Matt, do we have an update on when the 8th Street sidewalk is planned? Because we did have matching money for that. Ellsworth: Mr. President, Madam Mayor, Members of the Council, I know in previous years that project ended up being delayed, not as a result of anything that was under ACHD's control, it was an STP enhancement program and with ITD's funding situation that ended up slipping back, as did all other projects that were programmed in that year. An update on that project is that ACHD is continuing with negotiations with adjacent land owners on the east side of 8th Street. It sounds like one or two of those properties may have changed ownership between when that application was originally made and now. They are doing what they can to keep things moving forward in that vein. As far as the city's matching share, as it was conveyed to me by -- by Steve Siddoway and the city's finance department, those funds were approved in the year that the application was made and they are, essentially, sitting off to the side right now. It's not a situation where -- where staffs going to have to approach Council about a budget update or a budget amendment or anything along those lines. The money is there when ACHD is ready to receive the match. De Weerd: We just don't know when that is. Ellsworth: Correct. De Weerd: Okay. Rountree: Thank you, Matt. Appreciate that. And I hope we didn't confuse you too much on what we want to talk about next time we meet with our friends at ACHD. Item 6; CITY POLICY REVIEW: (a) Amended Travel Policy from February 12, 2008 Meeting - Bill Nary — Legal Department • • Meridian City Council Special Meeting / Workshop March 11, 2008 Page 44 of 67 Rountree: But, anyway, let's move on to the next item. I believe it's Mr. Nary talking about the travel policy. Nary: Mr. President, Madam Mayor, Members of the Council, the travel policy was on your workshop agenda again. We had discussed it at the last workshop last month, the time was -- or it was set back on the agenda for any other information, questions, issues, concerns that you have. One of the things we have been waiting on was a format that would be comfortable and usable for the departments. Mrs. Kilchenmann's staff, with our IT staff, have come up with a form that we think can work, be usable, could be easily adopted by the departments. We think it's, basically, ready to go forward, if you're comfortable with the travel policy, if you have questions, we can certainly do that. Mrs. Kilchenmann actually stayed up passed her bedtime to stay with us tonight in case you had any other concerns or questions and I appreciate her staying. I think we have a policy that after a lot of wrangling I think most people are very comfortable with that and I think it's going to be a better tool than what we have had in the past and I think this probably can be applied more consistently and I think that was the object we were looking for. Rountree: Okay. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I apologize for being out of town when this was discussed a month ago, so I may have missed some parts. One, I appreciate the work that has been done. I think this is the right thing to do and the right direction to go, but I have had a couple questions raised to me that if they have been answered before I apologize, but I'm going to ask them anyhow. Nary: That's fine. Rountree: That's why we are here. Zaremba: And one of them is in regards to how travel costs are covered. The departments have some credits cards and I think we have had a discussion before leading to either all or most of the credit cards have a 3,000 dollar limit. That -- I was fine with that, because I was assuming that individuals had the cards. But I have learned since the departments have the cards and if there are several different people going out of town for training, the card could very well reach its limit on the first person or two and the third person that needs to use that card out of town has no wiggle room. Nary: I'm glad Mrs. Kilchenmann stayed to answer that question. Zaremba: I'm sorry. Go ahead. Meridian City Council Special Meeting/Workshop • March 11, 2008 Page 45 of 67 Nary: She -- I mean I think -- I think Stacy can answer that question, that -- I think we have resolved that issue. Some of the intent of the policy and the format is to take care of many of the pre -travel costs before the people leave, to get them paid for, whether they are paid on the credit card or in some other format, so that we don't run into those -- those types of limit issues. But I think -- I think finance has worked through that, but I'll let Stacy take that. Zaremba: Well, the big items, of course, would be the airplane and the hotel. Nary: Correct. Zaremba: If those can be handled some other way than the card -- I'm song, I'll let you -- Kilchenmann: Madam Mayor, Councilman, we do have several credit cards -- not every person has a credit card and they have varying limits. In fact, we have pretty consistently been increasing the limits. Some are over 10,000, some of them are 6,000. And a real advantage we think of travel policy is just as Mr. Nary explained, we will be able to do a lot of those costs up front, because there is a cost to processing and controlling credit cards and we were kind of at a spot where we even issued everyone, like a purchase order card or their own credit card, and we have some kind of corporate credit card, because a lot of these credit cards aren't in anyone's name, they are just in the City of Meridian's name and, then, the intern control is extremely poor. It's hard to go back, you know, if there is a mischarge. So, hopefully, with this, because we can book through Global through a travel agency if they need to. We have given the secretaries cards with high limits, so they can do the airlines up front and we can get it paid and, then, we will be giving people advances for their meals and so forth. So, does that answer your question? Zaremba: The first part of it answered my question and that very last sentence was going to be my next question. We go to the system where a person just gets a set per diem and depending, I guess, on what city they go to or what they are doing, but are we able to give that to them in advance or do they need to come back and get it -- Kilchenmann: No. They can have the option -- I mean they can't come in like five minutes before they leave and -- Zaremba: Well, I know that. Kilchenmann: But they will be able to get it in advance, if they prefer to do that, or they can come back in and get it as a reimbursement, if they prefer to do that. Zaremba: Okay. And they don't need to show receipts and stuff -- Kilchenmann: No. Meridian City Council Special Meeting /Workshop March 11, 2008 Page 46 of 67 Zaremba: -- so, it's going to simplify everybody's process. Kilchenmann: Yes. Zaremba: All right. Thank you if I'm re -asking questions if it's already discussed. Nary: No. That's -- that's fine. Additionally, Councilmember Zaremba, I mean the intent really was that -- to limit how many things, if anything, that people would even need to have the credit card with them on travel. There is certain types of expenses and we incorporated that into the language, that you sometimes need to have the actual credit card when you go to the hotel. They might be billing us for it, but they sometimes want to see it. Rental cars almost always will require a credit card there with them. So, even though we may book them ahead or reserve them, we normally have to have it, but the other piece that I think we were really trying to accomplish with directors and finance, was to get finance in the loop earlier in the process. Many times -- part of the disconnect was that the departments could book all their travel and make all the arrangements and do all the advances or reimbursements or whatever they wanted and usually what happened is that finance would, then, be getting the bills subsequently, have no real knowledge of where the person went, what it was for, trying to match up receipts to bills, to -- it just was a system that didn't function well where we are today and trying to get finance involved earlier, so that we could take care of a lot of those expenses that could be handled up front I think is a better system. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Another idea bounces around in this empty space up here. Who is -- if an item is in -- if a department has a budget item for travel for training or whatever the travel is for, who is responsible for sticking within that budget? Is it -- Rountree: The director. Zaremba: -- Stacy's responsibility to make sure they don't or is the department directors -- or is it a combined effort? Kilchenmann: Madam Mayor, Councilman, it's the -- it's the -- the department director's responsibility to -- to stay within their budget. Zaremba: Yeah. Kilchenmann: Our responsibility, however, is -- there are IRS rules on accountable travel plans and there is audit exceptions for unsupported, you know, expenditures. So, our responsibility is more on the technical side with the department director being on the side of the budget -- overall budgetary spending side. Meridian City Council Special M • s March 11, 2008 eeting /Workshop Page 47 of 67 Zaremba: Okay. Thank you. Thank you for doing that. Rountree: Any further comments? I have a few, unfortunately. I have got some editorial ones that I'll just give you, Stacy, because some of it doesn't read well. Kilchenmann: That would be Mr. Nary. Rountree: Or Mr. Nary. Kilchenmann: And ten of us all typing into it, actually. Rountree: But on the second page -- and it's not -- there is page numbers, but it would be the -- the third paragraph down, talking about excess amounts, failure to remit the overpayment to the city within 120 days, you had to the city the overpayment -- and I would add the overpayment of the employees reported -- the overpayment to employee will be reported on the W-4 and be deducted from their next paycheck. I think we need to put that kind of stuff in there. Kilchenmann: Can we do that? Nary: Mr. President, Members of the Council, what the purpose of that section is -- and maybe we can make it clearer -- that is the requirements of the IRS. If the travel -- if the employee doesn't follow the rules, the entire cost of travel is added to the employee as income, which means all of the cost, the travel, the airplane, the car, the hotel, all of that is given to the employee as taxable income to them. That's the intent of that section. It's just to advise them that that's what the rules are from the IRS, not what we are going to do, not whether we are going to discipline them for it -- Rountree: No. No. And I don't -- it's just not clear to me -- first it wasn't clear who you pay the overpayment back to and if you don't, the taxes will be deducted from your next paycheck. Well, I think that personalizes the policy, it's going to be -- taxes will be deducted from the employee's next paycheck. So, I'm just taking your out and saying the employee. Nary: Okay. Rountree: I'm not changing the policy; I'm just trying to put it in terms of employee. I'll give you this. Nary: Okay. Rountree: The last paragraph above the three bullet points, it says department no less than ten business days prior to traveling -- travel occurs -- that's when you have to get the authorization form. Policies are policies and you need some flexibility. I know there are emergencies, I know there are conferences, I know there are places people need to • . Meridian City Council Special Meeting / Workshop March 11, 2008 Page 48 of 67 be on a two or three day notice, so I think you can just throw in there that, you know, unless there is an urgency or an emergency -- Nary: Okay. Rountree: -- existing. And, then, there is the ability for the director to approve travel based on that. Nary: Okay. Rountree: The next page I would add a seventh item and the item would be if an employee chooses to travel with their personal vehicle, they shall indicate their insurer on their travel form. And I haven't had a chance to review your travel authorization form, but it's certainly pretty. Kilchenmann: I learned from Robert that we stretched the logo. We are not supposed to do that, so we have to -- Rountree: Well, that's between you and the Mayor. Again, down in the expense report, under the -- where it's bolded that you got to do it within ten days, again, with the exception of an emergency situation. Then, the per diem -- the per diem monies -- it talks about what you're going to get for per diem, but it doesn't talk about what's the situation when your meals are provided in your registration fee. I couldn't find that anywhere in here. Nary: Mr. President, we -- because it is very difficult to track that, we made a decision not to include that. Rountree: Typically that's on your agenda or itinerary for a conference, but if it's -- I know it's difficult, but a lot of times you get them all. Nary: We -- just so you understand, maybe the -- Mr. President, Members of the Council, some of the dialogue -- what we were trying to avoid was, one, being the meal police and trying to track who had meals and who didn't. We also didn't want to track people who couldn't eat the meal that was provided for whatever reason or didn't want to eat the meal for whatever reason. We felt that we were trying to create a simpler system and all we might be doing is creating a more -- Rountree: That's fine. Nary: Fixing one and making another, so -- Rountree: I have no problem with that. Nary: So, we did discuss that. • 0 Meridian City Council Special Meeting / Workshop March 11, 2008 Page 49 of 67 Rountree: I agree with the simplification. On the next page, the per diem rate for travel, on the first day and the last day at 75 percent of the total per diem, I got to tell you, if you're going someplace and you're leaving Boise to go out of town, you're leaving at oh dark thirty in the morning, if you're lucky you get breakfast at the airport. I think if you leave on an early flight or if you leave early in your car, you ought to get a full day's meals, personally. If you have got to figure out some way to deal that, if you leave by a certain time of the day you get them all. If it's later than that, you deduct breakfast. If you get back after a certain time of the day you get all your meals, if it's before dinnertime, you don't get dinner. But just 75 percent of the time doesn't work for me, because most travel you're -- you're leaving before 8:00 -- actually, usually leaving before -- if you meet the TSA requirements, if you're at the airport two hours before any flight, most flights out of the Boise airport are 6:30, so you're there at 4:30 or like me -- Kilchenmann: I think that one is another tracking issue. Rountree: -- 6:15, but -- Nary: Mr. President, Members of the Council -- yeah. It was discussed. It is -- it is a federal guideline, because the federal actually creates on their website -- you can get the full day reimbursement and what the 75 percent amount is. So, it is something -- and it was -- again, it's sort of the trade off on trying to track that, because there are occasions the employee can choose when they leave, you know, not matter what we do, if we make it noon, if you drive out of town at 11:30 you get the whole day, if you drive out of town at 12:30 you get half a day. We just felt it was one of those that -- again, the compromise between we are not going to track our meals if you get it, but 75 on the travel, it does give you flexibility if the travel takes longer, because occasionally -- we were trying to think of the circumstance, for example, where the fire department travels to Ohio to pick up a vehicle, the travel itself is pretty much the entire trip. So, that is, obviously, an aberration to the normal policy, the policy sort of tries to capture that. But we did discuss it, we just felt it was another tracking tool that we didn't want to create more complex -- complicated issues. Kilchenmann: Yeah. And another -- part of it is part of the guidelines for an IRS accountable plan, which we are trying to follow, having just gone through an IRS audit. And, then, we also thought that the per diem allowance is pretty -- at least to me it's generous, having worked at the state, as you know, with your 25 dollars a day. So, we felt -- Rountree: Oh, it's more than that now. Kilchenmann: Thirty? Rountree: It depends on your city. Nary: You just have to use your per diem to pay for your Blue Cross, I think. 0 Meridian City Council Special Meeting /Workshop March 11, 2008 Page 50 of 67 Kilchenmann: But we felt that it was -- you know, it was pretty generous that -- if somebody needed to -- Bird: It is for -- if two guys go together and go to a town like Portland or someplace like that, but you go to Sun Valley, Idaho, or Park City, Utah, you might be stretching it. Kilchenmann: They have McDonald's there. Rountree: Okay. The last -- the last comment on the text item is on the last page of the annotated, it talks about airline. Employees must travel by coach or economy class. I would change that employees to choose to upgrade from coach or economy class do so at their own expense. Because if they got air miles and want to go first class, more power to them. Nary: Sure. Rountree: The last comment I'll make about this is I want to get rid of credit cards, plain and simple. There is too much room for stuff going on with them, they are hard to account for, they are inconvenient at times, even for the employees when they are maxed out or you got the wrong card or whatever. So, I think we have done a great job of moving towards being able to get rid of credit cards with this policy, so thank you for your effort. Bird: And, Stacy, you know I feel the same way, even a little stronger than Charlie does on credit cards. Kilchenmann: Just a tiny bit -- a tiny bit stronger. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Despite my earlier question, I actually support the idea of figuring out how not to have credit cards out there as well. As we move into being a bigger and bigger city, we should be able to have open accounts with some of our suppliers. I mean -- Kilchenmann: We do. Zaremba: If a department's using their credit card at Office Depot, they ought to be able to use a city account there or something and — Bird: That's right. Zaremba: If we move that direction more and more, I would certainly support not having credit cards out there. We trust all of our employees, we love all of our employees, but • Meridian City Council Special Meeting /Workshop March 11, 2008 Page 51 of 67 there is just too much room for abuse. Boise's run into it and other places where you wouldn't expect to have run into it, so -- Bird: Mr. President? Zaremba: -- I agree with, that. Rountree: Mr. Bird. Bird: On the credit cards, it's -- it's not -- it's the problem. We have got a little gal over there that has to pay credit card bills at a certain time and don't get receipts in. We are sticking her neck out first -- first, we are sticking four people's necks out right here. That's fine, we are elected, we should get them stuck out if we are allowing it. But that's my biggest thing. If they want to use a credit card, use their own personal and I'll guarantee the day they get back at 8:00 o'clock the next morning they will be in getting reimbursed. That's -- I'm like Councilman Rountree, I'd like to see credit cards go. Rountree: And the new policy I think can get us there. Thank you. Any other comments? Nary: Thank you for staying. Rountree: So, we will see this not next week, but maybe the 25th -- Nary: Yes. Rountree: -- for consideration? Okay. The next one we have is -- Bird: Mr. President, before you go on -- Rountree: Mr. Bird. Bird: -- can I -- could we get a hard copy with what it's going to look like in policy form before this happens? Nary: That's what you have got. Rountree: You have got it. N-7691T,re MT Kilchenmann: Oh, you want it printed out. You want it printed. Sure. Bird: Printed, please. After these changes and everything, Bill. Nary: Okay. • & Meridian City Council Special Meeting /Workshop March 11, 2008 Page 52 of 67 Bird: My eyes don't read as good anymore. Rountree: Any other comments? Item 7: CITY ORDINANCE REVIEW: (a) Outdoor Sales and Temporary Events Ordinance from February 12, 2008 — Emily Kane — Attorney. Rountree: Next one is the outdoor sales and temporary events ordinance. Emily -- Bill? Emily? Take it away. Kane: Thank you. That doesn't look good. Rountree: That's not good. Kane: Well, I would like to -- let's see. Thanks. Thank you. Mr. President, Madam Mayor, and Council Members -- thanks, Tom. Well done. Nary: Three master's degrees, he can turn the projector on. Great. Rountree: Can you change a light bulb? Kane: If it's okay, I'd like to make some preparatory remarks to hit some of the high points of what is a pretty long proposed ordinance to start with, what we have is kind of a catch as catch can array of different ordinances that do what this is intended to do. We have Title 3, Chapter 4, regarding vendors, peddlers, and solicitors. We have run into a few gaps and different problems with enforcement in that, so this new ordinance is intended to address that. We have the UDC, which has provisions that address specific uses that -- it requires temporary CZCs, it addresses temporary signs. We have a citizen's use permit custom. It's not codified, but we do ask for people to get citizen's use permits -- I believe it started as an ACHD animal and we kind of adopted it as a tradition, but it's not really enforceable given that there is no ordinance creating it and that we have building code and fire code provisions that would still apply, but this new ordinance would remind people to look there for the applicable provisions. So, what we need and what this ordinance is intended to address is some clarity in the mobile vendor's code. As I mentioned, we need a comprehensive regular scheme that would address events -- special events such as farmer's markets. I guess those are two separate things, but where people want to put on something like that, there is no one place for them to go to figure out how to do that. And, likewise, the city staff has no place to go to figure out how to administer that or enforce provisions related to that. We need specific provisions for some uses, such as permanent businesses promotional sales, like sidewalk sales or tent sales, rather than when it comes up we kind of figure out a way to cram them into an existing ordinance or code section, rather. And, finally, we need a streamlined process for looking at and permitting temporary uses and 0 0 Meridian City Council Special Meeting Workshop March 11, 2008 Page 53 of 67 addressing the health and safety issues related to temporary uses. So, to hit the high points of the proposed ordinance, Section 3-4-2 regards mobile sales units and this is door-to-door salesmen, we ran into an issue where we interpreted the code to encompass ice cream trucks and did require them to be -- or rather get mobile vendor licenses. This would make that more clear. Any seller making a cold call or going door to door would be covered by this ordinance. This ordinance -- proposed ordinance clarifies grounds for denial of a license to mobile sales units -- or rather to a mobile sales unit. For example, if you're a sex offender, you can't get a mobile sales unit license in the City of Meridian under this proposed ordinance. It allows the city to set some time, place, and manner parameters on the license for door-to-door salesmen and mobile sales units and it also allows for revocation if the license is abused, if they go outside the parameters set by the city, if they commit a crime, or if something untoward happens, they don't necessarily have a vested right in that license. In the section regarding temporary uses, this proposed ordinance establishes a comprehensive permitting process for all temporary uses. While it's comprehensive, I think it is streamlined in that everything is kind of under one umbrella. To the best of our ability we tried to write it that way. It sets general and specific standards for temporary uses, so there are general applicable standards to all temporary uses and, then, as to specific and their specific needs and issues, we set specific standards or at least try to address them. And, finally, it contains enforcement innovations that would make violations an infraction and would be a fine -- a set fine and allow our officers to issue citations for violations. What we found is where -- where a violation is a misdemeanor and it takes quite awhile for it to work its way up to the court system, it's a little less urgent nine months later to prosecute a fruit stand that hasn't been there for six months or more and the judge says, well, what harm is there now, they are gone. So, it's to address the situation where the temporary use is long gone by the time it gets to the court system and makes enforcement a little easier. The citizen's use permit section, as I mentioned, codifies and existing procedure that we are already doing. It's intended to provide notice to the fire department, the police department, to the Mayor's office, ACHD, ITD, and the sheriffs office where ever there is going to be an increased demand on city services or traffic congestion. And that's the end of my highlights. Rountree: So, we have the opening for question and comments. Any questions, comments? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: First, a lot of good work. I think that's great. A couple of questions -- and I don't know whether this would be solved in the application process or -- not having seen what the application is going to look like, but the question comes to me of scope or size, an event that's going to be in a location or even a moving event, like a parade or a march or something like that. If it gets to a certain size or a certain number of hours a day, I would think we should have some requirements for restrooms and water and first aid, which I did not notice. And maybe that would be part of the application process 0 0 Meridian City Council Special Meeting / Workshop March 11, 2008 Page 54 of 67 where we would say, okay, if you're a certain size and a certain intensity you have to provide these things and what is your plan for it. But somehow I think that needs to be addressed. And I would add to that if it is going to be a good group, how are they providing crowd control and along with that, no matter what it is, what is their clean-up plan, either for just normal waste or if there is any hazardous materials. And, again, that would apply to probably all events, but more intensely the larger events or longer events. Then, I would add one more thing. And this is something that we discussed when we were writing the Unified Development Code portion of temporary signs, the code enforcement officers go around town and they see these temporary signs out and they go into the business and say you need a permit for that sign and somebody in the business says, well, we got a permit for it. Well, where is it? Well, I don't know. And so I believe we wrote into the Unified Development Code that when you got a permit for your temporary sign, it actually had to be affixed to the sign, so that the code enforcement officer could sign it. So, my suggestion would be for events that there be some language that says that the permit must be posted in some place that the inspection officer can find it easily during their event hours. And, for instance, if we are talking about a real estate sales office, it could be inside the office. When they are closed he doesn't need to see the permit, but when they are open he should be able to see it pretty easily. I mean that's just one example. And it would certainly make the code enforcement officer's job easier than having somebody say, yeah, we got a permit, but I don't know where it is. And that was a difficult thing, so -- since I got the microphone, we are going to have some discussion, I'm sure, about the non -dust raising surfaces and I would just throw in my thought that I think that's necessary for vehicle areas, but not necessary for pedestrian areas. An example given of a pumpkin field, I don't have any problem with people walking through a pumpkin field, but if cars are going to be parked next to it, I think that should be a dustless area. That's a personal comment. And, then, I don't know whether we can get this -- get into this area or not, but on the subject of First Amendment activity, anybody can call anything First Amendment activity, including graffiti and burning flags, and I wonder whether we might want some language in here that defines what we don't consider to be First Amendment activity. My thinking goes towards something like this definition does not authorize activity which damages property, threatens harm to an individual, or infringes on the rights of others. We don't give up our other laws -- free speech is fine, but there is some activity that's not and I don't know whether we need to open that can of worms or not, but I -- I would like to add it. I'm done. Kane: Mr. President, Madam Mayor, Councilman Zaremba, I absolutely will incorporate your suggestions -- suggestions with regard to restrooms and crowd control and clean- up plan. To some extent we addressed clean up in that we require it, but certainly no plan and I didn't even think about hazardous material. So, we can address that. With regard to affixing the permit to the sign, we can address that as well. I know there has been a lot of discussion about doing that and I think that was in the context of how to administer the permits themselves, but I think that's a great idea to have that as a requirement. Zaremba: To have it posted somewhere where it can be found. Meridian City Council Special Mee!korkshop • March 11, 2008 Page 55 of 67 Kane: Yes. And with regard to the dustless surfaces, I don't know if Council will have further discussion on that, but whatever the direction is we can do that as well. Finally, with regard to your comments on the First Amendment activity, I did lift this definition from a city who had been tested in court, but I think that what you're suggesting would not -- would comport with what is written in this draft, because it is -- it has been test in the courts to say that First Amendment activity does not encompass behavior, necessarily, that hurts people or is otherwise criminal in nature. So, I think I can definitely write some language that would make that more clear. Zaremba: First aid and water and restroom plan or -- and, again, that's probably part of the application process. I don't know if it needs to be, but we probably need to say what the application has to include. Kane: I think that's a good idea. Zaremba: Okay. Thank you. Rountree: Anybody else? I have a couple questions for you, Emily. And I didn't know where to ask this question in all of this. It's so thorough it just kind came to my mind when I was driving down the road and said, ah-hah, there is something I couldn't find in here that is not permitted or isn't permitted, and that's the -- we are seeing more and more local newspaper dispensers just out in neighbors on sidewalks and a good many of them are blocking the sidewalks and I couldn't find where we are regulating those in any way, shape, or form or do we want to. And is there something we can do here. Kane: Mr. President, Madam Mayor, Members of the Council that happens to be something that I did research at one point. It's a kind of thorny area of the law, which surprised me when I got into it. I think that the licensing on the sidewalks is an ACHD issue. They would address the concern regarding safety on the sidewalks. But is -- there are some pretty heavy first amendment attachments to the ability to place those boxes in a public place and there are laws that say where -- for example, the Statesman can put up a box, every real estate magazine or ad or special interest publication can also put up a box there and the result is kind of the string of boxes or proliferation of boxes that you see around town. I have run across one way that that can be addressed by a municipality and that was in Honolulu they built boxes and had kind of a lottery for who could put their stuff in those specified boxes. So, it would require some building of infrastructure on the part of the city in order to do that. Rountree: I believe that would require a field trip Kane: I agree. Nary: I'm happy to go do that. Zaremba: Mr. President? • • Meridian City Council Special Meeting / Workshop March 11, 2008 Page 56 of 67 Rountree: I appreciate that and I wasn't getting to we need to, it's just it seems that we ought to be working with ACHD on that, because we do, in several locations, have them blocking the sidewalk significantly on some major corridors in town. I don't have a problem with selling the newspapers, but it seems to me if they are in the right of way maybe they could be placed on the landscaped area, as opposed to on the surfaced walkway. Mr. Zaremba, I'll let you have a question here as soon as I'm done. Zaremba: But it was on that subject, sir. Rountree: What more are you going to add. Zaremba: My comment would be that there is an Americans With Disability Act provision that there must be usable sidewalk in a certain width and the proliferation of those boxes, while I don't particularly care what the newspaper is or isn't, if they are blocking the sidewalk that's a violation of the ADA. Kane: Mr. President, Madam Mayor, and Councilman Zaremba, I believe it's a four foot passage and my understanding is that ACHD will measure as an enforcement activity, but if it's not infringing on that four foot passage, then, there is -- I don't know if there is anything they can do or if that's their policy not to do anything. Zaremba: Thank you. Rountree: On page two, it has garage sale and, then, it has a whole litany of things that you're talking about from tag sales to rummage sales. There are such things as estate sales that are not the estate sales that you define in your ordinance, which are nothing more than a one time garage sale, if you will, or residence sale. I don't know if they have a name, but it seems to me we kind of prohibit that by the way we define estate sale, but it's -- to me they are different critters. I don't know if we have another name for that or is somebody guilty by association because they said they had an estate sale. Kane: Mr. President Madam Mayor, and Members of the Council, I think if I can find a name for that I can add that in there. But this provision -- I guess the definition and, then, later section -- well, on page 28 it talks about the regulations and, really, it just limits you to four a year. Rountree: Right. Kane: So, they are not necessarily prohibited unless you surpass that limit. Rountree: Okay. On page three, item D, number 1-A, talks about the mobile sales unit and it does -- it does not occupy a certain number of space and it talks about more than two hours -- consecutive hours within a 24 hour period. Does that preclude parking that mobile sales unit on a -- in a public area on the side the road for an out of service • • Meridian City Council Special Meeting / Workshop March 11, 2008 Page 57 of 67 period? Does that cause some issues with the folks that own those? I'm assuming we are talking about Schwann's trucks and taco stands and those sorts of things. Kane: Mr. President, the mobile sales unit would address the Schwann's truck where they are making cold calls to residences in kind of traveling sales capacity or a door-to- door sales capacity. The taco truck is -- Rountree: Temporary. Kane: It is not a mobile sales unit. It is a temporary sales unit. Rountree: Temporary. Okay. Kane: So, there is -- we found so many uses that we had to pars them into -- I think a reasonable number of categories, but, nonetheless, it does require some serious interpretation when it comes down to categorizing particular uses. And, Mr. President, to answer your question regarding fleet vehicles, that -- I guess the definition just tells you what you are and the standards, then, say what you can do. So, if someone were supposed to get a mobile sales unit license based on their activity and did not, that would be a violation. Rountree: On page 21, a real estate sales office, and we have had this before us on a couple occasions about the size of those offices and subdivisions and I think we have debated and gone around and done variances on the 700 square foot to allow them bigger and allow them smaller and allow them longer and to me that just causes grief for enforcement and it causes grief for staff and it causes an unnecessary variance on the part of the city. If it's a subdivision sales office and it's incorporated in the plan of the subdivision, I don't care if it's a thousand square foot modular unit, the thing I care about is that it's removed at some point in time and doesn't remain as a residence. So, as opposed to specifying the square footage, just specify that it's a temporary structure of sufficient size for them to market their -- their property. Gosh, if they want to bring in something with a spa and whatever for marketing their property, why not? Just a concern. Because we have seen it. But we don't want it permanent. We want to be able to have it moved out of there. And page 26 on standards for garage and yards sales, there really isn't anything -- there is, but how do we deal with perpetual yard sales? Kane: Mr. President, this section was actually I think vetted within the last year and moved in because of perpetual yard sales. So, this seems to be working. It's been on the ground I think for almost a year now and it is intended to say that you can have four a year and it limits them three days. Rountree: Okay. Two more. Sony about that. Page 29, item D-2, I think that submit courtesy copies of these applications should be to Ada County, it should also be to Ada County Highway District, and it should be to Idaho Transportation Department, not Department of Transportation. And my last comment, I guess -- well, two more. I'm Meridian City Council Special Meeting /Workshop March 11, 2008 Page 58 of 67 sorry. On the little graphic you provide -- and if you're going to put that in the ordinance, eliminate the skull and cross bones or whatever that symbol appears to be where it's prohibited. Kane: Oh. Rountree: And, lastly, I'm -- you have done a great amount of work and I think it's wonderful to consolidate all this stuff, but I'm concerned about enforcement and I think of the guys out there that are making a living driving say a Snap-On tool truck and they probably don't live in Meridian and they are making cold calls. It seems to me that they are regulated by this ordinance. They are not going to know that. Schwann's that are out of the community -- there is a lot of those kinds of things that are out there. I guess I just struggle with the enforcement on that. How do we enforce it? How do we do it in such a way that it's not punitive? Anyway just a philosophical question. You had some comments. Sackman: Mr. President, Madam Mayor, Members of the Council, it's been a long day for me. I was -- 24 hours ago I was at the -- on the lake in Coeur d'Alene and so I'm a little fuzzy tonight. Bird: I don't feel sorry for you. Rountree: Yeah. It's your problem. Zaremba: Welcome back. Sackman: I'm hoping you all got a copy of the -- Nary: Yeah, they do. It's in their packet. Teri, would you identify yourself for the record. Sackman: I'm song. Yes. Teri Sackman, Meridian Chamber of Commerce. I had the pleasure of working with the city staff on this ordinance and there is a lot stuff in here, so I'm going to try to limit my comments to just a couple things that we have -- that we still have questions or concerns about. I will note that I just got the latest copy with the sign -- temporary sign part in it on Friday and I was not able to get that out to a lot of people who I think really should look at it before -- you know, as Charlie says, you know, how are we going to enforce all this. We have got to get the information out to all the businesses. So, at the outset I'd like to make that comment. There are no realtors here. I think they would probably have some concerns, as maybe Charlie does, about the real estate office, some of those sorts of things. So, perhaps we might have a little more time where people can view this. I do want to mention -- and I'm hoping we have the same copies, because when Mr. President was referring to some pages they weren't the same ones I had, so -- I believe in my letter I actually addressed the vacant lot or unpaved lots. Obviously, when we get to special events -- we were even talking about the speedway doing anything or the dairy board doing anything on the dairy board property. That's unpaved. You know, our overflow parking behind the speedway, which • • Meridian City Council Special Meeting / Workshop March 11, 2008 Page 59 of 67 is used or any events at the speedway, lots of events at the park, it's unpaved. So, I understand the concern about dust and that sort of thing, but there are some realities out there as to what we have available in the areas that we have been used to doing them and so -- and I don't know if anybody has heard from the dairy board on this, but I know that at our last dairy board -- Dairy Days meeting they were concerned about that provision as well. So, that's probably our primary one. There were a couple things on special events specifically that I wanted to talk about. And I believe -- you know, you asked some really good questions about sanitation and all those things. When we, for example, do Dairy Days, the parks permit, we use the park. The parks permit actually has all of that stuff in it, so that might be a place that city staff could start with getting all of those sanitation, security, all of those sorts of things that you want addressed. So, let me just find my other note here. I was wondering if I could address a question to Emily. Rountree: Sure. Sackman: Okay. Emily, in a previous version of this you had mentioned for any -- there was a phrase that if there -- if a special event is happening in a park that a temporary use or citizen's use permit may not be -- they may -- may not have to get that, you would work with the parks permit. I didn't see that in this latest version. Did I miss it? Kane: I don't remember, I'm sorry, Teri. The intent is to at one point have a separate parks ordinance for special events in parks, because those issues are so much different, since that is all city property and has more sensitive maintenance requirements and parking and things that would be specific to the parks. So, I guess I don't know why it's not in there, if it's not. I guess the -- I guess I don't know. Sackman: Okay. Well, I guess -- that was one of my concerns, you know. What we are wondering is do we need a parks permit, a citizen's use permit, and a temporary use permit to do something in a park where we -- originally we talked you would just need a parks permit, so -- Kane: And that's still the -- that's still the plan. The Planning Department has no intent to enforce the temporary use permit for events that occur in parks Sackman: Okay. Kane: They would like to leave that to the parks department. Sackman: Okay. All right. Now, I'm going to refer -- and I hope that you have the same pages as I do. Page 27 where it actually talks about temporary signs and special events. Up at the top its E-1. That's the latest version I have. Am I in the right spot? Kane: Councilman Rountree, I think you have the version from February. Rountree: I have a February 12th version. • • Meridian City Council Special Meeting / Workshop March 11, 2008 Page 60 of 67 Sackman: Which doesn't include the new temporary sign information. And I just had some clarifications there. Perhaps if we are going to address temporary signs for all of this whole ordinance later, we can just leave that until later and I can work with Emily on some of the verbiage. You know, that's just a suggestion. You know, we are basing a lot of things on what we have always done in the past and what we have always allowed to do. So, when the new ordinance is significantly different than what we have done before, we do want to kind of work with the staff on some of those things for the big events like Dairy Days. Although I really do appreciate that they put in that we could have 200 temporary signs, because that means we can put up little cows all over town, so -- Kane: With permits. Sackman: Well, they wouldn't each have a permit on them; right? The permit would be in the chamber office. Kane: They would each have a permit. Sackman: Oh. Okay. Borton: Mr. President? De Weerd: Each cow? Borton: So, if I'm going to put a cow for my business for Dairy Days -- Bird: You got to get a permit. Borton: Really? Sackman: That is -- that's still a question we have. We have little signs that just say Dairy Days and the date on them that are put up at businesses all over town. They are put out in front of City Hall. That's what we consider to be a temporary sign, but Cow Wow Art contest, which is what you're talking about, I'm not sure we really came to a decision that those were signs or if those were something else. Kane: Cows aren't signs. They are art. Sackman: Okay. So, just our cow signs. Rountree: Public art. Sackman: Exactly. Bird: It's public art, uh? Meridian City Council Special Meeting / Workshop 0 • March 11, 2008 Page 61 of 67 Sackman: I do -- so, if we can address some of the sign issues later, that would be great, because that does have a lot of things in it that I think we still need to address. Outdoor markets, however, which is -- on my page 28C -- and this is, actually, the standards for outdoor markets, outdoor markets are defined as things like arts and crafts shows, farmers markets, that sort of thing, and it says that they will be allowed in any nonresidential district on one day per week. In meetings I have been in, even with the downtown business association or the arts commission, they are talking about doing arts and craft shows or an art show or outdoor markets and they are not talking one day, I mean they are talking like on a weekend or something. So, I think we need to -- that might be something we might want to talk about whether one day is really realistic for some of the things that we might want to have, especially in the downtown area. And I believe page 33, which is talking about the citizen's use permit, number G -- or letter G, we have: All application materials must be received by the city clerk at least 14 days prior to the activity and the clerk shall issue or deny a permit within 14 days. If you really have someone who brings something in late, you know, they are not going to find out until the day they think they are starting their event whether they are denied or not and my suggestion is that maybe we move out that the application materials need to be in sooner. When we do an event, you know, they are going to get all our stuff in January for Dairy Days, because that's when we start planning. But I think you will have people who think that they can just come do an event and find out, oh, no, you know, City Clerk has 14 days to decide and it might make a big difference whether that event ever happens or not, so that's the exception. And I believe those are all my questions. I do think that the question of unpaid surfaces is a considerable one for us right now and, then, we can address the signs later, so -- and if anybody has any questions for me I'd be happy to answer them. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: On unpaved surfaces, again, I'm trying to remember our conversations while -- big committee writing the Unified Development Code a couple of years ago and I don't think we wrote into the UDC that surfaces had to be paved. There are other ways to achieve dustless that some -- that are even temporary. You know, spray a light coating of oil on it that probably lasts two or three days, but it's -- and gums up the streets. Or, you know, put grass seed on it. I don't remember all the list that some of the developers told us were ways it could be done. I'm not so stuck that it be paved, but I do think we need to address the dust. Rountree: Comments? Questions? Teri, thank you for taking the time. De Weerd: For sticking around. Sackman: You're welcome. Thank you. Kane: Thank you, Teri. Meridian City Council Special Meeting /Workshop March 11, 2008 Page 62 of 67 Rountree: Emily, thank you -- Kane: Thank you. Rountree: -- for a great job on pulling all this stuff together. I think we still got some bugs to work out of it, but we are way further along than we have been in the past. Thank you. Kane: You're welcome. Bird: Mr. President, can I -- Teri, is the Meridian Dairy Board aware of this? Have you -- I'm a member of the board, but I have stayed out of anything city involved. Sackman: Sure. President, Madam Mayor, and Council Members, I did give a previous copy of the ordinance -- not the latest one -- to Hans Bruin, the president of the dairy board, so he -- whether or not he's had a chance to read it, but he is aware of some of those things in there that would specifically affect their property and some of their events, but as I stated, since there is some new stuff in here I really do want to get this out to some other people and perhaps we can get them to come talk to you. Bird I'll get a -- I'll get a set to Jack Riddlemoser, the attorney for both the speedway and the -- and let him look at it. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I would imagine the speedway would be a grandfathered use, so wouldn't -- you know, I don't know why this would apply to the speedway when they are in operation. These are normal things within what they have done. So, would this affect them? Kane: Madam Mayor, I believe -- is the speedway in the county? Bird: No. It's city. Rountree: City. Bird: We pay taxes, very much of it, very, very large taxes. De Weerd: Well, thank you. We appreciate that. Kane: In that case I don't know the answer to that question. Zaremba: Madam Mayor? • i Meridian City Council Special Meeting / Workshop March 11, 2008 Page 63 of 67 Kane: It would not be exempt from the ordinance, but specifically how it would affect them, I don't know. De Weerd: When they are a preexisting -- when it's an existing use -- Kane: It would not be grandfathered, because it would be a use, rather than a -- Nary: It's a permit. It's a permit. So, permits are different than grandfathered uses. So, we are not talking about land use like a UDC code, we are talking about uses in a permitting process, so it would apply. Bird: But what do you consider permits, Bill, because to run the race track you don't have a permit. That's a business. That's the same as running a law office or Rick's Press Room or anything like that. Nary: Madam Mayor, Members of the Council, Councilmember Bird, yeah, I don't think we are talking about the general operation of the speedway, we are talking about -- Rountree: Dairy Days. Nary: Right. Bird: Dairy Days. Nary: A taco truck on the speedway property or having a hotdog stand on the speedway property. You still have the same requirements in the city -- not their operation, but other uses on that property. Bird: I agree with that. Zaremba: Or if they lease it out to a separate event. Nary: Right. Kane: Thank you. Item 8: STRATEGIC MEETING DATE DISCUSSION — MAYOR. Rountree: Next item on the agenda -- and I'm sure everybody is excited about this -- Bird: Yeah. Rountree: Oh. Excuse me. We are. Strategic meeting dates from the Mayor. Have we decided that? Meridian City Council Special Meeting /Workshop • March 11, 2008 Page 64 of 67 De Weerd: I believe that Peggy had gotten some out. What? Rountree: April 2nd? Bird: April 2nd. Zaremba: April 2nd works for me. De Weerd: Robert, you want to come to the microphone. Can't read your lips. I don't have my glasses on. Simison: Council President, Madam Mayor, Council, April 2nd is the preferred day right now if it works for your schedules, the Council's schedules, up to four hours commitment where you all can be there at the same time. Bird: 8:00 o'clock? Simison: We can start at 8:00 a.m. Zaremba: Works for me. Rountree: 8:00 to 12:00? Bird: 8:00 to 12:00. I'm for that. Rountree: Okay. Zaremba: On the 2nd? Bird: Are you okay, Joe? Borton: Yes, sir. De Weerd: Sounds like everyone's good. Simison: Thank you. Rountree: I'm not. De Weerd: You're not good? Rountree: No. Bird: Not on April 2nd? Rountree: No. • • Meridian City Council Special Meeting / Workshop March 11, 2008 Page 65 of 67 Bird: Okay. What day are you good? Rountree: Sometime after the 6th. Simison: Other two dates that were proposed were the 11th or the 14th. De Weerd: And the 14th. Rountree: I'm in Panama. Bird: Oh, you're going to be in Panama. De Weerd: Oh, that's right. Zaremba: David would be okay the 11th and not the 14th. Second Monday I have two or three standing meetings. Rountree: The 14th works for Joe? Bird: What date? Rountree: 14th. Borton: 14th is okay. It's a Monday morning. Bird: You know, I'm really -- I'm really not tied down to a job, so I'll make it work. Rountree: Check your calendar and get back to Robert. Zaremba: Well, I know I have a meeting that starts at noon and I have one that starts at 3:30. Bird: Well, good, if we go from 8:00 to 12:00 you can run right over there. Zaremba: Well, I'd have to leave like 11:30, but -- Rountree: We will be done by then. Simison: Okay. So, the 11th, 8:00 a.m? Zaremba: I thought it was the 14th. Rountree: The 14th. Simison: 14th. Meridian City Council Special Meeting / Workshop • March 11, 2008 Page 66 of 67 Rountree: 14th. Zaremba: 14th at 8:00 and I can leave by 11:30. Simison: That works. De Weerd: Maybe we start at 7:30. Bird: We can start at 7:00. Is it going to take four hours, Tamara? De Weerd: Well, try after our directors' meeting. Rountree: Well, we can -- we could start a little early. Bird: Yeah. We could start a little earlier. We can start at 7:00. De Weerd: We'll let you know. Item 9: EXECUTIVE SESSION: ISC 67-2345(1)(f) (to consider and advise its legal representatives in pending litigation): Rountree: Okay. Next item is Executive Session. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Borton: Second. Rountree: Moved and seconded to go into Executive Session. Roll call vote. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Rountree: I will reconvene the workshop and take a motion to come out of Executive Session. Bird: So moved. Borton: Second. Meridian City Council Special Meeting / Workshop • March 11, 2008 Page 67 of 67 Rountree: It has been moved and seconded to come out of Executive Session. All those in favor. MOTION CARRIED: ALL AYES. Rountree: I would entertain a motion to adjourn. Bird: So moved. Borton: Second. Rountree: All those in favor. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11:25 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) off- 09 TAMMY D EERD, MAYOR DATE APPROVED OF ATTEST: REAL JAYCEE(L. HOLMAN, CITY CLERK I Mayor Tammy de We rd City Council Members: Keith B rd Joe Bort n Charles Rountr e David Zarem a NOTICE OF SPECIAL MEETING / WORKSHOP MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting / Workshop in the City Council Chambers at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, March 11th, 2008 at 5:30 pm. The Meridian City Council will be discussion the following following agenda items: Final Agreement for Amended Bittercreek Meadows Agreement Executive Session per Idaho State Code 67-2345(1)(c)&(f) Update on New City Hall Building Construction Audit Report with Kevin Smith of Eide Bailly ACHD Update on the Fairview Corridor Study ACHD Agenda Topics for next Joint Meeting on April 7, 2008 Update on Heritage Ball Fields Amended Travel Policy from February 12, 2008 Outdoor Sales and Temporary Events Ordinance from February 12, 2008 Strategic Meeting Date Discussion Executive Session per Idaho State Code 67-2345(1)(f) F r The public is welcome to attend. DATED this 11th day of March, 2008. HOLMAN - CITY CLE Orr AL Meridian City Council Special Workshop / Meeting — March 11, 2008 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. MayorTammy de W NI IIIA City Council Mem! ,y�� Keith �" Joe Bc Charles Rour David Zare NOTICE OF SPECIAL MEETING / WORKSHOP MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting / Workshop in the City Council Chambers at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, March 11th, 2008 at 5:30 pm. The Meridian City Council will be discussion the following following agenda items: Final Agreement for Amended Bittercreek Meadows Agreement Executive Session per Idaho State Code 67-2345(1)(c)&(f) Update on New City Hall Building Construction Audit Report with Kevin Smith of Eide Bailly ACHD Update on the Fairview Corridor Study ACHD Agenda Topics for next Joint Meeting on April 7, 2008 Update on Heritage Ball Fields Amended Travel Policy from February 12, 2008 Outdoor Sales and Temporary Events Ordinance from February 12, 2008 Executive Session per Idaho State Code 67-2345(1)(f) The public is welcome to attend. DATED this 7th day of March, 2008. JAYCEE HOLMIAN - CITY Meridian City Council Special Workshop / Meeting — March 11, 2008-1P, All materials presented at public meetings shall become property of the City of Mere 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. rd No -h CL -T�oan L� N,la;,,orTammy de'Neer City Council Members Keith Bir Joe Borton Charles Rountree David Zaremb NOTICE OF SPECIAL MEETING / WORKSHOP MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting / Workshop in the City Council Chambers at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, March 11th, 2008 at 5:30 pm. The Meridian City Council will be discussion the following following agenda items: Final Agreement for Amended Bittercreek Meadows Agreement Executive Session per Idaho State Code 67-2345(1)(c)&(f) Update on New City Hall Building Construction - Audit Report with Kevin Smith of Eide Bailly ACHD Update on the Fairview Corridor Study -- ACHD Agenda Topics for next Joint Meeting on April 7, 2008 Update on Heritage Ball Fields Amended Travel Policy from February 12, 2008 -- Outdoor Sales and Temporary Events Ordinance from February 12, 2008 Executive Session per Idaho State Code 67-2345(1 xf) 9od••a+arttlie�� 1a J�i}•, The public is welcome to attend. d m DATED this 7th day of March, 2008. s - JAY EE HOLMAN - CITY CLL x'0 a Meridian City Council special workshop / Meeting — March 11, 2008 +i y ��%% All materials presented at public meetings shall become property of the City of Mtii►o� i,vet�`4°t 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. w Broadcast Report w Date/Time 03-07-2008 03:59:40 p.m, Transmit Header Text Clty of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 This document: Failed (reduced sample and details below) Document size: 8.5"A 1 " 0aSlf �'osfitc� �,c IuLmLc. - int lltcs�.ti "or Tammy de Weerd Ef�Keithelra Joe Sorton Charles Rountree David Zaremba Total Paaes Scanned: 3 NOTICE OF SPECIAL MEETING /'WORKSHOP MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian wili hold a Spedai Meeting I Workshop in the City Coundt Chambers at Meridian City Hail, 33 East Idaho Avenue, Meridian, Idaho, on Tueeday, March 111th. 2008 at 5:30 pm. The Meridian City Council will be discussion the following fallowing agenda items: - Final Agreemerd for Amended Bittercreek Meadows Agreement - Executive Session per Idaho State Code 67-2345(1)(c)&(t) - Update on New City Hall BuWng Construction - Audit Report with Kevin Smith of Elde Baily ^- ACHD Update on the Fairview Corridor Study - ACHD Agenda Topics for next Joint Meeting on Apr? 7,2W8 - Update on Heritage Ball Fields - Amended Travel Policy fiom February 12, 2008 ^- Outdoor Sales and Temporary Events Ordinance farm February IIA 20M - Executive Session per Idaho State Code 67 23as(1)(f) The public is welCorret to attend. ` d1 1I DATED this 7th day of March, 2008. JAYCEE HOLMAN - CITY C r lice •� . Mor4s" CRY Coin Speetal WOfthvP I MOOM — Mamh 11.28MAffMaterials *iy p 1iJ ;a AMMe desifm� B accommodation for disabilliflen, related to ar b W11101. Ptease cOnt9d the CRY Clefs OfROe at 888.4433 st !mast 48 hwtrs Ww to the PWft madft Tntal Panac rnnfirmael • '40 No. Job I Remote Station StartTlme Duration Pages Line Mode Job Type Results 001 834 3810160 03:08:18 p.m. 03-07-2008 00:03:11 3/3 1 JEC HS CP9600 002 834 8989551 03:08:18 p.m. 03-07-2008 00:00:42 3/3 1 EC HS CP24000 003 834 2088848723 03:08:18 p.m. 03-07-2008 00:00:37 3/3 1 EC HS CP28800 004 834 8886854 03:08:18 p.m. 03-07-2008 —FO -1-08: 00:00:39 3/3 1 EC HS CP31200 005 834 2088985501 18 p.m. 03-07-2008 00:00:58 13/3 1 EC HS CP31200 006 -6-07-834 834 8467366 --J03:08:18 p.m. 03-07-2008 00:00:38 3/3 1 EC HS CP28800 8950390 03:08:18 p.m. 03-07-2008 00:00:35 1313 1 EC HS CP33600 Broadcast Report Date/Time 03-07-2008 03:59:49 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 No. 008 Job 834 Remote Station 208 888 2682 Start Time 03:08:18 p.m. 03-07-2008 Duratlon 00:00:37 Pages 3/3 Line 1 Mode EC Job Type HS Results CP33600 009 834 8840745 03:08:18 p.m. 03-07-2008 00:00:41 3/3 1 EC HS CP28800 010 834 8885052 03:08:18 p.m. 03-07-2008 00:00:00 0/3 1 63 HS TA - 0 - 11 834 8881983 03:08:18 p.m.03-07-2008 00:00:00 0/3 1 -- HS FA 02 834 2083776449 03:08:18 p.m. 03-07-2008 00:01:17 3/3 1 EC HS CP14400 013 1834 14679562 03:08:18 p.m. 03-07-2008 00:00:38 3/3 1 EC HS CP28800 014 834 8886700 03:08:18 p.m. 03-07-2008 00:00:00 0/3 1 -- HS FA 015 834 8841159 03:08:18 p.m. 03-07-2008 00:00:39 3/3 1 EC HS CP28800 016 834 18840744 03:08:18 p.m. 03-07-2008 00:00:39 3/3 1 EC HS CP28800 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group WS: Waiting send MS: Mallbox save FA: Fall RP: Report EC: Error Correct MAYOR Tammy d Weerd CITY CO CIL MEMBERS Keith Bir Joe Borto Charles R unfree David ba CITY DEPARTMENIS Fire 540 E. Franklin Road 888-1234 1 fax 895-0390 Parks & creation 11 W. Bower Street 888-3579 1 fax 898-5501 Planning 660 E. W tertower Lane Suite 202 884-5533 1 fax 888-6844 Police 1401 E. NA latertower Lane 888-6678 fax 846-7366 Public W rks 660 E. W tertower Lane Suite 200 898-5500 fax 898-9551 - DLLiI r2 660 E. Watertower Lane Suite 150 887-Z1 1 / fax 887-1297 - Waste ter 3401 N. Ten Mile Road 888-21.91 / fax 884-0744 2355 .W. 8th Street 888-5242 / fax 884-1159 �7 DELIQUENCY FOR TURN OFF Schedule for March 11, 2008 Cycle 2 MAYOR: This letter attests to the fact that no water users have requested a pre termination hearing for March 11, 2008. Users having delinquent utility bills will be shut off on March 12, 2008. The total amount past due Is $ 15,840.79. The number of past due customers is 212. Desiree Bickmore Billing Administrator CITY HALL 33 EAw IDAxo Avmgm MERIDIAN, IDAHO 83642(208) 888-4433 QTY a=x -FAX 888-4218 QTY ATTORNEY/ HR -FAX 884-8723 FINANCE & UTuxry BILLING- FAX 887 13 MAYOR'S OFFICE - FAX 864-8116 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Mar 11, 2008 04:40p m Current Period: 03/20/2008 - Transactions Included Through: 03/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Repo Criteria: Te inated customers not included Cu tomer.Cust No () _ (<)7700000001 Cu tomer.Bill Cycle = 2 Cu tomer.disconnected = No Cu tomer.shut off list= No Ref No Cust No 10.10.1028.04 Name / Service Address AHEARN, THOMAS & ALMA Past Due 56.92 Balance 123.18 1 2650 CROSSLAND DR W 2 19.10.1314.02 ALLEN, MATTHEW 96.12 157.95 4341 ARCH DR E 3 9.90.1912.02 ALLEN, RALPH 197.53 249.05 3945 BRYCE CANYON PL N 4 6.06.1284.02 ANDREASON, MICHAEL & CYNTHIA 52.49 112.93 5264 SCHUMANN AVE N 5 16.31.3328.02 ANDREWS, AYA 61.35 119.01 923 DELMAR DR 6 10.10.2566.02 ANDRIYCHUK, OLEG & LYUBOV 90.18 194.11 1971 WINDCHIME DR W 7 14.20.2006.01 ARNETT, DUKE 93.79 173.31 3720 QUAKER RIDGE DR 8 14.14.4324.01 ARNOLD, JOE 55.24 97.93 3605 PATEL DR W 9 10.10.2004.03 ATKINSON, BRACKEN 97.64 522.83 2311 GRASSY BRANCH DR W 10 18.42.2378.03 BANDURRAGA, WENDY 58.52 124.49 2327 GREEN MEADOW CT E 11 15.21.3070.02 BANNER, KIMBERLY 96.46 153.83 2921 JOUST ST W RENTER (BANNER) IS CASH ONLY TIL 11/13/07 DUE TO NSF AT PREVIOUS PROPERTY.—DB 8/29/07 12 17.33.1856.04 BARBEY, STEPHEN 50.81 145.65 2475 EUREKA AVE N 13 3.15.5305.03 BEAUX, CHRISTOPHER & KIMBERLY 50.81 109.57 2248 TANGO CREEK DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Payment Customers Mar 11, 2008 04:40p m Current Period: 03/20/2008 - Transactions Included Through: 03/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No 8.81.0203.02 Name / Service Address BELL. BOBBY & BECKY Past Due 50.81 Balance 109.57 14 157 ANTON ST E NO ARRANGEMENTS FOR THE RENTERS PER PMI 15 15.15.0023.01 BENJAMIN, JAMES 78.40 147.70 2564 MONACO WAY N 16 15.21.2032.03 BIANES, ROSITA . 87.26. 136.06 3056 GEMSTONE DR W 17 15.21.1990.02 BICKEL, DWIGHT & CYNTHIA 86.25 200.43 2935 ANN ST W 18 14.20.0700.05 BIGHAM, CINDY 55.24 144.00 1669 GOLFVIEW WAY N REMOVED CASH ONLY ALERT—HAS BEEN OVER A YEAR—DB 6/18/07 19 12.40.0402.02 BLACKMON, LEANNA 59.67 164.50 3394 MAPLESTONE AVE N 20 10.20.0250.02 BOSIER, T. & T./ GOURLEY, T. 53.35 150.97 3820 TWIN EAGLES WAY N 21 16.26.0104.04 BROOKS, BECKY 55.08 144.62 59 INDIAN ROCKS ST W 22 16.32.1274.02 BROWN, MELISSA 56.92 117.36 320 WOODBURY DR W 23 7.48.1906.02 BROWN, SEAN & TAWNI 61.35 139.25 3724 PETTY WAY N 24 17.33.2654.04 CANCHOLA, ALFRED & BRIDGET 87.93 179.12 630 SEDGEWICK ST E 25 4.70.2518.02 CAPITOL BUILDING CO. LLC 160.97 186.49 770 ARNAZ ST W 26 17.34.1808.02 CARPENTER, DOUGLAS 77.39 162.22 1010 CLAYBOURNE DR 27 3.15.4607.02 CARR, AARON & SHANNON 59.67 124.51 2290 RATTLESNAKE DR W NO ARRANGEMNTS ALLOWED FOR RENTERS PER THE PMII CITY F MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 Standard Payment Customers Mar 11, 2008 04:40p Current Period: 03/20/2008 - Transactions Included Through: 03/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 28 3.15.4522.03 CARR, ERIC 56.92 117.36 2155 RATTLESNAKE DR W 29 9.15.2805.02 CARVER, KARI 56.92 109.89 4179 RHODES AVE N 30 13.13.8540.03 CHALOUPKA, DANNYEL 76.89 127.05 2530 VALLEY GREEN WAY N NO ARRANGEMENTS ALLOWED FOR RENTERS PER OWNER 31 15.22.1464.04 CHENEY, HOPE 53.72 128.06 1684 HENDRICKS ST W 32 15.15.0034.02 CHRISTENSEN, BRANDON & MELANIE 50.81 106.79 2565 SPRINGTIME AVE N 33 15.21.1936.02 CLARK, D. & THOMAS, N. 95.11 220.32 2618 REBECCA WAY 34 17.34.1314.03 CLUNIE, DYLAN & BARBARA 96.12 155.17 2634 SNOW GOOSE WAY N 35 15.22.1492.02 CONTE, ROGER & RAELYN 56.92 120.40 1632 SANDALWOOD DR W 36 9.09.9368.02 CORCORAN, CHRIS & NANCY 59.67 136.15 1065 GREAT BASIN DR W 37 16.31.3420.01 COUCH, JULIA 102.30 162.74 1012 FAIRWOOD CT 38 10.10.2360.01 CRESTWOOD HOMES 66.18 124.45 2511 TEANO DR W NO ARRANGEMENTS ALLOWED UNTIL 10/10/08 DUE TO RENTER (THANADABOUTH) BREAKING ARRANGEMENT.—DB 10/11/07 39 9.15.2819.01 CRONER, CHRISTEN 93.19 213.62 671 WHITE SANDS DR W 40 14.20.1590.02 CUILLARD, DARCEE 60.34 145.21 3754 SUGAR CREEK DR NO ARRANGEMENTS ALLOWED PER THE OWNERIIIII CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment Customers Mar 11, 2008 04:40pm Current Period: 03/20/2008 - Transactions Included Through: 03/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref I No Gust No 13.13.8938.02 Name / Service Address CULLUM, JERRY & NOVELLA Past Due 165.79 Balance 251.73 41 2668 DAYSIDE WAY N 42 17.34.1108.04 CULVER, RYAN & KIM 104.98 166.81 I I 1434 SAGE HEN CT E 43 7.52.0109.03 CURTISS, BRANDON 68.53 136.15 3696 SUMMERPARK PL N 44 15.21.2228.03 DAVIS, JESSICA 64.10 133.11 2864 KANDICE CT W 45 12.40.0229.02 DAVISON, CLINT & KARA 62.96 133.36 3478 ELMSTONE PL N NO ARRANGEMENTS FOR RENTERSI I I I I I I I I I I I I I 46 17.79.0113.02 DAWKINS, JEREMY & JANIEL 59.17 119.58 610 BLUE HERON ST E 47 15.21.1412.03 DEERE, BEN & KENDA 60.38 91.72 1730 MAN O' WAR PL N 48 18.42.1824.03 DELEON, SHAN 104.98 190.35 2166 MEADOW WOOD DR E NO ARRANGEMENTS ALLOWED UNTIL 10/13/07 DUE TO ANOTHER BROKEN ARRANGEMENT. ON CASH ONLY FOR SHAN DELEON PERMANENTLY. 49 8.81.0531.02 DERR, KATHY & STEVENS, LARRY 57.68 147.80 641 HERITAGE PARK ST E 50 9.09.0330.02 DILDINE, DERIN 55.24 112.61 3732 GREENWICH WAY N (CORNER) 51 4.70.0828.03 DILDINE, JAMES 59.67 87.94 993 CAGNEY DR W 52 16.31.3244.03 DIXON, ERIN A 65.11 108.09 1193 DELMAR DR 53 17.33.2612.06 DONALDSON, NEAL 139.86 316.18 2924 CAPE COD AVE N 54 17.34.2090.02 DOTY, CHRISTIANA 109.41 149.35 1041 TAMMY ST CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 Standard Payment Customers Mar 11, 2008 04:40pm Current Period: 03/20/2008 - Transactions Included Through: 03/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No 18.43.0368.01 Name / Service Address EARLS, MARK Past Due 62.70 Balance 158.96 55 2505 NIKKI CT E 56 13.13.8962.02 EASTON, JULIE 79.56 123.93 2732 DAYSIDE AVE N 57 17.34.1898.01 EDINGER, REX S. 72.96 133.37 2111 LARK PL N 58 9.09.9172.03 ELSETHEGAN, RYLAN O 79.47 126.59 1377 GREAT BASIN DR W 59 9.09.0522.02 FARLOW, MICHAEL & BROOKE 50.81 131.22 3881 RHODES AVE N 60 7.48.1218.02 FERNANDEZ, LARS ERIK 65.11 106.70 2498 OMERA ST E 61 9.15.2712.04 FIELDS, MICHAEL & JULIE 55.61 161.83 568 YOSEMITE DR W 62 16.16.3640.02 FITZEN, LARAE & LINDA 60.74 135.25 93 SEDGEWICK DR W 63 9.09.9652.02 FLEISCHER, DEBRA 52.49 115.97 866 WHITE SANDS DR W 64 10.10.2562.03 FOLKES, ELON & MAMOKETE 55.24 124.25 2037 WINDCHIME DR W 65 17.34.0552.01 FOSTER, BRADLEY D. 82.83 121.38 2120 AMETHYST PL N 66 14.14.3670.03 FOULSON, R. & MORRIS, C. 63.63 111.04 3011 SAGEFIRE AVE N (CORNER) 67 9.90.1919.03 GAGNE, JAMES & AMY 68.53 144.75 3844 BRYCE CANYON PL N 68 7.48.0922.02 GALBRAITH, CLINT & JANEENE 50.92 91.12 3302 GAVIOLA AVE N NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE PMIIII 69 3.90.0317.03 GEHA, MINERVA 56.25 87.59 5389 AREZZO AVE N CITY F MERIDIAN Shutoff Account List CITY COUNCIL Page: 6 Standard Payment Customers Mar 11, 2008 04:40pm Current Period: 03/20/2008 - Transactions Included Through: 03/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No 8.08.1322.03 Name / Service Address GIBSON, LORI & STEVEN Past Due 55.24 Balance 119.82 70 3541 WESTON WAY N 71 3.15.1403.02 GILLETT, DON 59.67 151.47 1807 HAM RAPIDS ST W 72 8.85.0018.03 GOMEZ, AMBER M 65.95 124.71 168 BURNEY GLEN CT E 73 3.15.1332.03 GRANO, HEATHER & ASHLEY 67.06 146.32 1935 MARTEN CREEK DR W 74 15.22.1754.03 GRAPATIN, JEREMY & EMILY 134.98 276.87 3101 MARBURG AVE N 75 9.15.2715.02 GRIFFIN, DIANE & DAVID 74.64 133.43 642 YOSEMITE DR W 76 13.13.0020.02 HALE, DWAINE & LATICIA 130.55 305.48 4960 CLASSIC DR W 77 17.04.0935.01 HALL, STEVE 53.80 83.75 1962 MOUNTAIN MAN DR E 78 17.33.4248.02 HARGRAVE, CLATE & KAREY 91.33 174.56 2703 EUREKA AVE N 79 3.90.0034.02 HART, SCOTT & DEANNA 72.75 159.22 3062 RAVENNA ST W 80 3.15.1335.02 HARTY, TONY & KIM 96.12 155.17 1989 MARTEN CREEK DR 81 17.33.0354.02 HARTZ, MATTHEW 88.39 138.84 1970 MERIDIAN RD N 82 17.33.0356.02 HARTZ, MATTHEW 52.89 85.59 1990 MERIDIAN RD N 83 3.90.1006.03 HAYDEN, JOSEPH 92.35 152.79 2871 WAPOOT ST W 84 14.19.6566.02 HODGIN, JOHN 88.33 139.88 2949 BURLEY WAY N 85 12.40.0102.03 HORNE, KEVIN &HEATHER MITCHELL 56.05 114.81 3402 MAPLESTONE AVE N NO ARRANGEMENTS ALLOWED FOR OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7 Standard Payment Customers Mar 11, 2008 04:41 pm Current Period: 03/20/2008 - Transactions Included Through: 03/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance CITY RENTERS, PER HPMIII 86 15.22.2076.05 HOTCHKISS, JAMES & MEREDITH 59.57 111.12 2258 ANDREW CREEK ST W 87 16.32.0666.03 HOWELL, CHRIS & APRIL 50.81 106.79 395 CRANMER DR 88 15.22.1214.03 HOWELL, TROY & MARY 59.67 125.90 2172 HENDRICKS ST W 89 9.09.0274.02 HUNTER, DANIEL 58.84 114.82 3694 PRICE WAY N 90 10.10.1080.02 ITZHAKOV, KRISTI 71.97 100.24 2592 PRIMELAND DR W 91 3.92.0610.02 JACKSON, RICHARD & JOSEPHINE 64.10 160.07 2639 GLADE CREEK DR W 92 9.09.9204.02 JIMERSON, RICHARD 55.15 146.95 4155 TALLGRASS AVE N 93 7.04.0918.04 JOHNSTON, RACHEL 55.24 119.82 1828 GRAND CANYON DR E 94 15.22.0330.01 JONES, ELDON & LORI 86.25 183.23 2312 MONACO WAY ARRANGEMENTS ALLOWED NOW -IF ONE BROKEN, WILL NO LONGER BE ALLOWED ARRANGEMENTS PERMANENTLY. -DB 1/8/08 NO ARRANGEMENTS TIL 7/26/0711 DID NOT KEEP LAST ARRANGEMENTS111 95 3.15.5311.02 JONES, JASON & LISA 83.50 130.91 2365 GRAND TETON DR W 96 10.55.4008.02 JONES, STEVE & DENISE 66.85 135.57 1809 MILAZZO ST W 97 15.21.1058.02 JORGENSEN, ROBERT & TERI LYNN 66.85 154.68 2915 FIELDSTONE WAY N 98 3.15.4005.03 JUSTICE, BEVIN 80.14 177.47 2588 LADLE RAPIDS ST W 99 7.04.0909.05 KELLY, JOHN P 51.82 83.16 1682 TERRITORY DR E 100 8.15.0230.03 KENT, JOEANN R. 105.22 105.22 997 KAIBAB TRAIL DR E I i i CITY 7F MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 Standard Payment Customers Mar 11, 2008 04:41 pm Current Period: 03/20/2008 - Transactions Included Through: 03/20/2008 Rhi ifnfF Minimi im of � -n nn rmmnororl +n naline an+ Rolonnc i Ref i No Cust No 6.45.0502.02 Name / Service Address KREIDLER, LARRY & DEBORA Past Due 50.81 Balance 99.32 101 i 4995 SCHUBERT AVE N 102 115.21.1550.02 KROMMENHOEK, PAUL 72.95 141.96 2735 HIGAN ST W 103 115.21.1662.01 LABRONTE, TODD 64.10 134.50 2196 TODD WAY 104 8.81.0705.02 LAMB, CARLOS 86.25 151.09 552 ANTON ST E 105 i 16.32.0886.02 LAMM, MELBA 101.62 191.39 586 TIFFANY DR 106 10. 10. 1046.03 LAND VENTURE, INC 58.48 150.28 3501 STATION AVE N 107 7.04.0906.03 LAND, JUSTIN, JESSICA & THOMAS 139.41 247.77 i 1624 TERRITORY DR E NO ARRANGEMENTS ALLOWED AND CASH ONLY FOR RENTER (LAND) PERMANENTLY. WROTE NSF TO GET/KEEP WATER ON. -DB 10/24/07 -BROKE LAST ARRANGEMENT. -DB 108 119.10.1304.03 LASALLE BANK NATIONAL ASSOC. 147.92 173.44 4184 RACE ST E 109 116.26.0302.02 LASSITER, JENNIFER 53.77 133.90 18 INDIAN ROCKS ST W 110 LAWRENCE, CHRISTINE & JOE 56.64 151.51 115.21.0456.04 2944 OLD STONE WAY N 111 15.21.2120.04 LEE, EARL & LINDA 50.62 102.17 1761 MORELLO AVE N 112 16.32.1624.03 LEVITT, MONTE 50.19 120.35 713 WATERBURY DR W 113 j 7.48.0034.03 LOOS, MELISSA & GRADY 72.96 165.25 2219 SATTERFIELD ST E NO ARRANGEMENTS FOR RENTERM 114 115.21.0040.03 LUCERO, JERRY 50.81 108.18 2002 KRISTEN WAY NO ARRANGEMENTS FOR QCAITCQCIIIIIIItlllltl i CITY �F MERIDIAN Shutoff Account List CITY COUNCIL Page: 9 91.69 143.53 Standard Payment Customers Mar 11, 2008 04:41 pm MCGUIRE, JOSEF & SARAH 2313 WARWICK AVE N 61.17 Current Period: 03/20/2008 - Transactions Included Through: 03/20/2008 126 116.32.0504.04 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref 192.73 127 1 117.33.2538.01 No Cust No 17.79.0603.02 Name / Service Address Past Due LUCERO, RICHARD 81.82 Balance 162.99 115 MENDOZA, PEDRO & EVA 550 WELCH ST W 70.21 701 WILLOW BROOK DR E i 129 116 j 3.03.5770.02 LUTES, ROBERT 77.39 163.86 i I 2257 DITCH CREEK DR W 117 110.55.2103.02 MACCLOUD, CHRIS 92.76 148.74 2811 TORANA DR W 118 13.13.9208.03 MALDONADO, SANDRA 68.52 153.86 i 4847 TALAMORE DR W 119 118.42.2332.01 MARIN, JOSE 112.83 260.05 1902 GREENMEADOW CT E NO MORE ARRANGEMENTS UNTIL i 9/11/08. 120 ;18.42.1206.01 MARTIN, LOREN 66.18 106.09 1975 DIXIE AVE N 121 9.09.9200.02 MASSETT, MICHAEL & SUZANNE 53.05 122.06 4197 TALLGRASS AVE N 122 114.02.0105.01 MATRIX HOMES 56.51 69.33 4650 NIEMANN CT W 123 3.92.0316.03 MCCULLOUGH, CHRISTOPHER 106.77 177.17 2889 LOST RAPIDS DR W NO ARRANGEMENTS FOR QCAITCQCIIIIIIItlllltl 124 16.31.3514.04 MCGRATH, MICHAEL J. & ALMA L. 1786 WEST 11TH AVE N 91.69 143.53 125 15.21.2628.03 MCGUIRE, JOSEF & SARAH 2313 WARWICK AVE N 61.17 93.90 126 116.32.0504.04 MCQUILKIN, IVA RAE 2029 CRESTMONT DR 86.25 192.73 127 1 117.33.2538.01 MENDOZA, GEORGE & ELIZABETH 700 GROUSE CT E 87.93 148.89 128 9.09.0740.02 MENDOZA, PEDRO & EVA 550 WELCH ST W 70.21 162.30 i 129 3.18.2709.02 MILLER, BRUCE & KIMBERLY 4920 CHIMNEY PEAK AVE N 55.24 112.61 i I ' CITY �F MERIDIAN Shutoff Account List CITY COUNCIL Page: 10 Standard Payment Customers Mar 11, 2008 04:41 pm Current Period: 03/20/2008 - Transactions Included Through: 03/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref 13.13.8826.03 NAVARRO, LUZ 86.25 178.54 No Cust No Name / Service Address Past Due Balance 130 112.40.0231.02 MILLER, M./AYEN W./ FELL, T. 61.49 161.89 3498 ELMSTONE PL N 140 114.20.0448.01 NO ARRANGEMENTS FOR 72.32 149.93 RENTERSI I I I l I I I l I I l II 131 9.09.0062.01 MILLER, SCOTT & RHONDA 55.24 111.22 1 492 ANTON DR W 132 ;15.21.2602.02 MILLER, VIRGIL & TERESA 103.90 167.09 2310 SWAINSON AVE N 133 9.92.7094.02 MOELLER, SCOTT & KARI 56.27 95.47 4491 MOLLY WAY N NO ARRANGEMENTS FOR RENTERSIIIIIIIII IiIII 134 118.41.0513.02 MOHAR, CELESTE j 2319 CHALLIS ST E 72.23 123.78 135 15.21.3292.02 MORRISON, MIKE 68.53 140.58 3117 HEARTH AVE N 136 ;13.09.0305.04 MOSS, BRETT & KRISLEE 50.81 139.57 3045 CHRISTIAN WAY N 137 115.21.3146.03 MULENDORE, D. & MORA, J. 55.24 171.71 3036 HEARTH -AVE N 138 13.13.8826.03 NAVARRO, LUZ 86.25 178.54 2698 EVENINGSIDE WAY N 139: 9.92.7084.04 NICOLAS, ANDRES & NANCY 50.81 110.96 1340 ANN TAYLOR ST W 140 114.20.0448.01 OLDENBURG, WADE 72.32 149.93 4668 WHITE ASH DR W 141 116.32.1460.01 OZBURN, JODY 64.11 123.16 1 958 WOODBURY DR W 142 17.33.4150.02 PAERELS, N & REDMOND, B 96.12 146.57 501 HAWK ST E 143 9.09.0060.03 PAGE, RENEE JEAN 58.90 90.24 464 ANTON DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 11 Standard Payment Customers Mar 11, 2008 04:41 pm Current Period: 03/20/2008 - Transactions Included Through: 03/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 144 6.06.9818.04 PARKER, NICK & JULIE 88.33 144.31 2135 MEADOW CREEK DRIVE E 145 ,17.34.2110.01 PENCE, STEVEN 74.64 149.76 1020 TAMMY ST 146 :15.15.0410.04 PETERSON, GREGORY & BETTY 59.67 112.61 2495 MARBURG AVE N 147 ;18.42.1884.05 PETERSON, MICHAEL & NICOLE 55.24 118.43 2055 SEQUOIA PL N 148 15.22.1108.03 PITTMAN, NATHAN & MECALE 64.10 131.72 1949 WATERFALL AVE N NO ARRANGEMENTS FOR RENTERSIM11111MI1 149 ;16.16.3638.03 PLAZA, CHRISTOPHER 88.33 181.78 101 SEDGEWICK DR W 150 5.50.1907.02 PLAZA, CHRISTOPHER L & TINA 80.54 120.16 5541 ROSA SPRINGS AVE N 151 17.34.1650.01 PLAZA, TINA 72.45 111.26 2718 WOLVERINE AVE N NO ARRANGEMENTS1111 152 ! 8.81.0114.02 POE, GERALD & CHELSA 73.97 118.34 215 CORNELL DR E 153 i 15.21.1932.01 POINDEXTER, RICHARD 1 97.19 148.74 2600 REBECCA WAY 154 14.19.0306.02 POWELL, GREG & CATHERINE 64.10 163.11 4153 HARBOR POINT W 155 8.15.1106.02 PRETZ, JEFFREY & KANDY 60.94 119.99 636 HAVASU FALLS ST E NO ARRANGEMENTS FOR THE RENTERS PER PMI 156 15.21.0012.02 RAINFORD, ROBERT & ALINDA 50.35 97.47 1722 TODD WAY • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 12 Standard Payment Customers Mar 11, 2008 04:41 pm Current Period: 03/20/2008 - Transactions Included Through: 03/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref 3.15.1414.02 REYNA, ANTHONY & MARIA 55.24 119.82 No Cust No Name / Service Address Past Due Balance 157 16.31.3532.03 RASH, LARRY & VIOLET 55.48 120.06 1984 WEST 11 TH AVE N 158 ' 14.19.1028.02 REID, TROY & MADELYN 56.92 117.36 4761 MOON LAKE DR W 159 15.22.1416.02 REYES, J/LITTLE, B./SETSER, B. 52.49 126.22 1763 MCGLINCHEY ST W 160 3.15.1414.02 REYNA, ANTHONY & MARIA 55.24 119.82 1850 MARTEN CREEK DR W 161 13.13.9014.03 RHOADES, STEVE JR 52.49 118.75 5250 TALAMORE DR W 162 9.09.0716.02 RIGGS, GARY 70.27 112.96 3860 FRANDON AVE N NO ARRANGEMENTS FOR RENTERS PER THE PM!! 163 ' 10.10.0078.01 ROBERSON, JACK 54.24 113.26 3073 PUDU ST W 164 19.10.0514.02 ROBERTS, JEFF 57.70 113.71 4387 TAHITI ST E 165 19.10.1508.03 ROBINS, ANGELA & HAUGEN, ANGIE 87.26 140.49 4361 RACE ST E NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE PMII! 166 i 3.92.0105.02 RODRIGUEZ, HIPOLITO 81.43 130.23 3106 LOST RAPIDS DR W 167: 8.30.2903.02 ROSS, SHELLY 50.81 103.75 3930 HERITAGE VIEW AVE N 168 17.07.0410.04 SABINO, JANENE 83.90 134.06 929 STORMY DR E NO ARRANGEMENTS FOR THE RENTERS PER PM!!I 169 16.32.1686.05 SANCHEZ, JAVIER 103.50 223.04 29 WATERBURY DR W 170 :10.10.2528.02 SCHELLING, BARRY & SUZANNE 59.67 127.29 2244 WINDCHIME DR W r � • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 13 Standard Payment Customers Mar 11, 2008 04:42pm Current Period: 03/20/2008 - Transactions Included Through: 03/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 171 15.22.2356.02 SCHMIDT, GRETCHEN 61.35 121.79 1839 PEBBLESTONE ST W 172 17.34.1986.05 SCHMIDT, JEREMY & SARAH 101.75 153.33 930 CLARENE ST NO ARRANGEMENTS ALLOWED UNTIL 9/21/08—DID NOT KEEP ARRANGEMENTS—DB 9/24/07 173 15.21.2610.03 SHANZ, W. & COOPER, K 118.76 148.42 3001 KENDRICK ST W 174 6.45.0210.02 SIMONSEN, CHARLES & STACIE 250.95 324.42 5021 SCHUBERT AVE N 175 13.13.5012.02 SINCLAIR, ANDREW 56.92 117.36 4869 TOURNAMENT DR W 176 15.21.2836.02 SINGLETON, RODNEY 61.98 168.17 2777 STALLION ST W 177 15.21.3010.01 SMITH, BRYAN 65.11 102.27 3180 FIELDSTREAM DR W 178 16.32.0526.02 SMITH, MARK 88.14 166.30 1819 LAWNDALE DR 179 17.79.0407.01 SMITH, SHEILA 54.61 110.59 2180 CAPECOD WAY N 180 4.70.2702.02 SOUTHSWORTH, BOB 62.11 153.62 1296 BACALL ST W NO ARRANGEMENTS ALLOWED FOR RENTERS PER PMIIIIIII THIS IS A CASH ONLY ACCOUNT AS LONG AS THE RENTERS (HARAS) ARE LIVING AT THIS PROPERTY DUE TO PREVIOUS RENTALS BY THEM IN MERIDIAN. 181 18.43.0180.04 SPENCER, BARRY A & SAMS, R B 55.24 117.04 2635 MOOG ST E 182 17.79.0613.02 STERN EXECUTIVE SEARCH, INC. 68.53 141.97 2103 COUGAR WAY N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 14 Standard Payment Customers Mar 11, 2008 04:42pm Current Period: 03/20/2008 - Transactions Included Through: 03/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address 183 15.21.0086.03 STONE, SHANNON 2411 BAYSTONE DR W 184 4.70.0036.03 SZENTANAI, CHRISTIAN 5726 BERGMAN AVE N Past Due Balance 72.06 148.28 194.12 52.89 81.16 185 15.22.1322.01 THEANDER, GLEN & KAREN 50.81 102.36 1945 MONACO WAY 186 16.32.1076.03 THI PRAM, HONG VAN 92.14 187.50 24 CHRISFIELD DR W 187 :14.19-5490.01 THOMPSON, DENNIS 77.39 194.12 3551 ANGELICA DR W 188 18.42.4224.03 TOLSON, JOSH 52.49 119.01 194 16.31.3056.04 2252 CHALLIS ST E (CORNER) 60.68 97.84 189: 8.08.0550.02 ULRICH, BRENT & ERICA 242.98 344.68 195 14.19.7150.02 3680 LEGACY WOODS AVE N 55.24 115.65 190 ' 17.79.0204.03 UPSHAW, JAMES & DOUTHIT,KATRIN 52.49 115.97 196 15.21.0004.02 692 BLUE HERON ST E 86.25 163.86 191 19.10.1716.02 VANDERLAAN, MAX J & RACHEL P 61.35 121.79 197 8.08.1318.03 2709 BETULA PL N 60.68 96.45 192 15.21.1582.04 VASQUEZ, JOE & DELIA52.49 111.54 198 4.70.0172.04 2741 JANELLE ST W 62.42 109.51 193 18.42.2146.03 VIRGIN, DEBORAH 50.81 126.54 2358 DEVLIN AVE N NO ARRANGEMENTS FOR RENTERSIII 194 16.31.3056.04 VUITTONET, JOSHUA 60.68 97.84 1003 CHATEAU DR W 195 14.19.7150.02 WAINWRIGHT, GEORGE 55.24 115.65 2570 TANGENT AVE N 196 15.21.0004.02 WALKER FAMILY TRUST 86.25 163.86 1632 TODD WAY 197 8.08.1318.03 WALKER, JAMIE 60.68 96.45 3573 WESTON WAY N 198 4.70.0172.04 WALKER, TRAVIS & GABRIELA 62.42 109.51 1274 BARRYMORE DR W • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 15 Standard Payment Customers Mar 11, 2008 04:42pm Current Period: 03/20/2008 - Transactions Included Through: 03/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref . No Cust No Name /Service Address 199 17.33.3746.05 WALLACE, BOW 2769 ARROW WOOD WAY N 200 ! 17.79.0506.02 WALLACE, J. & JANSEN, R. 2194 COUGAR WAY N 201 8.81.0416.02 WALLACE, JEFF & JENSEN, RYAN 436 ANTON ST E vv.vv IU0. a/ - 68.53 L 68.53 136.15 64.10 128.68 202 ;15.21.1868.03 WHITE, RITA 86.25 196.90 2638 REBECCA WAY 203 17.34.2828.02 WHITEHEAD, CHAD 55.84 122.10 1296 SHARPTAIL ST E 204 5.50.0265.03 WILDE, KRISTEN & DANIEL, KELLY 77.39 195.77 5356 RED HILLS PL N 205 9.15.2909.01 WILSON, BRENT & TAUSHA 91.69 147.70 725 GREAT BASIN DR W 206 7.48.0126.02 WINN, KENNETH 52.49 95.73 2332 BOWMAN ST E 207 17.33.4282.03 WOLIN, DALE & LOIS 55.24 121.47 2568 LARCHMONT AVE N 208 :17.33.2284.01 WOMACK, KEN 103.97 198.17 2467 ARROW WOOD WAY N 209 9.09.9126.05 WOYAK, CYNTHIA 219.60 219.60 1425 WHITE SANDS DR W 210 7.48.1707.02 WRIGHT, DAMONI & MONTANA 50.81 139.57 3941 DIXON AVE N 211 15.22.1530.02 WUPPER, ROBERT & JENNIFER 59.67 121.47 1931 KINGSWOOD CT 212 , 19.10.1411.02 YOUNGER, JOHN & BOBBETTE 100.68 181.33 4219 RACE ST E NO ARRANGEMENTS ALLOWED FOR RENTERS PER HPMIII 4 c CITY OF MERIDIAN Ref No Cust No Shutoff Account List CITY COUNCIL Page: 16 Standard Payment Customers Mar 11, 2008 04:42pm Current Period: 03/20/2008 - Transactions Included Through: 03420/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Name / Service Address Grand Totals: 212 Customers Listed Report Criteria: Tetminated customers not included Customer.Cust No () _ {<}7700000001 Customer.Bill Cycle = 2 CuJstomer.disconnected = No Customer.shut off list = No Past Due Balance 15,840.79 30,625.35 • March 7, 2008 MERIDIAN CITY COUNCIL MEETING March 11, 2008 APPLICANT ITEM NO. $-A REQUEST Final Agreement for Amended Bittercreek Meadows Agreement AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ' 0 01 Page 1 of 1 Tara Green From: Bill Nary Sent: Friday, March 07, 2008 1:15 PM To: Jaycee Holman Cc: Tara Green; Michelle Albertson; 'Charlie Rountree; Tammy de Weerd; Ted Baird Subject: Can we add a line to the consent agenda for Tuesday I may have a final Agreement for the Council and want to be sure there is notice. Can we add a line for: "Amended Bittercreek Meadows Agreement." If we get it today or Monday I can scan it in. If we don't then I can ask to pull it off. Bill Nary City Attorney/HR Director 703 Main St. Meridian, ID 83642 Ph.#'s Legal - 208.898.5506 HR - 208.898.5503 Fax - 208.884.8723 Cell - 208.440.3881 3/7/2008 March 7, 2008 MERIDIAN CITY COUNCIL MEETING March 11, 2008 APPLICANT ITEM NO. 4 REQUEST Executive Session per Idaho State Code 67-2345(1)(c.)&(f) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS 11 • 9 March 7, 2008 MERIDIAN CITY COUNCIL MEETING March 11, 2008 APPLICANT ITEM NO. 4 REQUEST Resolution No. 08-601 & Resolution No. 08-602 Condemnation of Properties for Executive Session AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. CITY OF MERIDIAN BY THE CITY COUNCIL: G ' � ,Jag SOLUTION NO. I (�o e j BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION APPROVING AN ORDER OF CONDEMNATION FOR THE REAL PROPERTY LOCATED AT 641 N. MAIN STREET IN THE CITY OF MERIDIAN AND LEGALLY DESCRIBED AS LOTS 16,17,18 AND 19, OF THE AMENDED PLAT OF BLOCK 1 OF THE TOWNSITE OF MERIDIAN, ACCORDING TO THE PLAT FILED IN BOOK 2 OF PLATS AT PAGE 61, RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian has sought in good faith to purchase the real property legally described in the caption of this Resolution and has been unable to make any reasonable bargain therefor; and WHEREAS, additional details regarding this matter are contained in the Order of Condemnation approved by this Resolution. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Order of Condemnation for 641 N. Main Street, Meridian, Idaho, a copy of which is attached to this Resolution and incorporated herein by this reference, is hereby approved. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. / VA MOPTED by the City Council of City of Meridian, Idaho this �< day of A 2008. tA by the Mayor of the City of Meridian, Idaho, this /` day of .2008. APPROVED: or- ERD, MAYOR ATTEST:' JAYC HOD , C Resolution Approving Order of Con dinaaa ipalf it I N. Main -1 of 1 ORDER OF CONDEMNATION LOTS 16,179 18, AND 19 OF THE AMENDED PLAT OF BLOCK 1 OF THE TOWNSITE OF MERIDIAN ACCORDING TO THE PLAT THEREOF FILED IN BOOK 2 OF PLATS AT PAGE 61, RECORDS OF ADA COUNTY, IDAHO, COMMONLY REFERRED TO BY ITS STREET ADDRESS AS 641 NORTH MAIN STREET, MERIDIAN, IDAHO WHEREAS, the City Council of the City of Meridian hereby makes the following findings of fact, conclusions, and order: 1. The acquisition of real property by an incorporated city for public buildings and grounds is a public use for which the City of Meridian has the power of eminent domain under section 7-701, Idaho Code. 2. The above -designated real property, (hereinafter referred to as the "Property") is to be acquired for a public use authorized by law, the taking of the property is necessary to such use, and the taking is located in the manner which will be most compatible with the greatest public good and the least private injury. 3. The property rights to be acquired include any and all estate, right, title, interest, appurtenances, tenements, hereditaments, reversions, remainders, easements, rents, issues, profits, rights-of-way and water rights in anywise appertaining to the Property as well in law as in equity. 4. The property is not already appropriated to a public use. 5. The names and addresses of the record title owners of the Property are Frank Ficken, a married man; 2724 Lavender Drive, Walnut Creek, CA 94596 and David Buich, a married man, 3100 N. Glen Stuart Lane, Eagle, ID 83616. The interest held is fee title owner. Order of Condemnation for 641 N Main -1 of 3 6. The City of Meridian commenced negotiations to purchase the Property and on the 6t' day of February, 2008 by certified U.S. mail, postage prepaid, addressed to the person or persons shown in the official records of the county assessor as the owner of the property, did deliver the following: (A) a summary of rights form required by Chapter 7, Title 7, Idaho Code, (B) a written offer to purchase the Property in its entirety, and (C) a copy of an appraisal prepared on behalf of the City of Meridian. More than thirty (30) days have elapsed since the City of Meridian made this offer to purchase the Property. 7. The City of Meridian, by and through its employees, contractors, and agents, has sought in good faith to purchase the Property and property interests described above, but the City of Meridian has been unable to make any reasonable bargain therefor. 8. It is timely to acquire the Property. NOW THEREFORE, IT IS HEREBY ORDERED AND THIS DOES ORDER, that the City of Meridian acquire the Property and the property interests hereinabove described through the exercise of its power of Eminent Domain, pursuant to Chapter 7, Title 7, Idaho Code. By action of the City Council at a Special City Council meeting held on the 'l M day of March, 2008. ROLL CALL: COUNCILMAN DAVID ZAREMBA VOTED COUNCILMAN JOE BORTON VOTED COUNCILMAN CHARLIE ROUNTREE VOTED —�— COUNCILMAN KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Order of Condemnation for 641 N Main -2 of 3 DATED: - -n�t� MOTION: APPROVED: 1° DISAPPROVED: A�MMY de WEERD ATTEST: BEL JAYCE OLMAN, CITY CLE Order of Condemnation for 641 N Main -3 of 3 CITY OF MERIDIAN RESOLUTION NO.t� O ��®pp 'h2 I, BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION APPROVING AN ORDER OF CONDEMNATION FOR THE REAL PROPERTY LOCATED AT 55 EAST BROADWAY AVENUE IN THE CITY OF MERIDIAN AND LEGALLY DESCRIBED AS LOT 20 IN BLOCK 1 OF THE AMENDED PLAT OF TOWNSITE OF MERIDIAN, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 2 OF PLATS AT PAGE 61, RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian has sought in good faith to purchase the real property legally described in the caption of this Resolution and has been unable to make any reasonable bargain therefor; and WHEREAS, additional details regarding this matter are contained in the Order of Condemnation approved by this Resolution. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Order of Condemnation for Lot 20, Block 1 of the Amended Plat of the Townsite of Meridian, a copy of which is attached to this Resolution and incorporated herein by this reference, is hereby approved. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ATTEST: H a City Council of City of Meridian, Idaho this day of 2008. he Mayor of the City of Meridian, Idaho, this day of Resolution Approving Order of 2008. APPROVED: TAMMY DOPE GZA L o4 !0tiidfthtd6n for 55 East Broadway -1 of 1 0 • ORDER OF CONDEMNATION LOT 20 IN BLOCK 1 OF THE AMENDED PLAT OF TOWNSITE OF MERIDIAN, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 2 OF PLATS AT PAGE 61, RECORDS OF ADA COUNTY, IDAHO, COMMONLY REFERRED TO BY ITS STREET ADDRESS AS A PORTION OF 55 EAST BROADWAY AVENUE, MERIDIAN, IDAHO WHEREAS, the City Council of the City of Meridian hereby makes the following findings of fact, conclusions, and order: 1. The acquisition of real property by an incorporated city for public buildings and grounds is a public use for which the City of Meridian has the power of eminent domain under section 7-701, Idaho Code. 2. The above -designated real property, (hereinafter referred to as the "Property") is to be acquired for a public use authorized by law, the taking of the property is necessary to such use, and the taking is located in the manner which will be most compatible with the greatest public good and the least private injury. 3. The property rights to be acquired include any and all estate, right, title, interest, appurtenances, tenements, hereditaments, reversions, remainders, easements, rents, issues, profits, rights-of-way and water rights in anywise appertaining to the Property as well in law as in equity. 4. The property is not already appropriated to a public use. 5. The names and addresses of the record title owners of the Property are David Buich and Karen Buich, husband and wife, 3100 N. Glen Stuart Lane, Eagle, ID 83616. The interest held is fee title owner. Order of Condemnation for 55 E. Broadway -1 of 3 • 0 6. The City of Meridian commenced negotiations to purchase the Property and on the 6t` day of February, 2008 by certified U.S. mail, postage prepaid, addressed to the person or persons shown in the official records of the county assessor as the owner of the property, did deliver the following: (A) a summary of rights form required by Chapter 7, Title 7, Idaho Code, (B) a written offer to purchase the Property in its entirety, and (C) a copy of an appraisal prepared on behalf of the City of Meridian. More than thirty (30) days have elapsed since the City of Meridian made this offer to purchase the Property. 7. The City of Meridian, by and through its employees, contractors, and agents, has sought in good faith to purchase the Property and property interests described above, but the City of Meridian has been unable to make any reasonable bargain therefor. 8. It is timely to acquire the Properly. NOW THEREFORE, IT IS HEREBY ORDERED AND THIS DOES ORDER, that the City of Meridian acquire the Property and the property interests hereinabove described through the exercise of its power of Eminent Domain, pursuant to Chapter 7, Title 7, Idaho Code. By action of the City Council at a Special City Council meeting held on they day of March, 2008. ROLL CALL: COUNCILMAN DAVID ZAREMBA VOTED COUNCILMAN JOE BORTON VOTED COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Order of Condemnation for 55 E. Broadway -2 of 3 • • DATED: a uk �v MOTION: APPROVED: / DISAPPROVED: ATTEST: JAYCEE HOLMAN. CITY C Y T MY de WEERD \�\ c BEL = .� stsl, a s � y'�',���Illlllfl IIIIf���t,r4\\ Order of Condemnation for 55 E. Broadway -3 of 3 • March 7, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Update on New City Hall Building Construction i March 11, 2008 ITEM NO. 5-A AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY HALL L, }�hf-41-it [ tllllt lc'it X124 MONTHLY REPORT MARCH. 2008 i f MERIDIAN CITY HALL L, }�hf-41-it [ tllllt lc'it X124 MONTHLY REPORT MARCH. 2008 S (..MEKIDIAN7,—I ' MERIDIAN CITY HALL MONTHLY REPORT MARCH, 2008 TABLE OF CONTENTS: Section 1 Executive Summary Section 2 Schedule Section 3 LEED Section 4 Financial Section 5 ASI's Section 6 RFI's Section 7 Submittals Section 8 Photos RECE1 7E.D LIAR 1 i ?w Cit, • EXECUTIVE SUMMARY SCHEDULE: Project schedule will be adjusted to reflect adjustment due to ASI's and weather: 67 ASI's - 27 work days - 5 weeks 21 weather days - 3 weeks Total Days Delay 8 weeks Critical Path Delay 6 weeks Original Completion: August 29, 2008 Current Estimated Completion: October 10, 2008 Petra will be working with the contractors in February to establish a revised completion date. LEED'S: o Project is scheduled for Silver LEED's accreditation. o Targeted points are 36 points out of a range of 33-38 for Silver. FINANCIAL: o Phase IV Plaza Bid Package is at $1.7mm to $2.2mm (depending on deductive alternates). o The resulting building budget is $19.9mm to $20.4mm. o Phase I, II, and III are 69% billed to date. ASI'S: o There is a total of 67 ASI's issued to date. o Resulting change orders are being processed and a time extension of 27 days has been incurred. RFI'S: o There is a total of 97 RFI's to date; four are active and 93 are closed. SUMBITTALS: o There is a total of 179 submittals to date; 14 are active and 165 are approved. 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Carpet System — Innovation and Design Credit,1 Point o Our carpet manufacturer has provided us with documentation that will lead toward a potential point for material reuse and recycled content that goes above and beyond the standard. We will implement this documentation with our submittal to the USGBC in hopes of achieving an additional Innovation and Design Credit. • Documentation of LEED EQ Credit 3.1 Indoor Air Quality - Construction o Monitoring in progress of all activities for HAVC system safeguards, such as plastic covers over open ductwork, cleanliness of underfloor areas, and ' any inspection of all adhesives and sealants in use for their VOC contents. This requires photo documentation, and a daily log of all activities. ' • Sheetrock Recycling — Materials a-nd Resource Credit 2.1 & 2.2 o Sheetrock scrap must be diverted from the landfill to attain the 75% ' requirement for achieving MR Credit 2.2. o We have secured local recycling sources that will accept our sheetrock scrap, at this time. The Ada County Landfill collects sheetrock, grinds the ' scrap, and combines this with wood chips, purchased by a local farmer using it for cattle bedding. As long as he is purchasing bedding, they will collect scraps. A second plan is in place to ensure sheetrock recycling. LEED Update 1 of 2 e Dumpster Update — List of recycled items to date. 180 90 LEED Update 2 of 2 Approx Approx Yards Yards To Material Type Capacity (in Cubic Yards) No of Dumps Recycled Landfill Metal 20 3 60 Plastic 10 2 20 Cardboard 10 4 40 Wood 10 9 90 Sheetrock 10 0 0 General Trash 30 3 90 180 90 LEED Update 2 of 2 1 0 # ' LEED for New Construction v2.2 L fi fi D Registered Project Checklist ' Project Name: Project Address: Yes 7 No ®�� Sustainafife Sites � ,, � � � � 14 Points.:'. Prereq 1 Construction Activity Pollution Prevention Required Credit 1 Site Selection 1 Credit 2 Development Density & Community Connectivity 1 Credit 3 Brownfield Redevelopment 1 Credit 4.1 Alternative Transportation, Public Transportation Access 1 Credit 4.2 Alternative Transportation, Bicycle Storage & Changing Rooms 1 Credit 4.3 Alternative Transportation, Low -Emitting & Fuel -Efficient Vehicles 1 Credit 4.4 Alternative Transportation, Parking Capacity 1 Credit 5.1 Site Development, Protect or Restore Habitat 1 Credit 5.2 Site Development, Maximize Open Space 1 Credit 6.1 Stormwater Design, Quantity Control 1 Credit 6.2 Stormwater Design, Quality Control 1 Credit 7.1 Heat Island Effect, Non -Roof 1 Credit 7.2 Heat Island Effect, Roof 1 Credit 8 Light Pollution Reduction 1 WateryEfficienCYl r 5 Points fiI ICredit 1.1 Water Efficient Landscaping, Reduce by 50% 1 ' flCredit 1.2 Water Efficient Landscaping, No Potable Use or No IrrigationCredit 2 Innovative Wastewater TechnologiesCredit 3.1 Water Use Reduction, 20% Reduction 1 Credit 3.2 Water Use Reduction, 30% Reduction 1 ' 9 13 13 Prereq 1 Fundamental Commissioning of the Building Energy Systems Required ' 9 Prereq 2 Minimum Energy Performance Required Prereq 3 Fundamental Refrigerant Management Required *Note for EAc1: All LEED for New Construction projects registered after June 26'', 2007 are required to achieve at least two (2) points under EAc1. ®Credit 1 Op timize Energy Performance 1 to 10 10.5% New Buildings or 3.5% Existing Building Renovations 1 14% New Buildings or 7% Existing Building Renovations 2 17.5% New Buildings or 10.5% Existing Building Renovations 3 21% New Buildings or 14% Existing Building Renovations 4 24.5% New Buildings or 17.5% Existing Building Renovations 5 28% New Buildings or 21 % Existing Building Renovations 6 31.5% New Buildings or 24.5% Existing Building Renovations 7 8 35% New Buildings or 28% Existing Building Renovations a 38.5% New Buildings or 31.5% Existing Building Renovations s ®Credit 2 42% New Buildings or 35% Existing Building Renovations On -Site Renewable Energy 10 1 to 3 Renewable Energy 1 P2.5% 7.5% Renewable Energy 2 12.5% Renewable Energy 3 Credit 3 Enhanced Commissioning 1 1 Credit 4 M9 Enhanced Refrigerant Management 1 1 Credit 5 Measurement & Verification 1 `I' credits Green Power 1 cordinued... K-- Matertals 8� Resou.rces _A 13 Points' Prereq 1 Credit 1.1 Credit 1.2 Credit 1.3 Credit 2.1 Credit 2.2 Credit 3.1 Credit 3.2 Credit 4.1 Credit 4.2 Credit 5.1 Credit 5.2 Credit 6 Credit 7 Storage & Collection of Recyclables Required Building Reuse, Maintain 75% of Existing Walls, Floors & Roof 1 Building Reuse, Maintain 100% of Existing Walls, Floors & Roof 1 Building Reuse, Maintain 50% of Interior Non -Structural Elements 1 Construction Waste Management, Divert 50% from Disposal 1 Construction Waste Management, Divert 75% from Disposal 1 Materials Reuse, 5% 1 Materials Reuse,10% 1 Recycled Content, 10% (post -consumer +'/ pre -consumer) 1 Recycled Content, 20% (post -consumer + % pre -consumer) 1 Regional Materials, 10% Extracted, Processed & Manufactured Regior 1 Regional Materials, 20% Extracted, Processed & Manufactured Regior 1 Rapidly Renewable Materials 1 Certified Wood 1 Indoor Envrrontnental Quali v -� _ . , . ,15 Points MEU; rf Prereq 1 Minimum IAQ Performance Required V Prereq 2 Environmental Tobacco Smoke (ETS) Control Required 1I ICredft 1 Outdoor Air Delivery Monitoring 1 1 1 Credit 2 Increased Ventilation 1 1 Credit 3.1 Construction IAQ Management Plan, During Construction 1 1 Credit 3.2 Construction IAQ Management Plan, Before Occupancy 1 1 Credit 4.1 Low -Emitting Materials, Adhesives & Sealants 1 1 Credit 4.2 Low -Emitting Materials, Paints & Coatings 1 1 Credit 4.3 Low -Emitting Materials, Carpet Systems 1 1 Credit 4.4 Low -Emitting Materials, Composite Wood & Agrifiber Products 1 1 Credit 5 Indoor Chemical & Pollutant Source Control 1 1 Credit 6.1 Controllability of Systems, Lighting 1 1 Credit 6.2 Controllability of Systems, Thermal Comfort 1 1 Credit 7.1 Thermal Comfort, Design 1 1 Credit 7.2 Thermal Comfort, Verification 1 1 Credit 8.1 Daylight & Views, Daylight 75% of Spaces 1 1 Credit s.2 Daylight & Views, Views for 90% of Spaces 1 Yes 7 No 121 131. : ®._ s L 1 Credit 1.1 Innovation in Design: Provide Specific Title 1 1 Credit 1.2 Innovation In Design: Provide Specific Title 1 1 Credit 1.3 Innovation In Design: Provide Specific Title 1 1 Credit 1.4 Innovation In Design: Provide Speck Title 1 1 Credit LEED®Accredited Professional 1 Yes T No 34 13 Z® Project Totals• • Points Certified: 26-32 points, Silver: 33-38 points, Gold: 39-51 points, Platinum: 52-69 poi L7 L.J Meridian City Hall Rc)CK SQLIQ . ; Meridian, Idaho February 29, 2008 �E IDIAN�- i®AFI® INCLUDED IN BUDGETS Current Budget January 31, 2008 1 2 3 Phase 1— Building Demolition & Abatement 4 Creamery Demolition & Abatement $426,357 5 6 Total Phase I — Building Demolition & Abatement $426,357 7 8 Phase II — Core & Shell 9 Sitework & Utilities $610,314 10 Structural Concrete $655,595 11 Mason $1584,760 12 Structural Steel $1,847,000 13 Rough Carpentry $0 14 Insulation & Dampproofing $67,182 15 Roofing & Shestmetal $182,990 16 Exterior Doors $7,820 17 Storefronts & Curtainwall $295,321 18 Shafiwall Framing & Drywall $363,287 19 Elevator $222,100 20 Total Phase II — Core & Shell $5,836,369 21 22 Phase III - TIIIVIEP 23 Architectural Metalworks $73,265 24 Carpentry -Framing, Backing $112,000 25 Cabinetry & Casework $464,000 26 Insulation & Dam roofin $22,388 27 Interior Doors $277,230 28 Interior Storefront $68,678 29 Coiling Overhead Doors/Screens $5,590 30 Interior Gypsum Drywall Systems $1,038.550 31 Ceramic Tile $110,953 32 Resilient Flooring $182,354 33 Paint & Wallcoverin s $151,275 34 Specialties $110,000 35 Operable Partitions $20,840 36 Access Flooring $528,800 37 WindowCoverin s $11,900 38 Fre Suppression Systems $412,879 39 Plumbing $953,385 40 HVAC $2,060,000 41 Electrical $2,749,895 42 Total Phase III — TUMEP $9,353,982 43 44 Phase IV — Plaza, Landscaping & Site Improvements 45 Sitework & Utilities 46 AC Paving 47 Concrete Paving 48 Landscaping 49 Structural Concrete 50 Masonry 51 Steel Fabrications 52 Framing Carpentry 53 Roofing, Insulation & Waterproofing 54 Doors, Frames & Hardware 55 Interior Walls & Painting 56 Specialties 57 Mechanical 58 Electrical 59 ITotal Phase IV — Plaza, Landscaping & Site Improvements - Totall $2,200,000 Total Phase IV — Plaza, Landscaping & Site Improvements - With Deductive Alternates H:\PROJECTS\2006\Wes\Meridian City Hall\Budgets\Budget History & Projections 022908 C t 1 1 t 60 61 F E 62 Demountable Walls (Olptions to $1.163 Million $0 63 Audio Visual Systems $204,379 64 Telecommunication Systems $219,000 65 Security Systems a4,6 5 66 Phone Service & Equipment Provider 67 Interior Signage Package Allowance 25 000 68 Total FF&E $533,074 69 70 General Conditions & Fees 71 Project Reimbursable Cost Allowances $279,812 72 Phase 11 General Conditions $181,029 73 Phase III General Conditions $181,029 74 Construction Contingency Balance $500,000 75 Winter Conditions Allowance $200,000 76 Estimated LEED Certification Costs for Silver $205,000 77 Estimated Value Engineering Allowance $0 78 Contract CM Fee $626,502 79 CM Fee Pending Change Order Change in Scope & Complexity $376,808 80 Total General Conditions & Fee $2,550,180 81 Total Project Direct Costs $20,899,962 82 83 EMLeg Site Costs 84 Contaminated Soils Removal $493,590 85 Unsuitable Soils Removal and Structural Fill for Contm & Unsuit. 79 526 86 Total Project Site Costs $873,116 87 88 Build[ n Construction Budget w/Site Development Costs $21,773,078 89 IlLess Creamery Demolition & Abatement $426,367 90 Less Contaminated and Unsuitable Soils Removal 73.116 91 lCuffent Building Construction Budget $20,473,605 I MPROJECTS12006\WeMeridian City Ha111Budgets\Budget History & Projections 022908 MERIDIAN CITY HALL CONTINGENCY ALLOCATION CONTINGENCY ALLOCATION Per 11/13/07 Budget Winter Conditions / Inclement Weather Costs billed to dated thru Feb 08 Billing Estimated Cost to Complete Estimated Contingency Balance after deducting Winter Conditions/Inclement Weather Costs Approved Change Orders thru 02/29/08 Deduct - Demo & Abatement Items IDS CO #01-06 MJ'S Backhoe CO#01 Partial amount for contaminated soil removal & replacement Total - Change Orders for Construction Activities to be deducted from Contingency Estimated Contingency Balance - as of 2129/08 Change Orders Pending City Approval ASI, RFI & Work Order Pricing Pending Change Orders Pricing Recd to Date Estimated Amount of ASI Pricing Outstanding Total - Cost of Outstanding Changes CONTINGENCY AMOUNT - BALANCE OF UNCOMMITTED • 03/11/08 Contingency Amount $ 700,000.00 $ 57,021.16 $ 92, 978.84 $ 150,000.00 $ 550,000.00 $ 953,407.46 $ 529,147.02 $ 379,566.00 $ 44,694.44 $ 655,305.56 $ - $ 655,305.56 $ 186,873.00 $ 468,432.56 $ 75,000.00 $ 393,432.56 $ 261, 873.00 $ 393,432.56 N 0) r 1 N O ♦ti V W E v O I --M-7 N2 co c) o ti 00 O O CO N U O N C Z O Z Z O �- d W U 0 Z a 4 O a U N N m co W 0 N N 0 O O C Or - EU mcg CD mmC) Nor. 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E a ra Q a Q m c 6 C'4 0 tiC0 V7 COD M (OOt�Oq ch(Dc0 CNO COO CNONOV �QV-ci CO CO OCD Co LO �C~DfM� OOi_ OC)COD O) 4:51 N 6c# E!3 69 6ck EA tf� EA tF? co CD N (00 O) ck 0 n C7 0 c Z W O c W v U E Q lu U p ZQ N C1 5UA o + O LL U' m 12 W _� m o v o _ a g E 9 pj of o m p '� W U WwoU H mp eU -j� F- F m C1 Z g c O ' O 00 00 m y„ c W O = m Q v W W e "�' = z� WLL! v1 m Z 7 J m p« LL m W O E LL a� m O a v) a y U m h W E c o c w Z 0 a O m c J of U O O E W co �° Z= U�7 Z �_ o o « c z c U c 7 C7 U a a° V H Z Z v D O U a ro J U m U r N ad ai '1097 N. ROSARIO STREET • MERIDIAN, ID 83642 a PHONE: (208) 323-4500 • FAX: (208) 32314507 Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0675 Page: 1 of 31 Note PadItem No. Status Required (Ball In CourtNotes Opened Closed ASI;0Na Df.. . 00001 PRO Furnish all labor, materials and equipment 4/20/2007 necessary to revise details A4 and B5 on sheet S3.1 and A3, B3 and 0 on sheet S7.2 as shown on attached sketches dated march 28,2007. ASL 02 ASI"NQ 03 00001 PRO Furnish all labor, material and equipment 6/26/2007 necessary to preform the following work: -Revise the finish floor elevation to 2610.4 -Footings and foundation shall bear on undisturbed native gravel or compacted granular fill per specification section 02300. -Any existing site fill encountered beneath the footings and foundations shall be removed to the undisturbed native sand and gravel. -In areas where removal of contaminated materials has extended below the bottom of footings, the over excavated areas shall be back filled and compacted with granular fill per specification section 02300. -Areas where excavation has occourred to enable the abandonment of water wells shall be backfilled with granular fill per specification section 02300. 00001 PRO Sheet A3.1: D1- Window Frames Types -revise 6/13/2007 frame type 13 per the enclosed Sketch. Attachments:SK-1 AST, ' 00001 PRO Sheet S5.2: The framing layout for the roof 6/26/2007 joists is specified to be at 5 equal spaces; however the framing plan shows 6 equal ' spaces. The enclosed sketch SK -1 shows the appropriate number of joists and spaces. Sheet S7.5, Detail E4: Revise the detail callouts ' for the TS sections to be TS 20x4x5/16 in lieu of the TS 16x4x5/16. See enclosed sketch SK -2. Attachments:SK-1, SK -2. Expedition® Report R_NP_01 Note Pads 323-4500 BOISE, IDAHO RCE -1875 ' 00001 PRO Sheet 52.11 and S2.12: Refer to the enclosed 6/26/2007 sheets for revisions required for the top of footing elevations based on the revised grading 1 plan. Sheets S5.2: Revised details D2, D5, D6, and El to reflect a deeper grade beam at the similar conditions on the north side of the building. Sheet S5.3: Revise details Bi, 132, and 63 to reflect the reference to the foundation plan for the T.O.F. elevations. Add the Footing Step Detail D6 to Sheet 55.3. tAttachments: Sheets S2.1 and S2.12, Sketches SK -1 thru SK -8. 1 ition® Report R_NP_01 ' • IRT.RA Note Pads ' 323-4500 BOISE, IDAHO ' RCE-118+755 n, ROCK SOLID 01WERAL COITMACMRS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 ' Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0676 Page: 3 of 31 Note PadItem No. Status Required Ball In CourtNotes Opened Closed ' 00001 NEW In response to the ACHD plan review 6/4/2007 comments, the attached civil drawings reflect the following modifications that have occurred to the civil drawings: ' 1. Sheet C1.0 has been added regarding construction requirements. Sheet C1.1 ' 2. Keynote 14 has been modified to include ACHD truncated dome requirements. 3. Dimensions have been included to R/W line from centerline for both Meridian and Broadway ' Road. 4. A dimension has been added showing the distance from centedine of railroad tracks to the ' south property line. 5. Longitudinal and cross slopes have been added. ' 6. The driveway approach has been modified per ACHD requirements. 7. Detail reference for curb terminus has been added to the plans. See added key note 28. ' 8. Grade break has been added at the new driveway. 9. Radii at the driveway have added. 10. The radii of the inside curves at the on street parking at on Broadway has been modified to 20' at TBC. 11. The roof drain has been rerouted to the southern seepage bed in the parking lot. The seepage bed size has been changed accordingly. 12. The seepage bed located in Broadway ' Avenue has been eliminated. All storm water from the Broadway Ave right of way will be routed into existing storm drain lines in ' Broadway Avenue. 13. The sand and grease trap elevations have been modified. 14. Key Note 27 has been added for pedestrian ' ramps at driveway. 15. Key Note 29 has been added for new stop sign at driveway. ' 16. Key Note 30 has been added for new 4" pvc pipe that is used to tie foundation drainage system into new 48 " dia. manhole per added key note 31. ExpeditiorP Report R NP_01 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0675 Page: 4 of 31 Note PadItem No. Status Required Ball In CourtNotes Opened Closed 17. Key Note 32 has been added for reference to curb taper at curb terminus at Broadway Ave. ' 18. Key Note 33 has been added for connection of inlet catch basin inlet to existing storm drain manhole at Broadway Ave. ' Sheet C4.1 has be renumbered to Sheet C3.1 Sheet C3.1 19. Source of groundwater data and design infiltration rate has been added to Sheet C3.1 Sheet C4.2 has been renumbered to Sheet C3.2 Sheet C3.2 20. Note 2 and sub notes 1 through 5 have been added to detail 1 on sheet C3.2 Sheet c4.3 has been renumbered C3.3 Sheet C4.1, C4.2, C4.3, C5.1 and Sheet C5.2 ' has been added to the set. Expedition® Report R_NF_01 Note Pade 1075 �hh 323-4500 BOISE, IDAHO RCE -1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0675 Page: 5 of 31 ' Note PadItem No. Status Required Ball In CourtNotes Opened Closed 00001 PRO Sheet C1.0: has been added regarding 6/26/2007 construction requirements Sheet C1. I: 2. Keynote 14 has been modified to include ACHD truncated dome requirements. 3. Dimensions have been included to R/W line form centerline for loth Meridian and Broadway Rd... 4.A dimension has been added showing distance from centerline of railroad tracks to the south properly line. 5. Longitudinal and cross slopes have been added. 6. The driveway approach has been modified per ACHD requirements. 7. Detail reference for curb terminus has been added to the plans. See added key note 28. 8. Grade break has been added at the new driveway. 9. Radii at the driveway have added. 10. The radii of the inside curves at the on street parking at on Broadway has been modified to 20' at TBC.. 11. The roof drain has been rerouted to the southern seepage bed in the parking lot. The seepage bed size has been changed accordingly. 12. The seepage bed located in Broadway Avenue has been eliminated. All stormwater form the Broadway Avenue right-of-way will be routed into the existing storm drain lines in Broadway Avenue. 13. The sand and grease trap elevations have been modified. 14. Key Note 27 has been added for pedestrian ramps at driveway. 15. Key Note 29 has been added for new stop sign at driveway. 16. Key Not 30 has been added for new 4" pvc pipe that is used to tie foundation drainage system into new 48" dia. Manhole per added key not 31. 17. Key Note 32 has been added for reference to curb taper at curb terminus at Broadway Expel ono Report R_NP_01 r _ JimNote Pads 1 _._.__.._.3233-450(}-, BOISE, MAHO RCE -118c8755 n ROCK SOLMI GENERAL CobURAC ORS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0675 Page: 6 of 31 ' Note Padltem No. Status Required Ball In CourtNotes Opened Closed Avenue. 18. Key Note 33 has been added for connection ' of inlet catch basin inlet to existing storm drain manhole at Broadway Ave. A6rf.1j8.. I_____00001 PRO Sheet C4.1: Has been renumbered to Sheet C3.1 Sheet C3.1 19: Source of groundwater data and design infiltration rate has been added to sheet C3.1 Sheet C4.2: Has been renumbered to Sheet C3.2 Sheet C3.2: 20. Note 2 and sub notes.1 through 5 have been added to detail 1 on sheet C3.2 Sheet C4.3: has been renumbered to Sheet C3.3 Sheet C4.1, C4.2, C4.3, C5.1 and Sheet C5.2 have been added to the set Attachments: Civil Drawings C1.0, C1.1, C2.1, C3.1, C3.2, C3.3, C4.1, C4.2, C4.3, C5.1 and C5.; Sheet 50.01: Add details C4, C5 and D4 to this 6/26/2007 sheet, per enclosed sketches SK -1, SK -2 and SK -3 Sheet S3.1: Revise details A4 and B5 enclosed sketches SK -4 and SK -5 Sheet S7.2: Revise detail A3 per enclosed sketch SK -4 Attachments: Sketches SK -1 thru SK -6 1 EVWrdon® Report R PIp_01 Note Pads 323-4500 BOISE, IDAHO ' RCE -18755 ROCK SOLE 00001 PRO Elevator Opening Framing: Revise the 6/26/2007 dimensions for the framing locations around the elevators at each level based on the enclosed sketches SK -1 and SK -2. Sheet S7.2: Provide and additional detail C7 showing the increased dimensions between the edge of slab and the perimeter support framing. See enclosed sketch SK -3. 00001 PRO Sheets A4.0, A4.1, A4.2, A4.3: Revise the 6/19/2007 exterior elevations per the enclosed revision sheets: A4.011, MAR, A4.2R, AUR. Sheets A5.0, A5.1, 5.2, A5.3: Revise the wall sections per the enclosed revised sheets: A5.011, MAR, 5.2, A5.3R. Expedition® Report R_NP_01 // \=Note Pads 323-4500 BOISE, IDAHO RCE -1875 00001 PRO Sheet S2.31: Revise the dimension between 6/19/2007 beams on gridlines 3 and 10 at the roof transition edge to be V-8". This will correspond with the dimension noted in the referenced detail. Sheet S2.31:Provide an additional detail reference El/S7.6 at the non-bearing edge of the stair vestibule adjacent to gridline F2.5. See enclosed sketch SK -1. Sheet S2.32: Revise the dimension between beams on gridlines 3 and 10 at the roof transition edge to be 1"-8". This will correspond with the dimension noted in the referenced detail dimension between the edge of slab and the perimeter support framing. Sheet S2.32: Provide an additional detail reference El/S7.6 at the non bearing edge of the stair vestibule adjacent to F10.5. See enclosed sketch SK -2. Sheet S2.42: Revise the dimensions for the elevator deck support beams as shown. See enclosed sketch SK -3. Sheet S7.6: Add detail El showing the configuration of the slab and wall framing at the stair vestibules of the -4th floor. See enclosed sketch SK -4. Attachements: Sketches SK -1 thru SK -4. 00001 PRO Please issue the following clarification to the 6/19/2007 contract documents per attached Stapley Engineering Memorandum dated June 15, 2007. �►SI'13 ' ' Na, 13 ' ;; 00001 PRO Please issue the following clarification to the 6/25/2007 contract documents per attached Stapley Engineering Memorandum dated June 20, 2007. IExpedition® Report R_NP_OI 00001 PRO 1. Furnish all labor, materials and equipment as 6/26/2007 required to install plastic laminate panels in elevator cars No. 2 and No. 2 as supplied and ' installed by the elevator manufacturer. Color of panels shall be 7922707 Brighton Walnut as manufactured by Wilsonart. 2. Furnish all labor material and equipment necessary to install software as required for card reader access system operation of elevator No. 3. 00001 PRO 1.Fumish all labor, material and equipment as 6/26/2007 required to install drainage fill and filter fabric at foundation drainage system. Drainage fill shall be clean crushed rock containing less then f percent fines passing the No. 200 Sieve. The filter fabric shall be woven or non -woven geotextile filter fabric of PP or polyester fibers, or combination of both. Flow rates range from 110 to 330 gpm per sq. ft. when tested according to ASTM D4491. 2.Install fabric and drainage fill as follows: a.Before installing drainage fill, lay geotextile filter fabric in trench and overlap trench sides. b.Place supporting layer of compacted drainage fill over compacted sub grade to a depth of 4". Install drainage pipe. Add drainage fill such that it is 12" minimum from face of footing and ' extend over top of footing a minimum of 12". Return drainage fill to face of foundation wall. Place drainage fill layer not exceeding 3 inches in depth. Compact each layer placed. c.After drainage fill has been installed, wrap top of drainage fill with geotextile fabric. Fasten and lap geotextile fabric per manufactures instructions. 3.Foundation drainage system shall run to the 4" pvc pipe connection the foundation drainage system to the 48" diameter manhole as shown on the revised civil drawings. Expedition® Report R_NP_01 11 11 11 11 I t Vii`Note Pads \` 323-4500 BOISE, IDAHO RCE -1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 32314500 • FAX: (208) 323-4507 Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0675 Page: 10 of 31 Note PadItem No. Status Requi n - 00001 NEW Furnish all labor materials, and equipment 6/26/2007 necessary to install a 48" diameter manhole and 4" pvc pipe for the foundation drainage system per key note 30 and 31 shown on the revised civil drawings. ASI::.7 00001 NEW The work shall be carried out in accordance with the following supplemental instructions issued in accordance with the contract documents without change in contract sum or contract time. Prior to•proceeding in accordance with this instruction, indicate your acceptance of this instruction, for minor change to the work as consistent with the contract documents and return a copy to the architect. Sheet A5.4 Detail A4: Add the following note: Provide 2" I.D. pipe nozzle outlet in bottom of gutter for connection of drain piping by mechanical. 7/10/2007 Expedition® Report R_NP_01 710reRWEIIII.- �,_-Note Pads '' i A) \ b 323-4500 BOISE, IDAHO RCE -1875 GENERATE. CONTRACTORS 1097 N ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 3231{500 • FAX: (208) 323-4507 Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0676 Page:' 11 of 31 Note PadItem No. Status Required 13all In CourtNotes Opened Closed 00001 NEW Sheet S2.41: 7/13/2007 1. Connections Grid lines 6 and 7. Remove the moment connection symbol from the V24x55 beams on grids 6 and 7 at the columns on Grid E. Provide a simple gravity connection at these locations. 2. Connectins Grid lines 6 and 7. Provide a moment connection symbol from the W24 x 55 beams on grids 6 and 7 at the columns on Grid G. Provide a rigid frame connection at these locations. 3. W12x16 beams. Provide 1/2" camber at all W12x16 beams with spans greater than 25 feet. t 1 1 1E)qmdftionO Report R_NP_01 Sheet 52.42: 1.Connections Grid line 7. Remove the moment connection symbol from the W24 x 55 beam on grid 7 at the column on Grid E. Provide a simple gravity connection at this location. 2. Connections Grid line 7. Provide a moment connection symbol from the W 24 x 55 beam on grid 7 at the column on Grid G. Provide a rigid frame connection at these locations. 3. W12 x 16 Beams. Provide 1/2" camber at all W12 x 16 Dams with spans greater than 25 feet. t 1 1 1E)qmdftionO Report R_NP_01 ..Note Pads ' 323-4500 BOISE, IDAHO ' RACE -11(9755T �, Da/K SOUD1 QBNERAT. CONTRACTORS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0675 Page: 12 of 31 Note Padltem No. Status Required Ball In CourtNotes Opened Closed AS 39 00001 NEW Sheet S2.41: Show 6 x 6 steel columns in 7/23/2007 canopy area build out at grids 6 and 7. See sketch SK -1. ' Sheet S2.52: 1. Provide dimensions for the locations of the TS sections that span east/west beyond grid A j at the west side canopy: These TS members, TS 20x4x5/16 are supported by the bracing located at the column noted in Item #1. See sketch SK -2. 2. Delete the TS 20x4x5/16 shown midway between grids 6 and 7 spanning from grid H to the TS20x4x5/16 at the entry column line. See sketch SK -2. Sheet S7.4 Detail E4: Add TS 6x6.1/4" column and the dimension locating the column. This column was shown in detail e4/S7.5 and in the architectural drawings, but was not reflected in the related plan view. See sketch SK -3. - Additional Sketches Enclosed. - Architectural Partial Wall Sections/Elevations: These sketches are the architectural elevations showing the configuration of the bracing at the East and West end of the building. Note the configuration of the braces is altered fro what appears in the original building elevations and details. See sketches SK -4 and SK -5. -Markups of the Canopy Sections from Steel shop drawings Sheet E-71-: These sketches reflect additional information that was not relayed during the review of the shop drawings. This additional information should allow completion of the shop drawings for the entry canopy areas. See sketches SK -6 and SK -7. IExpedition® Report R NP_01 ~��......, " 0- ,.\. 323-4500 BOISE, IDAHO. RCE -1875 ^^ ROCK s0im rxXrKTW'R AT _ f"A743 M A Note Pads 00001 NEW Sheet A2.01T: Per the contractors request the 8/2/2007 wall between Electrical 002 and Mechanical 003 may be left out until the electrical gear is installed and all clearances are verified. This wall may be moved as required into the Mechanical room 003 to accommodate this change. Additionally door 003A may be reositioned within this wall as required. Sheet M0.11: FCU 2 is to be relocated above door 003A as required, maintain all connections and piping as shown. IExpedition® Report R_NF_01 11 11 u t t [l �!,,,%�Q-N Note Pads ^iliiii 323-4540 BOISE, IDAHO RCE -1875 00001 NEW PETRA A] Reference: Full Tenant Improvement with MEP's 9/4/2007 Door Hardware Specification Section 08710Be advised of the following modifications to hardware requirements to the following doors: 1.Add Card Readers to doors 1016, 101C and 101D. These doors shall be secure from the Lobby. 2.Add Card Reader to door 101A. This door shall be secure from Stair 101 3.Add Card Reader to door 1046. This door to be secure from the exterior. 4.Add Card Reader to door 129. This door shall be secure from Receiving 129. 5.Add Card Reader to door 141. This door shall be secure from Corridor 140. 6.Revise door swing at door 152 to swing into Lobby 151. Revise lockset to Storeroom function 7.Delete Card Reader from door 124. 8.Add Card Readers to doors 232A and 238A. These doors shall be secure from Waling Area 237. 9.Add Card Reader to door 252. This door shall be secure from Corridor 246. 10.Delete Card Reader from door 312. Revise lockset to Storeroom. Function. 11.Revise lockset at door 315B to a Storeroom Function. This door shall be secure from Training 315. 12.Add Card Reader to Door 354. Door shall be secure from Lobby 304. 13.Add Card Reader to Door 307A. Door shall be secure from Corridor 305. Expedition® Report R NF_01 11 11 11 11 11 if 11 I Note Pad—s 323-4500 BOISE, IDAHO RCE -1875 1097 N ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0675 Page: 15 of 31 Note PadItem No. Status Required Ball In CourtNotes Opened Closed 00001 NEW PETRA A] Reference: Full Tenant Improvement with MEPs 9/4/2007 Reflected Ceiling Plan Sheets A7.21T and A7.221 Be advised of the following modifications to following ceiling heights: 1. Revise ceiling heights at Corridors 205, 222, 246 and 262 from 10'-0" to 9'-6"and revise soffits from 9'-6" to 9'-5". Note, the 11'-0" high ceiling at these locations shall remain as shown. 2. Revise ceiling height at Plan Vault 210 from 10'-0" to 8'-6". No. Z3 - ... . 00001 NEW Sheet A3.3 - Detail. A5: Provide a 9"x8 1/2"x3/8" 9/4/2007 fabricated angle with epoxy anchors at 24" o.c. for the steel lintel at the stair tower header per RFI #24. Fourth Floor Stair Construction: Provide columns and channels per RFI # 28 for the framing of Stair #4. Sheet S2.11/S2.12: Revise the floor framing to be a W21x44 at the following locations: Gridline 5.5 from D to E and Gridline 7.5 from D to E. _ 00001 NEW PETRA A7 Refer to attached civil drawings sheet C2.1. 9/21/2007 Expedition® Revise location of new water service to connect into existing 10" water service within property line as shown in lieu of connecting into existing 12" waterline located in Meridian Road. Note: Routing of sanitary service shall be located within the building structure per response to RFI No 22 see attached in lieu of location shown on sheet C2.1. Report R_NP_01 1097 N. ROSARIO STREET 0 MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX. (208) 323-4507 Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0676 Page: 16 of 31 Note Padltem No. Status Required Ball In CourtNotes Opened Closed 00001 NEW The electrical engineer has been in discussions 9/11/2007 with the supplier for the electrical bus -duct for the above referenced project. In there discussions, the question was raised whether the specified 208V bus -duct is required to be provided with a 200% neutral bus to match the specified 200% neutral bus for the main switchboard (MSBL). The specification for the bus -duct requires a 100% rated neutral bus. The electrical engineer has recommend that the 208V bus -duct be provided with a 200% rated neutral bus to keep the intent of the design consistent throughout the distribution system, and to minimize the effects of harmonic loads (computers, etc.) that are anticipated to be prevalent on the 208 volt distribution system in the facility. As such the electrical engineer recommends that the contractor provide the following revision in electrical work: Sheet E5.00 1. Bus-ducts'BD-LA' and BD -LB' shall be furnished and installed with 200% rated neutral bussing and the appropriate lugs necessary to accommodate the specified feeders. The electrical engineer has also reviewed the construction requirements for emergency distribution switchboard 'ESB3' with the electrical gear supplier; and has found that the contract documents indicate that the feeder for 'ESB3' is sized for 2,280 amps. Per the schedule on the documents,'ESB3' is rated for 400 amps. The electrical engineer dose not believe that the feeder to this switchboard needs to be sized for 2,280 amps. Therefore, in addition to the work recommended above, please direct the contractor to provide the following revisions in electrical work: Sheet E5.00 1.Feeder for TSBY (indicated as feeder'I' on feeder schedule) shall be 4-500 and 1-3(G)-4" in lieu of specified. En)edMonO Report R NF_01 0 323-4500 BOISE, IDAHO RCE -1875 Note Pads 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0676 Page: 17 of 31 Note Padltem No. Status Required Ball In CourtNotes Opened Closed 00001 NEW Reference: Full Tenant Improvment twith MEP's 9/18/2007 Door Hardware Specification Section 08710. Be advised of the following modifications to hardware requirments to the following doors. 1. Add Card Readers to doors 102A. This door shall be secure from Stair 104. 2. Add Card Reader to door 110A. This door shall be secure from Stair 110. '3. Add Card Reader to door 124A. This door to be secure from Corridor 113. 4. Add Card Reader to door 102C. This door shall be secure from Stair 104. 5. Delete Card Reader from door 224. 6. Add Card Reader to door 309. This door shall be secure from Corridor 305. 7. Add Card Reader to door 337B. This door shall be secure from Corridor 337. Steve Christiansen, LCA 9/17/2007 11►Bi �T � 11� ��' 00001 NEW Reference: Full Tenant Improvement with MEPs 9/20/2007 Hallow Metal Frames, Doorsand Glazing. 1. Refer frame hallow metal frame type W. Revise the two T-9" dimension to read 2'-0". Revise the overall 11'-2" dimension to'read 7'-8". Glazing in this frame shall be 1/4" wire glass. 2. Glass in frame type 'B' located at door 346B shall be 1/4" clear tempered glass. 3. Glass in frame type '13' located at doors 135A and 135B shal be type 3 "Fire Lite Plus" 4. Glass in door 133B shall be 1/4 wire glass. 5. Glass in door 135C shall be bype 3 "Fire Lite Plus" 6. Revise frame type for door 144A to read type 'X' in the door and frame schedule. This door and frame shall be glazed with "Fire Lite Plus". 7. Revise frame type for door 124 A to read type 'C in the door and frame schedule. 8. Revise frame type for door 347 to read type 'N' on the floor plan. Expedition® Report R NP_01 Note Pads ` 323-4500 ■ t WISE, RCE -IDAHO ' 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 a FAX: (208) 323-4507 Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0676 Page: 18 of 31 ' Note Padltem No. Status RequiredLBall In CourtNotes Opened Closed 00001 NEW Y Sheet A6.1T: See attached sketches SK -1 and 9/18/2007 SK -2 for additional dimensions of millwork and walls at the City Council Chambers. ASI 28: SK1, SK2. 00001 NEW Sheet M1.11: Provide (2) smoke dampers at 9/25/2007 9/25/2007 VAV #134 per enclosed RFI #38. Reference RFI #38. ASID.. ,ASI No 30 . 00001 NEW Sheet A8. IT: Revise Folding Partition detail D5 9/25/2007 per the enclosed sketch SK -1. Verify all framing requirment with Operable Folding Partition Submittal dated September 7, 2007. 00001 NEW Full Tenant Improvement with MEPs: 10/1/2007 Dimension Clarification: Revise the following dimensions typical all sheets. Gridline G to H is 27-8", Gridline H to ] is 18'-8". SK -1 00001 NEW PETRA AJ Refer to specification section 09511 Acoustical 10/15/2007 Panel Ceilings item 2.3. -Revise ACP -1 Product -to Dune 2712 Tegular Second Look (24x48). -Revise ACP -2 Product to Cortega 2758 Tegular Second Look (24x48). Expedition® Report RNP 01 M Rim PRPP Mza S IMMp- Mp 7-- Kp ^Ili.; 'r� u \ 323-4500 BOISE, IDAHO Note Pads ASt, 00001 NEW PETRA A] Full Tenant Improvement with MEPs Ceiling 10/15/2007 Revisions Sheet A6.6T: Delete the upper cabinets over the refrigerator or the copy machine at the following elevations: Al, A2, A4, 131, 135, D1, D2 and El. Sheet A6.7T: Delete the upper cabinets over the refrigerator or the copy machine at the following elevations: Al, 132, C1, C4, C5 and D2. Note: At copy machine locations, just the first (2) equal sections of cabinet are to be deleted. 00001 NEW Sheet AUT: At detail 132, provide a 24"x 24" 10/15/2007 opeing at each wall and trhough the insulation as shown on the enclosed sketch SK -1 to allow a return air path over the folding partition. Attachement: SK -1 00001 NEW ALLCON AB(Cold Shell and Core Package 10/29/2007 Screen Wall, Loading Dock and Ramp Area Revisions: Sheets A1.0 and A1.1: Modify the area of the loading dock, trash enclosure, ramp and screen walls per the enclosed sheets. Expedition® Report R—NP-01 Note Pads�i �' ■ i■ f� � tib 00001 NEW Sheet A2.01TF: 10/17/2007 1. At Elevator Equipment Room #001: Revise the North and West ails to be Wall Type #8A, 2 hour rated walls. 2. At Elevator Equipment Room #001: Provide a wall mounted fire extinguisher (10520) inside the door to this room. Sheet A2.02TF: 1.At Elevator Equipment Room #017: Revise the North, East and West walls to be Wall Type #8A, 2 hour rated walls. 2.At Elevator Equipment Room #017: Provide a Wall mounted fire extinguisher (10520) inside the door to this room. Sheet AIM Revise doors 001 and 017 to be provided with a 90 minute rating. Sheet AMT: E4- Wall Types, Wall Type #8: Add note as follows: Wall Type 8A is to be a 2 hour rated .wall per U.L. U419. Provide (2) layers of 5/8" type X gypsum board each side of wall. This wall is to be constructed at all walls of the elevator equipment moms, unless already shown to have a 2 hour wall. Sheet AUT: 1.11evise Detail B4 - Elevator Wall to be A4. 2.Revise Detail A4 as shown on sketch SK -1. Sheets E2.01L/E2.02L: Light fixture type WF3 in elevator pits shall be revised to Canlet no. 68 -02 -21 -OG -39. Fixture to be NEMA 4 rated vapor proof light fixture, wall mount, with 26W TRT lamp, polycarbonate globe and guard. Sheet E2.01M: 1.Furnish and install dedicated circuit for shunt trip connection to elevator disconnecting means in room 001. Circuit shall be LBA-59, #12's. Connect to shunt -trip device as required. Coordinate connection with elevator equipment supplier. 21ocate elevator disconnecting means in accordance with elevator equipment supplier and the local Authority having jurisdiction. Locations shown on plans are general and are to be coordinated for exact placement. Expedition® Report R_NP 01 Note Pads 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0675 Page: 21 of 31 Note PadItem No. Status Required Ball In CourtNotes Opened Closed 3.All wiring in elevator pit shall conform to requirements of NEMA 4 for wet locations. ' Sheet E2.02M: 1.Fumish and install dedicated circuit for shunt trip connection to both elevator disconnecting means in room 017. Circuits shall be LBB -27 and LBB -29, #12's. Connect to shunt -trip device as required. Coordinate connection with ' elevator equipment supplier. 21ocate elevator disconnecting means in accordance with elevator equipment supplier and the local Authority having jurisdiction. Locations shown on plans are general and are to be coordinated for exact placement. 3.11eceptacles in elevator pits 1 and 2 are to be GFI type receptacles. 4}All wiring in elevator pit shall conform to requirements on NEMA 4 for wet locations. 00001 NEW PETRA A] Full Tenant Improvements with MEPs. 10/17/2007 Rased on discussions between Geoff Johnson and Idaho Power Co. regarding the capacity of the pad mounted transformer(s) for doubling the neutral conductor capacity from the main switchboard MSBL to the pad mounted transformer, Idaho Power has indicated that the 200% neutral conductor's requirement shown ' on the documents can not be met. As such, the following electrical revisions are to be made: Sheet E5.00: Feeder `P' between main switchboard MSBL and Idaho Power 208V transformer to be revised to be (8) V C's each with 4-500 MCM in lieu of indicated. Please provide credit pricing for this revision in work. Because the system neutral is bonded to ground at the main switchboard, we do not believe that this revision will compromise the ' intent of the design to provide a system to accommodate the heating effects of non-linear electrical loads on the system. EVedftion® Report RNP 01 F323-4500 ' BOISE, IDAHO RCE -1875 ROCK SOLA 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0675 Page: 21 of 31 Note PadItem No. Status Required Ball In CourtNotes Opened Closed 3.All wiring in elevator pit shall conform to requirements of NEMA 4 for wet locations. ' Sheet E2.02M: 1.Fumish and install dedicated circuit for shunt trip connection to both elevator disconnecting means in room 017. Circuits shall be LBB -27 and LBB -29, #12's. Connect to shunt -trip device as required. Coordinate connection with ' elevator equipment supplier. 21ocate elevator disconnecting means in accordance with elevator equipment supplier and the local Authority having jurisdiction. Locations shown on plans are general and are to be coordinated for exact placement. 3.11eceptacles in elevator pits 1 and 2 are to be GFI type receptacles. 4}All wiring in elevator pit shall conform to requirements on NEMA 4 for wet locations. 00001 NEW PETRA A] Full Tenant Improvements with MEPs. 10/17/2007 Rased on discussions between Geoff Johnson and Idaho Power Co. regarding the capacity of the pad mounted transformer(s) for doubling the neutral conductor capacity from the main switchboard MSBL to the pad mounted transformer, Idaho Power has indicated that the 200% neutral conductor's requirement shown ' on the documents can not be met. As such, the following electrical revisions are to be made: Sheet E5.00: Feeder `P' between main switchboard MSBL and Idaho Power 208V transformer to be revised to be (8) V C's each with 4-500 MCM in lieu of indicated. Please provide credit pricing for this revision in work. Because the system neutral is bonded to ground at the main switchboard, we do not believe that this revision will compromise the ' intent of the design to provide a system to accommodate the heating effects of non-linear electrical loads on the system. EVedftion® Report RNP 01 Attachments SK -1, SK -2, SK -3, SK -4. Expedition® Report RNP 01 lofEnd Note Pads 323-4500 BOISE, IDAHO CU RCE -118+755 n ROCK SOD CONTRACTORS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 ' Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0676 Page: 22 of 31 ' Note Padltem No. Status Required Ball In CourtNotes Opened Closed ASI �8 , ..,ice �1+C►»=�8 '..:. '. 00001 NEW Be advised of the following modifications to 10/31/2007 hardware requirements to the following doors. Modify hardware as required for a secure door with access by card reader and or key only. 1.Add Card Reader to door 002 2.Add Card Reader to door 004 (One active leaf of pair of doors to room 004) ' 3.Add Card Reader to door 005 4.Add Card Reader to door 106 S.Add Card Reader to door 108 6.Add Card Reader to door 200 7.Add Card Reader to door 202 8.Add Card Reader to door 300 9.Add Card Reader to door 302 10.Add Card Reader to door 101E 11.Add Card Reader to door 312 00001 NEW Sheets A2.11T and A2.12T: Relocate WIndow 11/2/2007 Type "Q", typical of (2), at the City Council Chambers per the enclosed sketch SK -1 and SK -2. ASI46AS�:Ncr.40 00001 NEW PETRA A] Sheets A2.11T, A2.12T, A2.21T and A2.22T. 11/8/2007 Relocate the roof and overflow drain piping shown at gridlines 1-F and 12-F per the enclosed Sketches SK -1, SK -2, SK -3, and SK -4. Coordinate relocation with mechanical. Attachments SK -1, SK -2, SK -3, SK -4. Expedition® Report RNP 01 L] II 323-4500 BOISE, IDAHO RCE -1875 0 Note Pads 00001 NEW PETRA AJ Reference: Full Tenant Improvement with MEPs 11/19/2007 Sheets A2.12T and P1.12: Multi Purpose 142 - Delete the sink (P-11) from South section cabinets. Sheet A2.21T: 1. Work area 212: Revise per enclosed sketch SK -1. 2. Mens Shower 225. and Womens Shower 226: Delete all plumbing fixtures and revise to be Storage Rooms 225/226 as shown on enclosed sketch DK -1. Coordinate deletion with mechanical. Sheet A7.21T: 1. Work Area 212: Revise per enclosed sketch SK -2. 2. Men's Shower 225 and Women's Shower 226: Delete all plumbing fixtures and revise to be Storage Rooms 225/226 as shown on enclosed sketch SK -2. Provide lay -in acoustical ceiling as shown. SheetP2.11: Mens shower 225 and Womens Shower 226: Delete all plumbing fixtures and associated piping from these rooms. Sheet M2.11: Mens Shower 225 and Womens Shower 226: Delete all exhaust grills and associated duct work from these rooms. Sheet E2.21F: Mens Shower 225 and Womens Shower 226: Delete the Fre Alarm Horns at these two rooms. Sheet E2.21L: Mens Shower 225 and Womens Shower 226: Revise lighting at these two rooms to provide (1) GF2 type fixture at each room with normal switching. Attachements: Sketches SK -1, SK -2. ExpeditiorP Report R_NP_01 ' 00001 NEW PETRA A] Reference: Full Tenant Improvement with MEPs 11/19/2007 Sheets A6.12T: Elevation C5 - Revise the millwork for Reception 354 per the enclosed sketch SK -1. Note the millwork for Reception 321 to remain as per the original drawing. 00001 NEW PETRA WB Reference: Full Tenant Improvement with MEP's 11/19/2007 Access Flooring System 10270: Color selection for the Static Conductive Plastic Laminate in Rooms 311 and 312 is'Tate'Access Floor System Folkstone Graphbc. 00001 NEW PETRA A] Reference: Full Tenant Improvement with MEP's 11/19/2007 Sheet A8.3T: Detail El, revise condos note 06402110 (Wood veneer over MDF) to be 09260.P (5/8" type X Gypsum Board). AS1 A 00001 NEW PETRA A] Reference: Full Tenant Improvment with MEPs 11/19/2007 Sheet A7.21T and A7.22T: Revise the ceiling height of Unassigned Rooms 211 and 252 to be 9'-4". Revise the soffits of Lobby 111 to 9'-4" above the 2nd floor. Sheet M2.11 and M2.12: Revise the duct work at Fr --18 and 1717-19 per the enclosed sketch SK -12 and SK -13. ASI 4fi A$I No 46 00001 NEW Reference: Full Tenant Improvement with MEPs 11/19/2007 Sheet A6.6T: Elevation -131; Revise elevation per enclosed sketch SK -1. iExpedition® Report RL -NF 01 PIM—k Note Padr, 3234500 ]BOISE, IDAHO RCE -187.5 ROCK SOIX &'11:rhXCM AT A 1 00001 NEW 00001 NEW ASI 50 AM No S 1 00001 NEW Reference: Full Tenant Improvement with MEP's 11/20/2007 Sheets M1.01, M1.02, M2.01, M3.01, and M3.02: Revise the locations of the clouded VAV units per the enclosed sketches. Attachementsl_ SO, SK -8, SK -7, SK -5, SK -6. ...... .. . .. Reference: Full Tenant Improvement With MEP's 11/20/2007 -Sheets E2.11S, E2.12S, E2.21S, E2.22S, E2.31S and E2.32S: Revise the layout of the cable tray at each area per the enclosed drawings. Reference: Full Tenant Improvement with MEP's 11/19/2007 Sheet A2.22T: Provide openings in the gypsum board at the top 12" of wall along Gridline 9 for a return air path, net open area in wall shall be at least 13.33 sq. ft. See enclosed sketch SK -1. Sheet M2.11 and M2.12: Revise the duct work layout at the clouded areas shown on the enclosed sketch SK -14 and SK -15. Attachements: Sheet SK -1, SK -14 and SK -15. 00001 NEW Reference: Full Tenant Improvement with MEPs 11/20/2007 Sheet A3.3T: Revise detail D1 per enclosed sketch SK -1. Note this revision only occurs at the head of window type 'T along gridlines I and 12, between gridlines; F -J. All other locations are to be per the Construction Documents. IExpedition® Report RNP 01 Note Pads 323.4.- 500 BOISE, IDAHO RCE -1875 ^^ ROCK SOLE ' 1097 N. ROSARIO STREET a MERIDIAN, ID 83642 • PHONE: (208) 323-4500 a FAX: (208) 32314507 Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0675 Page: 26 of 31 Note Padltem No. Status Required Ball In CourtNotes Opened Closed ASi "X.. : Note Pads - 1097 N. ROSARIO STREET a MERIDIAN, ID 83642 • PHONE: (208) 323-4500 a FAX: (208) 323-4507 Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0675 Pam- 27 of 34 i Note Padltem No. Status Required Ball in CourtNotes Ouened Closed 00001 NEW PETRA A] Reference: Cold Core and Shell Package. 12/3/2007 Sheet S2.41: Adjust the roof elevation at gridline E to be 46-10 1/2". This information was revised in submittals. Provide reference to new detail B5/S/7.6, which shows the proposed method to adjust'the top of the masonry wall to the correct elevations. See enclosed sketch SK -1. Sheet S2.42: Adjust the roof elevation at gridline E to be 46-101/2". This information was revised in submittals. See enclosed sketch SK 2. Sheet S7.6: Add detail -135 showing a TS12x2x3/16 section cut to match the roof slope for the wall adjacent to gridline 3. See enclosed sketch SK -3. -- Sheet S 7.6: Revise detail C7 to indicate that the length of the dowels between the masonry wall and the concrete slab on deck will need to vary due to the slope of the roof. See enclosed sketch SK -4. Sheet S7.6: Revise detail C7 to indicate that the length of the dowels between 00001 NEW Reference: Community Plaza and Site 12/3/2007 Improvements: Sheet L1.70: Terllis Construction Details, See enclosed sketches SK -1, SK -2, SK -3, which clarify the materials and construction of this -__ structure. ExpeditionO Report RNP 01 323 -4500 ' BOISE, IDAHO RCE -1875 OCA SOLTI 1097 N. ROSARIO STREET a MERIDIAN, ID 83642 • PHONE: (208) 323-4500 a FAX: (208) 323-4507 Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0675 Pam- 27 of 34 i Note Padltem No. Status Required Ball in CourtNotes Ouened Closed 00001 NEW PETRA A] Reference: Cold Core and Shell Package. 12/3/2007 Sheet S2.41: Adjust the roof elevation at gridline E to be 46-10 1/2". This information was revised in submittals. Provide reference to new detail B5/S/7.6, which shows the proposed method to adjust'the top of the masonry wall to the correct elevations. See enclosed sketch SK -1. Sheet S2.42: Adjust the roof elevation at gridline E to be 46-101/2". This information was revised in submittals. See enclosed sketch SK 2. Sheet S7.6: Add detail -135 showing a TS12x2x3/16 section cut to match the roof slope for the wall adjacent to gridline 3. See enclosed sketch SK -3. -- Sheet S 7.6: Revise detail C7 to indicate that the length of the dowels between the masonry wall and the concrete slab on deck will need to vary due to the slope of the roof. See enclosed sketch SK -4. Sheet S7.6: Revise detail C7 to indicate that the length of the dowels between 00001 NEW Reference: Community Plaza and Site 12/3/2007 Improvements: Sheet L1.70: Terllis Construction Details, See enclosed sketches SK -1, SK -2, SK -3, which clarify the materials and construction of this -__ structure. ExpeditionO Report RNP 01 Note Pads 500 BOISE, IDAHO 0KX 00001 NEW AST Sl.. ". Reference: Full Tenant Improvement with MEPs 12/10/2007 Sheet A2.11TF: Revise wall type at Plan Vault 118 and Storage 126 to wall type 6 as detailed on sheet A8.OT. Sheet A2.21TF: Revise wall type at Plan Vault 210 to wall type 6 as detailed -on sheet A8.OT. Sheet A2.22TF: Revise wlal type at Storage 244 to wall type 6 as detailed on sheet A8.OT. Sheet M1.01: Provide (2) additional fire smoke dampers and ductwork at Storage Rooms 126 and 134 (leach) per enclosed sketch SK -1. 00001 NEW Reference: Full Tenant Improvement with MEPs 12/10/2007 Note: This ASI is clarifying the ceiling heights of the 2nd floor Lobby, Waiting and Main Corridors. Previously issued ASI's #22 and #45 had revised some of the ceiling heights in this area, please disregard these and use the information described here. Sheets A7.21T and A7.22T: Revise ceiling heights per enclosed sketches. Sheets A2.21T and A2 22T: At doors #222A and 262 only, revise frame type "Z" to be 9'-4" tall. At door #224 only revise frame type "C" to be 9'-4" tall. EvedfionO Report R_NP_01 • Note Pads I' 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0675 Page: 29 of 31 Note PadItem No. Status Required Ball In CourtNotes Opened Closed SS I1 00001 NEW � I Full Tenant Improvement with MEPs. 1/4/2008 Sheet E2.11P: City Council Conference 133, the Power for motorized shades shall be looted at the right side of each window opening, when facing the opening from inside the room (Keynote #22). Sheet E2.321): Mayor's Suite 343 and Executive Conference 346, the power for motorized shades shall be located at the right side of each window opening, when facing the opening from inside the room (Keynote #15). Sheet A2.01T: In Women's and Men's 022 add a door at the void adjacent to the countertop to create a storage closet per enclosed sketch SK -1. Finish interior walls and ceiling of storage closet with painted gypsum board. Ceiling height to be 9'-6". Floor finish to be sealed concrete. Sheet A3.0T: Add doors 019A and 022A to the door schedule per enclosed sketch SK -2. Report RNP 01 _..�.-323-4 500 ' BOISE, IDAHO RCE -11c8755 aXlT� • Note Pads I' 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0675 Page: 29 of 31 Note PadItem No. Status Required Ball In CourtNotes Opened Closed SS I1 00001 NEW � I Full Tenant Improvement with MEPs. 1/4/2008 Sheet E2.11P: City Council Conference 133, the Power for motorized shades shall be looted at the right side of each window opening, when facing the opening from inside the room (Keynote #22). Sheet E2.321): Mayor's Suite 343 and Executive Conference 346, the power for motorized shades shall be located at the right side of each window opening, when facing the opening from inside the room (Keynote #15). Sheet A2.01T: In Women's and Men's 022 add a door at the void adjacent to the countertop to create a storage closet per enclosed sketch SK -1. Finish interior walls and ceiling of storage closet with painted gypsum board. Ceiling height to be 9'-6". Floor finish to be sealed concrete. Sheet A3.0T: Add doors 019A and 022A to the door schedule per enclosed sketch SK -2. Report RNP 01 ' 00001 NEW Building Commissioning: Provide all labor, 1/17/2008 materials and equipment as required to assist Heery International, Inc. to complete LEED 2.2 ' commissioning services, Indoor Air Quality (IAQ) management plan during construction (LEED NC v2.2 IEQ credit 3.1) and Indoor Air Quality (IAQ) management plan pre -occupancy phase (LEED NC v2.2 IEQ credit 3.2) and per attached Commissioning Policies and t� Procedures Manual dated January 16, 2008. Sheet A2.12T: Revise the location of the wall at frame type L and door 143 per enclosed sketch SK -1. Sheet A2.32T: Revise the location of the South wall of Communications Office 351 and reverse frem type E and door 351 per enclosed sketch SK -2. ~� 00001 NEW Sheet AUT: Enlarged Elevator Plan - 65: 1/22/2008 Revise the 10'-8" dimension to be 10'-2" per enclosed sketch SK -1. ~--- 00001 NEW Reference: Full Tenant Improvement with MEP'S 1/22/2008 Specification Section 08710: Hardware Schedule: Doors 100A, 100B, 100C and 1001): Revise the closure to be a surface mounted device in lieu of the floor type specified. Closures to be Sargent Model 351. Expedifio,® Report R NP_01 IF Note Pad -s 00001 NEW Reference: Full Tenant Improvement with MEP'S 2/11/2008 Specification Section 15440: Reference Lavatory P-4 Note: Revise sensor operation to be battery operated in lieu of electric transformer operated. 00001 NEW Full Tenant Improvement with MEP's 2/28/2008 ' Sheet A6.0: Revise the framing dimensions for the showers at Shower 021 and 024 per the enclosed sketch SK -1. IExpeditionO Report R NP_01 •JETRRequests for Information Log 1 323-4500 BOISE, IDAHO RCE-11�8++75 n, QCK SOLID GENERAIL CONTRACTORS 1097 N. ROSAWO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX' (208) 32314507 ' Project Name: Meridian City Hail Date: 2/28/2008 Project No: 06-0675 Page: 1 of 4 'TypeTO From NumberTitle Status Date Approved Responded Required RFI CITYMER — PETRA 00001 Sample CLO 5/14/2007 5/21/2007 5/21/2007 5/21/2007 RFI LOMARC PETRA 00002 Project Director CLO 3/12/2007 3/19/2007 3/19/2007 3/19/2007 RFI LOMARC PETRA 00003 Water / Sewer for Plaza CLO 4/18/2007 4/18/2007 4/18/2007 4/25/2007 RFI LOMARC PETRA 00004 Change Detail C2 - S 5.2 CLO 4/20/2007 5/3/2007 5/3/2007 4/27/2007 RFI LOMARC PETRA 00005 Base Plate Change CLO 4/30/2007 5/3/2007 5/3/2007 y 5/7/2007 RFI LOMARC PETRA 00006 Embed Plate P-1, P-2 CLO 4/30/2007 5/3/2007 5/3/2007 5/7/2007 RFI LOMARC PETRA 00007 Rule Steel RFI No 2 CLO 5/1/2007 6/13/2007 6/13/2007 5/8/2007 RFI LOMARC PETRA 00008 Rule Steel RFI No 3 CLO 5/1/2007 5/21/2007 5/21/2007 5/8/2007 RFI —LOMARC PETRA 00009 Wall & Footing height CLO 5/8/2007 6/26/2007 6/26/2007 _ 5/15/2007 RFI LOMARC PETRA 00010 Foundation Drain at Basement CLO 5/16/2007 6/26/2007 6/26/2007 5/23/2007 'RFI LOMARC PETRA 00011 ASI Requests-Elevations and Details CLO 5/16/2007 6/26/2007 6/26/2007 — 5/25/2007 RFI LOMARC PETRA 00012 Rule Steel RFI No. 4 CLO 5/24/2007 6/26/2007 6/26/2007 5/31/2007 'RFI LOMARC PETRA -00013 Rule Steel RFI No. 5 CLO 5/30/2007 6/26/2007 6/26/2007 6/6/2007 RFI LOMARC PETRA 00014 Rule Steel RFI No. 6 CLO 5/30/2007 6/5/2007 6/5/2007 6/6/2007 RFI_ LOMARC PEW 00015 Top steel elevation@Detail(RS-7) CLO 6/11/2007 6/12/2007 6/12/2007 6/18/2007 tRFI LOMARC PETRA 00016 Beam Verification (RS-8) CLO 6/14/2007 6/26/2007 6/26/2007 6/21/2007 RFI LOMARC PETRA 00017 Domestic Water Source CLO 6/18/2007 6/20/2007 6/20/2007 6/20/2007 ' RFI LOMARC PETRA 00018 Wall Fa at Grid "D" CLO 7/5/2007 7/3/2007 7/3/2007 7/12/2007 RFI LOMARC PETRA 00019 Arched Chord Joist Connection(RS-9) CLO 7/5/2007 7/6/2007 7/6/2007 7/12/2007 RFI LOMARC PETRA 00020 Foundation Drain Colection Manhole CLO 7/11/2007 7/5/2007 7/5/2007 7/18/2007 RFI LOMARC PETRA_ 00021 Back Filling Basement Walls CLO 7/].9/2007 7/19/2007 7/19/2007 7/26/2007 RFI LOMARC PETRA 00022 Sewer Modification Request CLO 7/23/2007 8/1/2007 8/1/2007 7/30/2007 RFI LOMARC PETRA 00023 Masonry Mortar Color Clarification CLO 7/25/2007 7/27/2007 7/27/2007 8/1/2007 RFI LOMARC PETRA 00024 Steel Lintel at Stair Tower Header CLO 7/31/2007 8/2/2007 8/2/2007 ^8/7/2007_ RFI LOMARC_ PETRA 00025 _AC Bolt Correction _ CLO 7/31/2007 8/2/2007 8/2/2007 8/7/2007 RFI LOMARC PETRA 00026 Moment Frame Shear Tab Weld CLO 7/31/2007 8/2/2007 8/2/2007 8/7/2007 RFI LOMARC PETRA 00027 Sewage Ejector Tank CLO 8/6/2007 9/3/2007 9/3/2007 8/13/2007 RFI LOMARC _ PETRA 00028 4th Floor Stair Assembly CLO 8/8/2007 8/14/2007 8/14/2007 8/15/2007 RFI LOMARC PETRA 00029 Wall at Grid H - 4, 9 CLO 8/24/2007 9/18/2007 9/18/2007 8/31/2007 RFI LOMARC _ PETRA _00030 Water to fixture P-18 CLO 8/29/2007 9/5/2007 9/5/2007_ 9/5/2007 Expeditiors Report R RC_01_RFI ' � •110ET0111 323-4500 BOISE, IDAHO RCE -118755 QKX SOUR GENERAL CONTRACTORS Requests for Information Log 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 ' Project Name: Meridian City Hall Project No: 06-0675 Date: Page: 2/2812008 2 of 4 TypeTo From NumberTitle Status Date Approved Responded Required RFI LOMARC PETRA 00031 Vent for Ejector Pump CLO 8/29/2007 9/6/2007 9/6/2007 9/5/2007 RFI LOMARC PETRA 00032 Basement Toilet Rooms CLO 8/29/2007 9/6/2007 9/6/2007 9/5/2007 ' RFI LOMARC PETRA 00033 Floor Sink Near Grid 5-F CLO 8/29/2007 9/6/2007 9/6/2007 9/5/2007 RFI LOMARC PETRA 00034 Sink Near Grid 10-E CLO 8/29/2007 9/7/2007 9/7/2007 9/5/2007 ' RFI LOMARC PETRA 00035 Sink Near Grid 10-B CLO 8/29/2007 9/4/2007 9/4/2007 9/5/2007 RFI LOMARC PETRA 00036 Plumbing Drawing for 4th Floor CLO 8/29/2007 9/7/2007 9/7/2007 9/5/2007 RFI LOMARC PETRA 00037 Switch Board MDS Feeders CLO 9/5/2007 9/10/2007 9/10/2007 9/12/2007 RFI LOMARC PETRA 00038 VAV at Room 134 CLO 9/11/2007 9/14/2007 9/14/2007 9/18/2007 RFI LOMARC PETRA 00039 Interconnection of Fre Stand Pipes CLO 9/11/2007 9/11/2007 9/11/2007 9/18/2007 RFI LOMARC PETRA 00040 RWD 10-D CLO 9/12/2007 9/13/2007 9/13/2007 9/19/2007 RFI LOMARC PETRA 00041 Misc. Plumbing Questions P2.12 CLO 9/12/2007 9/13/2007 9/13/2007 9/19/2007 RFI LOMARC PETRA 00042 Shear Tab Correction CLO 9/18/2007 9/26/2007 9/26/2007 v 9/25/2007 RFI LOMARC PETRA 00043 Radius SOG at 2ed Floor CLO 9/24/2007 10/9/2007 10/9/2007 10/1/2007 ' RFI LOMARC PETRA 00044 Smoke Dampers CLO 9/27/2007 9/28/2007 9/28/2007 10/4/2007 RFI LOMARC PETRA 00045 Operable Wall Partition-Submittial CLO 9/27/2007 11/14/2007 11/14/2007 10/4/2007 RFI_ LOMARC PETRA 00046 HWS & HWS At Basement CLO 10/2/2007 10/2/2007 10/2/2007 10/9/2007 RFI LOMARC PETRA 00047 W8x10 at North Cold Air Return CLO 10/2/2007 10/5/2007 10/5/2007 10/9/2007 ' RFI LOMARC PETRA 00048 Clean Agent Releasing Panel CLO 10/3/2007 10/16/2007 10/16/2007 10/10/2007_ RFI W LOMARC PETRA 00049 Pre -Action Sequence of Operations CLO 10/3/2007 10/16/2007 10/16/2007 10/10/2007 RFI LOMARC� PETRA 00050 Elevator Shaft Fire Alarm Question CLO 10/4/2007 10/16/2007 10/16/2007 10/11/2007 RFI LOMARC PETRA 00051 Beam Web to Column Flange Weld CLO 10/4/2007 10/5/2007 10/5/2007 10/11/2007 RFI LOMARC PETRA 00052 Electrcal Drawings TI and Plaza CLO 10/18/2007 10/25/2007 10/25/2007 10/25/2007 RFI LOMARC PETRA 00053 Sprinkler Pipe Hangers CLO 10/22/2007 10/29/2007 10/29/2007 10/29/2007 RFI LOMARC PETRA 00054 Fre Suppression Flow Meter CLO 10/22/2007 10/25/2007 10/25/2007 10/29/2007 ' RFI LOMARC PETRA 00055 RDL & OFL CLO 10/29/2007 11/1/2007 11/1/2007 11/5/2007 RFI LOMARC PETRA 00056 ASI 32 Ceiling Tike Clarification CLO 10/30/2007 10/30/2006 10/30/2006 11/6/2007 RFI LOMARC PETRA 00057 Entry Vestibule Fre Suppression CLO 10/31/2007 11/7/2007 11/7/2007 11/7/2007 RFI LOMARC PETRA 00058 Fre Riser Room Issues CLO 10/31/2007 11/6/2007 11/6/2007 11/7/2007 RFI LOMARC — PETRA 00059 Supply & Return 1 -Hr Rated Assembly CLO 11/2/2007 11/14/2007 11/14/2007 11/9/2007 RFI LOMARC PETRA _ 00060 Under Floor Conflicts CLO 11/2/2007 11/19/2007 11/19/2007 11/9/2007 ' ExpediGonS Report R RC_01_RR • 323-4500 BOISE, IDAHO RCE -1875 0 Requests for Information Log Expedition Report R_RC_01_RFI - - vas a a�a'a�r a Vat►7 1097 N. ROSARIO STREET - MERIDIAN, ID 83642 - PHONE.• (208) 323-4500 - FAX: (208) 323-4507 Project Name: Meridian City Hall Project No: 06-0675 Date: 2/28/2008 Page: 3 of 4 TypeTo From Numberritle Status Date Approved Responded Required RFI LOMARC PETRA 00061 Access to Fre Smoke Dampers CLO 11/2/2007 11/19/2007 11/19/2007 11/9/2007 RFI LOMARC — PETRA 00062 Data Drops CLO 11/9/2007 11/20/2007 11/20/2007 11/16/2007 RFI LOMARC PETRA 00063 Electrical through Concrete Wall CLO 11/27/2007 12/3/2007 12/3/2007 12/4/2007 _ RFI LOMARC PETRA 00064 Sed Floor Sink at Grid 5/E CLO 11/27/2007 11/27/2007 11/27/2007 12/4/2007 RFI LOMARC PETRA 00065 Diminution Verification CLO 11/28/2007 11/29/2007 11/29/2007 12/5/2007 RFI LOMARC PETRA 00066 Fire Alarm Questions CLO 12/4/2007 12/11/2007 RFI LOMARC PETRA 00067 Security Camera Height CLO 12/12/2007 12/14/2007 12/14/2007 12/19/2007 RFI LOMARC PETRA 00068 Ceiling at Rm 111, 112. CLO 12/12/2007 12/14/2007 12/14/2007 12/19/2007 RFI LOMARC PETRA 00069 Zed Floor Duct Conflicts CLO 12/14/2007 12/14/2007 12/14/2007 12/21/2007 RFI --LOMARC PETRA 00070 Return Duct at RM 142 CLO 12/14/2007 12/14/2007 12/14/2007~ 12/21/2007 RFI LOMARC PETRA 00071 Gas Meter / Condensing Units CLO 12/14/2007 12/17/2007 12/17/2007 12/21/2007 RFI LOMARC PETRA 00072 Lower Entry Canopy Attachment CLO 12/18/2007 12/18/2007 12/18/2007 12/25/2007 .RFI.....-LOMARC —PETRA 00073 Sun Screen Top Attachment CLO 12/21/2007 12/28/2007 RFI LOMARC PETRA 00074—Exterior Wall Types CLO 12/26/2007 _ 1/2/2008 RFI LOMARC PETRA _ 00075 Fire Alarm Questions CLO 1/4/2008 1/15/2008 1/15/2008 1/11/2008 RFI LOMARC PETRA 00076 Brick Type A2 NEW 1/4/2008 1/11/2008 RFI LOMARC _ PETRA 00077 Test Switches for In -Duct Detectors CLO 1/11/2008 1/14/2008 1/14/2008 1/18/2008 RFI LOMARC PETRA 00078 Building Phone System _ NEW 1/14/2008 1/21/2008 RFI LOMARC PETRA 00079 Under Floor Duct Insulation CLO 1/14/2008 1/15/2008 1/15/2008 1/21/2008 RFI LOMARC PETRA 00080 Filters @ VAV & Fan Coils CLO 1/16/2008 1/22/2008 1/22/2008 1/23/2008— RFI LOMARC _PETRA— 00081 Column to Moment at Grid 4-E CLO 1/17/2008 1/18/2008 1/18/2008 1/24/2008 _ RFI LOMARC PETRA 00082 Johnsonite 6" Recess, Color #47 CLO 1/21/2008 1/21/2008 1/21/2008 1/28/2008 RFI LOMARC PETRA 00083` Interface Cable for York System CLO 1/21/2008 1/22/2008 1/22/2008 1/28/2008 RFI LOMARC —PETRA 00084 Framing Dimensions on First Floor CLO 1/23/2008 1/24/2008 1/24/2008 RFI LOMARC _PETRA 00085 _Exterior Light @ gridliine J CLO 1/24/2008 1/24/2008 _1/30/2008— 1/24/2008 1/31/2008 RFI LOMARC PETRA 00086 Water Supply to Refrigerators u` CLO 1/31/2008 2/8/2008 2/8/2008 2/7/2008 RFI LOMARC PETRA 00087 Fan Coil Unit - Verity Model Type CLO 1/31/2008 2/8/2008 2/8/2008 2/7/2008 RFI LOMARC PETRA 00088 Steel Question @ Parapet Wall CLO 1/31/2008 2/8/2008 2/8/2008 2/7/2008 RFI LOMARC PETRA 00089 Beam Pocket @ NW Stair Tower. ---------- CLO 2/1/2008 2/4/2008 2/4/2008 2/8/2008 RFI LOMARC PETRA 00090 __�__..._ Power to Clock and Flood Lights CLO - 2/5/2008 2/6/2008 - ----.__.....--- 2/6/2008 2/12/2008 Expedition Report R_RC_01_RFI 323-4500 BOISE, IDAHO RCE -1875 0 Requests for Information Log 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 a FAX: (208) 323-4507 Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0675 Page: 4 of 4 Type To From Numberrdle Status Date Approved Responded Required RFI LOMARC PETRA 00091 Power Shut Down at RM 013, 014, NEW 2/5/2008 2/12/2008 RFI LOMARC PETRA 00092 Parldng Lot Profile @Fiber CLO 2/8/2008 2/13/2008 2/13/2008 2/15/2008 RFI LOMARC PETRA 00093 Stair Tower Brick Relief Angle CLO 2/12/2008 2/13/2008 2/13/2008 2/19/2008 RFI LOMARC PETRA 00094 Chiller Support Structure CLO 2/13/2008 2/18/2008 2/18/2008 2/20/2008 RFI PETRA PETRA 00095 Data between Sever & RM 303 CLO 2/15/2008 2/18/2008 2/18/2008 2/22/2008 RFI LOMARC PETRA 00096 Window Head Drip, Flashing CLO ' 2/26/2008 2/26/2008 2/26/2008 3/4/2008 RFI LOMARC PETRA 00097 Time Warmer Entrance NEW 2/26/2008 3/4/2008 Expeditiorg Report R RC_01_RFI 11 11 n 11 0 323-4500 BOISE, IDAHO RCE -1875 0 Submittal Log 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 3234500 • FAX: (208) 323-4507 Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0675 Page: 1 of 5 Latest Dates Package Submittal Rev. Tide Status Ravel. Sent Retum Forward BIC DIV 02 02-222 029 Structural Excavation and Bacilli AAN 5/10/2007 5/11/2007 5/18/2007 5/29/2007 DN 02 02-222-01 001 Drain Rods APP 7/27/2007 7/30/2007 9/6/2007 9/7/2007 DN 02 02-222-02 001 1500 Gal Sand and Grease Interoepto APP 7/27/2007 7/30/2007 9/6/2007 9!7/2007 ' DIV 02 02-222-03 001 Manhole Ring APP 7/27/2007 7/30/2007 9/6/2007 9x//2007 — DN 02 02-222-04 001 Tapping Valves, (r APP 7/27/2007 7/30/2007 9/6/2007 9!7/2007 DIV 03 03-100 011 Footings and Foundations AAN 4/30/2007 4/30/2007 5/1/2007 5/1/2007 1 DIV 03 03-100-02 002 Concrete Mix Designs AAN 5/8/2007 5/8/2007 5/14/2007 5/16/2007 DIV 03 03-100-03 001 Concrete Mix Designs APP 5/10/2007 5/11/2007 5/31/2007 5/31/2007 DIV 03 03-100-06 001 First Floor Deck Rebar Shops AAN 7/24/2007 7/27/2007 8/6/2007 8/8/2007 ' DN 03 03-100-3 002 Upper Footings - Rebar Shops AAN 7/9/2007 7/9/2007 7/23/2007 7/23/2007 DIV 03 03300-01 001 PVC Watersiop APP 4/30/2007 4/30/2007 5/17/2007 5/17/2007 DN 03 03300-02 001 Vapor Block APP 4/30/2007 4/30/2007 5/17/2007 5/17/2007 ' DIV 03 03300-03 001 Concrete Ac oessories-Epoxy. APP 4/30/2007 4/30/2007 5/17/2007 5/17/2007 DIV 03 03300-04 001 Concrete Accessories -Form Oil APP 4/30/2007 4130/2007 5/17/2007 5/17/2007 DIV 03 03300-05 001 Concrete Accessories -Curing Compoun APP 4/30/2007 4/30/2007 5/17/2007 5/17/2007 ' DiV 03 03300-06 001 Silicate Hardener and Sealer APP 9/6/2007 9/6/2007 9/14/2007 9/14/2007 DIV 04 04400)-01 001 Masonry Accessories APP 6/14/2007 6/18/2007 7/3/2007 7/3/2007 DN 04 04200-01 001 Grout Mix Design APP 6/14/2007 6/18/2007 7/11/2007 7/11/2007 DIV 04 04200-02 001 Concrete Masonry Units APP 6/14/2007 6/18/2007 7/10/2007 7/11/2007 ' DIV 04 04200-03 001 Mortar Ma Design Type S APP 6/14/2007 6/18/2007 7/10/2007 7/11/2007 DIV 04 04200-04 001 Mortar Mix Design Type N APP 6114/2007 6/1812007 7/10/2007 7/11/2007 DIV 04 04-200-05 001 Mutual Brick Specifications APP 7/10/2007 7/13/2007 8/9/2007 8/9/2007 DIV 04 04200-06 001 Arriscraft Stone Submittial APP 7/16/2007 7/18/2007 7/23/2007 7/23/2007 DN 04 04200-07 001 Mortar Wx Colorchart AAN 7/25/2007 7/25/2007 8/1/2007 8/1/2007 DIV 04 04-810-01 001 Veneer Masonry Anchors APP 12/13/2007 12/13/2007 12/14/2007 12/17/2007 ' DIV 05 05500-02 005 Structural Steel Shops (Phasel) AAN 5/23/2007 5/29/2007 6/1212007 6/13/2007 DIV 05 05500-04 001 Revised Sheets from Phase 1 Set -APP 6/14/2007 6/14/2007 7/6/2007 7/6/2007 DIV 05 05-000-01 001 Weld Procedure Specifications APP 6/14/2007 6/20/2007 7/9/2007 7/10/2007 1 DIV 05 05-000-02 001 Welding Procedures and Specs -Field AAN 7/10/2007 7/12/2007 8/6/2007 8/8/2007 DN 05 05-300-01 001 Metal Deck- Shop Drawings No.1 APP 58/2007 5/9/2007 5/16/2007 5/17/2007 DN 05 05-300-02 002 J1, J2 Joists and Decking APP 5/23/2007 5/29/2007 6/14/2007 6/14/2007 ' DIV 05 05-400-01 001 Cold Formed Metal Framing AAN 6/14/2007 6/14/2007 7/11/2007 7/12/2007 T DIV 05 05-500 001 Anchor Bok Plan MCN 4/27/2007 4/30/2007 5/16/2007 5/17/2007 DIV 05 05-500-03 001 Stair#1 Plans APP 6/11/2007 6/12/2007 7/9/2007 7/10/2007 DIV 05 05-500-04 001 Structural Steel Shop (Phase 10 AAN 6/11/2007 6/12/2007 7/11/2007 7/13/2007 ' DIV 05 05500-05 001 Stair #2 Plans AAN 6/14/2007 6/14/2007 7/9/2007 7/10/2007 DN 05 05500-06 001 Shop Drawings - Bent Plate AAN . 7/13/2007 7/18/2007 8/6/2007 8/8/2007 DIV 05 05-500-07 001 Revised 1st,2nd,3rd,4th, Framing APP 8/29/2007 8/30/2007 9/27/2007 10/1/2007 ' DIV 05 05500-08 001 Sunscreens and Chiller Frame Shops AAN 9/4/2007 9/4/2007 9/27/2007 10/1/2007 DIV 05 05-500-09 006 EL -Beams and Canopys AAN 10/9/2007 10/3/2007 10/17/2007 10/17/2007 DIV 05 05-500-10 006 EL -Beams and Canopys Resubmit AAN 11/2/2007 11/15/2007 11/26/2007 11/26/2007 ' DN 05 05-521-01 001 Council Chambers Steel Shops AAN 12/11/2007 12/13/2007 18/2008 1/14/2008 DN 06 06-102-01 001 Interior Architectural Woodwork AAN 10/26/2007 10/30/2007 12/3/2007 12/3/2007 DIV 07 07210-01 001 Rigid Foam Insulation -Foundation APP 4/30/2007 4/30/2007 5/17/2007 5/17/2007 ' Expedition® Report R SB_01 DIV 12 12-484-01 001 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 ' DIV 13 13200-01 ' Project Name: Meridian City Hail Project No: 06-0675 Audiovisual Control System NEW 211/2008 2/13/2008 LOMARC Date: Page: 2/28/2008 2 of 5 ' Package Submittal Rev. Title Status Revd. Latest Dates Sent Retum Forward BIC Fire Piping.Hangars DIV 07 07-210-01 001 Building Insulation APP 6/14/2007 6/14/2007 7/11/2007 7/12/2007 9/10/2007 9/25/2007 9/25/2007 ' DIV 15 DIV 07 07-210-02 001 Foil Faced Fiberboard Insulation APP 8/15/2007 8/21/2007 9/14/2007 9/14/2007 DIV 07 07-500-01 004 Roofing APP 2/4/2008 2/6/2008 2/28/2008 2/26/2008 DIV 07 07-500-02 001 Metal Roofing NEW 2/4/2008 2/6/2008 LOMARC DIV 07 07-900 001 Joint Sealants AAN 5/8/2007 5/9/2007 5/15=7 5/21/2007 DIV 08 08-211-01 001 Wood Doors AAN 8/8/2007 8/9/2007 9/6/2007 9/6/2007 ' DIV 08 08-211-02 001 Wood Door Cut Sheets MCNR 8/8/2007 8/9/2007 9/6/2007 9/6/2007 ABS DIV 08 08-211-03 001 Door Sample for Color and Finish MCNR 12/27/2007 12/27/2007 1/2/2008 1/2/2008 ABS DIV 08 08-334-01 001 Overhead Coiling Grilles -AAN 10/10/2007 10/10/2007 11/1/2007 11/8/2007 ' DIV 08 08-411-01 002 Aluminum Entrances and Storefronts AAN 6/28/2007 6/28/2007 7/11/2007 7/13=7 DIV 08 08-630-01 001 Metal Framed Skylights APP 8/25/2007 6/28!2007 7/11/2007 7/13/2007 DIV 08 08-711-01 001 Finish Hardware Schedule MCN 8/8/2007 819/2007 9/6/2007 9/6/2007 DIV 08 08-800-01 001 Glazing AAN 6/25/2007 6/28/2007 7/11/2007 7/13/2007 DIV 08 08-800-02 001 Glazing Shop Drawings AAN 8/27/2007 9/4/2007 9/14/2007 9/14/2007 DIV 08 08-800-03 001 Spandrel Glass Color Selections NEW 2/1/1008 2/4/2008 LOMARC DIV 09 09-260-01 001 Gypsum Board Assemblies -APP 6/14/2007 6/14/2007 7/11/2007 7/12/2007 DIV 09 09310-01 001 Tile Color Boards NEW 2/13/2008 2/15/2008 LOMARC DIV 09 09310-02 001 Grout Color Chips NEW 2/13/2008 2/15/2008 LOMARC DIV 09 09-562-01 001 Sheet Vinyl APP 10/29/200710/3012007 11/16/2007 11/16/2007 DIV 09 09-574-01 001 Linear Metal Ceilings APP 6/14/2007 6/14/2007 7/11/2007 7/12/2007 DIV 09 09-651-01 001 Resilient Floor Tile APP 10/29/2007 10/30/2007 11/16/2007 11/16/2007 DIV 09 09-653-01 001 Rubber Base APP 10/29/1007 10/30/2007 11/16/2007 11/16/2007 DIV 09 09-080-01 001 Carpet APP 10/291200710/30/2007 11/18/2007 11/16/2007 DIV 09 09-720-01 004 Textile Wallcovering APP 8/8/2007 8/9/2007 9!7/2007 9!7/2007 DIV 09 09-900-01 002 Paint APP 9/27/2007 9/27/2007 10/10/2007 10/15/2007 ' DIV 10 10-100-01 001 Visual Display Surfaces APP 10/4/2007 10/4/2007 11/5/2007 11/8/2007 DIV 10 10-155-01 001 Toilet Partitions APP 10/4/2007 10/4/2007 2/19/2008 2/19/2008 DIV 10 10-265-01 001 Comer Guards APP 10/70/2007 10/10/2007 10/19/2007 10/19/2007 ' DIV 10 10-270-01 002 Access Flooring APP 10/3/2007 10/3/2007 11/6/2007 11/8/2007 DIV 10 10-505-01 001 Lockers AAN 10/4/2007 10/4/2007 11/5/2007 11/8/2007 DN 10 10-520-01 001 Fire Extinguisher and Cabinet APP 10/4/2007 10/4/2007 10/19/2007 10/19/2007 DIV 10 10.605-01 001 Wire Mesh Partitorns AAN 10/4/2007 10/4/2007 10/31/2007 11/8/2007 DIV 10 10-651-01 001 Operable Panel Partitions AAN 9/11/2007 9/14/2007 9/27/2007 9/27/2007 DIV 10 10-801-01 001 Toilet Room Accesories AAN 10/4/2007 10/4/2007 11/8/2007 11/8/2007 ' DIV 10 10-900-01 001 Television Well Mounts APP 10/4/2007 10/4/2007 11/5/2007 11/8/2007 DIV 10 10-900-02 001 Knox Box APP 10/4/2007 10/4/2007 11/5/2007 11/8/1007 DIV 12 12-484-01 001 Walk.Off Mats APP 10/29/2007 10/30/2007 11/16/2007 11/16/2007 ' DIV 13 13200-01 001 Audiovisual Control System NEW 211/2008 2/13/2008 LOMARC DIV 14 14-000-01 002 Elevator Submittials AAN 5/3/2007 5/7/2007 7/31/2007 5/31/2007 DIV 15 15-061-01 001 Fire Piping.Hangars AAN 10/9/2007 10/10/2007 10/30/2007 10/30/2007 DIV 15 15-075-01 001 Mechanical Identification APP 9/5/2007 9/10/2007 9/25/2007 9/25/2007 ' DIV 15 15-082-01 003 Pipe Insulation APP 9/7/2007 9///2007 9/26/2007 9/26!2007 i DIV 15 15-083-01 001 Mechanical Insulation APP 9/5/2007 9/10/2007 9/25/2007 9/25/2007 DIV 15 15-185-01 001 Hydronic Pumps AAN 9/14/2007 9/14/2007 10/12/2007 10/15/2007 t Expedition® Report R_S1301 DIV 15 15-185-15 001 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 9/7/2007 9/26/2007 9/26/2007 '1097 Project Name: Meridian City Hall Project No: 06-0675 15-185-16 001 Reduced Pressure Backflow Preventer APP Date: 2/28/2008 Page: 3 of 5 9///2007 9/26/2007 9/28/2007 Package Submittal Rev. Title Status Rcvd. Latest Sent Dates Retum Forward BIC 15-185-18 DIV 15 15-185-02 001 Hydronic Pumps 1,2,3,4,5 APP 9/7/2007 9/7/2007 9/26/2007 9/26/2007 DIV 15 15-185-03 001 Suction Diffuser APP 9/7/2007 9/7/2007 9/26/2007 9/26/2007 10/10/2007 10/30/2007 10/30/2007 DIV 15 15-185-04 001 Pressurized Expansion Tanks APP 9/7/2007 9/7/2007 9/26/2007 9/26/2007 001 DIV 15 15-185-05 001 Air Separator APP 9/7/2007 9/7/2007 9/26/2007 9/26/2007 DIV 15 15-185-06 001 Air Vent APP 9/7/2007 9///2007 9/26/2007 9/26/2007 DIV 15 DIV 15 15-185-07 001 Flexible Connectors APP 9/7/2007 9///2007 9/26/2007 9/26/2007 FDC,Hose Valve, Pump Test Connector DIV 15 15-185-08 001 Thermometers APP 9///2007 9/7/2007 9/28/2007 9/26/2007 DIV 15 15-185-10 001 Pressure Gauges APP 9///2007 9/7/2007 9/26/2007 9/26/2007 001 DIV 15 15-185-12 001 Circuit Setters APP 9/7/2007 9/7/2007 9/26/2007 9/28/2007 DIV 15 DIV 15 15-185-13 001 Read Out Kd APP 9///2007 9/7/2007 9/26/2007 9/26/2007 DIV 15 15-185-14 001 Safety Relief Valves APP 9/7/2007 9/7/2007 9/26/2007 9/26/2007 DIV 15 15-185-15 001 Reducing Valves APP 9/7/2007 9/7/2007 9/26/2007 9/26/2007 DIV 15 15-185-16 001 Reduced Pressure Backflow Preventer APP 9/7/2007 9///2007 9/26/2007 9/28/2007 DIV 15 15-185-17 001 Chem By -Pass Feeder APP 9/7/2007 9/7/2007 9/26/2007 9/26/2007 DIV 15 15-185-18 001 Test Plugs APP 917/2007 9/7/2007 9/26/2007 9/26/2007 DIV 15 15-185-19 001 Chemical Feeder Package APP 9/7/2007 9/7/2007 9/26/2007 9/26/2007 DIV 15 15-320-01 001 Fire Bell AAN 10/9/2007 10/10/2007 10/30/2007 10/30/2007 DIV 15 15-325-01 001 Fire Sprinkler Heads AAN 10/9/2007 10/10/2007 10/30/2007 10/30/2007 DIV 15 15-325-02 001 Riser Manifold AAN 10/9/2007 10/10/2007 10/30/2007 10/30/2007 DIV 15 15-325-03 001 Fire Pre -Action Valve AAN 10/9/2007 10/10/2007 10/30/2007 10/30/2007 DIV 15 15-325-04 001 Fire Backflow Preventor AAN 10/9/2007 10/10/2007 10/30/2007 10/30/2007 DIV 15 15-325-05 001 Groove Fittings AAN 10/9/2007 10/10/2007 10/30/2007 10/30/2007 DIV 15 15325-06 001 FDC,Hose Valve, Pump Test Connector AAN 10/9/2007 10/10/2007 10/30/2007 10/30/2007 DIV 15 15-325-07 001 Check Valve AAN 10/9/2007 10/10/2007 10/30/2007 10/30/2007 DIV 15 15-325-08 001 Basment and let Piping Shops NEW 10/29/2007 10/31/2007 LOMARC DIV 15 15325-09 001 Piping Plans Basement and 1st Floor NEW 11/26/2007 11/30/2007 LOMARC DIV 15 15325-10 001 Hydrolic Calculations PRO 11/26/2007 11/30/2007 12/14/2007 12/14/2007 DIV 15 15328-01 001 Fire Pump AAN 10/10/2007 10/10/2007 10/30/2007 10/30/2007 DIV 15 15-400-01 001 Sewage Ejector System AAN 7/30/2007 7/30/2007 8/9/2007 8/9/2007 DIV 15 15-400-02 002 P-1 Water Closet APP 11/1/2007 11/8/2007 11/16/2007 11/16/2007 DIV 15 15-400-03 002 P-2 Water Closet ADA APP 11/6/2007 11/6/2007 11/16/2007 11/16/2007 DIV 15 15-00-04 002 P3 Urinal APP 11/6/2007 11/6/2007 11/16/2007 11/16/2007 DIV 15 15-400-05 001 P-4 Lavatory (ADA) (1) AAN 9/7/2007 9///2007 9/26/2007 9/26/2007 DIV 15 15-400-06 001 P-5 Lavatory (ADA) (2) AAN 9/7/2007 9/712007 9/28/2007 9/26/2007 DIV 15 15-400-07 001 P-6 Floor Drain AAN 9/7/2007 9/7/2007 9/26/2007 9/26/2007 DIV 15 15-400-08 001 P-7 Shower Stall ADA AAN 9/7/2007 9/7/2007 8/26/2007 9/26/2007 DIV 15 15.400-09 001 P-8 Shower Stall AAN 9/7/2007 9/7/2007 9/28/2007 9/26/2007 DIV 15 15-400-10 001 P-9 Janitor Sink APP 9/7/2007 9///2007 9/26/2007 9/26/2007 DIV 15 15-400-11 001 P-10 Floor Sink AAN 9/7/2007 9/7/2007 9/26/2007 9/26/2007 DIV 15 15-400-12 001 P-11 Sink AAN 9/7/2007 9/7/2007 9/26/2007 9/26/2007 DIV 15 15-400-13 001 P-12 Floor Sink (2) AAN 9/7/2007 9/7/2007 9/26/2007 9/26/2007 DiV 15 15-400-14 _ 001 P-15 Water Heater APP 9/7/2007 9/7/2007 9/26/2007 9/26/2007 DIV 15 15-400-15 001 P-16 Thermostatic Mbdng Valve APP 9/7/2007 9///2007 9/26/2007 9/26/2007 DIV 15 15-400-16 001 P-17 Water Heater (2) AAN 9///2007 9/7/2007 9/26/2007 9/26/2007 Expedition® Report R SB_01 11 11 11 0 323-4500 BOISE, IDAHO RCE -1875 Submittal Log DIV 15 15900-03 001 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 9/10/2007 ' Project Name: Meridian City Hall Project No: 06-0675 9/25/2007 DN 15 15900-04 001 Date: 2/28/2008 Page: 4 of 5 Package Submittal Rev. Title Status Rcvd. Latest Sent Dates Retum Forward BIC Yamas Controls -DDC Submflfials DN 15 15-400-17 001 P-18 Water Cooler APP 9/7/2007 9!7/2007 11/16/2007 11/16/2007 Test and Ballance Qualification DIV 15 15-400-18 001 P-19 Eyewash AAN 9/7/2007 9/7/2007 9/26/2007 9/26/2007 APP DN 15 15-400-19 001 P-20 Breakroom Sink AAN 9/7/2007 9/7/2007 9/26/2007 9/26/2007 10/1/2007 DIV 15 15-400-20 001 DC - Downspout Covers APP 9/7/2007 9/7/2007 9/26/2007 9/28/2007 10/3/2007 DIV 15 15-400-21 001 RD - Roof Drain AAN 9/7/2007 9!//2007 9/26/2007 9/26/2007 12/4/2007 DIV 15 15-400-22 001 OFD - Overflow Drain AAN 9/7/2007 9/7/2007 9/26/2007 9/26/2007 12/5/2007 ' DIV 15 15-400-23 001 Hose Bibb APP 11/6/2007 11/6/2007 11/16/2007 11/16/2007 12/5/2007 DIV 15 15-513-01 001 Condensing Balers AAN 9/7/2007 9/7/2007 9/28/2007 9/28/2007 DIV 16 DIV15 15-026-01 002 Rotary Screw Water Chillers APP 11/1/2007 11/7/2007 11/16/2007 11/16/2007 DN 16 DIV 15 15-725-01 001 Modular Indoor Cetral Air Unit APP 9/5/2007 9/10/2007 9/25/2007 9/25/2007 16-721-02 DIV 15 15-725-02 001 Modular Indoor Cetral Air Unit APP 8/29/2007 9/10/2007 11/16/2007 11/16/2007 Telecommunication Cable DIV 15 15-734-01 001 Computer Room Air Conditioning Unit AAN 9/5/2007 9/10/2007 9/25/2007 9/25/2007 NEW ' DN 15 15-738-01 001 Split System Air Conditioning Units AAN 9/5/2007 9/10/2007 9/25/2007 9/25/2007 DIV 15 15-762-01 001 Unit Heaters AAN 9/5/2007 9/10/2007 9/25/2007 9/25/2007 DIV 15 15-765-01 001 Access FloorTemrinal Units APP 9/5/2007 9/10/2007 9/25/2007 9/25/2007 DIV 15 15-815-01 001 Metal Duct APP 9/5/2007 9/10/2007 9/25/2007 9/25/2007 DIV 15 15-820-01 001 Dud Accessories AAN 9/5/2007 9/10/2007 9/25/2007 9/25/2007 DIV 15 15-838-01 001 Power Venilator AAN 9/5/2007 9/10/2007 9/25/2007 9/25/2007 DIV 15 15-855-01 001 Diffusers, Registers, Grflles AAN 9/5/2007 9/10/2007 9/25/2007 9/25/2007 DIV 15 154855-02 001 York Grilles Color Charts APP 12/11/2007 12/13/2007 1/7/2008 1/14/2008 DIV 15 15900-01 001 Controler and Parcel Device Data AAN 9/5/2007 9/10/2007 9/25/2007 9/25/2007 . DIV 15 15900-02 001 Field Device Data AAN 9/5/2007 9/10/2007 9/25/2007 9/25/2007 DIV 15 15900-03 001 Control Valve Schedule Data APP 9/5/2007 9/10/2007 9/25/2007 9/25/2007 DN 15 15900-04 001 Circuit Sensors APP 9/7/2007 9/7/2007 9/28/2007 9/26/2007 DIV 15 15-900-05 001 Yamas Controls -DDC Submflfials NEW 2/14/2008 2/27/2008 11/5/2007 LOMARC DIV 15 15-950-01 001 Test and Ballance Qualification APP 9/5/2007 9/10/2007 9/25/2007 9/25/2007 DIV 18 16-000-01 001 MSB Submtttials APP 7/20/2007 7/23/2007 8/16/2007 8/16/2007 DIV 16 16-111-01 001 Conduit APP 10/1/2007 10/3/20117 12/d/2nn7 1219P"7 DIV 16 16-114-01 001 Cable Tray APP 10/3/2007 10/3/2007 11/5/2007 11/5/2007 DN 16 16-120-01 001 Wires and Cables APP 10/3/2007 10/3/2007 12/4/2007 12/5/2007 DIV 16 16-125-01 001 Modular floor Systems AAN 10/3/2007 10/3/2007 11/5/2007 11/5/2007 DIV 16 16-130-01 001 Boxes AAN 10/3/2007 10/3/2007 12/4/2007 12/5/2007 DIV 16 16-141-01 001 Wiring Devices APP 10/3/2007 10/3/2007 12/4/2007 12/5/2007 DIV 16 16-149-01 001 Low VoRage Switching APP 10/3/2007 10/3/2007 12/4/2007 12/5/2007 DN 16 16-425-01 001 Switchboards AAN 10/3/2007 10/3/2007 12/4/2007 12/5/2007 DIV 16 16-485-01 001 Bus Dud AAN 10/3/2007 10/3/2007 12/4/2007 12/5/2007 DN 16 16-470-01 001 Panel Boards MCN 10/3/2007 10/3/2007 12/4/2007 12/5/2007 DN 16 16510-01 001 Lighting Fodures AAN 10/3/2007 10/3/2007 12/4/2007 12/5/2007 DIV 16 16-622-01 001 Generator Set AAN 10/3/2007 10/3/2007 12/4/2007 12/5/2007 DIV 16 16-622-02 001 Generator Supplimental Info NEW 2/1/2008 2/13/2008 LOMARC DN 16 16-721-01 001 Fire Alarm AAN 10/3/2007 10/3/2007 12/4/2007 12/5/2007 DIV 16 16-721-02 001 Fire Alarm System Drawings MCNR 10/3/2007 10/3/2007 12/12/2007 12/13/2007 SIMGRI DIV 16 16-741-01 001 Telecommunication Cable NEW 2/11/2008 2/18/2008 LOMARC DN 16 16-741-02 001 Telecommunication Equip Rack NEW 2/11/2008 2/18/2008 LOMARC Expedition® Report R_SB_01 "\Submittal Log 323-4500 BOISE, IDAHO RCE -1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 a PHONE: (208) 323-4500 • FAX: (208) 323-4507 Project Name: Meridian City Hall Date: 2/28/2008 Project No: 06-0675 Page: 5 of 5 Package Submittal Rev. Tltle Status Rcvd. Latest Dates BIC Sent Retum Forward DIV 16 16-741-03 001 Telecommunication Jacks and Plates NEW 2/11/2008 2/18/2008 LOMARC DIV 16 16751-01 001 Access Control System NEW 1/11/2008 1/14/2008 LOMARC� DN 16 16761-01 001 Video Surveillance Systems NEW 1/11/2008 1/14/2008 LOMARC Report R_SB_01 41 • 0 I I S" .-s � �g� � � r�1 r �'�� � eYya i �� ¢' � J a" ..; .1 �k %� F � Y �� �a ,, . �� _ .� , : �� ' - � .�,, E � _ _ _ - �. ,� ��,; ��'�� yyy �r1�, � .nt_ � I. t•�rj 4 r ,�� k � � � � � r m 1 � �� S ', `i �� _ � � _ *� � � - - -"� ,s" .� � � . �I 4� � _ � -�y.a _ _� zr F "AAT - _ ` � , � 1. � � p ....,._ , ti l -r— ,, t t� �r ��t�.r• N��,� 'C��y •' '�,� R �'e..s µ { � �. i � i ram., _ #+• �,' � _i.. _ _ it �_ y f .Cf.x.y. .�� . _i �',�it'i -� �, �'' y.f -_ •-- -, ri. �.. -- ,a+� we ILII I ��."� �:, �� � - x �. �- a -e.=.. 's s ` to r . .._ rYS.�.. _ Y� � _ _ ___ __ ___. _ _ — ___ �I� � r �.£ i t ' S T ,. S �' � �"r .i � F j � c is � �r � `G �. eye �" . -�.- .�: �..... �. 1i .. _a� -- j � `/` .� i{� { � vJ �� x fi � r.r r. 4-t-1 1 � � ` "� i - IM i� � � � �, j � ^' t i, v � � ;, � �� a# �k --- J -' _ 0 0 March 7, 2008 MERIDIAN CITY COUNCIL MEETING March 11, 2008 APPLICANT ITEM NO. S -B REQUEST Audit Report with Kevin Smith of Eide Bailly AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. March 7, 2008 MERIDIAN CITY COUNCIL MEETING March 11, 2008 APPLICANT ITEM NO. S -C REQUEST ACHD Update on the Fairview Corridor Study AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: 1 CITY FIRE DEPT: �lJ CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ` CITY PARKS DEPT: 1 MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. rI L -A �ioo++..vvv�e��o 5r�i�iee TO: City of Meridian Mayor and Council FROM: Kendall Kemmer, Project Manager 74e- DATE: 4L DATE: March 3, 2008 0 Carol A. McKee, President Sherry R. Huber, 1 sc Vice President Dave Bivens, 2nd Vice President John S. Franden, Commissioner Rebecca W. Arnold, Commissioner 1 CZ 7 *q SUBJECT: Status Report: Fairview Avenue Concept Design — Phase One ACHD Project No. 507022 For Meridian City Council Special Meeting on March 11, 2008 Executive Summary: The purpose of the Work Session is to provide a status update for Phase One of the Fairview Avenue Concept Design. The Fairview Avenue Concept Design project covers 8-1/2 miles from Linder Road in Meridian to Orchard Street in Boise. The project team has developed assumptions and options to carry forward into Phase Two. ACHD Staff is seeking feedback from the Mayor and Council before proceeding with Phase Two of the concept design. This information was presented to the ACHD Commission at the February 27th Work Session and to the City of Boise on March 4th. Background: Phase One included stakeholder interviews, two public open houses (one in Boise and one in Meridian), a mass mailing survey and discussions with Boise and Meridian. The project team includes a staff member from each of the two cities. The information received from these outreach efforts was used to develop assumptions and options for the concept design. Assumptions: The major assumptions are as follows: • Fairview Avenue is a mobility corridor which supports mixed-use/commercial uses • Access Management Plan is required for the corridor • Pedestrian improvements will be included, detached sidewalks is the goal • Community Choices will be used for the traffic analysis • TLIP/Livable Streets concept to be incorporated in Phase Two • Bicyclists will be accommodated • Safety Analysis is needed Options: The project team performed a high level screening analysis of options to carry forward for Phase Two. The list of options considered is included in the attachment. One of the biggest challenges for the corridor is the conflict between mobility and the desire for a high level of commercial access. Access management and maintaining intersection capacity will be the key to maintaining corridor mobility. The Access Management Plan will play a key role in providing for mobility, providing appropriate access and improving safety. High-level cost estimates were developed for five -lane and seven -lane options for the corridor. The numbers indicate that it would cost roughly $6-7 million dollars per mile for the five -lane section and $8-9 million per mile for a 7 -lane section of roadway. The estimates do not include intersection improvements, which could be significant, are in today's dollars, and include design, right-of-way and construction costs. These estimates will be refined substantially in Phase Two. One important finding was that a cross-section of 120' could be accommodated for the majority of the corridor without major impacts to the existing businesses because we've been acquiring right-of-way for 7 lanes. Transit: During the development of the concept design options, requests were made to consider Light Rail, Bus Rapid Transit or Streetcars for the corridor. The project team evaluated these options and recommends not advancing them to Phase Two. These options are not consistent with the recommendations from Communities in Motion (CIM) and are not compatible with Valley Regional Transit plans. Staff worked with Kelli Fairless, Director for Valley Regional Transit, and she concurs with the project team's recommendation. Kelli recommended and staff is presenting this information to the COMPASS Board to confirm this position. RTAC concurred with the project team's recommendation at the February 27th meeting and will forward the recommendation to the March 17th COMPASS Board meeting. The project team does support the high frequency bus service for this corridor which is consistent with Valley Regional Transit's plan. Policy Implications: When adopted, the concept design will establish policies specific to this corridor. Policy changes will be required by ACHD, Boise and Meridian to ensure the future roadway improvements meet the land use characteristics and the future land use supports the road function. The new policies will be used in the development approval process and incorporated into future ACHD project design for the roadways and roadways. Phase Two: The second phase of the concept design will include the following major tasks: 1. Safety Analysis — Identify trouble spots and safety needs 2. Access Management a. Develop and evaluate a range of access management options. b. Identify and adopt a preferred access management plan. The majority of the plan will be implemented through redevelopment. 3. Determine the future typical sections for roadways and intersections within the limits of the concept design. a. Apply TLIP/Livable Streets guidelines b. Transit solutions c. Define project to scoping level for: Section FYWP Construction Roadway Priority Linder/ Meridian N/A N/A Locust Grove/ Eagle SH 55 PD #17 Cole/ Curtis N/A N/A Curtis/Orchard N/A N/A d. Develop concept design (specify solutions for engineering issues, vertical and horizontal alignment, drainage. waterwav crossinas_ etc) for Section FYWP Construction Roadway Priority Meridian/ Locust Grove PD #8 Eagle SH 55)/ Cloverdale 2013 #6 Cloverdale/ Five Mile 2012 #6 Five Mile/ Maple Grove 2012 #8 Maple Grove/Cole* N/A #4 I his section is not included in the FYWP as a widening project but does include pavement rehabilitation between Milwaukee/Cole. The concept design project will recommend a future configuration for this section of Fairview. 4. Determine future intersection configurations a. Evaluate all intersections for future conditions including those recently constructed. b. Identify intersections operating at LOS F in 2030. c. Screen conventional and High -Volume Intersection options for each intersection. d. Select a preferred future configuration for adoption by ACHD and Cities (likely requires preservation during redevelopment). 5. Traffic Analysis a. Establish base model and evaluate options (e.g. 5 -lane vs. 7 -lane) b. Evaluate operational issues c. Future intersection capacity 6. Public Involvement a. Steering Committee b. Stakeholder workgroups (e.g. Business work groups to discuss access management) c. Concept Design Public Information Meeting Decision Criteria: Major Factors 1. Support for adjacent land uses 2. Mobility (LOS, Travel Speed) 3. Cost Next Steps: 1. Presentation to the COMPASS Board by ACHD regarding transit 2. Professional Services Agreement approval by ACHD Commission for Phase Two cc: Central, Project File, Chron Sally Goodell, Dorrell Hansen, Katey Levihn 0 ACHD . Fairview Avenue Concept Design - Phase 1 Basic Assumptions SCREENING OF OPTIONS Item / Option Comments Fairview Avenue is a mobility corridor that supports the mixed use/commercial land use. Bicyclists will be accommodated. Sidewalks will be included. Detached sidewalks Traffic analysis using Community Choices. Mobility, Level of Service There will be no on street parking. Apply TLIP/Livable Street concepts. Drainage Analysis Concept level analysis in Phase Two Safetv Analysis Phase Two Roadwav Options Item / Option Carry Forward Reasons Information Needed to Make a Decision In Phase Two? Detached Multi -Use Pathway (significantly High property impacts. Corridor to include pedestrian outside of right of way) No facilities. Flex Lane Not compatible with high volume turning movements; No Safety; Unfamiliar to drivers. 3 Lane / 2 Lane Split Existing Balanced directional flows (51% / 49%) does No not support unbalanced number of through lanes. BAT Lanes (Business Access & Transit Lanes) Two through lanes in each direction needed to support w/ 5 -lane section No projected traffic volumes. Therefore 5 -lane section will not accommodate BAT Lanes. BAT Lanes (Business Access & Transit Lanes) Yes Two through lanes in each direction needed to support w/ 7 -lane section Projected traffic volumes. Bus System Yes Accommodate Valley Regional Transit R Ian. Light Rail CIM identifies Rail corridor for regional transit. Fairview Unlikely identified to support local transit services. Not consistent with VRT plans. COMPASS Board decision. Bus Rapid Transit Unlikely Not consistent with Valley Regional Transit (VRT) plans or with Communities in Motion (CIM). Cable Car/Street Car Unlikely Not consistent with Valley Regional Transit (VRT) plans or with Communities in Motion (CIM). Dedicated Transit/HOV Lanes Costly for an additional dedicated lane, reduced No capacity if it reduces a through lane. Grade Separation (Mainline and Intersections) Very costly, adversely affects existing and planned High Volumes Intersection Study analyzing No commercial developments. Eagle/Fairview and Curtis/Eagle intersections. One -Way Couplet (e.g. Fairview(Franklin, Detrimental to Commercial activity due to distance Fairview/Ustick) No between parallel routes; Significant impacts to existing neighborhoods due to increased cut -through traffic. High Volume Intersection Options Yes Expressway Not compatible with access required for this No commercial corridor. Parallel Connectivity Yes Access Management Plan Cross - Access Yes Purchase of Access Rights Yes Combined Access Yes Raised Medians Yes Traffic Signal Spacing Yes Frontage / Backa a Roads Yes Lane Configuration Options 5 Lane Under to Curtis 5 Lane Curtis to Orchard Yes 7 Lane (Under to Curtis) Yes 7 Lane (Curtis to Orchard) Not warranted by traffic projections; existing roadway No section built -out; right-of-way impacts. 9 Lane Section Significant impacts to properties; substantial right-of- way and business damage costs; previous No commitment by ACHD Commission. PARAMETRIX Page 1 of 1 3/11/2008 Page 1 of 1 Tara Green From: Matthew Ellsworth Sent: Friday, March 07, 2008 2:00 PM To: Tara Green Cc: Jaycee Holman; Kendall Kemmer, Peter Friedman Subject: FW: March 11th Fairview Concept Design Presentation Memo Attachments: FCD Screening Table 02-18-08.xls; Fairview Concept Design Staff Report Phase One City of Meridian Final 30308.docx Tara, Here is a memo and spreadsheet for the Fairview Corridor Study Update (on the March 11 Special Meeting Agenda). Thanks, and have a good weekend. Matt Ellsworth Associate City Planner Meridian Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 208.884.5533 From: Kendall Kemmer [mailto:kkemmer@achd.ada.id.us] Sent: Monday, March 03, 200810:39 AM To: Matthew Ellsworth Subject: March lith Fairview Concept Design Presentation Memo Matt, Attached is the memo and the attachment for next Tuesday's Special Meeting. Please let me know If you have any questions or concerns. Thanks, Kendall Kendall Kemmer, PE Project Manager Ada County Highway District 3775 Adams Street Garden City, ID 83714 kkemmer@achd.ada.id.us (208) 387-6130 3/7/2008 0 ACHD • Fairview Avenue Concept Design - Phase 1 SCREENING OF OPTIONS Basic Assumptions Item / Option Comments Fairview Avenue is a mobility corridor that supports the mixed use/commercial land use. Bicyclists will be accommodated. Sidewalks will be included. Detached sidewalks Traffic analysis using Community Choices. Mobility, Level of Service There will be no on street parking. Apply TLIP/Livable Street concepts. Drainage Analysis Concet level analysis in Phase Two Safety Analysis I Phase Two Roadwav Options Item / Option Carry Forward Reasons Information Needed to Make a Decision In Phase Two? Detached Multi -Use Pathway (significantly High property impacts. Corridor to include pedestrian outside of right of way) No facilities. Flex Lane Not compatible with high volume turning movements; No Safety; Unfamiliar to drivers. 3 Lane / 2 Lane Split Existing Balanced directional flows (51% 149%) does No not support unbalanced number of through lanes. BAT Lanes (Business Access & Transit Lanes) Two through lanes in each direction needed to support w/ 5 -lane section No projected traffic volumes. Therefore 5 -lane section will not accommodate BAT Lanes. BAT Lanes (Business Access & Transit Lanes) Yes Two through lanes in each direction needed to support w/ 7 -lane section ro'ected traffic volumes. Bus System Yes Accommodate Valley Regional Transit Ian. Light Rail CIM identifies Rail corridor for regional transit. Fairview Unlikely identified to support local transit services. Not consistent with VRT plans. COMPASS Board decision. Bus Rapid Transit Unlikely Not consistent with Valley Regional Transit (VRT) plans or with Communities in Motion (CIM). Cable Car/Street Car Not consistent with Valley Regional Transit (VRT) Unlikely plans or with Communities in Motion (CIM). Dedicated Transit1HOV Lanes Costly for an additional dedicated lane, reduced No capacity if it reduces a through lane. Grade Separation (Mainline and Intersections)No Very costly, adversely affects existing and planned High Volumes Intersection Study analyzing commercial developments. Eagle/Fairview and Curtis/Eagle intersections. One -Way Couplet (e.g. Fairview/Franklin, Detrimental to Commercial activity due to distance Fairview/Ustick) No between parallel routes; Significant impacts to existing neighborhoods due to increased cut -through traffic. High Volume Intersection Options Yes Expressway Not compatible with access required for this No commercial corridor. Parallel Connectivity Yes Access Management Plan Cross - Access Yes Purchase of Access Rights Yes Combined Access Yes Raised Medians Yes Traffic Signal Spacing Yes Frontage / Backa a Roads Yes Lane -Configuration Options 5 Lane Linder to Curtis Yes 5 Lane Curtis to Orchard Yes 7 Lane (Linder to Curtis) Yes 7 Lane (Curtis to Orchard) Not warranted by traffic projections; existing roadway No section built -out; right-of-way impacts. 9 Lane Section Significant impacts to properties; substantial right-of- way and business damage costs; previous No commitment by ACHD Commission. PARAMETRU( Page 1 of 1 3/7/2008 • ACHD TO: City of Meridian Mayor and Council FROM: Kendall Kemmer, Project Manager • Carol A. McKee, President Sherry R. Huber, 1St Vice President Dave Bivens, 2nd Vice President John S. Franden, Commissioner Rebecca W. Arnold, Commissioner DATE: March 3, 2008 SUBJECT: Status Report: Fairview Avenue Concept Design — Phase One ACHD Project No. 507022 For Meridian City Council Special Meeting on March 11,-2008 Executive Summary: The purpose of the Work Session is to provide a status update for Phase One of the Fairview Avenue Concept Design. The Fairview Avenue Concept Design project covers 8-1/2 miles from Linder Road in Meridian to Orchard Street in Boise. The project team has developed assumptions and options to cavy forward into Phase Two. ACHD Staff is seeking feedback from the Mayor and Council before proceeding with Phase Two of the concept design. This information was presented to the ACHD Commission at the February 27th Work Session and to the City of Boise on March 4th. Background: Phase One included stakeholder interviews, two public open houses (one in Boise and one in Meridian), a mass mailing survey and discussions with Boise and Meridian. The project team includes a staff member from each of the two cities. The information received from these outreach efforts was used to develop assumptions and options for the concept design. Assumptions: The major assumptions are as follows: • Fairview Avenue is a mobility corridor which supports mixed-use/commercial uses • Access Management Plan is required for the corridor • Pedestrian improvements will be included, detached sidewalks is the goal • Community Choices will be used for the traffic analysis • TLIP/Livable Streets concept to be incorporated in Phase Two • Bicyclists will be accommodated • Safety Analysis is needed Options: The project team performed a high level screening analysis of options to cant' forward for Phase Two. The list of options considered is included in the attachment. One of the biggest challenges for the corridor is the conflict between mobility and the desire for a high level of commercial access. Access management and maintaining intersection capacity will be the key to maintaining corridor mobility. The Access Management Plan will play a key role in providing for mobility, providing appropriate access and improving safety. High-level cost estimates were developed for five -lane and seven -lane options for the corridor. The numbers indicate that it would cost roughly $6-7 million dollars per mile for the five -lane section and $8-9 million per mile for a 7 -lane section of roadway. The estimates do not include intersection improvements, which could be significant, are in today's dollars, and include design, right-of-way and construction costs. These estimates will be refined substantially in Phase Two. One important finding was that a cross-section of 120' could be accommodated for the majority of the corridor without major impacts to the existing businesses because we've been acquiring right-of-way for 7 lanes. Transit: During the development of the concept design options, requests were made to consider Light Rail, Bus Rapid Transit or Streetcars for the corridor. The project team evaluated these options and recommends not advancing them to Phase Two. These options are not consistent with the recommendations from Communities in Motion (CIM) and are not compatible with Valley Regional Transit plans. Staff worked with Kelli Fairless, Director for Valley Regional Transit, and she concurs with the project team's recommendation. Kelli recommended and staff is presenting this information to the COMPASS Board to confirm this position. RTAC concurred with the project team's recommendation at the February 27th meeting and will forward the recommendation to the March 17th COMPASS Board meeting. The project team does support the high frequency bus service for this corridor which is consistent with Valley Regional Transit's plan. Policy Implications: When adopted, the concept design will establish policies specific to this corridor. Policy changes will be required by ACHD, Boise and Meridian to ensure the future roadway improvements meet the land use characteristics and the future land use supports the road function. The new policies will be used in the development approval process and incorporated into future ACHD project design for the roadways and roadways. Phase Two: The second phase of the concept design will include the following major tasks: 1. Safety Analysis — Identify trouble spots and safety needs 2. Access Management a. Develop and evaluate a range of access management options. b. Identify and adopt a preferred access management plan. The majority of the plan will be implemented through redevelopment. 3. Determine the future typical sections for roadways and intersections within the limits of the concept design. • a. Apply TLIP/Livable Streets guidelines b. Transit solutions c. Define proiect to scopina level for: CJ Section FYWP Construction Roadway Priority Linder/ Meridian N/A N/A Locust Grove/ Eagle (SH 55) PD #17 Cole/ Curtis N/A N/A Curtis/Orchard N/A N/A d. Develop concept design (specify solutions for engineering issues, vertical and horizontal alignment, drainage. waterway crossinas_ etc) fnr- Section FYWP Construction Roadway Priority Meridian/ Locust Grove PD ##g Eagle (SH 55)/ Cloverdale 2013 #6 Cloverdale/ Five Mile 2012 #6 Five Mile/ Maple Grove 2012 ##g Maple Grove/Cole* N/A ##4 I his section is not included in the FYWP as a widening project but does include pavement rehabilitation between Milwaukee/Cole. The concept design project will recommend a future configuration for this section of Fairview. 4. Determine future intersection configurations a. Evaluate all intersections for future conditions including those recently constructed. b. Identify intersections operating at LOS F in 2030. c. Screen conventional and High -Volume Intersection options for each intersection. d. Select a preferred future configuration for adoption by ACHD and Cities (likely requires preservation during redevelopment). 5. Traffic Analysis a. Establish base model and evaluate options (e.g. 5 -lane vs. 7 -lane) b. Evaluate operational issues c. Future intersection capacity 6. Public Involvement a. Steering Committee b. Stakeholder workgroups (e.g. Business work groups to discuss access management) c. Concept Design Public Information Meeting Decision Criteria: Major Factors 1. Support for adjacent land uses 2. Mobility (LOS, Travel Speed) 3. Cost Next Steps: 1. Presentation to the COMPASS Board by ACHD regarding transit 2. Professional Services Agreement approval by ACHD Commission for Phase Two cc: Central, Project File, Chron Sally Goodell, Dorrell Hansen, Katey Levihn 0 • D • • March 7, 2008 MERIDIAN CITY COUNCIL MEETING March 11, 2008 APPLICANT ITEM NO. S -D REQUEST ACHD Agenda Topics for the next Joint Meeting on April 7, 2008 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: �I CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 14 • Page 1 of 1 Tara Green From: Peter Friedman Sent: Friday, March 07, 2008 11:54 AM To: Tara Green; Jaycee Holman Subject: Agend Memo- Joint Meeting with ACHD Attachments: cc-achd-memorandum.doc Tara, Here is the memo I mentioned the other day. Apparently ACHD won't have anything for me today, but might by next week. I can always bring that up with Council. Thanks Pete 3/7/2008 March 7, 2008 MEMORANDUM TO: Mayor De Weerd City Council FROM: Pete Friedman RE: AGENDA ITEMS FOR JOINT MEETING WITH ADA COUNTY HIGHWAY DISTRICT COMMISSION The next joint meeting with the Ada County Highway District Commission is scheduled for Monday, April 7, 2008. We have worked out a protocol with the District staff for identifying meeting topics early enough for the respective staffs to develop appropriate supporting materials in advance of the meeting. In order to accomplish this, we are utilizing the Council workshop meetings to identify the topics for the joint meetings. The suggested topics for the April meeting are: ■ Update on 3'a Street Alignment Study. ■ Status report on Split Corridor, Phase II. ■ South Meridian Plan Amendment — relationship to South Meridian Transportation Study. ■ Growth Alliance. Please advise us Tuesday night if there are other topics that you wish to add or would like to delete. Once we have your preferences, we will transmit the information to the District. Thank you. Planning Department . 660 E. Watertower Street, Suite 202, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org • March 7, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT March 11, 2008 ITEM NO. 5-E REQUEST Update on Heritage Ball Fields AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: S S� MERIDIAN SCHOOL DISTRICT: (� ADA COUNTY HIGHWAY DISTRICT: �c SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • t Page 1 of 1 Tara Green From: Emily Kane Sent: Thursday, March 06, 2008 4:26 PM To: Tara Green; Jaycee Holman Cc: Bill Nary; Steve Siddoway; Ted Baird Subject: Agreement for 3-11-08 Follow Up Flag: Follow up Flag Status: Green Attachments: DRAFT School District Joint Use Agreement - HMS Softball Complex 3-11-08.doc Here is the Draft Joint Use Agreement for the Heritage Middle School Softball Complex that Steve put on Tuesday's City Council agenda at this afternoon's meeting. Thank you! Emily Emily Kane Deputy City Attorney City of Meridian, Idaho Phone: 208-898-5506 Fax: 208-884-8723 E-mail: kanee@meridiancity.org 3/7/2008 AGREEMENT FOR JOINT USE OF HERITAGE MIDDLE SCHOOL SOFTBALL COMPLEX This AGREEMENT FOR JOINT USE OF HERITAGE MIDDLE SCHOOL SOFTBALL COMPLEX (hereinafter "Agreement") is made this day of February, 2008 (the "Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "CITY"), and Joint School District No. 2, a school district organized under the laws of the State of Idaho (hereinafter "DISTRICT"). RECITALS: i. The respective governing bodies of CITY and DISTRICT are mutually interested in encouraging and supporting athletic programs for students and community members. ii CITY has established the Meridian Parks and Recreation Department to enhance the Meridian community's quality of life in part by providing recreational opportunities for Meridian citizens. iii DISTRICT is committed to preparing today's students for tomorrow's challenges though education, including. physical education and athletic activities related to the educational program. iv CITY and DISTRICT recognize that through cooperation, publicly -held facilities can be used to meet broader community needs for education and recreation than either party can provide separately. V. Pursuant to Idaho Code § 33-601(5), DISTRICT's Board of Trustees has the power to enter into a contract with CITY for the joint construction, development, maintenance, and equipping of softball fields upon property owned by the DISTRICT. YL In conjunction with the construction of the Heritage Middle School facility located at 4990 N. Meridian Road, Meridian, Idaho, and pursuant to the terms of this Agreement, DISTRICT has constructed a softball complex consisting of five playing fields and related improvements (hereinafter referred to as "COMPLEX") and defined as the area depicted on the attached Exhibit "A." vii. CITY has agreed to reimburse DISTRICT for certain costs incurred by DISTRICT for lighting and other improvements for the benefit of the COMPLEX in exchange for DISTRICT's agreement to allow shared use of the COMPLEX and associated parking facilities for the benefit of the community under certain terms and conditions as set forth in this Agreement. viii. CITY finds that the recreation needs of the residents of Meridian can be better served through shared use of the COMPLEX if the development and maintenance AGREEMENT FOR JOINT USE OFHERITAGE MIDDLE SCHOOL SOFTBALL COMPLEX PAGE 1 OF 15 0 • of the COMPLEX are enhanced to levels beyond that needed for DISTRICT's requirements. ix The respective governing bodies of CITY and DISTRICT find that it is fiscally responsible and in the best interest of their constituents to enter into an agreement sharing the costs and benefits of COMPLEX. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, CITY and DISTRICT agree as follows: A. CITY's Reimbursement to DISTRICT. Coincident with the execution of this Agreement, CITY shall remit 'to _DISTRICT the sum of -, which represents CITY's reimbursement for the portion of DISTRICT's costs and expenses incurred in the construction of the COMPLEX as set forth on the itemization attached Exhibit `B B. Obligations of CITY. 1. Supervision. a. CITY shall provide, or shall require the provision of,' "on-site supervision of any and all use of COMPLEX where such use is scheduled or authorized by CITY, except that CITY shall not be obligated to provide on-site supervision of practice sessions. b. CITY shall exercise best efforts to see that any and all use of COMPLEX where such use is scheduled or authorized by CITY is in compliance with DISTRICT's policies regarding" use of DISTRICT facilities, including such reasonable policies as DISTRICT shall hereinafter adopt or amend from time to time, and which include, the following: i. Use and/or, -possession of alcohol and/or any controlled substance on all DISTRICT property is prohibited; ii. Use "and/or- possession of all forms of tobacco on all DISTRICT property is prohibited iii. No use of COMPLEX for any purpose other than for softball games and practices shall be scheduled or authorized by CITY without prior approval of DISTRICT; and iv. All activities scheduled and/or authorized by CITY on the COMPLEX shall be appropriate and shall be in accordance with the best interests of the DISTRICT and its students and patrons. AGREEMENT FOR JOINT USE OF HERITAGE MIDDLE SCHOOL SOFTBALL COMPLEX PAGE 2 OF 15 0 0 c. CITY shall be solely responsible for determining the playability of fields within COMPLEX for any and all use scheduled or authorized by City. 2. Maintenance and custodial services. a. CITY shall exercise best efforts to cause the collection and removal of all trash and refuse generated from use of COMPLEX. b. CITY shall prepare infields of COMPLEX for play by CITY, its guests and invitees when use of COMPLEX is scheduled, authorized, or undertaken by CITY. c. Other than DISTRICT'S routine mowing, irrigation, and inaintenance of COMPLEX fields as set forth elsewhere in this Agreement, CITY ;shall perform all other additional maintenance of such fields and turf which may be itecessary to maintain such fields to standards of softball play satisfactory to CITY. d. CITY shall perform annual maintenance of all COMPLEX turf, including, but not limited to, any and all necessary re -seeding,, laying sod, weed or pest control, and/or fertilizing. e. CITY shall provide all tools and/or, equipment necessary for the preparation and use of fields of COMPLEX for play by CITY, its guests and invitees when use of COMPLEX is scheduled, authorized, or ' undertakenby CITY, including, but not limited to,,all base receivers, bases, and caps, and shall arrange for storage thereof. f CITY shall be solely responsible for the maintenance, repair, and replacement of all COMPLEX ball field; lighting improvements, including, but not limited to, all light bulbs, fixtures; ballasts, standards, etc. g. CITY shall cause the repair and/or replacement of any and all improvements located on, and components` of, COMPLEX and parking lot that are physically damaged (including, but not limited to, all damage from misuse and/or vandalism): (i) during or, as a result of any use scheduled and/or authorized by CITY; (ii) by person(s) who enter upon the COMPLEX and parking lot as a participant, guest, invitee, or observer, for any use scheduled and/or authorized by CITY; and (iii) at any time other than when Heritage 'Middle School is in session and during uses of the COMPLEX scheduled or'uthorized by DISTRICT. h. CITY shall be solely responsible to clean, maintain, and stock all restrooms located on the COMPLEX. i. Restrooms. CITY shall provide and install adequate restroom facilities to serve COMPLEX when use of COMPLEX is scheduled, authorized, or undertaken by CITY. CITY shall obtain DISTRICT's prior approval of the location of all portable restrooms. Any construction of permanent restroom facilities shall be at CITY's sole AGREEMENT FOR JOINT USE OFHERITAGEMIDDLE SCHOOL SOFTBALL COMPLEX PAGE 3 OF 15 0 • expense, and shall require DISTRICT's prior written consent as set forth in Section D1, below. Such restroom facilities shall also be available for uses of the COMPLEX scheduled or authorized by DISTRICT. 3. Utilities. CITY shall pay for all utilities and services that are provided to COMPLEX, including, but not limited to, electricity, potable water, sewage service, waste and refuse removal, and/or portable restroom maintenance. 4. Scheduling. Other than the use of COMPLEX by DISTRICT as set forth herein, CITY shall be solely responsible for scheduling all use of COMPLEX for games and practices. 5. Name of Complex/Signage/No Advertising. CITY agrees to refer to the COMPLEX as the "Heritage Middle School Softball Complex" in all printed_ materials concerting the COMPLEX which are distributed by CITY as well as in all of CITY's efforts to promote the COMPLEX. Upon receipt of the DISTRICT's prior approval as,required in Section DL below, and at no cost to DISTRICT, CITY shall erect and install a sign at the entrance to the COMPLEX which shall include the name of the COMPLEX and shall also identify that the COMPLEX is as a result of the joint collaboration of DISTRICT and CITY. No permanent signs shall be installed on any portion of the COMPLEX by CITY without the prior written consent of DISTRICT. No commercial advertising shall be permitted on any portion of the COMPLEX, except that temporary signs announcing commercial sponsorship of a CITY event may be posted at the COMPLEX during such event, so long as such signs are removed from the COMPLEX at the conclusion of such event. 6. Primary Source of Contact for CITY.'. CITY shall provide DISTRICT with the name, e-mail address, and telephone number of specific CITY personnel who shall serve as CITY's primary contact between CITY AND DISTRICT for all matters regarding the day-to-day scheduling, ; use, and maintenance of COMPLEX (hereinafter "CITY Contact")'; C. Clhlsations of DISTRICT. 1. Maintenance. DISTRICT shall be responsible for the routine mowing and irrigation of COMPLEX fields during DISTRICT's regular mowing and irrigation of the DISTRICT's grounds adjacent to the COMPLEX. DISTRICT's mowing obligations shall be limited to the mowing of the COMPLEX fields via riding lawnmower, and shall not include any edging or trimming of grass. DISTRICT shall also provide such other turf care and maintenance (i.e., fertilizing, weed control, etc.) to COMPLEX fields equal to that which DISTRICT provides to the grounds adjacent to the COMPLEX. CITY acknowledges that the frequency and extent of DISTRICT's mowing, irrigation, and other maintenance of COMPLEX turf may not meet CITY's standards of playability. 2. Improvements. DISTRICT has fully completed the construction of all of the initial improvements in and upon the COMPLEX as depicted in the plans attached hereto as Exhibit "A," which improvements also included the installation of a pressurized irrigation AGREEMENT FOR JOINT USE OF HERITAGE MIDDLE.SCHOOL .SOFTBALL COMPLEX PAGE 4 OF 15 0 • system and the planting of grass in the COMPLEX. CITY acknowledges that the pressurized irrigation which serves the COMPLEX is part of a larger system which provides irrigation for the remainder of the school site, and, as such, is not capable of being operated separately. 3. Primary Source of Contact for DISTRICT. DISTRICT shall provide city with the name, e-mail address, and telephone number of specific DISTRICT personnel who shall serve as DISTRICT's primary contact between DISTRICT and CITY for all matters regarding the day-to-day scheduling, use, and maintenance of COMPLEX (hereinafter "DISTRICT Contact"). D. Rights of CITY. 1. Alterations/Improvements to COMPLEX, Upon receipt of the prior written approval of DISTRICT's Board of Trustees, CITY shall have the right to make alterations of COMPLEX and/or to construct or locate fences, bleachers, signage, fixtures, structures (such as team dug -outs), and/or any other improvements in or upon COMPLEX, provided such alterations, construction, and/or improvements are all provided and maintained by CITY at no cost or expense to DISTRICT. Unless otherwise agreed in writing by the parties prior to construction, any alterations, construction, and/or improvements to COMPLEX by CITY shall become the property of DISTRICT upon any expiration or termination of this Agreement. Upon receipt of prior written approval of DISTRICT Contact, CITY may install temporary fences in COMPLEX; provided CITY shall agree to trim turf under such fences, and further provided such temporary fences do not impede DISTRICT's method of mowing COMPLEX fields. 2. Priority use. a., Except as specifically set forth otherwise in this Agreement, on days during which Heritage Middle School is in session, CITY shall have first priority to schedule use of COMPLEX for games and practice sessions that begin no earlier than 6:30 p.m. and end no later than 11:00 p.m.; however, CITY staff shall be entitled to enter COMPLEX no earlier than, 3:30 p.m. to prepare lighted fields for play, and shall be entitled to enter COMPLEX at 6:00 p.m. to prepare unlighted fields for play. b. Except as specifically set forth otherwise in this Agreement, on Saturdays, Sundays, holidays, and days during which school is not in session, CITY shall have first priority to schedule use of COMPLEX for games and practice sessions that begin no earlier than 8:00 a.m. and end no later than 11:00 p.m. c. CITY shall not schedule or authorize use of lights and/or COMPLEX later than 11:00 p.m. AGREEMENT FOR JOINT USE OFHERITAGE MIDDLE SCHOOL SOFTBALL COMPLEX PAGE 5 OF 15 0 0 d. CITY shall use best efforts to accommodate requests received from District for use of Complex during periods of use granted to City. City shall provide the DISTRICT Contact a weekly written schedule which shall identify the dates and times reserved for use, and which shall include a contact name and phone number for each user. 3. Fees. With prior approval of DISTRICT, which approval DISTRICT is free to withhold in its sole discretion, CITY shall have right to assess and collect reasonable user fees from adults who use COMPLEX; however, the amount of such user fees shall not exceed costs and expenses actually incurred. E. Rights of DISTRICT. 1. Priority use. a. DISTRICT shall have first priority at all times for use of all Heritage Middle School parking facilities for any and all school and extracurricular uses. b. DISTRICT shall have first priority for use of COMPLEX at all times other than those specifically provided to CITY herein. c. DISTRICT shall have fust ;priority to use the COMPLEX for girls high school softball tournaments (i.e., district, State, and spring break tournaments), provided the DISTRICT shall inform CITY in writing of the scheduled tournament date(s) for the following year during the yearly review meeting referenced in Section F, below, or in the absence of a yearly review meeting, on or before the first of December of each year. d. On days during which school is in session, DISTRICT shall have first priority to schedule use of lighted fields' at COMPLEX for games and practice sessions that end no later than 3:30 pm. On days during which school is in session, DISTRICT shall have first priority to schedule use of unlighted fields at COMPLEX for games and practice sessions that end no later than 6:00 p.m. e. `- Provided DISTRICT provides at least thirty (30) days advance written notice to CITY Contact and CITY provides written consent, DISTRICT shall have first priority for use of COMPLEX at all times for school -related purposes. CITY shall withhold consent to such 'use only where CITY has already scheduled or authorized a game at COMPLEX and the scheduled user(s) is/are unwilling to reschedule. f. Other than as set forth in subsection d, above, DISTRICT shall have no obligation to provide CITY Contact with notice of use of COMPLEX during times when DISTRICT has fust priority for use. F. Yearly Review. AGREEMENT FOR JOINT USE OFHERITAGE MIDDLE SCHOOL SOFTBALL COMPLEX PAGE 6 OF 15 Commencing in November 2008 and continuing during the same month of each year thereafter during the term of this Agreement, CITY's Parks and Recreation Director and DISTRICT's Activities Director agree to meet for the purpose of reviewing the previous year's term of this Agreement to address any problems which may have arisen and to discuss possible changes to improve matters regarding the parties' joint use of the COMPLEX. In addition, during the yearly review meeting, the DISTRICT shall provide CITY with a list of all dates that the DISTRICT intends to reserve the use of the COMPLEX for tournament play during the following year, as set forth in Section El(c), above. G. Conflict Resolution. If either party believes that the other party is not fulfilling the performance obligations established by this Agreement, that party shall give written notice of its complaint to the other party. The party receiving the complaint shall,within 15 calendar days, correct the situation and confirm the correction in writing, or reject the complaint, explaining the mitigating circumstances and why a remedy cannot be achieved. H. Assignment. CITY shall not assign or sublet all or any portion of CITY's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of DISTRICT, which DISTRICT is free to withhold for any reason. DISTRICT shall not assign or sublet all or any portion of DISTRICT's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of CITY, which CITY shall not unreasonably withhold. I. Hold Harmless and Indemnitv Agreement. J. Concomitant with this Agreement, ; Cn Y and DISTRICT have entered into the "Hold Harmless*ad,Indemnity Agreement" attached hereto as Exhibit ` q' and incorporated herein by reference as though set forth fully herein. Communication between the DISTRICT Contact and the CITY Contact regarding day-to-day matters (i.6., use, scheduling, and maintenance of COMPLEX) shall occur via e-mail, facsimile, or telephone. All other notices required to be given by either of the parties hereto shall be in writing''nd be deemed communicated when personally served, or mailed in the United States mail,` certified, return receipt requested, addressed as follows: City of Meridian Attn: Parks and Recreation Director 33 E. Idaho Avenue Meridian, Idaho 83642 Joint School District No. 2 AGREEMENT FOR JOINT USE OF HERITAGEMIDDLE SCHOOL SOFTBALL COMPLEX PAGE 7 OF 15 Attn: District Activities Director 1303 E. Central Drive Meridian, Idaho 83642. Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. K Comoliance with Laws. In performing the scope of services required hereunder, CITY "and DISTRICT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. L. Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may :be granted, to court costs and reasonable attorneys' 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. M. Term of Agreement. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire - years from the Effective Date unless earlier terminated or extended in the manner as set forth in this Agreement. Upon expiration of this Agreement, the parties to this Agreement shall make every effort to mutually extend the term of the partnership .established by this Agreement, and neither party shall unreasonably withhold its consent to:suek extension. N. Termination. 1. ':Either party may terminate this Agreement upon giving to the other party six (6) months advance written notice of intention to terminate. 2. Should 'this Agreement be terminated by CITY prior to the expiration of the tern set forth in Paragraph 1vI;- above, other than as a result of a material breach of this Agreement by DISTRICT, CITY agrees that DISTRICT shall retain all amounts previously received from CITY as set forthin Paragraph A, above, as well as all improvements installed in the COMPLEX by CITY pursuant to Paragraph D(1), above, as liquidated damages as a result of such termination by CITY, and neither party shall have any further obligations hereunder. 3. Should this Agreement be terminated by DISTRICT prior to the expiration of the term set forth in Paragraph M, above, other than as a result of a material breach of this Agreement by CITY, DISTRICT shall pay damages to CITY for such early termination in the amount set forth in Paragraph A, above, less ten percent (10%) of such amount per each year that elapses AGREEMENT FOR JOINT USE OF HERITAGE MIDDLE SCHOOL SOFTBALL COMPLEX PAGE 8 OF 15 between the date of execution of this Agreement and the date of such termination by DISTRICT, as liquidated damages as a result of such termination by DISTRICT, and neither party shall have any further obligations hereunder. O. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. P. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. Q. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. R. Non -waiver. Failure of either party to promptly enforce the 'strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body'pf either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. S. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. T. Approval=Reauired. This Agreement shall not become effective or binding until approved by the respective governing bodies of both CITY and DISTRICT. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. DISTRICT: AGREEMENT FOR JOINT USE OF HERITAGE MIDDLE SCHOOL SOFTBALL COMPLEX PAGE 9 OF 15 0 CITY: m TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK Date Date AGREEMENT FOR JOINT USE OF HERITAGE MIDDLE SCHOOL SOFTBALL COMPLEX PAGE 10 OF 15 EXHIBIT "A" [ATTACH DIAGRAM OF COMPLEX] C EX E131T "B" ITEMIZATION OF DISTRICT'S COSTS • HaftW EkdMeid Cost Chang® Summary March 9, 2007 • U Deleted: EXHIBIT "C"¶ - 11 [ATTACH COPY OF PLANS/SPECIFICATIONS FOR IMPROVEMENTS TO COMPLEX TO BE CONTRUCTED BY DISTRICT] i E30MIT "C" [ATTACH COPY OF HOLD HARMLESS AGREEMENT] 0 nm CL m CD 0 m CD O C a m B D 0 C. O CDN m m pcn O N m 0 m w to a CD m CL m dm O. O CD CD � m O 5 m O O m 0 a� $ m mem B � Cb ° Cb m3mm a G a m ° m m m 3 so�so. ?, S m m 3VD 0 m m m 3 m 3m m �m a . o. m a.�3 m �8F 5-o C. S G O- m ID 3 a 5 0 3CD m S o� s F mgmg Seo CD ,c 5 4 c m a � m 3ID D mC, m o �m<D m 3D CD C V W m m q � m m m O S W m 8 m mfD3m m s c. m am,� o ° -+ m mm m N G p O m/� m m m N m > > S W ID V S Oi. pp m o m a ORM y ;2 v n R- 2 a m < o C o. a m s CD • N m s d m m F e � m 5 o �m mem o� o V fmq � m � 3 m � � � N 5 v2 o m m Fr m m D 5 a m CD Er CLw sm mCD C 2 CD 3 F; CL �g �m CD C. m C T co m m O K D m - .Z � CD w 3 w w m S.21 C. m Fr O �% 2 m 7 � O N Si C m m ca O CD 0 O 0 m Nm 0 o � aS: m o � m m w 0 FE _�� P. 9 m X O c 0 0 --[ ¢ »CD 0 C \� 0 //\ \ #� e6 � July 20, 2007 Honorable Mayor, Ms. Tammy de Weerd City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: Heritage Middle School City of Meridian Softball Fields Dear Mayor. w JOINT SCHOOL DISTRICT NO.2 Ada. and Canyon Counties 1303 E. Central Dr, Meridian, Idaho 83642 Phone (208) 855-4500 Fax (208) 350-5957 LIAR i 1200 city Clerk �= We are substantially complete with the installation of the softball complex located at Heritage Middle School. The attached Change Order summary prepared by Beniton Construction itemizes the total cost - associated with the softball field construction. The final costs may be slightly higher than contemplated over a year ago. Late in the construction the Meridian City Fire Department made a determination that an access road into the center of the complex would be required. This added an additional $37,640.13 in expense to the project Please consider this letter as a billing for the costs associated with the softball complex construction in the amount of $279,971.42. Should you desire to meet and review the scope of work and costs associated with the construction we are available along with our design and construction consultants. If acceptable please remit payment to my attention. Sincerely, Wendel Bigham Supervisor Facilities and Construction C: Dr. Linda Clark • Heritage Ballfield Cost Change Summary COSTS SUBTOTAL 0 _,March 9, 2007 NOTES Initial Grading, Irrigation and Fencing Changes as per Proposal Request #3: Dirtwork (American Paving) $ 13,053.00 Work Complete Fence / Backstops (Cascade Fence) $ 11,64,0.00 In Progress Irrigation (Avalon) $445Z.29 In Progress Athletic Equipment (Saxton -Bradley) $ In Progress Electrical Anderson & Wood $ ,530.00 In Pr ress $ 45,535.29 Balifield Ljg]Ang Changes as per drawings E1.00BL & E1.01 BL issued by Eidam: Electrical Anderson & Wood $ 196,796.00 In Progress $ 196,796.00 Emergency Access Road Changes as per Revisions Issued by The Land Group: Dirtwork / Paving (American Paving) $ 28,940.00 CO Pending Concrete (Axelson) $ 4,410.00 CO Pending Fence / Gate (Cascade) $ 2,640.13 CO Pending Irrigation Avalon $ 1,650.00 CO Pendin $ 37,640.13 TOTAL COST IMPACT $ 279,971.42 —=-�7 Date: March 12, 2007 To: Dr. Linda Clark From: Wendel Bigham JOINT SCHOOL DISTRICT NO.2 Ada and Canyon Counties 911 Meridian Road Meridian, Idaho 83642 Phone (208) 855-4500 Fax (208) 888-6700 Memorandum RE: Heritage Middle School, Softball Filed Lighting Attached you will find a summary of the various Change Orders issued to date to cover the costs associated with the softball fields. It should be noted that the last item in the amount of $37,640.13 was never considered. It came after the fact as a requirement by Meridian City for emergency access. Mark Freeman is working on the use agreement at this time. We can place the cost reimbursement into the agreement should you desire. Please let me know how you wish to proceed.. Grading and Irrigation $ 45,535.29 Lighting (electrical only) $196,796.00 Emergency Access $ 37,640.13 Total $279,971.42 �. I I I I I I I II.I, :l`. �` •I _ II UUM.7i Yrs•, ■■�\��ls /_ !S 11 a 1a - i, MEMS i I www.fdahopower.com 0 Otrestkm? Cord ae at: PO BOX 70. Solea, ID 89707. -18111 (WMNO-23= ure (TreasVag". Forr se►aioe please Call Tuesday - Friday, 7:24 a.m. to OW pm. Customer Name: BENITON CONST Account Number. 2903777414 Billing Date. 12/10/2007 Print Date. 12/10/2007 Due Date Please Pay 12/26/2007 1 $25.68 Page I of 2 Account Previous Balance.... � 9-l� — # 'L1 A. G® Zee Ail lty Payments - Thank You........:............................................................. .... .......... $10,780.00 Balance Forward .................... .................................................................................. $10,780.00 CR Total Adjustments...................................................................................... $0.00 Current Charges $20.00 $5.88 s Note: Any urrp,dd badarraea „qB be mmssO a trtotddy of erre paroerd (196) tar MWw otmonmm. Retumad atra� maybe Yfar PaI mai Clwaits urqM WM be c1l a =in. T Learn about your energy use in your home or business and get tips on how to Become your own Account Manager with EMERGYTools now available at tbi of www.ldahopoww.com. 1 k> "V Retacl; and rawer the pontort below with y PO BOX 70 BOISE, ID 83707 An IDACORa company MM X2323 (7Yeasura Vexeyj Pleas xrrft yorr aaaomt number on your duwk or money order node payable to kbho Paw. t al wherrpayffm at NUAMM CUE (DATE , . PLEAS PAT =13M4141 ZI26120t�7 "5.68 Amount Enclosed Pro)ed shove phdge, AddressfinamecoMMOM noted on reverse dl mded on r If,II,,,IIIII„f„III„1111,11,„IIIIII„I,Ii,I„III,II,I,II,I ® II,I,I„I1f111„I„II,Ilrll„11,11,l,I,Il,il,ll,ll,ll,l,ll„II 20111 AV 0.312 rot oWcm„ a 2„ BENITON CONST PROCESSING CENTER PO BOX an P.O. BOX 34866 MERIDIAN, ID 83138040838 SEATTLE, WA g6124-1 g86 29037774147000002568 000000000 000002568 1210 7 amt PPOPPP u+cm,o+.RW aMMi /oma DEC 0 7 2W C' y Uf' ioridiax,- C#1 Cfbm 91 a CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Conditional Use Permit (CUP) approval for lighted ball fields within and adjoining a residential district at Heritage Middle School, AND a Variance (VAR) to UDC 11 -3A -11C3 to install light fixtures over 1,800 lumens with exposed bulbs for the ball fields, by Joint School District No. 2. Case No(s). CUP -06-031 and VAR -06-021 For the City Council Hearing Date of: November 28, 2006 (Findings approved on December 12, 2006) A. Findings of Fact 1- Hearing Facts (see attached Staff Report for the hearing date of November 28, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 28, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 28, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 28, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -06-31 & VAR406-021 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval and CUP Site Plan included in the attached Staff Report for the hearing date of November 28, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's CUP Site Plan, dated August 15, 2006, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of November 28, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION & ORDER CASE NO(S). CUP -46-31 & VAR -06-021 0 • time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty -eight -(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 28, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -06-31 & VAR -06-021 0 CITY OF MERIDIAN PLANNIN_ DEPARTMENT STAFF REPORT FOR THE HEARIN. DATE OF NOVEMBER 28. 2006 STAFF REPORT Hearing Date: November 28, 2006 TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 1[�.�FIc, ►'' SUBJECT: Heritage Middle School Ball Field Lighting • CUP -06-031 - Conditional Use Permit for lighted fields within and adjoining a residential district. • VAR -06-021 Variance from UDC 11-3A-1 IC3 to install light fixtures over 1,800 lumens with exposed bulbs for the ball fields. I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Joint School District No. 2, has applied for Conditional Use Permit approval for the allowance of lighted fields within and adjoining a residential district. Additionally, the applicant has applied for a Variance from UDC lI-3A-IIC3 to install light fixtures in excess of 1,800 lumens with exposed bulbs for the ball fields. The subject site is located on the northeast corner of N. Meridian Road and E. McMillan Road. 2. SUMMARY RECOMMENDATION The subject applications (CUP & VAR) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis for the requested Conditional Use Permit and Variance below. Staff recommends approval of CUP -06-031 & VAR -06-021 as presented in the Staff Report, subject to the conditions listed in Exhibit B. Note: The Commission is not required to make a recommendation to City Council on the variance application. The Meridian Planning and Zoning Commission heard this item on November 2 2006 At the public hearinthey moved to recommend approval to the City Council of CUP -06-031 a- Summary of Commission Public Hearing: i. In favor.• Scott Henson. Lombard -Conrad Architects (applicant/owner,s representative) ii. In opposition: None iii. Comment' : None iv. Written testimony- None V. Staff presenting application• Sonya Watters vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. None c. Kev Commission Changes to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None C'IT'Y OF MERIDIAN PLANNIN JEPARTMENT STAFF REPORT FOR THE HEARIN- DATE OF NOVEMBER 28. 2006 i.favor- Scott Henson Lombard -Conrad Architects (applicantlawner's representative) ii. Itf onno ition• None iii. � mmen imn iv. e V. Staffnresentinp,�DblicationAMA Ca ino Vi. tion' NWc Ka Issues of Di. cussion by C i. nosedys. shielded i gW fi 3WS ii. Height of ; ht notes (40' vs t�eosed 80'180'1 Key Council Chayes to C....... isdon Re :mmy ndatiOn' �^TQ - - -------------- 1. l � A 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers CUP - 06 -031 and VAR -06-021 as presented in the Staff Report for the hearing date of November 28, 2006, with the following modifications to the conditions of approval. (add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers CUP -06- 031 and VAR -06-021 as presented during the hearing of November 28, 2006, for the following reasons: (you must state specific reason(s) for the denial of the conditional use permit.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number CUP -06-031 and VAR -46-021 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 4990 N. Meridian Road; Section 30, TAN. R.1 E. b. Owner: Joint School District No. 2 911 N. Meridian Road, Meridian, ID 83642 c. Applicant: Same as owner d. Representative: Scott Henson, Lombard -Conrad Architects e. Present Zoning: R-4 f. Present Comprehensive Plan Designation: Public/Quasi-Public g. Description of Applicant's Request: The applicant is requesting approval for the allowance of lighted fields within and adjoining a residential district. Additionally, the applicant is requesting approval of a Variance from UDC 11 -3A -11C3 to install light fixtures in excess of 1,800 lumens with exposed bulbs for the ball fields. The school district is installing ball field lighting at the request of the City of Meridian Parks Department for public use. 1- Date of CUP Site Plan/Photometric Plan (attached in Exhibit A): August 15, 2006 5. PROCESS FACTS Heritage Middle School - CUP -06-031 & VAR -06-021 Page 2 �1 r� CITY OF MERIDIAN PLANNINI, DEPARTMENT STAFF REPORT FOR THE HEARING, DATE OF NOVEMBER 28. 2006 a. The subject application will in fact constitute a conditional use as determined by the Unified Development Code. By reason of the provisions of UDC 11-513-6, a public hearing is required before the Planning and Zoning Commission and City Council on this matter. b. The subject application will in fact constitute a variance as determined by the Unified Development Code. By reason of the provisions of UDC 11-5B-6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published op: October 160� and October 30", 2006 (for Planning & Zoning Commission hearing), and November 6`h and November 20", 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: October 161' and October 30"', 2006 (for Planning &Zoning Commission hearing) and October 6"; 2006 (for City Council hearing) e. Applicant posted notice on site by: October 16`s and October 30"', 2006 (for Planning & Zoning Commission hearing) and November 3, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): Middle School (cturently under construction) b. Description of Character of Surrounding Area: The surrounding area is residential, with commercially zoned land across Meridian Road to the west and agricultural land across McMillan Road to the south (approved Solitude Subdivision). c. Adjacent Land Use and Zoning 1. North: Ventana Subdivision, zoned R-8. 2. East: Saguaro Subdivision, zoned R4. 3. South: Recently approved residential subdivision (Solitude Sub.), zoned R-8. 4. West: Vacant, Commercially zoned property (Paramount Sub.), zoned C -G. d. History of Previous Actions: This property was annexed in 2005 and zoned R4 for Heritage Middle School (AZ -05-008). A Certificate of Zoning Compliance (CZC-05-075) was also approved in June, 2005, for a public middle school in an R4 zone. (Public schools were permitted uses in the R4 zone under the City Code in effect at that time. Under the UDC public schools are.....) e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Mains already approved with the schools construction plans. Location of water: Mains already approved with the schools construction plans. Issues or concerns: None. 2. Vegetation: None. 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None Heritage Middle School — CL P-0&031 & VAR -06..021 Page 3 0 • CITY OF MERIDIAN PLANNINu DF,PARTMENT' STAFF REPORT FOR THE HEARINt, DATE OF NOVEMBER 28. 2006 6. Existing Zoning: R-4 7. Size of Property: 40 acres f. Off -Street Parking: NA g. Proposed and Required Non -Residential Setbacks: NA,_ h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the school is provided via N. Meridian Road and wg approved by ACID with the Certificate of Zoning Compliance issued for this site; no new access points are proposal or approved with this application. The Fire Department is requesting, as part of the conditional use permit, that the applicant provide an emergency access road to -the center of the backstops of the four baseball fields with an approved turn around (see Exhibit B). 7. COMMENTS MEETING On October 13, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department; Meridian Police Department, Meridian Parks Department, and Meridian Public Works Department. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Public/Quasi-Public" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, "Public/Quasi-Public" areas are designated to provide areas throughout the Area of Impact which provide educational opportunities, community gathering places, and green space. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • "Support multi -use facilities between schools and the community." (Chapter VI, Goal 1, Objective A, Action 3) The City of Meridian Parka Department is requesting that schools provide lighted ball fields for the benefit of the community. If approved, this will increase the number of fields available for evening sports activities. • "Support joint use agreements with the Meridian Joint School District, Western Ada Recreation District, ACRD, and other private and non-profit entities." (Chapter VI, Goal III, Objective A, Action 14) The Joint School District, in cooperation with the City of Meridian, is proposing to provide lighted ball fields at Heritage Middle School in a joint use agreement which will benefit the community as a whole by providing more ball fields available to the public for sports activities. Staff finds that the proposal is generally harmonious with and in accordance with the Comprehensive Plan. 8. UNIFIED DEVELOPMENT CODE The following UDC sections) are pertinent to this application: a. UDC 114-3.14: Education Institution E. A Conditional Use Permit shall be required for any education institution in which any of the following circumstances exist: Heritage Middle School — CUP -06-031 & VAR -06-021 Page 4 i 0 CITY OF MERIDIAN PLANNIN. JEPARTMENT STAFF REPORT FOR THE HEARIN., DATE OF NOVEMBER 26. 200E 1. The education institution is in excess of 250,000 square feet within a residential district; 2. The education institution includes lighted fields adjoining or within a residential district; 3. The education institution will generate in excess of 1,500 vehicular trips per day; 4. The education institution takes access from a collector or an arterial street and there is not a safe separate pedestrian and bikeway access between the neighborhood and the school site. Per the above cited section of the UDC, the applicant is requesting a Conditional Use Permit for the proposed lighted f ells adjacent to a residential district. b. UDC 11 -3A -11C: Outdoor Lighting Standards 3. Light fixtures that have a maximum output of 1,800 lumens or more shall have an opaque top to prevent up -lighting; the bulb shall not be visible and shall have a full cut-off shield. The applicant can not comply with the above cited section of the UDC, since the flood lighting that is needed for ball field lighting requires exposed light bulbs. Hence, the applicant is requesting approval of a Variance from this section of the UDC. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff has provided analysis below regarding the proposed applications. CUP: In approving any conditional use, the decision-making body may prescribe appropriate conditions, bonds and safeguards in conformity with this Title that: minimize adverse impact of the use on other property, control the sequence and timing of the use, control the duration of the use, assure that the use and the property in which the use is located is maintained properly, designate the exact location and nature of the use and the Property development, require the provision for on-site or off-site public facilities or services, require more restrictive standards than those generally required in this Title, and require mitigation of adverse impacts of the proposal development upon service delivery by any political subdivision, including school districts, that provides services within the City (UDC 11 -5B -6D). Lighting: Due to the nature of the proposed use and the existing residential uses near this site, staff is recommending a specific condition of approval be placed on the proposed use that will minimize, or alleviate the adverse impacts that this use may pose to nearby Properties by limiting the hours that the ball fields will be lighted to 11 pm. Please see Exhibit B for the proposed condition. Access: Access to the school is provided via N. Meridian Road and was approved with the Certificate of Zoning Compliance issued for this site; no new access points are proposed or i pprov his a on The site currently has a 20 -foot wid a td the sch building o e west o the ds. The Meridian Fireepartment is requesting that the applicant provide a 20 -foot access road to the center of the backstops of the four fields with an approved turn around (see Exhibit B). Gerd of Zoning Co ce. a purpose of ertI (CZC) permit is ure that all constru Ion, terations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 1 l -5B-1 A). Since the configuration of the ball Heritage Middle School — CUP -06-031 & VAR -06-021 Page 5 • CITY OF MERIDIAN PCANNIN DEPARTMENT STAFF REPORT FOR THE HEARIN- DATE OF NOVEMBER 28. 2006 fields has changed since the issuance of the Certificate of Zoning Compliance (CZC-05- 075) for the school and to ensure that all of the conditions of approval for the subject CUP are complied with, the applicant shall be required to obtain a modification to -the approved CZC from the Planning Department prior to establishing the proposed use. 2. VAR: The applicant is requesting a Variance from UDC 11 -3A -11C Outdoor Light Standards that requires light fixtures over 1,800 lumens to have an opaque top to prevent up -lighting, the bulb can not be visible, and is required to have a full cut-off shield. The applicant can not comply with this standard as the flood lighting that is needed for ball field lighting requires exposed light bulbs. For this reason, the applicant is requesting a Variance. Currently, the UDC does not have any specific provisions for ball field lighting. Since ball field lighting is not specifically addressed in the UDC and requires a type of lighting that is prohibited, Staff is supportive of the proposed Variance request (see Exhibit C, VAR Findings, for more information). b. Staff Recommendation: Staff recommends approval of CUP -06-031 and VAR -06-021 for the ball field lighting at Heritage Middle School, as presented in the Staff Report for the hearing date of November 2, 2006 based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval as listed in Exhibit B. On November 2. 2006, the Meridian P Anninu and Zoning Commission voted to recommend aonroval of the subiect CUP sonlication to City Council. The Meridi9n Citv Coun�I heard then ifpms on ATove�l�or 2� ��06 At hp nahlir heating they annrove h suhiect M_ 10. EXHIBITS A. Drawing 1. CUP Site Plan (dated August 15, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company C. Required Findings from Zoning Ordinance Heritage Middle School — CUP -06-031 & VAR4)6-021 Page 6 CITY OF MERIDIAN PLANNING, DEPARTMENT STAFF REPORT FOR THE HEARINi, DATE OF NOVEMBER 28, 2006 A. Drawing 1. CUP Site Plan (dated August 15, 2006) Exhibit A ,;. L rip !I!!— , i �tts � �L � I � �_ ; • .P� Ughted {t .. � + Field .. • � i! lE F..� I , , i 1 • 1 � WWI I F Field _ _ i 1 , u -tr-� t �� :� :� 1 U _ l CITY OF MERIDIAN PLANNIN O£PARTMENT STAFF REPORT FOR THE HEARIN- DATE OF NOVEMBER 28, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The Site Plan labeled as E1 AOL, prepared by Lombard -Conrad Architects, dated August 15, 2006 is approved, with the conditions listed herein. The applicant shall comply with all applicable provisions from the previous Annexation (AZ -05-008) and Certificate of Zoning Compliance (CZC-05-075), and the subject ConditioiW Use Permit (CUP -06-031) and Variance (VAR -06- 021) approvals for this site -,-- 1.2 To minimize, or alleviate the adverse impacts that this use may pose to nearby residential properties, the ball field lights shall not be lit past 11 pm at night. 1.3 Use the existing driveways to/from N. Meridian Road as access for this site. No new vehicular accesses to Meridian Road or McMillan Road are proposed with this application and none are approved. 1.4 Installation of the ball field lighting shall comply with the lighting plan details shown on Sheet E 1.01 L, dated August 15, 2006, submitted with this application. The maximum height of the light poles shall not exceed 80 feet. 1.5 Because the configuration of the ball fields has changed since the issuance of the Certificate of Zoning Compliance (CZC-05-075) for the school, and to ensure that all of the conditions of approval for the subject CUP are complied with, the applicant shall be required to obtain a modification to the approved CZC from the Planning Department prior to establishing the proposed use (lighted ball fields). 1.6 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.7 The applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the use has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 2.1 No comment. 3. FIRE DEPARTMENT 3.1 Provide a 20 -foot wide access road to the center of the backstops of the four baseball fields. An approved turn around will be required at this point as it is 280' from the access road that goes around the school. From that point of this turnaround the road will then be required to be extended 149 feet to the east. This will provide access to provide emergency medical services to the sports complex. Plans are required to be submitted to and approved by the Meridian Fire Department. 3.2 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4. POLICE DEPARTMENT 4.1 No comment. Exhibit B i 0 CITY OF MERIDIAN PLANNIN _ ilEPARTMENT STAFF REPORT FOR THE HEARIN. DATE OF NOVEMBER 2S, 2006 5. PARKS DEPARTMENT 5.1 Submit one full-size scaled irrigation and landscape plan for the ball fields to the Parks Department for review and approval. 6. SANITARY SERVICES COMPANY 6.1 No comments received. Exhibit B 0 • CITY OF ME:RIDIAI, INNING DEPARTMENT STAFF REPORT FOR THE HEAR[h. ,ATE OF NOVEMBER 28, 2006 C. Required Findings from Zoning Ordinance 1. Conditional Use Permit Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following; A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located The site was reviewed with the Certificate of Zoning Compliance application and Staff determined at that time that it was large enough to accommodate the school and ball field uses and that it met the dimensional and development regulations of the R4 district. However, by adding lights to the ball fields that exceed the maximum allowable lumens without a shield, the applicant needs to obtain a variance for the development regulation regarding the ball field lights. B. That the proposed use will be harmonious with the Meridian Comprehensive Pian and in accord with the requirements of this Title. The Council finds that the proposed use is harmonious with the Comprehensive Plan Policies and Coals detailed in Section 8 of the staff report. The Comprehensive Plan map designates the subject property as "Public/Quasi-Public," which the school and associated uses correspond with. C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the eszsting or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Council finds that if the applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance of the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. The Commission and Council should relied on any public testimony provided to determine if the proposed ball field lighting will be compatible with the existing residential character of the general vicinity. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission and Council should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council finds that sanitary sewer, and domestic water are available and construction plans for the installation thereof have already been approved. Additionally, refuse disposal, Exhibit C CITY OF MERIDIAN _ANNING DEPARTMENT STAFF REPORT FOR THE HEAWN..,ATE OF NOVEMBER 28, 2W6 and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACRD. Based on comments from other agencies and departments, staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. F. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant, along with the City, will be financing the ball field improvements for the school site. The Council finds that having additional lighted ball fields available for public use will be highly beneficial for the City and that the proposed use will not be detrimental to the community's economic welfare. G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fames, glare or odors. The Council recognizes that traffic, noise and potentially glare from the lights, may increase with the approval of the subject use in this location; however, the Council does not believe that the amount generated will be detrimental to the general welfare of the public. The Council does not anticipate the proposed use will create excessive noise, smoke, flumes, glare, or odors. The Council finds that the proposed uses will not be detrimental to people, property or the general welfare of the area, if the conditions of approval are complied with. H. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Council finds that there should not be any health, safety or environmental problems associated with this use that should be brought to the Council's attention. The Council finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. 2. Variance Findings: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11 -5B -4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: At the time the school was approved, public schools were a permitted use in the R4 zone. Ball fields are an accessory use to schools. The subject variance is for the use of exposed light bulbs that have a maximum output of over 1,800 lumens for the ball field lighting. The applicant states that exposed light bulbs are a requirement of flood lights to properly light the field area. The applicant has submitted a photometric analysis that shows light levels at the northern perimeter boundary of the site, approximately 300 feet away from the northernmost lights, to be at 0.0 to 0.1 foot candles adjacent to future residential uses; the analysis shows light levels at the western perimeter boundary, approximately 500 feet away from the easternmost lights, to be 0.0 foot candles adjacent to residential uses. Staff finds that if the City Council grants the requested variance, a Exhibit C • CITY OF MERIDIAN. -ANNING DEPARTMENT STAFF REPORT FOR THE HEARIN .SATE OF NOVEMBER 28, 2006 special privilege will be granted to the subject applicant that would not otherwise be allowed in the district. However, the Council believes that ball field lighting is not adequately addressed in the section of the UDC restricting flood lighting (ball fields are not mentioned as exempt from this standard). The Council recognizes that lighted ball fields are an uncommon use and in this instance it makes sense to conditionally allow the subject fields to be lit by flood lights, as the light glare will not spill onto adjacent properties. The Council believes the intent of the UDC restriction of flood lighting is being met for the subject ball field lights. B. The variance relieves an undue hardship because of characteristics of the site; The applicant has stated that the proposed lights with exposed light bulbs are similar to the standard light fixtures normally found at educational ball fields throughout the City. There is a "soft light" system available that reduces glare; however, it is approximately four times the cost of the standard light fixtures normally used and would require twice as many poles. The soft light system also uses exposed bulbs, but only produces a little less glare than standard bulbs according to the applicant. The applicant states that exposed light bulbs are a requirement of flood lights to property light the field area as well as the ball when it is in flight. The Council finds that there is no characteristic of this site that has caused this hardship. The hardship in this case is really caused by the UDC. and its strict prohibition of unshielded lighting in all instances. If Council grants the variance, it would relieve an undue hardship due to exposed light bulbs being necessary to provide the lighting necessary for a school ball field, but the UDC outright prohibiting their use. C. The variance shag not be detrimental to the public health, safety, and welfare. Council finds that allowing the exposed light bulbs for the ball field lighting should not be detrimental to the public health, safety, and/or welfare if the applicant complies with the Fire Department comments regarding emergency access and the Planning Departments restrictions regarding the lights listed in Exhibit B. The Council should rely on public testimony to determine if the proposed use will be detrimental to the public health, safety, and welfare. Exhibit C 0 !��=2006. Council at its regular meeting held on the t 2- � day of COUNCIL MEMBER SHAUN WARDLE VOTED "� COUNCIL MEMBER JOE BORTON VOTED_6 °_� COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED p*!�L. TIE BREAKER MAYOR TAMMY de WEERD VOTED ATTEST: � WILLIAM G. BERG, JR C CLI �1 % r js_�. ' `/ Applicant 01 Copy served upon: �`' -�_ Planning Department ✓ Public Works Department —� City Attorney By:�' Dated: 0 -pU i Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -06-31 & VAR -06-021 C3V02i NV�-IIV4 re aa JAMW TVNK CO A -,A;i. m• iiNl WIN March 7, 2008 MERIDIAN CITY COUNCIL MEETING March 11, 2008 APPLICANT ITEM NO. 6-A REQUEST Amended Travel Policy from February 12, 2008 Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. COMMENTS See Previous Item Packet / Minutes See attached TRAVEL AUTHORIZATION FORM • • Form approved by City of Meridian Nov 2007 (=>f,I- E ID►IAN EMPLOYEE TO 60MF Travel for: ❑ Training Name of Traveler: THIS SECTION ❑ Conference e of City of Meridian Travel: to the City: Date Submitted: (attach itinerary) ❑ Seminar ❑ State(Grant ❑ Recruitment Employee ID# : Credit Card Issued #: Department to charge to: Departure Date: Mark a// that will be claimed under City of Meridian Travel Policy Regulations and Procedures Manual. ❑ TRANSPORTATION ❑ City of Meridian Vehicle Mileage Rate ❑ Car Rental (Note: Insurance coverage is not a reimbursable expense) ❑ Airfare ❑ LODGING ❑ REGISTRATION FEE ❑ PER DIEM (IRS Schedule): @ $ 49 per day ❑ MISCELLANEOUS (explain) : ❑ CITY OF MERIDIAN CREDIT CARD NEEDED @ $ 36.75 travel day Estimated Total Cost of Trip or Maximum Ext Return Date: Estimated Cost ❑ Other $ 0.00 [57102] $ [57202] $ [57202] $ [57203) $ 0.00 [57204) $ 0.00 0.00 I certify that my travel Is necessary and directly related to City of Meridian business. I agree that If requesting reimbursement, I will (1) sign and complete or have completed a Travel Reimbursement Request form, and (2) present lodging, transportation and all other original receipts which will be required within 10 days of my return. I have received and read the Travel Policy published by the City of Meridian and agree to its terms. of Traveler BE COMPLETED BY AUTHORIZED DEPARTMENT ht Information Date: Prepared by:. Airline: Ital Car Information From: To: Flight No.: Date Name of Traveler: 0 From: To: Date From: Date To: Confirmation#: Confirmation#: Payment Method Payment Method Lodging Information From: To: Hotel Name Location (City) Confirmation#: Payment Method Preparer's Signature Date Authorization Supervisor Signature Date Director Signature Date I have received and read the Travel Policy published by the City of Meridian and agree to Its terms. I am responsible for administering and ensuring compliance with the Travel Policy in accordance with the C[tys Ethics Ordinance (#787) and consistent with Idaho Code. I certlfy that all travel is necessary and directly related to City of Meridian business. Failure to comply with any of the terms of the Travel Policy may result In legal and/or disciplinary action, up to and including termination. Foran must be typed Travel is reimbursed in accordance with City of Meridian travel policy, submission of the Travel E)Mnse Report and original receipts. 9 and, hopefully, we come to a mutually satisfactory conclusion on whatever occurs. okay? Rountree: Katey, my last comment is I -- and send my appreciation to the commission on the hard choice they made in how to program. I know how easy it is to overprogram and build people's hopes, only to dash them at the very end and I think that the advanced warning is the right way to go and you're fiscally responsible in doing what they did. So, I do appreciate that decision. I hate to see us slip a project, but that should go without saying. But I appreciate that effort and I do appreciate the effort that your staff has opened up to our staff and allowed the dialogue to expand and I hope that we can refine that process a little more as the days go along and we all have very open lines of communications and can understand well enough in advance where these things are going, but I appreciate you for doing that. Levihn: Thank you very much, Council President Rountree and the Council and I will pass that back to the commission. They will appreciate that. Rountree: Thank you. Bird: Thank you. Item 5: CITY POLICY REVIEW: (a) Amended Travel Policy — Bill Nary. Rountree: We have two policy reviews, Items 5 and 6, and I assume, Bill, you're going to update us on both of those? Nary: Mr. President, Members of the Council, I am. Rountree: Okay. Nary: The city policy review is the amended travel policy. We had a discussion a few months back about moving to a per diem policy with some other requirements. In your packet is a policy that has been vented through the directors of the city a number of times and you have actually in front of you a clean copy, as well as one with the infamous bubbles on it, so sometimes it's a little hard to read, so that's why I provided you both. But we think we have got the policy based on the direction from the Council on both the per diem, as well as trying to find a workable method to track travel types of expenses, travel accountability. The only piece left -- and that's why it's not in front of you for passage tonight is one for you folks to have another opportunity to review it and ask questions, but, secondarily, one of the things that we think is key to the accountability portion is a form and finance has agreed to craft a form that would be workable to them for the departments to, then, use, essentially, and each of the departments when a person is going to travel, they would, then, fill out the form as to what they are doing, where they are going, what's the purpose of it, submit that with the 0 , initial travel expenses that are necessary for the up -front costs, airplane flight, car rentals, hotels, those types of things, so that there is some method in the finance department to account for where the expenditures are going and what's the purpose and, then, at the end of the travel, then, the employee would submit with the final accounting of receipts and all of the things that are generally necessary once you get there. Cars, for example, are ones you can book prior. Normally you can't pay for them up front, you have to pay for them at the time you rent them. Hotels you can normally prepay, but you'll get the receipt at the end of the trip. Those types of things. So that we can, again, match up. And if there is aberrations for whatever reason, trip got extended for unknown reasons, there were other expenses that were not anticipated up front, those can be accounted for in the format, accounting can review it. There is information that's in the policy and it took us a little while to fashion it, but trying to make sure that we are in compliance with the federal IRS requirements as well, which are very broad, and our restrictions and requirements for accountability are much tighter than that, but making sure people understand there is a reason we do this and it's not simply to just make their life tough, but, really, to make sure we are complying with the IRS standards, because the penalties on the IRS are significant. Primarily the fact that the travel expense is all, then, transferred to the employee as income. So, if they don't do the accounting properly, they aren't provided the proper receipting and the proper information, the employer runs the risk that the entire cost of travel, the airplane, the hotel, the car, everything else, gets passed along to them and the tax consequences with it. Obviously, nobody wants that. The city doesn't want that. But that's why there is a notice provision at the front of what's the purpose of it. I think we have captured that, but if you would like we should have the form completed with finance in the next couple of weeks and if we can get -- if you'd like we can put it on for a discussion item as a department report. We can add a resolution to it if you find it acceptable, if you have information or concerns you want to make known to you before that, we can do that. I think we just want to make sure we get it in front of you in a timely manner. It has taken us a little longer, but you can ask any of the directors, we have certainly had some lively discussions over this policy and how to make it workable. But I think all the directors together have really tried to find a method that could be useful to the city and be accountable and trackable for the finance department and I think we have gotten there. Two or three weeks? Whatever is your preference. Rountree: Comment? No? Couple weeks. I would suggest that we take your copy of this and work it over and work with your various departments as a liaison and make sure that all of their issues have been addressed, even though Bill says it's been vented several times, it doesn't hurt to do it one more time and bring your comments and/or a position ready to move on this and -- three weeks? We will look at three weeks. I'll look at the agenda and -- coming up and see how we are set up, while we have a few of them right here. Bird: Mr. President? Rountree: Mr. Bird. Bird: If we are going to go that long, why don't we -- why don't we have a discussion, because I know we are going to get -- you guys are going to get ideas from your directors. Why don't we have it on our workshop and, then, the following week have the resolution. Rountree: Well, let's -- Bird: How is your 12th workshop looking? Or whatever day it is. What day is it? Nary: 11 th. Bird: 11th. How is that looking? Rountree: I do not have an 11th workshop. Bird: That way if we got any questions -- Rountree: It looks real good right now. I don't -- is it in the back? Oh, there it is. Bird: That way we can ask Bill questions if we have them and we don't have to take it up during some Public Hearing deals. Rountree: Yeah. The 11th would -- would be -- Bird: What do you think of the idea? Rountree: -- would be good. I don't have a problem, because probably the soonest we are going to get that scheduled anyway, looking at these agendas, would be -- it's a toss up between the 18th and the 25th. So, yeah, let's -- make a note of that, Will, and we will -- we will put a lid on the 11th with that and possibly this next one added to it. Bird: Yes. Item 6: CITY ORDINANCE REVIEW: (a) Outdoor Sales and Temporary Events Ordinance — Bill Nary. Rountree: Any comments on the sixth item, Bill? Nary: Mr. President, Members of the Council, just briefly. You have a fairly lengthy memo and the ordinance in your packet, it's a 30 plus page ordinance and a fairly lengthy memo from Mrs. Kane. Basically, I think what we have been trying to accomplish is to fix some gaps in how we deal with both outdoor sales, as well as temporary events, things that are probably outside the purview of the UDC and areas that probably should be outside of the UDC. Some of the things have licensing consequences to them and we try to incorporate not just city staff, but outside city staff i Page I of I Tara Green From: Bill Nary Sent: Friday, February 15, 2008 4:27 PM To: Jaycee Holman; Tara Green Cc: Audi Clinton; Nancy Powers Subject: 2008 Travel 7.cc.3-11-08.clean copy.doc Follow Up Flag: Follow up Flag Status: Green Attachments: 2008 Travel 7.cc.3-11-08.clean copy.doc I think this final version can be placed on the March 11 workshop. 3/7/2008 0 Travel Policy — REVISED 6 Draft 2/8//2008 • SUBJECT: TRAVEL AND EXPENSE REIMBURSEMENT PURPOSE: This policy is meant to address employee travel away from the Treasure Valley that requires at least one overnight stay. It provides guidelines for the basic foundation of rules and requirements that departments must follow. In order to meet certain federal and state requirements, some departments may need to develop additional internal policies relating to documentation and guidance for record keeping and approval process. Departments may establish more restrictive guidelines to best meet their own unique needs. Volunteers or non -employees may not receive reimbursement under this policy. POLICY: The ability to travel for work purposes, including training, can be a privilege. Travel may also be part of the employee's job and associated duties. It is the responsibility of each employee to ensure that the taxpayers of the City are only being asked to fund reasonable costs and expenses related to this privilege. It shall be the responsibility of the Directors of this City to ensure that all expenditures under this policy are appropriate and consistent with fiscal responsibility. The City shall pay for only official business expenses that are directly related to conducting business for the City of Meridian. All travel must be pre -approved and the most economical means practical. Each employee is expected to exercise good judgment when incurring travel expenses. Violations of this policy may be cause for discipline. AUTHORITY & RESPONSIBILITY: Each City employee is responsible and accountable to the Department Director for the funds and assets entrusted to them. Each Director is responsible for administering and ensuring compliance with the Travel Policy The Finance department has the responsibility to track all funds for the City and assure compliance with all City, State, or Federal regulations regarding the tracking and accounting of such expenditures. PROCEDURES AND RELATED INFORMATION ACCOUNTABLE PLAN — IRS requires an "Accountable Plan" (IRS Pub#463) to determine if reimbursement would be reported as taxable income or not. To be an accountable plan, the employee must meet all three of the following rules: 0 1. The expenses must have a business connection. 2. All expenses must be adequately accounted to the employer for these expenses within a reasonable period of time. (maximum allowable time 60 days after travel) 3. All excess reimbursement or allowance must be remitted to the employer within a reasonable period of time. (maximum allowable time 120 days after travel) If the expense report is not remitted to the Finance Department within 60 days of the return date of the travel the expenses will be reported as income on the employee's W2 form and the applicable taxes will be deducted from the employee's next paycheck. Excess amounts that were advanced to the employee, except for per diem, must be remitted within ten (10) business days. Failure to remit the overpayment to the City within 120 days, of the return from the travel, will be reported as income on the employee's W2 form and the applicable taxes will be deducted from your next paycheck. TRAVEL AUTHORIZATION FORM: The Department Director is responsible for ensuring that the travel is the most cost- effective travel alternative. This policy recommends that each department designate a Department travel coordinator so someone other than the traveling employee is booking travel arrangements. The City has a vendor for travel that may be used for making these arrangements. A form shall be established and used by any employee that is traveling for City business. This form gives the employee the necessary approval prior to travel. The form shall be submitted in advance of the trip and must be approved by the Department Director, and if necessary, the Mayor. All expenses, except for those paid with the per diem amount; require a receipt for accounting purposes or reimbursement. An employee must have a valid explanation and provide other appropriate information to be considered for reimbursement. Any deviations or exceptions should be included on the form. The Travel Authorization Form shall be completed by the department prior to overnight travel outside the Treasure Valley. The form shall be provided to the Finance Department no less that ten (10) business days prior to the travel occurring. 1. This authorization form must include all elements of the travel including but not limited to; transportation, lodging, meals and conference fee if applicable and justify the reason for traveling. 2. The traveling employee will forward this authorization form to the Department Director for approval before travel arrangements and/or conference and training fees are paid. 3. Once the travel is approved the department can make the necessary travel arrangements, such as flight, hotel, etc. 4. Immediately after travel is booked a copy of the Authorization form shall be sent to Accounts Payable in Finance to support payment of airfare, hotel, and other expenses that have been incurred. 5. The form will also be included with all the information and receipts necessary after the travel is completed. 6. The per diem check will also be calculated based on the Travel Authorization Form. The traveling employee is responsible for contacting accounts payable to arrange per diem check pick-up. This must be done at least ten days in advance of actual travel. Per diem monies do not need to be refunded to the City unless the trip or portions of it are canceled. CITY CREDIT CARD A city credit card may be used to assure payment for a hotel or rental car, if necessary, and specifically approved by the Department Director, when the employee is traveling. A city credit card may be used for transportation such as taxis or shuttles and parking and fuel for a rental car. If the employee is allowed to use their personal vehicle for travel then a city credit card can be used for fuel. A city credit card may used to purchase training materials that are necessary. This purchase must be approved by the Department Director. If necessary, the employee may use the city credit card to mail training materials back to the City. This must also be approved by the Department Director. A city credit card cannot be used for any expenses that are included as part of the per diem if the employee has already received the per diem advance for travel EXPENSES EXPENSE REPORT - Travel expense reports are to be filled out after returning from travel. The reports are to be received by Finance Department within ten (10) workinu days of the travel return date pursuant to this policy. If reports are not received by that time it may be the cause of further inquiry and potential discipline if the employee refuses to comply. The use of a phone in a hotel or motel for business or personal use is highly discouraged due to the high cost associated with such use The employee should discuss this with the Department Director prior to departure to determine whether the cost will be reimbursed. PER DIEM — Per diem is compensation given to the employee for other expenses incurred while traveling that are not pre -paid or are defined as reimbursable. Per diem monies do not need to be refunded to the City unless the trip or portions of it are canceled. Per Diem expenses are including but are not limited to: • Meals • Tips or gratuities • Non -city business fees 0 9 • Personal care items • Banking or ATM fees • Entertainment • Desserts or Snacks • Beverages The per diem will be paid to the employee according to the IRS current "Domestic Per Diem Rates". This rate varies from city to city. It will be department's responsibility to designate the city closest to the destination for the travel requested and indicate that on the Travel Authorization Form. Full per diem rate is allowed for each day that contains an overnight stay. The per diem rate for travel days, the first and last day of the employee's trip, is 75% of the total per diem. If the travel takes more than one day the employee should identify on the Travel Authorization Form and request an appropriate per diem. Per Diem will be issued to employee upon final approval of travel authorization form prior to the actual travel as noted above. Employees should always get a per diem check prior to travel. NON-REIMB URSABLE EXPENSES — The following expenses are NOT considered to be reimbursable business expense, but are not excluded with the per diem. This list is not exhaustive and is subject to the discretion of the Department Director where it is noted, but includes the following, but is not limited to: a. Alcoholic beverages b. Internet charges (unless necessary for training or City business) Justification and receipt must be provided. [Department Director approval needed] c. Entertainment expenses d Tips or Gratuities e. Laundry services (unless for a City Fire or Police uniform) Justification and receipt must be provided. [Department Director approval needed] f. Valet services g. Health club services fees h. Expenses paid on behalf of others i. Banking or ATM fees j. Family member travel expenses REIMBURSABLE EXPENSES — In addition to per diem, there are expenses related to travel that are business related and are reimbursable by the City. All of these expenses will require a receipt for proof of payment. These expenses must also be approved by the Department Director. Only in an extraordinary i 9 circumstance can reimbursement be provided without a receipt. These reimbursable expenses include but are not limited to: I Transportation to and from the destination of the travel 2. Transportation to and from the airport to the hotel/motel 3. Rental car and fuel with proper authorization and receipts 4. Transit while at destination between hotel and the business related meetings or purpose for the trip. This may include taxis or shuttles. 5. Telephone or internet charges that are business related 6. Tolls 7. Taxi to and from home to the airport TRANSPORTATION — All travel must be by the most economical means practical, it does not have be the least expensive, but the employee and the Department Director must be able to justify the expenditure. Departments may consider the time of travel in the cost as well as the expense of fuel for a vehicle to travel to the same location instead of an airline. If there is interruption of travel or deviation from the direct route for the traveler's convenience, the deviation may not exceed that cost of uninterrupted travel. Employees and departments are encouraged to consider various forms of travel to and from the destination to weigh the expense of the travel. AIRLINE -Employees must travel by coach or economy class. PERSONAL VEHICLES An employee must receive specific permission from the Department Director or the Mayor to use their personal vehicle for travel under this policy. For reimbursement the employee must maintain a detailed log reflecting date, purpose, and associated odometer readings for the trip. The employee will be required to meet any other requirements of the City or its insurer prior to departure, including but not limited to providing a copy of a valid driver's license and current proof of insurance. The employee's personal vehicle insurance will be the primary insurer for the employee and their vehicle. The City's insurance will only be responsible for any damages that may be the responsibility of the City. The City may pay the standard mileage rate for the travel or may limit the expense to actual costs or some other method as determined by the Department Director. An employee will not be required to use their own vehicles without their permission, but the expense of the trip may be a factor in granting approval. RENTAL CARS — A vehicle may be rented at the destination or to travel from the Boise/Meridian area to the destination and back. A vehicle is only allowed with prior authorization and must be justified that it is necessary and economical for the benefit of the City. (Use the Travel Authorization Form). The request must indicate the necessity of the vehicle related to City business. The employee will be responsible for the fuel or parking expenses for any trips that are not related to city business. LODGING — The employee must stay within the IRS hotel rate for the appropriate city or stay at the conference hotel (if applicable). When securing reservations employees will identify themselves as government employees to obtain the government rate, if available. The City will pay the room charge plus applicable room taxes. Hotel charges should be broken down on a per day basis on the receipt and the expense report. If two employees share a hotel room the employee who paid for the room should attach the original receipt to his/her expense report noting that the room was shared and with whom. If a non-employee shares a room, the employee will only be reimbursed for the single room rate or provide proof that no additional costs was incurred. EARLY DEPARTURE or LATE RETURNS — The Travel Authorization Form should also note if the employee is requesting to stay beyond the business requirement. If there is an impact on the City related travel the employee shall be personally responsible for the additional cost. This justification should reflect that there is no increase in total travel cost to the City. OTHER REIMBURSEMENTS — When other agencies or organizations directly reimburse an employee for travel, training, and other related costs where such costs were borne by the City, the employee will be required to endorse the reimbursement check over to the City or write a personal check to reimburse the City within 10 days of receipt of monies. TRIP CANCELLATION —If the trip is canceled prior to departure the employee has three (3) business days to return the entire per diem amount to the City. The employee or the Department Travel Coordinator shall be responsible to cancel all the arrangements made for the travel and attempt to limit the City's costs for this change. February 8, 2008 MERIDIAN CITY COUNCIL MEETING February 12,2W8 APPLICANT ITEM NO. -A REQUEST Amended Travel Policy AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Travel Policy-- REVISED 4 Draft ZV/2008 SUBJECT: TRAVEL AND EXPENSE REIMBURSEMENT PURPOSE: This policy is meant to address employee travel away from the Treasure Valley that requires at least one overnight stay. It provides guidelines for the basic foundation of rules and requirements that departments must follow. In order to meet certain federal and state requirements, some departments may need to develop additional internal policies relating to documentation and guidance for record keeping and approval process. Departments may establish more restrictive guidelines to best meet their own unique needs. Volunteers or non -employees may not receive reimbursement under this policy. POLICY: The ability to travel for work purposes, including training, can be a privilege. Travel may also be part of the emplo ey e's job and associated duties. It is the responsibility of each employee to ensure that the taxpayers of the City are only being asked to fund reasonable costs and expenses related to this privilege. It shall by the responsibility of the Directors of this City to ensure that all expenditures under this policy are appropriate and consistent with fiscal responsibility. 1 Deleted: 3 Deleted: 1 Deleted: 14 .- Deleted: is The City shall pay for only official business expenses that are directly related to conducting business for the City of Meridian. All travel must be pre approved and the most economical -means -practical. Each employee is Deleted: expected to exercise good judgment when incurring travel expenses. Violations of this policy may be cause for discipline AUTHORITY & RESPONSIBILITY: Each City employee is responsible and accountable to the Department Director for the funds and assets entrusted to them. EachDirector is .. f Deleted: city responsible for administering and ensuring compliance with the Travel Policy The Finance department has the responsibility to track all funds Deleted: The Finance Department has ------------ for the City and assure compliance with all Cit State or Federal t� authority to enforce City, smte and Federal regulations. regulations reearding the tracking and accounting of such expenditures PROCEDURES AND RELATED INFORMATION ACCOUNTABLE PLAN — IRS requires an "Accountable Plan" (IRS Pub#463) to determine if reimbursement would be reported as taxable income or not. To be an accountable plan, the employee must meet all three of the following rules: I. The expenses must have a business connection. 2. All expenses must be adequately accounted to the employer for these expenses within a reasonable period of time. (maximum allowable time 60 days after travel) 3. All excess reimbursement or allowance must be remitted to the employer within a reasonable period of time. (maximum allowable time 120 days after travel) If the expense report is notxemitted to theFinance Department within 60 days of the --------------�--------- - --- return date of the travel the expenses will be reported as income on the em llgyee's W2 formand the applicable taxes will be deducted from the employee's ext paycheck. F�ccess amounts that were advanced to the employee, except forger diem, must be remitted within ten (10) business days. Failure to remit the overoa agntgity within 120 ; days, of the return from the travel,will be reported as income on the emplo- yee'� W2 form and the applicable taxes will b. from deducted our next paycheck.. TRAVEL AUTHORIZATION FORM: The Department Director is responsible for ensuring that the travel is the most cost- effective travel alternative. This policy recommends that each department designate a ,department travel coordinator so someone other than the traveling employee is booking ---------- --- ----- travel arrangements. The City has a vendor for travel that may be used for making these arrangements. A form shall be established and used by any employee that is traveling for City business. This form gives the employee the necessary approval prior to travel. The form shall be submitted in advance of the trip and must be approved by the Department Director, and if necessary, the Mayor. All expenses, except for those paid with the per diem amount; require a receipt for accounting purposes or reimbursement. An employee must have a valid explanation and provide other appropriate information to be considered for reimbursement. Any deviations or exceptions should be included on the form. The TravelApthorization Form shall be_completed by the_departmentprior to overnight Deleted: t travel outside the Treasure Valley. The form shall be provided to the Finance Del; a Department no less that ten (10) business days prior to the travel occurrine Deleted: f 1. This authorization form must include all elements of the travel including but not limited to; transportation, lodging, meals and conference fee if applicable and justify the reason for traveling. 2. The traveling employee will forward this authorization form to the Department Director for approval before travel arrangements and/or conference and training fees are paid. 3. Once the travel is approved the department can make the necessary travel arrangements, such as flight, hotel, etc. 4. immediately after travel is booked a copy of the uthorization form,,h�aI be Sent to Accounts Payable in Finance to support payment of auiare, hotel, and other expenses that have been incurred. 5. The form will also be included with all the information and receipts-, necessary after the travel is com 1p eted 6. The per diem check will also be calculated based on the 1,rayO ?Ajuthorization Form_ The traveling employee is responsible for contacting accounts payable to arrange per diem check pick-up. This must be done ;. at least ten days in advance of actual travel. Per diem monies do not need to be refunded to the City unless the trip or portions of it are canceled. CITY CREDIT CARD -A city credit card may be used to assure payment for a hotel or rental car, if necessary, and specifically approved by the Department Director, when the employee is traveling. A city credit card may be used for transportation such as taxis or shuttles and parking and fuel for a rental car. If the employee is allowed to use their personal vehicle for travel then a city credit card can be used for fuel. A city credit card may used to purchase training materials that are necessary. This purchase must be approved by the Department Director. If necessary, the employee may use the city credit card to mail training materials back to the City. This must also be approved by the Department Director. A city credit card cannot be used for any expenses that are included as part of the per diem if the employee has already received the per diem advance for travel EXPENSES Deleted: a Formatted: Font: Not Bold Deleted: should Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Bullets and Numbering Deleted: t Deleted: a Deleted: f Deleted: of the deperhnent EXPENSE REPORT - Travel expense reports are to be filled out after returning from travel. The reporn are to be received& Finance Department within ten (10)Deleted: Y working days of the travel return date pursuant to this policy. If reports are not Deli: m received by that time it may be the cause of further inquiry and potential discipline if the employee refuses to comply. The use of a phone in a hotel or motel the use for business or personal use is highly discouraged due to the high cost associated with such use The employee should discuss this with the Department Director prior to departure to determine whether the cost will be reimbursed. PER DIEM - Per diem is compensation given to the employee for others- Formatted: Indent: Left: 0.75° expenses incurred while traveling that are not pre -paid or are defined as reimbursable. Per diem monies do not need to be refunded to the City unless the trip or portions of it are canceled. Per Diem expenses are including but are not limited to: -- Deleted: These • Meals • Tips or gratuities 0 0 • Non -city business fees • Personal care items • Banking or ATM fees • Entertainment • Desserts or Snacks • Beverages The per diem will be paid to the employee according to the IRS current "Domestic Per Diem Rates". This rate varies from city to city. It will be department's responsibility to designate the city closest to the destination for the travel requested and indicate that on the Travel Authorization Form. Full per diem rate is allowed for an each day that contains an overnight stay. The per diem ratefor travel days, the first and last day of the employee's trip, is 75% of the total per diem. If the travel takes more than one day the employee should identify on the Travel AuthorizationYp and recJuest,an appropriate per diem. Per Diem will be issued to employee upon final approval of travel authorization form prior to the actual travel as noted above. Employees should always get a per diem check prior to travel. NON -REIMBURSABLE EXPENSES— The following expenses are NOT considered to be reimbursable business expense, but are not excluded with the per diem. This list is not exhaustive and is subject to the discretion of the Department Director where it is noted, but includes the following, but is not limited to: a. Alcoholic beverages b. Internet charges (unless necessary for training or City business) Justification and receipt must be provided. [Department Director approval needed c. Entertainment expenses d Tips or Gratuities e. Laundry services (unless for a City Fire or Police uniform) Justification and receipt must be provided. (Department Director a roval needed f. Valet services g. Health club services fees h. Expenses paid on behalf of others i. Banking or ATM fees j. Family member travel expenses Deleted: f Deleted: 75% of per diem tete Deleted: f Deleted: additional REIMBURSABLEEXPENSES — In addition toper diem, there are exses pen __- -. Deleted: rl,e related to travel that are business related and are reimbursable by the City. All of these expenses will require a receipt for proof of payment. These expenses must .I L also be approved by the Department Director. Only in an extraordinary circumstance can reimbursement be provided without a receipt. These reimbursable expenses include but are not limited to: 1 Transportation to and from the destination of the travel 2. Transportation to and from the airport to the hotel/motel 3. Rental car and fuel with proper authorization and receipts 4. Transit while at destination between hotel and the business related meetings or purpose for the trip. This may include taxis or shuttles. 5. Telephone or internet charges that are business related 6. Tolls 7. Taxi to and from home to the airport TRANSPORTATION — All travel must be by the most economical means practical, it does not have be the least expensive, but the employee and the ,?ppartment Director must --- -- - e able to justify the expenditure. Departments may consider the time of travel in the cost as well as the expense of fuel for a vehicle to travel to the same location instead of an airline. IfAere is interruption of travel or deviation from the direct route for the -- - - ----- - traveler's convenience, the deviation may -not exceed that cost of uninterrupted travel. Employees and departments are encouraged to consider various forms of travel to and from the destination to weigh the expense of the travel. Deleted: department Deleted: AIRLINE -,Employees must travel by coach or economy class. Deleted: Thee PERSONAL VEHICLES ARpmployee must receive specific permission from the Department Director or the Mayor to use their personal vehicle for travel under this policy. For reimbursement the emplovee-.must_maintain a detailed log reflecting date, purpose, and associated odometer readings for the trip. The employee will be required to meet any other requirements of the City or its insurer prior to departure, includine but not limited to providing a copy of a valid driver's license and current proof of insurance The employee's personal vehicle insurance will be the primary insurer for the employee and their vehicle The City's insurance will only be responsible for any damages that may be the responsibility of the City. The City may pay the standard mileage rate for the travel or may limit the expense to actual costs or some other method as determined by the Department Director. Anggnployee�will not be required to use their own vehicles without their permission, but the expense of the trip may be a factor in granting approval. RENTAL CARS — A vehicle may be rented at the destination or to travel from the Boise/Meridian area to the destination and back. A vehicle is only allowed with prior authorization and must be justified that it is necessary and economical for the benefit of the City. (Use the T #yqe Authorization Form). The requestmust indicate the necessity - of the vehicle related to City business. The employee will be responsible for the fuel or parking expenses for any trips that are not related to city business. Deleted: The Deleted: you Deleted. E Deleted: s Deleted: t Deleted: a Deleted: f LODGING — The employee must stay within the IRS hotel rate for the appropriate city or stay at the conference hotel (if applicable). When securing reservations employees will identify themselves as government employees to obtain the government rate, if available. The City will pay the room charge plus applicable room taxes. Hotel charges should be broken down on a per day basis on the receipt and the expense report. If two employees share a hotel room the employee who paid for the room should attach the original receipt to his/her expense report noting that the room was shared and with whom. If a non-employee shares a room, the employee will only be reimbursed for the single room rate or provide proof that no additional costs was incurred. EARLY DEPARTURE or LATE RETURNS — The Travel Authorization Form should also note if the employee is requesting to stay beyond the business requirement. If there is an impact on the City related travel the employee shall be personally responsible for the additional cost. This justification should reflect that there is no increase in total travel cost to the City. OTHER REIMBURSEMENTS — When other agencies or organizations directly reimburse an employee for travel, training, and other related costs where such costs were borne by the City, the employee will be required to endorse the reimbursement check over to the City or write a personal check to reimburse the City within 10 days of receipt of monies. TRIP CANCELLATION —If the trip is canceled prior to departure the employee has three (3) business days to return the entire per diem amount to the City. The em llooyee or the Department Travel Coordinator shall be responsible to cancel all the arrangements made for the travel and attempt to limit the City's costs for this change \_] Travel Policy — REVISED 6 Draft 2/8//2008 SUBJECT: TRAVEL AND EXPENSE REIMBURSEMENT PURPOSE: This policy is meant to address employee travel away from the Treasure Valley that requires at least one overnight stay. It provides guidelines for the basic foundation of rules and requirements that departments must follow. In order to meet certain federal and state requirements, some departments may need to develop additional internal policies relating to documentation and guidance for record keeping and approval process. Departments may establish more restrictive guidelines to best meet their own unique needs. Volunteers or non -employees may not receive reimbursement under this policy. POLICY: The ability to travel for work purposes, including training, can be a privilege. Travel may also be part of the employee's job and associated duties. It is the responsibility of each employee to ensure that the taxpayers of the City are only being asked to fund reasonable costs and expenses related to this privilege. It shall by the responsibility of the Directors of this City to ensure that all expenditures under this policy are appropriate and consistent with fiscal responsibility. The City shall pay for only official business expenses that are directly related to conducting business for the City of Meridian. All travel must be pre -approved and the most economical means practical. Each employee is expected to exercise good judgment when incurring travel expenses. Violations of this policy may be cause for discipline. AUTHORITY & RESPONSIBILITY: Each City employee is responsible and accountable to the Department Director for the funds and assets entrusted to them. Each Director is responsible for administering and ensuring compliance with the Travel Policy The Finance department has the responsibility to track all funds for the City and assure compliance with all Cit, State, or Federal regulations regarding the tracking and accounting of such expenditures. PROCEDURES AND RELATED INFORMATION ACCOUNTABLE PLAN — IRS requires an "Accountable Plan" (IRS Pub#463) to determine if reimbursement would be reported as taxable income or not. To be an accountable plan, the employee must meet all three of the following rules: 1. The expenses must have a business connection. 2. All expenses must be adequately accounted to the employer for these expenses within a reasonable period of time. (maximum allowable time 60 days after travel) 3. All excess reimbursement or allowance must be remitted to the employer within a reasonable period of time. (maximum allowable time 120 days after travel) If the expense report is not remitted to the Finance Department within 60 days of the return date of the travel the expenses will be reported as income on the employee's W2 form and the applicable taxes will be deducted from -the employee's next paycheck. Excess amounts that were advanced to the employee, except for per diem, must be remitted within ten (10) business days. Failure to remit the overpayment City within 120 days, of the return from the travel, will be reported as income on the employee's W2 form and the applicable taxes will be deducted from your next paycheck. TRAVEL AUTHORIZATION FORM: The Department Director is responsible for ensuring that the travel is the most cost- effective travel alternative. This policy recommends that each department designate a Department travel coordinator so someone other than the traveling employee is booking travel arrangements. The City has a vendor for travel that may be used for making these arrangements. A form shall be established and used by any employee that is traveling for City business. This form gives the employee the necessary approval prior to travel. The form shall be submitted in advance of the trip and must be approved by the Department Director, and if necessary, the Mayor. All expenses, except for those paid with the per diem amount; require a receipt for accounting purposes or reimbursement. An employee must have a valid explanation and provide other appropriate information to be considered for reimbursement. Any deviations or exceptions should be included on the form. The Travel Authorization Form shall be completed by the department prior to overnight travel outside the Treasure Valley. The form shall be provided to the Finance Department no less that ten (10) business days prior to the travel occurring. 1. This authorization form must include all elements of the travel including but not limited to; transportation, lodging, meals and conference fee if applicable and justify the reason for traveling. 2. The traveling employee will forward this authorization form to the Department Director for approval before travel arrangements and/or conference and training fees are paid. 3. Once the travel is approved the department can make the necessary travel arrangements, such as flight, hotel, etc. • 4, Immediately after travel is booked a copy of the Authorization form shall be sent to Accounts Payable in Finance to support payment of airfare, hotel, and other expenses that have been incurred. 5. The form will also be included with all the information and receipts necessary after the travel is completed. 6. The per diem check will also be calculated based on the Travel Authorization Form. The traveling employee is responsible for contacting accounts payable to arrange per diem check pick-up. This must be done at least ten days in advance of actual travel. Per diem monies do not need to be refunded to the City unless the trip or portions of it are canceled. CITY CREDIT CARD —A city credit card may be used to assure payment for a hotel or rental car, if necessary, and specifically approved by the Department Director, when the employee is traveling. A city credit card may be used for transportation such as taxis or shuttles and parking and fuel for a rental car. If the employee is allowed to use their personal vehicle for travel then a city credit card can be used for fuel. A city credit card may used to purchase training materials that are necessary. This purchase must be approved by the Department Director. If necessary, the employee may use the city credit card to mail training materials back to the City. This must also be approved by the Department Director. A city credit card cannot be used for any expenses that are included as part of the per diem if the employee has already received the per diem advance for travel EXPENSES EXPENSE REPORT - Travel expense reports are to be filled out after returning from travel. The reports are to be received by Finance Department within ten (10) working days of the travel return date pursuant to this policy. If reports are not received by that time it may be the cause of further inquiry and potential discipline if the employee refuses to comply. The use of a phone in a hotel or motel the use for business or personal use is highly discouraged due to the high cost associated with such use The employee should discuss this with the Department Director prior to departure to determine whether the cost will be reimbursed. PER DIEM — Per diem is compensation given to the employee for other expenses incurred while traveling that are not pre -paid or are defined as reimbursable. Per diem monies do not need to be refunded to the City unless the trip or portions of it are canceled. Per Diem expenses are including but are not limited to: • Meals • Tips or gratuities 0 • • Non -city business fees • Personal care items • Banking or ATM fees • Entertainment • Desserts or Snacks • Beverages The per diem will be paid to the employee according to the IRS current "Domestic Per Diem Rates". This rate varies from city to city. It will be department's responsibility to designate the city closest to the destination for the travel requested and indicate that on the Travel Authorization Form. Full per diem rate is allowed for an each day that contains an overnight stay. The per diem rate for travel days, the first and last day of the employee's trip, is 75% of the total per diem. If the travel takes more than one day the employee should identify on the Travel Authorization Form and request an appropriate per diem. Per Diem will be issued to employee upon final approval of travel authorization form prior to the actual travel as noted above. Employees should always get a per diem check prior to travel. NON -REIMBURSABLE EXPENSES — The following expenses are NOT considered to be reimbursable business expense, but are not excluded with the per diem. This list is not exhaustive and is subject to the discretion of the Department Director where it is noted, but includes the following, but is not limited to: a. Alcoholic beverages b. Internet charges (unless necessary for training or City business) Justification and receipt must be provided. [Department Director approval needed] c. Entertainment expenses d Tips or Gratuities e. Laundry services (unless for a City Fire or Police uniform) Justification and receipt must be provided. [Department Director approval needed] f. Valet services g. Health club services fees h. Expenses paid on behalf of others i. Banking or ATM fees j. Family member travel expenses REIMBURSABLE EXPENSES — In addition to per diem, there are expenses related to travel that are business related and are reimbursable by the City. All of these expenses will require a receipt for proof of payment. These expenses must • 0 also be approved by the Department Director. Only in an extraordinary circumstance can reimbursement be provided without a receipt. These reimbursable expenses include but are not limited to: 1 Transportation to and from the destination of the travel 2. Transportation to and from the airport to the hotel/motel 3. Rental car and fuel with proper authorization and receipts 4. Transit while at destination between hotel and the business related meetings or purpose for the trip. This may include taxis or shuttles. 5. Telephone or internet charges that are business related 6. Tolls 7. Taxi to and from home to the airport TRANSPORTATION — All travel must be by the most economical means practical, it does not have be the least expensive, but the employee and the Department Director must be able to justify the expenditure. Departments may consider the time of travel in the cost as well as the expense of fuel for a vehicle to travel to the same location instead of an airline. If there is interruption of travel or deviation from the direct route for the traveler's convenience, the deviation may not exceed that cost of uninterrupted travel. Employees and departments are encouraged to consider various forms of travel to and from the destination to weigh the expense of the travel. AIRLINE -Employees must travel by coach or economy class. PERSONAL VEHICLES An employee must receive specific permission from the Department Director or the Mayor to use their personal vehicle for travel under this policy. For reimbursement the employee must maintain a detailed log reflecting date, purpose, and associated odometer readings for the trip. The employee will be required to meet any other requirements of the City or its insurer prior to departure, including but not limited to providing a copy of a valid driver's license and current proof of insurance. The employee's personal vehicle insurance will be the primary insurer for the employee and their vehicle. The City's insurance will only be responsible for any damages that may be the responsibility of the City. The City may pay the standard mileage rate for the travel or may limit the expense to actual costs or some other method as determined by the Department Director. An employee will not be required to use their own vehicles without their permission, but the expense of the trip may be a factor in granting approval. RENTAL CARS — A vehicle may be rented at the destination or to travel from the Boise/Meridian area to the destination and back. A vehicle is only allowed with prior authorization and must be justified that it is necessary and economical for the benefit of the City. (Use the Travel Authorization Form). The request must indicate the necessity of the vehicle related to City business. The employee will be responsible for the fuel or parking expenses for any trips that are not related to city business. 0 LODGING — The employee must stay within the IRS hotel rate for the appropriate city or stay at the conference hotel (if applicable). When securing reservations employees will identify themselves as government employees to obtain the government rate, if available. The City will pay the room charge plus applicable room taxes. Hotel charges should be broken down on a per day basis on the receipt and the expense report. If two employees share a hotel room the employee who paid for the room should attach the original receipt to his/her expense report noting that the room was shared and with whom. If a non-employee shares a room, the employee will only be reimbursed for the single room rate or provide proof that no additional costs was incurred. EARLY DEPARTURE or LATE RETURNS — The Travel Authorization Form should also note if the employee is requesting to stay beyond the business requirement. If there is an impact on the City related travel the employee shall be personally responsible for the additional cost. This justification should reflect that there is no increase in total travel cost to the City. OTHER REIMBURSEMENTS — When other agencies or organizations directly reimburse an employee for travel, training, and other related costs where such costs were borne by the City, the employee will be required to endorse the reimbursement check over to the City or write a personal check to reimburse the City within 10 days of receipt of monies. TRIP CANCELLATION —If the trip is canceled prior to departure the employee has three (3) business days to return the entire per diem amount to the City. The employee or the Department Travel Coordinator shall be responsible to cancel all the arrangements made for the travel and attempt to limit the City's costs for this change. March 7, 2008 MERIDIAN CITY COUNCIL MEETING March 11, 2008 APPLICANT ITEM NO. 7-A REQUEST Outdoor Sales and Temporary Events Ordinance from February 12, 2008 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Comments Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Previous Item Packet / Minutes See attached Bird: If we are going to go that long, why don't we -- why don't we have a discussion, because I know we are going to get -- you guys are going to get ideas from your directors. Why don't we have it on our workshop and, then, the following week have the resolution. Rountree: Well, let's -- Bird: How is your 12th workshop looking? Or whatever day it is. What day is it? Nary: 11th. Bird: 11th. How is that looking? Rountree: I do not have an 11th workshop. Bird: That way if we got any questions -- Rountree: It looks real good right now. I don't -- is it in the back? Oh, there it is. Bird: That way we can ask Bill questions if we have them and we don't have to take it up during some Public Hearing deals. Rountree: Yeah. The 11th would -- would be — Bird: What do you think of the idea? Rountree: -- would be good. I don't have a problem, because probably the soonest we are going to get that scheduled anyway, looking at these agendas, would be -- it's a toss up between the 18th and the 25th. So, yeah, let's -- make a note of that, Will, and we will -- we will put a lid on the 11th with that and possibly this next one added to it. Bird: Yes. Item 6: CITY ORDINANCE REVIEW: (a) Outdoor Sales and Temporary Events Ordinance — Bill Nary. Rountree: Any comments on the sixth item, Bill? Nary: Mr. President, Members of the Council, just briefly. You have a fairly lengthy memo and the ordinance in your packet, it's a 30 plus page ordinance and a fairly lengthy memo from Mrs. Kane. Basically, I think what we have been trying to accomplish is to fix some gaps in how we deal with both outdoor sales, as well as temporary events, things that are probably outside the purview of the UDC and areas that probably should be outside of the UDC. Some of the things have licensing consequences to them and we try to incorporate not just city staff, but outside city staff at least with the Chamber of Commerce to try to figure out how to make this workable global solution. So, I would suggest this one probably a discussion item on the 11th. I mean your agenda's probably getting fairly full, but we'd like to get this -- if it's -- if it's a workable solution, without whatever other amendments you may suggest within the next month, that we could have something in place prior to the summer. I think that was our target in trying to put something together and we would have it in a time period that there is a least some advance opportunity for folks to be aware of it. But we think it's a good product, but, obviously, there is a lot of information here and I know there is some time for you to take to review that. Rountree: Very good. We will take that recommendation and get it scheduled for discussion on that. We'll have a workshop as well, Mr. Berg. Any further questions, discussion on any of those? I'm sure you have all read all that 48 pages of those ordinances at this point in time, so -- change the tape. Item 7: EXECUTIVE SESSION: ISC 67-2345 (1) (c): (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Rountree: All right. Our last item on the agenda this evening is an Executive Session. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c) and (1)(f)• Borton: Second. Rountree: It's been moved and seconded to go into Executive Session. Roll call vote, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION. MEETING ADJOURNED AT P.M. (TAPE ON FILE OF THESE PROCEEDINGS) PRESIDENT CHARLIE ROUNTREE ATTEST: WILL BERG, CITY CLERK DATE APPROVED 215 E. Franklin Road • P.O. Box 7 Meridian, Idaho 83680 CHAMBER. COMMERCE (208) 888-2817 Fax (208) $88-2682 REC IV E -D., February 26, 2008 FEB T 6 200 Mayor Tammy de Weerd City Of Meridian Charlie Rountree, City Council President CA -7.01e* Office David Zaremba Keith Bird Joe Borton Dear Mayor, de Weerd, Council President Rountree, and City Council Members: In regards to the recently presented Draft Outdoor Sales and Temporary Events, Ordinance, I would like to make some comments. I would like to commend the work of the City Departments involved in crafting this ordinance. The .Task Force in which I -participated. had comprehensive representation from the City Departments who may be involved with, or affected by, the covered activities, and the work was collaborative. As the Sole representative of the business and special events coordinating communities, I endeavored to present many -existing. or potential scenarios to the Task Force which may be covered by the Ordinance. I hope that we have succeeded in creating abroad enough ordinance to handle all eventualities. In the Memorandum included with the. Draft Ordinance, I would like to refer you to page- 2, Section C -Unresolved Issues. As. several of these issues came from questions that I addressed to Emily and Anna, I thought it would be useful if I made some clarifications for you on these. 1. Section 3-4-3(B)(4) (page 17 of draft): There are still a number of vacant or unpaved lots in town that are used forvarious temporary or seasonal: sales activities. My question was whether the ordinance would adversely affect some non-profit organizations that have standing agreements with certain property owners. Other issues come to mind as well. :Howwill this ordinance affect private property owners who are renting space on their (unpaved) property? If, for example, the Health Department allows a`food vendor or produce stand to operate on a dirt lot, is this restriction reasonable? 2. Section 3 -4-3 (B)(1 0)(c) (page 18 of draft). This particular section is of concern for any events in Storey Park or the Speedway, where people would.park in the Dairy Barn/Speedway lot, or behind the Speedway at the back of the Park. Currently, the Parks 0 0 Department prepares overflow parking in the back lot for us during Dairy Days. In addition, the Dairy Days Carnival is set-up in the Dairy Barn lot. Our concern is not just with parking shortage, but whether the ordinance disallows use of the Dairy Barn parking lot and the overflow area behind the Speedway altogether. 3. Section 3-4-3 (C)(5) -a -6 -(page 24) Standards for Special Events, notarized consent section: I asked why the ordinance required notarized consent in just this area, but had not received a response. 4. Section 3-4-4(C)(2) (page 28) regarding waiving of Citizen's Use Permit for non-profit and governmental agencies, or in case of hardship. We support this part of the ordinance. My question was in regards to the Temporary Use Permit, Section3-4-3(A)(5)(a)(I 1) (page 14) which allows the Council to waive part or all of this permit fee only in cases of hardship. It does not allow, (unless I've missed it), the same waiver standards as the Citizen's Use Permit for non-profit and governmental agencies. 5. One unaddressed issue is in Section 3-4-3(B)(1 0)(a) (page 18) -Standards for All Temporary Uses, Parking and Access. This section seems to disallow various existing scenarios where loading areas or off street parking are blocked when streets are closed for events, especially downtown. If the Citizen's Use Permit allows for these parking and access blockages with the consent of the affected businesses/property owners, does this create a conflict between the two permits? I will be forwarding a copy of the Draft Ordinance to various businesses and non-profit organizations in Meridian who have a particular interest in how the new ordinance may affect their operations. I look forward to working with City staff on the temporary sign code, an issue which is of extreme interest to the Chamber, its member businesses, and the non-profit organizations in Meridian. I welcome any questions or comments that you may have regarding this letter. Best Regards, Teri Sackman Executive Director Meridian Chamber of Commerce om ctf //%, �v v. l reST� IN Q�r'/f�<NG L� �rttT /N plot ce- m �a5�� r � �n�{�r�sf � jv /�r A.k N11 N /Y 44v'nv Q Qfe RECEIVED,,,-__ MAR 0 6 2008/a- S City ®Me0 "/ 1)tle ridian City Clerk Office 0 Page 1 of 1 Tara Green From: Emily Kane Sent: Thursday, March 06, 2008 4:21 PM To: Tara Green; Jaycee Holman Cc: Bill Nary; Anna Canning; C. Caleb Hood Subject: Ordinance for 3-11-08 Follow Up Flag: Follow up Flag Status: Green Attachments: DRAFT Outdoor Sales and Special Events Ordinance 3-11-08.doc Here is the draft outdoor sales ordinance for the ordinance review agenda item on Tuesday's City Council agenda. Thanks! Emily Emily Kane Deputy City Attorney City of Meridian, Idaho Phone: 208-898-5506 Fax: 208-884-8723 E-mail: kanee@meridiancity.org 3/7/2008 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN REPLACING CHAPTER 4, TITLE 3 OF THE MERIDIAN CITY CODE, RELATING TO OUTDOOR SALES AND TEMPORARY USES; PROVIDING FOR DEFINITIONS; REGULATING MOBILE SALES UNITS; REGULATING TEMPORARY USES; PROVIDING FOR A CITIZEN'S USE PERMIT; AND PROVIDING FOR A SAVINGS CLAUSE. WHEREAS, the City Council finds that it is in the best interest of the City of Meridian to accommodate within our community outdoor sales and temporary uses that: 1) complement existing City of Meridian businesses; 2) are safe, attractive, and desirable; 3) add variety to the shopping and/or dining opportunities available to City of Meridian residents; and 4) support and encourage community events and celebrations; WHEREAS, regulation of such outdoor sales and temporary uses is necessary to provide standards by which such sales and events may fit this vision and thereby protect the health, safety, and welfare of Meridian residents and other participants, in such outdoor sales and temporary uses occurring in our community; WHEREAS, due to the inter -departmental naturd�of�er4suring that City resources are available to manage outdoor sales and temporary uses and the attendant vehicular and pedestrian traffic, structures, signs, and other related components, it is more efficient to provide for regulation of such sales and events in this Title of the Meridian City Code, rather than in Title 11, Chapter 3 of the Meridian Unified 'Development Code, which shall be amended accordingly in a separate ordinance; WHEREAS, the regulations of mobile sales units as set forth herein are constitutional restrictions on commercial speech because: 1) pursuant to Watchtower Bible and Tract Society of New York Inc., v. Village of Stratton, 536 U.S. 150, 164-165 (2002), these regulations address substantial governmental interests, including: deterrence of fraud against Meridian residents by requiring mobile sales units to provide identification and contact information, undergo a background check, and maintain insurance; prevention of crime against Meridian residents by requiring mobile sales units to undergo a background check and fingerprinting, provide photos, provide a description of vehicles used, and report hours of operation; and protection of Meridian residents' privacy by restricting hours of operation; 2) these regulations directly advance these substantial governmental interests as required by Western States Medical Center v. Shalala, 238 F.3d 1090, 1094 (9th Cir. 2001); and 3) these regulations are no more extensive than necessary to serve such substantial governmental interests, i.e., there is a reasonable fit between these substantial governmental interests and the restrictions, which are narrowly tailored to do so pursuant to Watchtower, 536 U.S. at 168; WHEREAS, the regulations regarding temporary uses as set forth herein are in accordance with available case law regarding the constitutionality of such regulations in that DRAFT - March 5, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 1 of 35 they: 1) do not encompass activities protected by the First Amendment to the United States Constitution, according to the guiding principles set forth in Nationalist Movement v. City of York, Pa., 48 F.3d 178 (3rd Cir. 2007); 2) do not delegate overly broad licensing discretion to a government official per Forsyth County v. Nationalist Movement, 505 U.S. 123, 130 (1992)); and 3) do not require the organizer to pay fees or costs that would have a chilling effect on speech (Id.); WHEREAS, the regulations regarding Citizen's Use Permits as set forth herein codify the practice of requiring a Citizen's Use Permit for large-scale use of vehicular and pedestrian rights-of-way that has been followed informally for several years in order to facilitate inter- governmental cooperation in ensuring that such use is undertaken in a time, place, and manner that protects the health, safety, and welfare of the public, including supporting the efficient and safe flow of vehicular and pedestrian traffic on public rights-of-way during such use; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 4, of Title 3 of the Meridian City Code shall be repealed. SECTION 2: That a new chapter, Chapter 4, ofTitle,3, of the Meridian City Code shall be enacted to read as follows: CHAPTER 4 OUTDOOR SALES AND TEMPORARY USES 3-41: DEFINITIONS:. For purposes of this chapter, the following terms shall be defined as follows: A. FIRST aAMENDMENT ACTIVITY: Any and all expressive and associative activity that is protected by the United States and Idaho Constitutions, including speech, press, assembly, and/or the right to petition. B. GARAGE SALE: The sale, offer for sale, offer for trade, offer free of charge, or display for the purpose of selling, trading, or offering, of one (1) or more items of used or unwanted tangible personal property, including, but not limited to: clothing, household effects, tools, toys, recreation equipment, or other used or second-hand items customarily found in or about the home; where such sale, trade, offer or any portion thereof occurs outdoors or where any goods offered for sale or trade are displayed outdoors; and such sale, trade, offer or any portion thereof occurs at a residence or residential property. This definition shall include yard sales, basement sales, attic sales, moving sales, tag sales, rummage sales, and other such sales known by terms which are synonymous with the term GARAGE SALE. This definition shall not include, and this section shall not apply to, sales specifically authorized by and DRAFT ■ March 5, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 2 of 35 • conducted in conformity with statute or judicial order or conducted under judicial supervision, including, but not limited to, estate sales. C. GOODS: Tangible personal property, products, produce, food, or merchandise sold, offered for sale, offered for trade, offered free of charge, or displayed for the purpose of selling, trading, or offering. This definition shall also apply to personal property, products, or merchandise that is offered or displayed to be sold, traded, offered, or delivered at another time or location, or that serves as a sample of that to be sold, traded, offered, or delivered at another time or location. This definition shall not include fireworks. D. MOBILE SALES UNIT: 1. A traveling, and/or door-to-door commercial or retail establishment, enterprise, facility, and/or any agent or representative thereof, from which or whom, at which or whom, or by which or whom goods and/or services, are sold, traded, given away; offered for sale, trade, or giveaway; displayed for the purpose of sale, trade, or giveaway; or delivered pursuant to such sales :trade, or giveaway; and which or whom: a. Does not remain within any 300 -square =foot area for more than two (2) consecutive hours within any twenty -four-hour' and b. Is neither located on the premises of, nor,pbyically attached to, any permanent proprietor, except when parking or stopping temporarily in order to conduct a sale, trade, giveaway, offer, display, or delivery: 2. A MOBILE SALES UNI may travel and/or consist of any form of conveyance or transport, including, but not limited to, by foot; vehicle, trailer, cart, wheeled or other container, or other form of offerings displaying, or storing goods and/or services. 3. This definition shall not include FIRST AMENDMENT ACTIVITY on public or private property. 4. This definition'shall not include the delivery of goods or services to a residence or place of business pursuant to, a sale, trade, giveaway, or order previously transacted or placed with a commercial or retail establishment, enterprise, facility, and/or any agent or representative thereof which is not traveling and/or door-to-door. E. ORGANIZER: The person who coordinates and/or promotes one or more vendors, activities, and/or venues in order to create or produce an Outdoor Market or Special Event, and/or the applicant in whose name a City of Meridian Temporary Use Permit for an Outdoor Market or Special Event',is held. F. OUTDOOR MARKET: The sale, offer for sale, offer for trade, offer free of charge, or display by any person or persons for the purpose of selling, trading, or offering, of one (1) or more items of produce, food items, arts, crafts, new or used tangible personal property; where such sale, trade, offer or any portion thereof occurs: 1. Outdoors or where any goods offered for sale or trade are displayed outdoors; and 2. On public property or on property accessible by the general public; and 3. Within 300 feet of any other person or persons selling, trading, or offering one (1) or more items of produce, food items, arts, crafts, new or used tangible personal property. This definition shall include outdoor farmer's markets, outdoor flea markets, and outdoor DRAFT ■ March 5, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 3 of 35 arts, crafts, and/or hobby markets. This definition shall not include FIRST AmENDmENT ACTIVITY on public or private property. G. PERMANENT PROPRIETOR: The owner or occupant of real property at which such owner or occupant conducts an approved conditional or principal permitted use as such uses are defined in the Meridian Unified Development Code. H. PROMOTIONAL SALES UNIT: An outdoor or open-air commercial or retail facility from or at which goods and/or services are sold, traded, offered for sale or trade, or displayed for the purpose of sale, trade, or giveaway; and which: 1. Remains within any 300 -square -foot area for more than two consecutive hours within any twenty-four hour period; and 2. Is located on the premises of, or physically attached to, a permanent proprietor; and is operationally related or identical to such permanent proprietor. A PROMOTIONAL SALES UNIT may consist of any tangible structure, including, but not limited to, a stall, booth, tent, platform, box, table, rack, palate, trailer, cart, vehicle, container, or other form of offering, displaying, or storing goods and/or services. I. PROPERTY: Any tract of contiguous land held in single ownership. J. SERVICES: Work or labor that is offered, sold, or undertaken in exchange for money, goods, or services or that is offered or undertaken free of charge. This definition shall also include work or labor that is to be offered, "sold, or im" eztaken at another time or location, or that serves as a sample or demonstration of work or labor to be offered, sold, or undertaken at another time or location. K. SPECIAL EVENT: 1. A planned or foreseeable commercial, recreational, or expressive activity or gathering of persons which: a Changes, attempts to change, or has a tendency to change the typical use of publicly accessible land or facilities, or the normal flow or regulation of pedestrian or vehicular traffic upon or in the streets, parks, sidewalks, or other publicly accessible areas; and b. Takes place, whether entirely or partially: (1) On a street or sidewalk located within the City and will likely result in some or total obstruction of such streets or sidewalks; or (2) On any other property, whether public or private, but requires for its successful execution the provision and coordination of City services to a degree over and above that which the City normally provides; or (3) On or in any area open to the public. DRAFT ■ March 5, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 4 of 35 2. SPECIAL EVENTS may include, but shall not be limited to: a. Parade, procession, organized movement, or motorcade, consisting of persons, vehicles, or a combination thereof; b. Public assembly, demonstration, march, meeting, parade, protest, rally, or vigil which involves the expression of opinions or grievances of persons for a common purpose; c. Performance, presentation, ceremony, concert, or exhibit; d. Athletic competition, race, or contest involving sports, games, or exercises; or e. Community or neighborhood celebration, gathering, or block party. 3. The definition of SPECIAL EVENT shall not include: a. An activity held solely on private property not accessible by the general public and which neither requires the provision and coordination of City services to a degree over and above that which the City routinely provides nor compromises the ability of the City to respond to a public safety emergency; b. An activity, including FIRST AMENDMENT ACTIVITY, occurring on streets or sidewalks within the City or in or on City property, where such activity neither results in the obstruction of streets or,sidewalks, nor requires the provision and coordination of City services to a degree- over and above that which the City routinely provides, nor compromises the ability of the City to respond to a public safety emergency; c. Funeral processions; = d. Programmed activities provided or managed by the City; e.` City management and/or; permitting of City facilities or usages otherwise governed by City ordinance or policy. L. SUBDIVISION MODEL HOME: A dwelling which serves as an exhibit or example of dwellings that have been constructed or are to be constructed within the subdivision in which such model home is located. Where a dwelling is both a SUBDIVISION MODEL HOME and a SUBDMSION REAL ESTATE SALES OFFICE, the definition of SUBDIVISION MODEL HOME shall apply. M. SUBDIVISION REAL ESTATE SALES OFFICE: A structure from which lots and/or dwellings are sold, rented, or offered for sale or rent, where such structure is located in the subdivision containing such real estate. Where a structure is both a SUBDMSION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, the definition of SUBDMSION MODEL HOME shall apply. N. TEMPORARY SALES UNIT: An outdoor or open-air commercial or retail establishment, DRAFT ■ March 5, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 5 of 35 0 enterprise, or facility from or at which goods and/or services are sold, traded, offered for sale or trade, or displayed for the purpose of sale, trade, or giveaway; and which: 1. Remains within any 300 -square -foot area for more than two consecutive hours within any twenty-four hour period; and 2. Is not located on the premises of, nor physically attached to, any permanent proprietor. A TEMPORARY SALES UNIT may consist of any tangible structure, including, but not limited to, a stall, booth, tent, platform, box, table, rack, palate, trailer, cart, vehicle, container, or other form of offering, displaying, or storing goods and/or services. This definition shall not include the sale of fireworks. O. TEMPORARY SIGN: A sign, and/or any device, fixture, placards or structure which: 1. Uses any color, form, graphic, illumination, symbol, or writing to identify, promote, advertise, or direct patrons to a TEMPORARY USE; and 2. Is not permanently mounted or secured. This definition shall be limited in its application to TEMPORARY SIGNS regarding TEMPORARY USES as defined in and regulated by this chapter, and shall not apply to signs defined in and regulated by other provisions of City Code, including, but not limited to, temporary and/or permanent signs regulated by the Meridian Unified Development Code. P. TEMPORARY USE: The carrying on, for a determinate and transitory period of time, a use of, at, or upon real property, including, but not limited to, the sale, trade, offer, delivery, or display of goods or services, where such use is not the approved conditional or principal permitted use designated for such real property as defined and regulated by the Meridian Unified Development Code. TEMPORARY USE' shall include, but shall not be limited to, SUBDIVISION MODEL HOMES, SUBDIVISION REAL ESTATE SALES OFFICES, PROMOTIONAL SALES UNITS, TEMPORARY SALES UNITS, SPECIAL EVENTS, OUTDOOR MARKETS, and GARAGE SALES. 3-4-2: MOBILE SALES UNITS; A. License and/or permit requirements. It shall be unlawful for any person to operate, allow the operation of, or act as a MOBILE SALES UNIT without each and all of the following licenses, permits, andlor certifications: 1. Any and all licenses, permits, and/or certifications required by local, state or federal law. 2. Any and all licenses, permits, and/or certifications required by the Central District Health Department. 3. A City of Meridian Mobile Sales Unit License. a. Application for a City of Meridian Mobile Sales Unit License shall be made to the City Clerk, and shall include the following: DRAFT ■ March S, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 6 of 35 11 (1) A completed application form provided by the City Clerk, which form shall include: (a) The name, address, driver's license number, and social security number of the applicant, and/or, if the applicant is an partnership, company, or corporation, the names, addresses, driver's license numbers, and social security numbers of the partners or officers. Addresses required by this section shall include both local and corporate addresses, as well as both physical and mailing addresses. (b) The names, addresses, driver's license numbers, and social security numbers of all employees and/or persons who will be operating or acting as a MOBILE SALES UNrr within the City under the Mobile Sales Unit License. Addresses required by this section shall include both local and corporate addresses, and both physical and mailing addresses. (c) A description of the goods and/orservices to be sold, traded, given away, offered, displayed, and/or delivered under the Mobile Sales Unit License. (d) A description of the form of conveyance or transport to be used in the MOBILE SALES UNrr's operation, traveling, and/or conduct of sales, trades, giveaways;'bMrs, displays, and/or deliveries. (e) A description of"ariy and all motor vehicles to be used by the MOBILE SALES UNrr, including license plate state and number, make, model, color, and other means of identification of such vehicle(s). (f) A description of the hours, locations, and means at and by which the MOBILE SALES UNrr will operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or deliveries. (g) A comprehensive listing of any infraction, misdemeanor and/or felony convictions; probation violations; or forfeitures of bail by or of the applicant, any partner, officer, and/or any employees and/or persons who will be'operating or acting as a MOBILE SALES UNrr within the (h) An agent upon whom service of process may be made in the State of Application fee as set forth in fee schedule. The city council shall have the authority to waive in whole or in part the application fee when such a fee would present an unreasonable hardship. A request for a hardship waiver shall be made in writing, shall state the reasons for such request, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such request, the City Clerk shall schedule a public hearing on the request at a City Council meeting within thirty (30) days. The City Council's decision on such request shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. DRAFT • March 5, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 7 of 35 • (3) Two (2) photographs of the applicant and/or any employees and/or persons who will be operating or acting as a MOBILE SALES UNrr within the City. Such photographs shall be two inches by two inches and shall show the head and shoulders of the applicant and/or employee or person in a clear and distinguishable manner. (4) Fingerprints, taken by the Idaho State Police, of the applicant and/or any employees and/or persons who will be operating or acting as a MOBILE SALES UNrr within the City. (5) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or persons who will be operating or acting as a MOBILE SALES UNrr within the City from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the permit. Such insurance shall name the City as additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $100,000.00 per occurrence propertydamage. b. Upon receipt of all application materials required by this section, the City Clerk shall refer the application to the Chief of Police, who shall cause an investigation to determine the validity and completeness of the information therein. The Chief of Police or his designee shall endorse upon the application the findings of the investigation and return it to the City Clerk. c. Upon receipt of the findings of the Chief of Police or his designee, the City Clerk shall either issue a City of Meridian Mobile Sales Unit License to the applicant or deny the application. Where the City Clerk denies an application for a City of Meridian Mobile Sales Unit License, he shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as, set forth in this section. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. d. The City Clerk shall deny an application for a Mobile Sales Unit License where: (1) The application is incomplete or required application materials or fees have not been submitted; (2) Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; DRAFT ■ March S, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 8 of 35 • (3) The applicant and/or any employee and/or person to operate or act under the City of Meridian Mobile Sales Unit License has been convicted of any misdemeanor related to motor vehicles; alcohol, drugs, or illicit substances; theft, fraud, deception, or illegal sales of any goods or services; (4) The applicant and/or any employees and/or persons who will be operating or acting as a Mobile Sales Unit within the City under the City of Meridian Mobile Sales Unit License has been convicted of any felony or of any violation of this section; or (5) The applicant and/or any employees and/or, persons who will be operating or acting as a MOBILE SALES UNrr within the City under the City of Meridian Mobile Sales Unit License is requiredby any law or legal order to register as a sex offender. e. Appeal of the City Clerk's issuance or denial of an application for a Mobile Sales Unit License may be made by any person. Such appeal shall be made in writing, shall state the reasons for such.appeal, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30)` days. following a'public hearing on the appeal, City Council shall either affirm or reverse.the City Clerk's action and shall issue written findings supporting such decision. The City Council's decision on such appeal shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. f. Upon approval of an application for a Mobile Sales Unit License, the applicant/licensee shall remit to the City Clerk a license fee. Upon receipt of the license fee, the City Clerk shall issue the City of Meridian Mobile Sales Unit License. The license fee shall be established as set forth in the fee schedule. The city council shall have the authority to waive in whole or in part the license fee when such a fee would present an unreasonable hardship. A request for a hardship waiver shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such request. Upon receipt of such request, the City Clerk shall schedule a public hearing on the request at a City Council meeting within thirty (30) days. The City Council's decision on such request shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. g. The City of Meridian Mobile Sales Unit License shall include, on its face: (1) The name(s) of the licensee and any employees and/or persons licensed to operate or act as a MOBILE SALES UNrr within the City under such license; DRAFT • March 5, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 9 of 35 0 • (2) A description of the goods and/or services that may be sold, traded, given away, offered, displayed, and/or delivered under such license; (3) The hours, locations, and means at and by which the MOBILE SALES UNIT is licensed to operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or deliveries under such license; and (4) The dates during which such license is valid. h. A City of Meridian Mobile Sales Unit License shall not be required for: (1) FIRST AMENDMENT ACTIVITY on public or private property. (2) A MOBILE SALES UNIT that is invited to the premises or place at which goods and/or services are sold, traded, given away, offered, displayed, or delivered, where such invitation is extended by the occupant or owner of such premises or place. Such invitation may be extended'explicitly by such occupant or owner, or may be extended implicitly by such occupant or owner by such occupant or owner's transaction of business with such Mobile Sales Unit within the previous three hundred sixty-five (365) days. Such invitation may be revoked by such occupant or owner by explicit communication only, and shall be effective immediately, whether conveyed orally or in writing. (3) Any sale, trade, gift, offer, or display required by court order or by law. (4) The occasional sale by local school students of admission to a function of their school or of goods or services in support of a school program. L!,' The City Clerk may revoke a Mobile Sales Unit License where: (1) A term or condition of the license is violated by the licensee or by any employee or person operating or acting under such license. (2) In the course of operating or acting as a MOBILE SALES UNIT, the licensee or any employee or person operating or acting under such license violates a provision of this Chapter or of any other local, state, or federal law. (3) 'It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. (4) The licensee or any employee or person operating or acting under such license is convicted of any misdemeanor related to motor vehicles; alcohol, drugs, or illicit substances; or theft, fraud, deception, or illegal sales of any goods or services. (5) The licensee or any employee or person operating or acting under such license is convicted of any felony. (6) The licensee or any employee or person operating or acting under such license is required by any law or legal order to register as a sex offender. DRAFT ■ March 5, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 10 of 35 • The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Mobile Sales Unit License application. Such revocation shall be effective immediately upon mailing by the City Clerk. j. Appeal of the City Clerk's revocation of an application of a Mobile Sales Unit License may be made by the licensee. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. B. Time of Operation of Mobile Sales Units. 1. It shall be unlawful for any person to operate or act as a MOBILE SALES UNrr at a time of day that is outside the scope of a valid, current Mobile Sales Unit License. 2. It shall be unlawful for any person to operate or act as a'MOBILE SALES UNrr upon a date that is outside the scope of a valid, current Mobile Sales Unit License. C. Place of Operation of Mobile Sales Unit 1. It shall be unlawful for any person to operate or act as a MOBILE SALES UNrr or allow such operation or activity at a location that is outside the scope of a valid, current Mobile Sales Unit License. 2. It shall be unlawful for any person to park any vehicle or mode of conveyance utilized in the operation or activity of a MOBILE SALES UNrr in violation of any generally applicable provision of Meridian City Code or local, state, or federal law. 3. It shall be unlawful for any person to operate or act as a MOBILE SALES UNrr or allow such operation or activity in any area of the City or in any manner prohibited by the MeridianUnified Development Code. 4. It shall be unlawful for any person to operate or act as a MOBILE SALES UNrr or allow such operation or activity in or on any City building, or City property other than a City Park, without the prior written or recorded consent of City Council. 5. It shall be unlawful for any person to operate or act as a MOBILE SALES UNrr or allow such operation or activity in any City Park without the prior written consent of Parks Director and/or any licenses and/or permits required by the Title 13, Meridian City Code. D. Manner of Operation of Mobile Sales Units. DRAFT • March S, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 11 of 35 I . It shall be unlawful for any person to operate, allow the operation of, or act as a MOBILE SALES UNrr if any required license, permit, and/or certification required for such operation or activity is expired or is not valid and current for any reason. 2. If the MOBILE SALES UNrr is or utilizes a motor vehicle or other mode of transportation, a valid and current Mobile Sales Unit License shall be exhibited in a conspicuous place on such vehicle or other mode of transportation at all times during such operation or activity. Otherwise, a valid and current Mobile Sales Unit License shall be kept on the licensee's and/or employee's person at all times during such operation or activity and shall be exhibited at any time upon request of any person. It shall be unlawful for any person to operate or act as a MOBILE SALES UNrr if a Mobile Sales Unit License is not exhibited as required by this section. 3. It shall be unlawful for any person to operate or act as a MOBILE SALES UNrr where such person is not specifically licensed under a valid, current Mobile Sales Unit License. 4. It shall be unlawful for any person operating or acting as a MOBILE SALES UNrr or allowing such operation or activity to sell, trade, give I away; offer for sale, trade, or giveaway; display goods or services for the purpose of sale, trade, or giveaway; or deliver goods or services pursuant to such sale, trade, or giveaway goods or services that are outside the scope of a valid, current Mobile Sales Unit License. 5. It shall be unlawful for any person operating or acting as MOBILE SALES UNrr to operate a musical instrument or amplification device from such MOBILE SALES UNrr where such music or sound is audible beyond fifty feet (50') of the source of such music or sound. 6. It shall be unlawful for any person operating or acting as a MOBILE SALES UNrr to: a. Misrepresent his or her purpose or affiliation; b. Continue communications with a potential customer regarding a sale, trade, giveaway, or offer thereof after such customer has stated that he or she does not wish to participate in such transaction or further communicate with such MOBILE SALES UNrr. c. Represent the `issuance of any license under this Chapter as an endorsement or recommendation of such licensed activity. E. Penalty. A violation of any provision of this Chapter shall be a misdemeanor, punishable by such fine and or imprisonment as established by Idaho Code. In addition to such penalty, any person violating, allowing, or causing any provision of this Chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter continues or occurs may be deemed a separate and distinct violation. DRAFT ■ March S, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 12 of 35 F. Enforcement. Peace officers shall be empowered to enforce the provisions of this title. An officer may call upon the services of the planning, fire, parks or other appropriate city departments to assist in the enforcement of the provisions of this title or in an investigation of a suspected violation thereof. 34-3: TEMPORARY USES: A. License and/or permit requirements. It shall be unlawful for any person to establish, operate, allow the operation or establishment of, or act as any TEMPORARY USE without each and all of the following licenses, permits, and/or certifications: 1. Any and all licenses, permits, and/or certifications required by`.local, state, or federal law. 2. Any and all licenses, permits, and/or certifications required by Central District Health Department. 3. Any and all licenses, permits, and/or certifications required by Title l0' of the Meridian City Code. 4. A Citizen's Use Permit, where required. 5. A City of Meridian Temporary Use Permit,' except that a City of Meridian Temporary Use Permit shall not be required for the following activities, provided that this exception shall not exempt such activities from any other` requirements of law: FIRST AMENDMENT ACTrvrrY on public or private property; any sale, trade, gift, offer, or display required by court order or by law; GARAGE SALES; or fireworks sales. a. Application for a City of Meridian Temporary Use Permit shall be made to the Planning Department, and shall include a completed application form provided by the Planning Department, which form shall include, but not be limited to: (1) The name, address, and tax identification number of the applicant, and/or, if the applicant is a partnership, company, or corporation, the name, address, and corporate or tax identification number of such entity. Addresses required by this section shall include both local and corporate addresses, as well as both physical (2) The names and addresses of all employees and/or persons who will be establishing, operating, or acting as a TEMPORARY USE within the City under the Temporary Use Permit. Addresses required by this section shall include both local and corporate addresses, and both physical and mailing addresses. (3) A description of the use, including any goods and/or services to be sold, traded, given away, offered, displayed, and/or delivered, or any activities or events scheduled to occur, under the Temporary Use Permit. DRAFT ■ March S, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 13 of 35 M 0 (4) A description of any structures that will be used in the course of activities, sales, trades, giveaways, offers, and/or displays under the Temporary Use Permit. (5) A description of any and all motor vehicles to be used by or in the course of the TEMPORARY USE, including license plate state and number, make, model, color, and other means of identification of such vehicle(s). (6) Site plan(s) and/or map(s), including, but not limited to, placement of structures, displays, goods, vendors, scheduled events, and/or TEMPORARY SIGNS. Where material changes are made to such site plan prior to or upon set-up of the event, an updated site plan shall be submitted to the City. (7) A description of the dimensions, quantity, and locations of any and all TEMPORARY SIGNS that will be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to the TEMPORARY USE. (8) Written permission of owners of property upon which such TEMPORARY SIGNS will be installed, erected, posted, or displayed. (9) A description and/or schedule(s) of the hours, locations, and means at and by which activities, sales, trades, giveaways, offers, and/or displays will occur under the Temporary Use Permit. (10) Written permission of owners of all property or properties upon, through, or across which such TEMPORARY USE shall operate and/or occur. (11) An agent upon whom service of process may be made in the State of Idaho. (12) Application fee as set forth in fee schedule. The city council shall have the authority to waive in whole or in part the application fee when such a fee would present an unreasonable hardship. A request for a hardship waiver shall be made in writing, shall state the reasons for such request, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such request, the City Clerk shall schedule a public hearing on the request at a City Council meeting, within thirty (30) days. The City Council's decision on such request shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. b. Upon receipt of all application materials required by this section, the Planning Director or designee shall determine, and shall endorse upon the application findings and determinations regarding: (1) The validity and completeness of the information therein; DRAFT ■ March 5, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 14 of 35 0 • (2) Whether the proposed TEMPORARY USE may be conducted in accordance with all applicable provisions of law, including, but not limited to, this chapter; and (3) Whether a violation of the Meridian Unified Development Code or of this chapter is occurring upon the property upon which such proposed TEMPORARY USE will occur. c. Upon issuance of the findings, the Planning Director or designee shall either issue a City of Meridian Temporary Use Permit to the applicant or deny the application. Where an application for a City of Meridian Temporary Use,Permit is denied, the Planning Director or designee shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this section. Written notice of the denial shall be sent via U.S. mail or personally delivered to the applicant at the address set forth on the application. d. The Planning Director shall deny an application for a Temporary Use Permit where: (1) The application is incomplete or required application materials or fees have not been submitted; (2) Investigation of such application,or application materials reveals that provided information is invalid, false, or imomplete; (3) The proposed TEMPORARY USE will not be conducted in accordance with all applicable provisions of law, including, but not limited to, this chapter; or (4) A violation of the Meridian Unified Development Code or of this chapter is occurring upon the property upon which such proposed TEMPORARY USE is proposed to occur. e. The Planning' Director or designee shall issue or deny Temporary Use Permit within fifteen (15) working days of receipt of a complete application for such license. f Appeal of the Planning Director's issuance or denial of an application for a Temporary Use Permit may be made by any person. Such appeal shall be made by City Council pursuant to the City Council Review process set forth in the Meridian Unified Development Code. The City Council's decision on such appeal shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. g. The City of Meridian Temporary Use Permit shall include, on its face: (1) The name(s) of the permitee and any employees and/or persons permitted to operate or carry on a TEMPORARY USE within the City under such permit; DRAFT ■ March 5, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 15 of 35 (2) The time(s), date(s), place(s), and manner at and by which the TEMPORARY USE is permitted to occur; (3) A description of the structure(s) that may be erected under such permit; (4) A description of the caretaker unit that may be utilized for the purposes of security and maintenance of the site, if any; (5) A description of the permitted dimensions, quantity, and locations of any and all TEMPORARY SIGNS that may be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to the permitted TEMPORARY USE; and (6) Any and all other conditions of operation which, in the discretion of the Planning Director, are necessary to protect the public health, safety, and welfare and mitigate effects on surrounding property, including, but not limited to, effects of traffic, parking, noise, vibration, odor, light, glare, distraction to motorists, and/or dust. h. In addition to any and all other applicable civil or criminal penalties, the Planning Director may revoke a City of Meridian Temporary Use Permit where: (1) Any term or condition of the permit is violated by the permitee or by any employee or person operating or acting under such permit. (2) In the course of operating a TEMPORARY USE, the permitee or any employee or person operating or acting under such permit violates a provision of this Chapter or of any other local, state, or %dexal'law. (3) It is found, after issuance of such permit, that it was issued pursuant to falsified, ::.inaccurate, or incomplete information on the application therefor. The Planning Director shall notify the permitee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Temporary Use Permit application. Such revocation shall be effective immediately upon trailing by the Planning Director. i. Appeal of the Planning Director's revocation of an application of a Temporary Use Permit may be made by the permitee. Such appeal shall be made by City Council pursuant to the City Council Review process set forth in the Meridian Unified Development Code. The City Council's decision on such appeal shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. B. Standards for All TENTORARY USES. The following regulations on the time, place, and manner of TEMPORARY USES shall apply generally to any and all TEMPORARY USES. DRAFT • March S, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 16 of 35 0 • 1. Failure to obtain Temporary Use Permit. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY USE requiring a Temporary Use Permit without first obtaining a Temporary Use Permit. 2. Compliance with Temporary Use Permit. It shall be unlawful for any permitee or any employee or person acting under a Temporary Use Permit to violate or fail to comply with any term, condition, or standard set forth in such Temporary Use Permit. 3. Time of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY USE requiring a City of Meridian Temporary Use Permit at any time or upon any date other than that designated in a valid City of Meridian Temporary Use Permit. 4. Place of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY USE requiring a City; of Meridian Temporary Use Permit at any place other than that designated in a valid City of Meridian Temporary Use Permit. 5. Manner of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY USE requiring a City of Meridian Temporary Use Permit in any manner other than that designatedjn a valid City of Meridian Temporary Use Permit. 6. Surface. It shall be unlawful to operate or allow the operation or occurrence of any TEMPORARY USE, whether or not a City`of Meridian Temporary Use Permit is required for such TEMPORARY USE, on vacant property or upon any surface other than concrete or asphaltic concrete. 7. Vision triangle. It, shall be uj, w,l for any person operating or causing or allowing the operation of any TEMPORARY USE to' cause or allow structures, signs, merchandise, or any other material utilized in the operation or occurrence of such TEMPORARY USE, whether or nota City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to interfere with the clear vision triangle. 8. Right-of-way. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE to operate or cause or allow the operation or occurrence of any TEMPORARY USE within the public right of way, unless otherwise authorized by a validly issued City of Meridian Citizens Use Permit. 9. Required buffer landscape areas. Unless otherwise approved, it shall be unlawful for any person to operate or cause or allow the operation or occurrence of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, within required street buffer for arterial and collector roadways and/or land use buffer landscape areas. DRAFT ■ March S, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 17 of 35 C� • 10. Structures. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to: a. Construct or cause the construction of any permanent structure. b. Place, construct, or cause or allow the placement or construction of any structure that would not otherwise be permitted by a generally applicable provision of law or city code. c. Fail to remove a structure utilized in the operation of such TEMPORARY USE at the end of the time period allowed by a City of Meridian Temporary Use Permit or by other law. d. Place, construct, or cause or allow the placement of structures utilized in the operation or occurrence of any TEMPORARY USE within the required setback, required land use buffer, and/or the required street buffer for arterial and collector roadways. 11. Caretaker unit. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to: a. Establish and/or utilize more than one caretaker unit. b. Establish and/or utilize>a caretaker unit for purposes other than site security or maintenance. c. Fail to remove any caretaker unit at the end of the time period allowed by a City of Meridian Temporary Use Permit or by law. 12. Parking and access. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE to fail to provide adequate off street parking to serve such TEMPORARY USE. In the operation of any TEMPORARY USE, whether or not a City'.of Meridian Temporary Use Permit is required for such TEMPORARY USE: a. The TEMPORARY USE shall not displace the required off street parking spaces or loading areas of the principal permitted uses on the site. b. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances. c. All surfaces used for parking shall be constructed with asphalt or concrete paving or vegetative cover. Recycled asphalt may be used only where such material is approved for the site's principal permitted use by a certificate of zoning compliance validly issued by the City of Meridian. DRAFT ■ March S, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 18 of 35 • 13. Noise. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE to fail to shield compressors, fans, pumps, or other motorized equipment in a manner that minimizes noise levels to adjoining properties. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to locate or operate a compressor, fan, pump, or other motorized equipment within one hundred feet (100') of a residential district. 14. Site conditions. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE to operate or conduct such TEMPORARY USE in a manner that fails to provide for waste collection and disposal, including, but not limited to, debris, garbage, food or organic products, hazardous or toxic materials or byproducts, and signs. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to fail to remove waste from any TEMPORARY USE site. 15. Unobstructed sidewalk. Where a sidewalk orpedestrianway is obstructed in the course of the conduct of a TEMPORARY USE, a minimum width of four feet (4') of such sidewalk or pedestrianway shall remain unobstructed. Wherethe conduct of a TEMPORARY USE obstructs a sidewalk or pedestrianway, it shall be unlawful for any person operating or causing or allowing the operation of such TEMPORARY USE to fail to ensure that a minimum width of four feet (4') of such sidewalk or pedestrianway remains unobstructed. C. Standards for Specific TEMPORARY USES. In addition to the Standards for All TEMPORARY USES as set forth above, the following standards for time, place, and manner of operation or occurrence of specific TEMPORARY USES shall also apply. 1. Standards for SUBDIVISION MODEL HOMES. a. Where a structure is both a,SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, such structure shall be subject to the standards for a SUBDIVISION MODEL HOME. b. A SUBDIVISION MODEL HOME shall be located at or upon a lot or lots within the subdivision containing the lots and/or dwellings of which such SUBDIVISION MODEL HOME serves as an exhibit or example. It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME at or upon a lot or lots which is/are not within the subdivision containing the lots and/or dwellings of which such SUBDIVISION MODEL HOME serves as an exhibit or example. c. A SUBDIVISION MODEL HOME shall be located only within a structure that is suitable for sale and/or use as a residential dwelling unit. It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME within a structure that is not suitable for sale and/or use as a residential dwelling unit. While such residential DRAFT ■ March S, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 19 of 35 • dwelling unit is temporarily used as the SUBDIVISION MODEL HOME, such unit shall meet any and all applicable standards for commercial occupancy and shall obtain any and all permits required by Title 10 of this Code. It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME where such SUBDIVISION MODEL HOME does not meet all applicable standards for commercial occupancy or without any and all permits required by Title 10 of this Code. d. The principal use of the SUBDIVISION MODEL HOME shall be as an exhibit or example of lots and/or dwellings within the subdivision or planned unit development in which the SUBDIVISION MODEL HOME is located. It shall be unlawful for any person to use or allow the use of a SUBDIVISION MODEL HOME as a financial institution of any sort, including as an appraisal, loan, or closing office. e. A SUBDIVISION MODEL HOME may be operated only until there are no newly constructed lots or dwellings for sale or rent within the subdivision in which the SUBDIVISION MODEL HOME is located. It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME where no lots or newly -constructed dwellings are for sale or rent within the subdivision in which the SUBDIVISION MODEL HOME is located. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a SUBDIVISION MODEL HOME. (1) No more than one (1) TEMPORARY SIGN per one (1) SUBDMSION MODEL HOME shall be installed, erected, posted,, or displayed for the purpose of identifying, promoting, advertising, or directing;patrons to such SUBDIVISION MODEL HOME. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, ereetion; posting, or display of more than one (1) TEMPORARY SIGN per one (1) SUBDIVISION MODEL HOME identifying, promoting, advertising, or directing patrons to such SUBDIVISION MODEL HOME. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SUBDIVISION MODEL HOME shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting,' advertising, or directing patrons to a SUBDIVISION MODEL HOME where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDIVISION MODEL HOME upon any property other than that property upon which the SUBDIVISION MODEL HOME is located. DRAFT ■ March S, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 20 of 35 • (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a SUBDIVISION MODEL HOME shall be removed within twenty-four (24) hours of the conclusion of such TEMPORARY USE. 2. Standards for SUBDIVISION REAL ESTATE SALES OFFICES. a. Where a structure is both a SUBDMSION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, such structure shall be subject to the standards for a SUBDIVISION MODEL HOME. b. The operation of a SUBDMSION REAL ESTATE SALES OFFICE without the following valid and current licenses, permits, and/or certifications shall be unlawful: (1) A City of Meridian Temporary Use Permit. (2) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. c. A SUBDMSION REAL ESTATE SALES OFFICE shall be located at or upon a lot or lots within the subdivision containing the lots and/or, dwellings being sold from such SUBDIVISION REAL ESTATE SALES OFFICE. It shall be unlawful to operate or cause the operation of a SUBDIVISION REAL ESTATE SALES OFFICE at upon a lot or lots which is/are not within the subdivision containing the lots and/or dwellings being sold from such SUBDMSION REAL ESTATE SALES OFFICE. d. The principal use of'the SUBDIVISION REAL ESTATE SALES OFFICE shall be the sale of lots and/or dwellings within the subdivision or planned unit development in which the SUBDIVISION REAL ESTATE SALES OFFICE is located. It shall be unlawful for any person to use or allow the use of a SUBDMSION REAL ESTATE SALES OFFICE as a financiatinstitution of any sort, including as an appraisal, loan, or closing office. e. A" SUBDIVISION REAL ESTATE SALES OFFICE may remain only until there are no newly constructed lots or dwellings for sale or rent within the subdivision in which the SUBDIVISION REAL ESTATE SALES OFFICE is located. It shall be unlawful to operate or cause the operation of a SUBDIVISION REAL ESTATE SALES OFFICE where no lots or newly constructed dwellings are for sale or rent unless such SUBDIVISION REAL ESTATE SALES OFFICE is converted to a dwelling in accordance with all applicable provisions 'of law, including Title 10 of the Meridian City Code. f. A SUBDIVISION REAL ESTATE SALES OFFICE shall meet any and all applicable standards for commercial occupancy and shall obtain any and all permits required by Title 10 of this Code. It shall be unlawful to operate or cause the operation of a SUBDIVISION REAL ESTATE SALES OFFICE where such SUBDMSION REAL ESTATE SALES OFFICE does not meet all applicable standards for commercial occupancy or without any and all permits required by Title 10 of this Code. DRAFT • March S, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 21 of 35 0 • g. Where a SUBDIVISION REAL ESTATE SALES OFFICE is located within a temporary and/or portable structure, rather than in a SUBDIVISION MODEL HOME or other residential unit intended to be sold as a residential dwelling unit upon the sale or rental of the lots or dwelling units in the subdivision in which the SUBDIVISION REAL ESTATE SALES OFFICE is located, such temporary and/or portable structure shall not exceed seven hundred (700) square feet. h. The following provisions shall apply to any and all TEMPORARY SIGNS related to a SUBDIVISION REAL ESTATE SALES OFFICE. (1) No more than one (1) TEMPORARY SIGN per one (1) SUBDIVISION REAL ESTATE SALES OFFICE shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such SUBDIVISION REAL ESTATE SALES OFFICE. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than one (1) TEMPORARY SIGN per one (1) SUBDIVISION REAL ESTATE SALES OFFICE identifying, promoting, advertising, or directing patrons to such SUBDMSION REAL ESTATE SALES OFFICE. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SUBDIVISION REAL ESTATE SALES OF ICE shall not exceed sixteen (16) square feet. It shall be unlawful for 'any person to install, erect, post, or display or to allow or cause the installation, erection, posting,' or display of a TEMPORARY SIGN identifying, promoting, advertising; or directing patrons to a SUBDIVISION REAL ESTATE SALES OFFICEwhere the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDIVISION REAL ESTATE SALES OFFICE upon any property other than that property upon which the SUBDIVISION REAL ESTATE SALES OFFICE is located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a SUBDMSION REAL ESTATE SALES OFFICE shall be removed within twenty4our (24) hours of the conclusion of such TEMPORARY USE. 3. Standards for PROMOTIONAL SALES UNITS. a. The operation of a PROMOTIONAL SALES UNIT without the following valid and current licenses, permits, and/or certifications shall be a violation of this Chapter: (1) A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicable. DRAFT ■ March S, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 22 of 35 • • (3) Any and all applicable licenses, permits, and/or certifications from the Central District Health Department. (4) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. b. It shall be unlawful to operate or cause the operation of a PROMOTIONAL. SALES UNIT in a residential district. c. Only a PROMOTIONAL SALES UNIT directly associated with the principally permitted use on the site on which it is located shall be allowed; for example, a sidewalk sale or tent sales associated with an existing retail establishment shall be allowed. It shall be unlawful to operate a PROMOTIONAL SALES UNIT at any place or in any manner that is not directly associated with the principally permitted use on the site on which such PROMOTIONAL SALES UNIT is located. d. Sales by a PROMOTIONAL SALES UNIT shall be limited to a period of time not to exceed one hundred and sixty (160) days per calendar year. e. A PROMOTIONAL SALES UNIT and the property on or at which it is located shall comply with the standards for vehicular and,pedestrian access as determined by the Ada County Highway District or other transportation authority. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a PROMOTIONAL SALES UNIT. (1) No more than two (2) TEMPORARY SIGNS per one (1) PROMOTIONAL SALES UNIT shall be installed, erected, posted, or displayed for the purpose of identifying, promoting; advertising, or directing patrons to such PROMOTIONAL SALES UNIT. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) TEMPORARY SIGNS per one (1) PROMOTIONAL SALES UNIT identifying, promoting, advertising, or directing patrons to such PROMOTIONAL SALES UNIT. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT shall not exceed thirty-two (32) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT where the area of such TEMPORARY SIGN exceeds thirty-two (32) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES DRAFT - March S, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 23 of 35 UNIT upon any property other than that property upon which the PROMOTIONAL SALES UNIT is located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT shall be removed within twenty-four (24) hours of the conclusion of such TEMPORARY USE. 4. Standards for TEMPORARY SALES UNITS. a. The operation of a TEMPORARY SALES UNIT shall be unlawful without the following valid and current licenses, permits, and/or certifications: (1) A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, and/or certifications from the Central District Health Department. (4) Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. (5) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. (6) Written consent of the owner of the property on which the TEMPORARY SALES UNIT is to be located. b. It shall be unlawful'to operate or cause the operation of a TEMPORARY SALES UNIT in a residential district. C. For TEMPORARY SALES UNITS that stay on the site for the full duration of the use, such uses shall be limited to a period of time not to exceed sixty (60) days, whether such days are consecutive or not, per property per calendar year. The location of a TEMPORARY SALES UNIT on a site for any portion of a day shall constitute one (1) day for purposes of this section. d. TEMPORARY SALES UNITS may utilize no more than one (1) structure. Such structure shall not exceed seven hundred (700) square feet. It shall be unlawful to utilize more than one (1) structure in the operation of a TEMPORARY SALES UNIT. It shall be unlawful for any structure utilized in the operation of a TEMPORARY SALES UNIT to be more than seven hundred (700) square feet. It shall be unlawful to utilize any structure in the operation of a TEMPORARY SALES UNIT without any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. DRAFT • March 5, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 24 of 35 e. A TEMPORARY SALES UNIT and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County Highway District or other transportation authority. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a TEMPORARY SALES UNIT. (1) No more than two (2) TEMPORARY SIGNS per one (1) TEMPORARY SALES UNIT shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such TEMPORARY SALES UNIT. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) TEMPORARY SIGNS per one (1) TEMPORARY SALES UNIT identifying, promoting, advertising, or directing patrons to such TEMPORARY SALES UNIT. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNIT shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNIT where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, ,or directing patrons to a TEMPORARY SALES UNIT upon any property other thanthat property upon which the TEMPORARY SALES UNIT is located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to'a TEMPORARY SALES UNIT shall be removed within twenty-four (24) hours of the conclusion or close of such TEMPORARY USE. 5. Standards For SPECIAL EVENTS: a. It shall be unlawful for an ORGANIZER of a SPECIAL EVENT, or any person, to conduct, allow, organize, advertise, promote, or cause to be advertised or promoted a SPECIAL EVENT without the following: (1) A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, inspections, and/or certifications from the Central District Health Department. DRAFT ■ March 5, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 25 of 35 (4) Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. (5) Any and all licenses, permits, inspections, and/or certifications required by Title 10 of the Meridian City Code. (6) Written consent of the owner(s) of any and all property or properties on which the SPECIAL EVENT is to occur. (7) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the SPECIAL EVENT. Such insurance shall name the City as additional insured, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00,p& person bodily injury, $500,000.00 per occurrence bodily injury, and $500,00000 per occurrence property damage. b. No provision of this section shall preclude the application of any and all other licensing and/or other applicable'provisions of local, state, or federal law to any SPECIAL EVENTS ORGANIZER, nor exempt any vendor or participant in a SPECIAL EVENT from compliance with any and all other licensing or other applicable provisions of local, state, or federal law, except that where a SPECIAL EVENT includes MOBILE SALES UNTTs, such MOBILE SALES UNITS shall be exempt from the requirement to obtain City of Meridian Mobile Sales Unit License, provided that this exemption shall apply only to such MOBILE SALES UNrrs represented on the site plan(s) or map(s) submitted by the ORGANIZER in application for a validly issued City of Meridian Temporary Use Permit; and further provided that such exemption shall apply only for the time, at the place, and in the manner specified for such SPECIAL EVENT in a validly issued City of Meridian Temporary Use Permit. c. SPECIAL EVENTS shall be allowed for a period not to exceed fourteen (14) days within any ninety (90) day period. d. It shall be,unlawful for any person to conduct, allow, or organize a SPECIAL EVENT in a residential district, except that: (1) Neighborhood events or block parties shall be permitted in residential districts without a Temporary Use Permit, although a City of Meridian Citizen's Use Permit may be required. (2) SPECIAL EVENTS involving a route, such as races, parades, or marches may be permitted in residential districts, so long as such SPECIAL EVENTS both start and end in nonresidential districts. DRAFT ■ March 5, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 26 of 35 F-7 e. The following provisions shall apply to any and all TEMPORARY SIGNS related to a SPECIAL EVENT. (1) No more than two hundred (200) TEMPORARY SIGNS with an area not to exceed six (6) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT. No more than four (4) TEMPORARY SIGNS with an area not to exceed thirty-two (32) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN or TEMPORARY SIGNS where the quantity or dimensions thereof exceed the limitations set forth in this section. (2) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT upon any property without the permission of the owner of such property. (3) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT shall be removed within twenty-four (24) hours of the conclusion or close of such SPECIAL EVENT. 6. Standards for OUTDOOR MARKETS: a. It shall be unlawful for an ORGANIZER of an OUTDOOR MARKET, or any person, to conduct, allow, organize, advertise, promote, or cause to be advertised or promoted an OUTDOOR MARKET without the following valid and current licenses, permits, and/or certifications`.' (1) A City of Meridian Temporary Use Permit. (2) A Citizen's Use Permit from the City Clerk's Office, where applicable. (3) Any and all applicable licenses, permits, and/or certifications from the Central District Health Department. (4) Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. (5) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. (6) Written consent of the owner of the property on which the OUTDOOR MARKET is to be located. DRAFT - March 5, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 27 of 35 (7) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the OUTDOOR MARKT. Such insurance shall name the City as additional insured, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $500,000.00 per occurrence property damage. b. It shall be unlawful for any person to conduct, allow, or organize an OUTDOOR MARKT in a residential district. C. OUTDOOR MARKETS shall be allowed in any nonresidential district on one (1) day per week. It shall be unlawful for any person to conduct, allow, or organize an OUTDOOR MARKET on more than one (1) day per week. d. The following provisions shall apply to any and all TEMPORARY SIGNs related to an OUTDOOR MARKET. (1) No more than twenty (20) TEMPORARY SIGNS with an area not to exceed six (6) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET. No more than four (4) TEMPORARY SIGNS with an area not to exceed thirty-two (32) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN or TEMPORARY SIGNS where the quantity or dimensions thereof exceed the limitations set forth in, this section. (2)' It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN ' Identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET upon any property without the permission of the owner of such property. (3) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET shall be removed within twenty-four (24) hours of the close of such OUTDOOR MARKET. 7. Standards for GARAGE, YARD AND Sum AR SALES. a. It shall be unlawful for any person to conduct a garage sale at any one (1) address: (1) At which four (4) or more garage sales have been conducted by any person within the preceding three hundred sixty-five (365) days. DRAFT ■ March S, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 28 of 35 0 (2) At which a garage sale has been conducted by any person within the previous thirty (30) days. (3) For longer than three (3) consecutive days. (4) Between the hours of 10:00 p.m. and 6:00 a.m. b. Persons conducting garage sales shall comply with all provisions of this chapter and any and all applicable provisions of law. c. All GARAGE SALES shall be directly associated with a residence on the site of such garage sale. It shall be unlawful for any person to hold a GARAGE SALE on or at any vacant or unoccupied property and/or building, except where facts exist to support the affirmative defense that such person: (1) Is the owner of record of such property and/or building; or (2) Prior to such GARAGE SALE, has obtained written permission of the owner of such property and/or building for the garage sale, which permission shall include the scope of such permission, including specific reference to the date(s), address, and location of the garage sale; and the owner's signature and date. Any person claiming exemption under subsections (a) or (b) of this section shall bear the burden of proving that such exception applies. d. GARAGE SALES held by or for the benefit of charitable or non-profit organizations shall not be exempt from the provisions of this chapter. e. It shall be unlawful for any person to conduct a garage sale in any manner which creates a hazard to public health or safety. g. The following provisions shall apply to any and all TEMPORARY SIGNS related to a GARAGE SALE. (1) No more than four (4) TEMPORARY SIGNS per one (1) GARAGE SALE shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such GARAGE SALE. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than four (4) TEMPORARY SIGNS per one (1) GARAGE SALE identifying, promoting, advertising, or directing patrons to such GARAGE SALE. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a GARAGE SALE shall not exceed six (6) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, DRAFT ■ March 5, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 29 of 35 • 0 posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a GARAGE SALE where the area of such TEMPORARY SIGN exceeds six (6) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a GARAGE SALE upon any property without the permission of the owner of such property. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a GARAGE SALE shall be removed within twenty-four (24) hours of the conclusion or close of such TEMPORARY USE. D. Penalty. A violation of this Chapter shall be an infraction punishable by a penalty of one hundred dollars ($100). In addition to such penalty, any person violating, allowing, or causing any provision of this Chapter shall be subjectto any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter occurs and/or continues may be deemed a separate and distinct violation. E. Enforcement. Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this chapter. An officer may call upon the services of the planning, fire, parks or other appropriate city departments to assist in the enforcement of the provisions this chapter. An officer may investigate -any use or activity which he or she reasonably believes violates the provisions of this chapter. If an officer reasonably believes that a provision of this chapter has been violated; the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho Infraction ;Rules, which are incorporated herein by this reference. 3-4-4: CITIZEN'S USE PERMIT A. In addition to other applicable provisions of this Title or of other laws, City of Meridian Citizen's Use Permit shall be required prior to the operation or execution of a planned or foreseeable commercial, recreational, or expressive activity, event, or gathering of persons which: 1. Changes, attempts to change, or has a tendency to change the normal flow or regulation of pedestrian or vehicular traffic upon or in the streets, or sidewalks; or 2. Takes place, whether entirely or partially on a street or sidewalk located within the City and will likely result in some or total obstruction of such streets or sidewalks; or 3. Requires for its successful execution the provision and coordination of City services to a degree over and above that which the City normally provides. 4. A City of Meridian Citizen's Use Permit shall not be required for funeral processions. DRAFT - March 5, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 30 of 35 0 B. It shall be unlawful to operate or execute, or cause the operation or execution, of an activity, event, or gathering of persons requiring a City of Meridian Citizen's Use Permit: 1. Without a valid City of Meridian Citizen's Use Permit. 2. At any time or upon any date other than that designated in a valid City of Meridian Citizen's Use Permit. 3. At any place other than that designated in a valid City of Meridian Citizen's Use Permit. C. Application for a City of Meridian Citizen's Use Permit shall be made to the City Clerk, and shall include the following: 1. A completed application form provided by the City Clerk, which form shall include: a. The name, address, and telephone number of the applicant and/or the organization on whose behalf the applicant is applying. b. The date(s) and time(s) at which the activity or event will occur. c. The location(s) at which the activity or event will occur, and/or the route(s) that the activity or event will follow, including street names, numerical blocks, and a map thereof. d. The number of persons, vehicles, floats, animals, and/or other form(s) of presentation, display, conveyance, and/or transport to be included in the activity or event. e. A description of security and safety plans and measures to be implemented at or in the course of such activity and/or event, including, security personnel, barricades, traffic and/or crowd 'control measures, cones, and/or directional signage. 2. License fee per fee schedule, which fee shall be summarily waived by City Council upon a showing by applicant that applicant is or represents: a. A non-profit organization exempt from federal income tax under 26 U.S.C. §§ 501(c)(3), 501'(c)(6) or b. A governmental entity. Further, the city council may waive in whole or in part the license fee when such a fee would present an unreasonable hardship. A request for a hardship waiver shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such request. Upon receipt of such request, the City Clerk shall schedule a public hearing on the request at a City Council meeting within thirty (30) days. The City Council's decision on such request shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. DRAFT ■ March S, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 31 of 35 0 0 3. Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the permit. Such insurance shall name the City and the Ada County Highway District as additional insured, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $100,000.00 per occurrence property damage. 4. Applicant's agreement to indemnify, save and hold harmless, and defend the City, the Ada County Highway District, and the State of Idaho Transportation Department from the expenses of and against any and all suits, actions, claims, and/or losses of every kind, nature, and description, including costs, expenses, and attorney fees that may be incurred by reason of any act, omission, neglect, or misconduct of applicant or its participants in the use of the location(s) and/or route(s) at or upon which the activity or event will occur. 5. Applicant's certification that damage to the properties, locations, and/or routes at or upon which the activity or event will occur is not foreseeable, and that, if damaged, applicant shall incur the costs of restoring the original condition of such properties, locations, and/or routes. 6. Written approval of the the Ada County Highway District of such activity or event. D. Upon receipt of all application materials required by this chapter, the City Clerk shall: 1. Refer such application to the Police Chief, the Fire Chief, and the Mayor for their review and recommendation regarding approval or denial of the application. The Police Chief, the Fire Chief, and the Mayor shall recommend approval of such application absent a finding that the proposed activity or event would be harmful to the public health, safety, or welfare. 2. Submit courtesy copies of the application to the Ada County Sheriff's Office and the Idaho Department of Transportation. E. Upon receipt of the recommendations of the Police Chief, the Fire Chief, and the Mayor, the City Clerk shall either issue a City of Meridian Citizen's Use Permit to the applicant or deny the application. F. Where the City Clerk denies an application for a City of Meridian Citizen's Use Permit, he shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this chapter. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. The City Clerk shall deny an application for a City of Meridian Citizen's Use Permit where: DRAFT • March S, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 32 of 35 • 0 1. The application is incomplete or required application materials or fees have not been submitted; 2. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; 3. The Police Chief, Fire Chief, or Mayor recommends denial. G. All application materials for a City of Meridian Citizen's Use Permit must be received by the City Clerk at least fourteen (14) calendar days prior to the proposed activity or event. The City Clerk shall issue or deny a City of Meridian Citizen's Use Permit within fourteen (14) days of receipt of a complete application for such license. H. Appeal of the City Clerk's issuance or denial of an application of a City of Meridian Citizen's Use Permit may be made by any person. Such appeal shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such appeal. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at the next regularly scheduled City Council meeting.- Following a public hearing on the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue written findings supporting such decision. The City Council's decision on such appeal shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. I. The City of Meridian Citizen's Use Permit shall include, on its face: 1. The name(s) of the permitee; 2. The date(s) and time(s) during which such permit is valid; 3. The location(s) and/or route(s) that the permitee shall be authorized to use under the permit; and 4.Any,4,nd all conditions to which the permitee and/or participants shall be required to adhere in the course of planning and/or executing such activity or event. J. The City Clerk may revoke a City of Meridian Citizen's Use Permit where: 1. A term or condition of the license is violated by the permittee or by any employee or person operating or acting under such permit. 2. In the course of the activity or event for which the permit was issued, the permitee or any employee or person operating or acting under such permit violates a provision of this Chapter or of any other local, state, or federal law. 3. It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. DRAFT • March S, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 33 of 35 • .0 The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the application. Such revocation shall be effective immediately upon mailing by the City Clerk. K. Appeal of the City Clerk's revocation of an application of a City of Meridian Citizen's Use Permit may be made by the permitee. Such appeal shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such appeal. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within fourteen (14) days. The City Council's decision on such appeal shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. L. Penalty. A violation of this chapter shall be an infraction punishableby a penalty of one hundred dollars ($100). In addition to such penalty, any person violating, allowing, or causing any provision of this Chapter shall be subject to' any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter continues or occurs may be deemed a separate and distinct violation. M. Enforcement. Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this chapter. An officer may call upon the services of the planning, fire, parks or other appropriate city departments to assist in the enforcement of the provisions this chapter. An officer may investigate any use or activity, which he or she reasonably believes violates the provisions of this chapter.If an officer reasonably believes that a provision of this chapter has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho liftaction Rules, which are incorporated herein by this reference. 3-4-5: SEVERABILITY: If any provision, clause, sentence, or paragraph of this title or the application thereof to any person or circumstance shall beheld to be invalid by a court of competent jurisdiction, then such provision orsection shall be considered separately and apart from the remaining provisions or section of this chapter, which shall remain in full force and effect, and to this end, the provisions of this title are hereby declared to be severable. SECTION 3. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. PASSED by the City Council of the City of Meridian, Idaho, this day of 2008. DRAFT - March 5, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 34 of 35 0 APPROVED by the Mayor of the City of Meridian, Idaho, this , 2008. APPROVED: MAYOR ATTEST: DRAFT • March S, 2008 OUTDOOR SALES AND TEMPORARY USES ORDINANCE — Page 35 of 35 day of 0 • February 8, 2008 MERIDIAN CITY COUNCIL MEETING February 12, 2408 APPLICANT ITEM NO. 6-A REQUEST Outdoor Sales and Temporary Events Ordinance AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached k � I fr/1 v p M r Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • February 12, 2008 MEMORANDUM TO: Meridian City Council members Mayor Tammy de Weerd FROM: Emily Kane, Deputy City Attorney RE: Draft Outdoor Sales and Temporary Events Ordinance • Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba - 4, -it -y 011- �� eridiarz its Clerk Office This memorandum is to provide an overview of how the attached draft ordinance was created, highlight key points of the draft, request your input on the concepts embodied in the draft and on particular outstanding issues, and describe next steps as we move forward on this project. Also attached to this memorandum is an Outdoor Sales and Temporary Events Decision Tree developed by Planning Director Anna Canning. This is intended to serve as a visual aid to assist City staff in implementing the proposed ordinance consistently and cooperatively across City departments. A. The Drafting Effort As Meridian has grown, the interest of temporary vendors and event sponsors in our community has also grown. While such sales and events can enrich and diversify our community, it is important that such sales and events are presented at times, at places, and in a manner that protects and is compatible with the health, safety, and welfare of our citizens and that of our brick - and -mortar business community. To this end, in the spring of 2006, the City Attorney's Office was asked to work with other City departments and the Meridian Chamber of Commerce to draft a proposed ordinance regarding temporary businesses and events being conducted within the community. The attached Draft Outdoor Sales and Temporary Events Ordinance represents the collaborative efforts and ideas of a group including the following persons: Will Berg, City Clerk's Office ■ Brent Bjornson, Building Department • Anna Canning, Planning Department • Alison Kaptein, Parks & Recreation Dept. • Tara Green, City Clerk's Office ■ Caleb Hood, Planning Department ■ Emily Kane, Legal Department • Colin Moss, Parks & Recreation Dept. ■ Lt. John Overton, Police Department • Teri Sackman, Meridian Chamber of Commerce • Joe Silva, Fire Department ■ Sharon Smith, City Clerk's Office • Jennifer Stoy, Code Enforcement City Attorney . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-898-5506 . Fax 208-884-8723 . www.meddiancity.org 0 . Over the last eighteen months, this group has convened nine times, and smaller components of the group have held several meetings as we worked together to find balanced solutions to the diverse challenges presented by the areas sought to be regulated. B. Executive Summary of Proposed Draft Among other objectives, the attached draft ordinance seeks to: • Refine the licensing procedures, criteria, and time, place, and manner regulations relating to mobile sales units (e.g. door-to-door salesmen, ice cream trucks, etc.); • Reserve space within the ordinance to insert provisions relating to temporary signs; • Move the provisions regulating temporary uses (e.g. model homes, real estate sales offices, tent sales, sidewalk sales, fruit stands, Christmas tree stands, special events, farmer's markets) from the UDC (§ 11-3E) to Title 3; + Refine the permitting procedures, criteria, and standards relating to temporary uses; • Make violation of the temporary use provisions an infraction (the penalty for which is a set fine) to provide more flexible enforcement tool to code enforcement officers and address problem of repeat offenders undeterred by the 9 -month wait for a trial date and likely dismissal; • Refine and codify the permitting procedures, criteria, standards, and penalty provisions of temporary use code; and + Codify the Citizen's Use Permit requirement, previously enforced voluntarily in cooperation with Ada County Highway District, Ada County Sherriff s Office, and Idaho Department of Transportation. C. Unresolved Issues The Committee requests that City Council provide feedback and direction regarding the overall direction and policies of the proposed draft ordinance. Specific guidance is also requested with regard to the following issues: - • A concern has been raised regarding section 3-4-3(B)(4) (page 17 of draft), which disallows the conduct of temporary uses in vacant lots or on surfaces other than concrete or asphalt. This language is proposed to address the air quality and sanitation concerns related to pedestrian and vehicle traffic on non -paved surfaces. The concern, however, is that this provision will prevent seasonal sales (e.g. pumpkins, Christmas trees) that have traditionally occurred on vacant or dirt lots. • A concern has been raised regarding section 3-4-3(B)(10)(c) (page 20 of draft), which disallows parking for temporary uses on surfaces other than concrete, asphalt, or vegetative cover. This language is also proposed to address the air quality and sanitation concerns related to pedestrian MEMORANDUM RE: DRAFT ORDINANCE — Page 2 of 3 0 • and vehicle traffic on non -paved surfaces, and is carried over directly from existing UDC § 11- 3E -4(E)(4). The concern, however, is that this provision will create a parking shortage for certain special events. • A concern has been raised regarding the requirement that the temporary use provider obtain notarized consent of the property owner on whose property the use will be conducted (sections 3-4-3(C)(4)(a)(6) — temporary sales units, page 23; 3-4-3(C)(5)(a)(6) — special events, page 24; and 3-4-3(6)(a)(6) — outdoor markets, page 25). The requirement that consent be notarized is proposed as a barrier to forged or fraudulently procured permission, given the impact such uses may have on private real property. The concern is that this requirement is too onerous for persons conducting or organizing these uses, particularly as to special events. • A concern has been raised regarding section 3-4-4(C)(2), which provides that City Council may waive the permit fee for a Citizen's Use Permit for non-profit and governmental entities and upon a showing of hardship, but does not provide that City Council may waive the permit fee for a Citizen's Use Permit upon a showing that the use or event for which the permit is sought is of particular benefit to the community. D. Next Steps The next steps that are planned for this project include: UDC Text Amendment. Because this ordinance will embody provisions, criteria, and standards previously set forth in UDC section 11-3E, a UDC text amendment (ZOA-07-002) has been initiated removing duplicative provisions from the UDC. The Planning and Zoning Commission recommended approval of this text amendment at their December 20, 2007 meeting, and a public hearing on the text amendment is on the City Council agenda for your regular meeting on March 4, 2008. Temporary signs. A committee including Anna Canning (Planning Department), Kristy Vigil (Planning Department), Emily Kane (Legal Department), and Jim Johnson (Meridian citizen) has convened once to discuss ideas for creation of a temporary sign code. It is anticipated that a draft will be ready for City Council review within the next three months. The committee is working on an ordinance that would categorize temporary signs as either temporary signs publicizing temporary uses/events OR as temporary signs publicizing permanent uses/events. Any and all input and ideas are welcome. Parks. A temporary uses and special events code will be created that will relate specifically to those uses and events that occur in City parks and park facilities. A committee of City staff will meet to collaborate on a draft and to work with the Parks Commission's Recreation and Special Events Committee to discuss an ordinance that will encompass issues unique to the maintenance. and administration of parks. Any and all comments or suggestions on this memorandum or the attached draft ordinance are welcome. Please contact Emily Kane via e-mail (kanee@meridiancity.org) or phone (898-5506). Thank you. MEMORANDUM RE: DRAFT ORDINANCE — Page 3 of 3 0 0 DRAFT - FEBRUARY I2, 2008 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN REPLACING CHAPTER 4, TITLE 3 OF THE MERIDIAN CITY CODE, RELATING TO OUTDOOR SALES AND TEMPORARY EVENTS; PROVIDING FOR DEFINITIONS; REGULATING MOBILE SALES UNITS; REGULATING TEMPORARY USES; PROVIDING FOR A CITIZEN'S USE PERMIT; AND PROVIDING FOR A SAVINGS CLAUSE.:: WHEREAS, the City Council finds that it is in the best;riferest::of the City of Meridian to accommodate within our community outdoor sales and temporary events that: 1) complement existing City of Meridian businesses; 2) are safe, attractiveand`desirable3) .add variety to the shopping and/or dining opportunities available to City. of Meiidian residents <and 4) support and encourage community events and celebrations; WHEREAS, regulation of such outdoor sales and:tempojrary: events is necessary to provide standards by which such sales and events may b:. co sistent with this vision and thereby protect the health, safety, and welfare of Meridian residents avisitors participating in outdoor sales and temporary events occurring in our community; WHEREAS, due to the inter -departmental nature°;.of ensuring that City resources are available to manage outdoor sales and temporary events 6: ft a attendant vehicular and pedestrian traffic, structures; signs, and other related components, it is most efficient to provide for regulation of such sales and events in this Title of the Meridian City Code, rather than in Title 11, Chapter 3 of the Meridian Unified Development Code, which shall be amended accordingly in a separate ordinance; WHEREAS, the regulations of mobile sales units as set forth herein are constitutional restrictions on commercial, speech°Because: 1) pursuant to Watchtower Bible and Tract Society of New York; Inc., v. Village giStratto/i 536'U.S. 150,164-165 (2002), these regulations address substantial governmental interests, including: deterrence of fraud against Meridian residents by requiring mobile sales units to provide identification and contact information, undergo a background check,, and maintain insurance; prevention of crime against Meridian residents by requiring mobile sales units to undergo a background check and fingerprinting, provide photos, provide a description of vehicles used, and report hours of operation; and protection of Meridian residents' privacy by restricting hours of operation; 2) these regulations directly advance these substantial governmental interests as required by Western States Medical Center v. Shatala, 238 F.3d 1090, 1094 (9th Cir. 2001); and 3) these regulations are no more extensive than necessary to serve such substantial governmental interests, i.e., there is a reasonable fit between these substantial governmental interests and the restrictions, which are narrowly tailored to do so pursuant to Watchtower, 536 U.S. at 168; WHEREAS, the regulations regarding temporary events as set forth herein are in accordance with available case law regarding the constitutionality of such regulations in that DRAFT - FEBR UARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 1 of 32 DRAFT - FEBRUARY 12, 2008 they: 1) do not encompass activities protected by the First Amendment to the United States Constitution, according to the guiding principles set forth in Nationalist Movement v City of York, Pa., 48 F.3d 178 (3rd Cir. 2007); 2) do not delegate overly broad licensing discretion to a government official per Forsyth County v. Nationalist Movement, 505 U.S. 123, 130 (1992)); and 3) do not require the organizer to pay fees or costs that would have a chilling effect on speech (1d.); and WHEREAS, the regulations regarding Citizen's Use Permits as set forth herein codify the practice of requiring a Citizen's Use Permit for large-scale use of vehicular and pedestrian rights-of-way that has been followed informally for several years in order to: facilitate inter- governmental cooperation in ensuring that such use is undertaken... ,a time, place, and manner that protects the health, safety, and welfare of the public, including supporting the efficient and safe flow of vehicular and pedestrian traffic on public rights -off way d6i jY g,such use; NOW, THEREFORE, BE IT ORDAINED BY. -:THE MAYOR A COUNCIL OF THE CITY OF MERIDIAN, ADA`COUNTY, IDAHO: SECTION 1: That Chapter 4, of Title 3 of the'1Vldiat City Code shall 136 repealed. SECTION 2: That a new chapter;. Chapter 4, of Title:3' of the Meridian City Code shall be enacted to read as follows: CHAPTER. 4 <:: OUTDOOR SALES AND TEMPORARY EVENTS 34-1: DEFINITIONS:: For purposes of this sectors:thefoterm llowing s shall be defined as follows: A. FIRST AMENDMENT ACTIVITY: Any and all expressive and associative activity that is protected by the United: States idfid Idaho Constitutions, including speech, press, assembly, and/or: the right to petition. B. GARAGE- SALE: The sale, offer for sale, offer for trade, offer free of charge, or display for the purposeo£selling, trading, or offering, of one (1) or more items of used or unwanted tangible personal property including, but not limited to: clothing, household effects, tools, toys, recreation equipment, or other used or second-hand items customarily found in or about the home; where such sale, trade, offer or any portion thereof occurs outdoors or where any goods offered for sale or trade are displayed outdoors; and such sale, trade, offer or any portion thereof occurs at a residence or residential property. This definition shall include yard sales, basement sales, attic sales, moving sales, tag sales, rummage sales, and other such sales known by terms which are synonymous with the term GARAGE SALE. This definition shall not include, and this section shall not apply to, sales specifically authorized by and conducted in conformity with statute or judicial order or conducted under judicial supervision, including, but not limited to, estate sales. DRAFT - FEBRUARY I2, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 2 of 32 • DRAFT - FEBRUARY 12, 2008 C. GOODS: Tangible personal property, products, produce, food, or merchandise sold, offered for sale, offered for trade, offered free of charge, or displayed for the purpose of selling, trading, or offering. This definition shall also apply to personal property, products, or merchandise that is offered or displayed to be sold, traded, offered, or delivered at another time or location, or that serves as a sample of that to be sold, traded, offered, or delivered at another time or location. This definition shall not include fireworks. D. MOBILE SALES UNIT: 1. A traveling, and/or door -t0 -door commercial or retail establishment, enterprise, facility, and/or any agent or representative thereof, from wl &or whom, at which or whom, or by which or whom goods and/or services aresold, traded, given away; offered for sale, trade, or giveaway; displayed for thepurpose of sale, trade, or giveaway; or delivered pursuant to such sale, trade `-or giv"4y; and which or whom; a. Does not remain within any 300 -square -foot ares for more' fian two (2) consecutive hours within any twenty-four�hour period; and b. Is neither located on the premises of; nor physically attached to*::- :permanent proprietor, except when parking or stopping temporarily in order to. conduct a sale, trade, giveaway, offer, display, or delivery; _ `.:,._... 2. A MOBILE SALES UNIT may travel and/or consst`of any form of conveyance or transport, including, but not limited to, by foot, vehicle, trailer, cart, wheeled or other container, or other form of offering;: displaying, or stdhng goods and/or services. 3. This definition shall include, but'shk' ot,be limited toi `do" -door salespersons, ice cream tracks, and/or persons making' coli calls to residences or businesses. 4. This definition shall not include: a. FIRST AMENDIvIENT:ACTiVITY on=.p iilie or private property. b. The delivery of goods or services `to a residence or place of business pursuant to a sale, trade; giveaway;: or order previously transacted or placed with a commercial or retail a b.1ishment,. enterprise, facility, and/or any agent or representative thereof whit ::`- not ' i': iifig and/or door-to-door. E. ORGANIZER: The:person who: coordinates and/or promotes one or more vendors, activities, and/or venues': in order to --create or produce an OUTDOOR MARKET or SPECIAL EVENT; and/or the applicant in whose name a City of Meridian Temporary Use Permit for an OUTDOOR MARKET Or SPECIAL EVENT is held. F. OUTDOOR MARKETi 1. The sale, offer for.sale, offer for trade, offer .free of charge, or display by any person or persons for the :purpose of selling, trading, or offering, of one (1) or more items of produce, food -items, arts, crafts, new or used tangible personal property; where such sale, trade, offer or any portion thereof occurs: a. Outdoors or where any goods offered for sale or trade are displayed outdoors; and b. On public property or on property accessible by the general public; and c. Within 300 feet of any other person or persons selling, trading, or offering one (1) or more items of produce, food items, arts, crafts, new or used tangible personal property - 2. This definition shall include, but shall not be limited to: outdoor farmer's markets, DRAFT ■ FEBRUARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 3 of 32 DRAFT- FBBRUARY 12, 2008 outdoor flea markets, and outdoor arts, crafts, and/or hobby markets. 3. This definition shall not include FIRST AMENDMENT ACTIVITY on public or private property. G. PERMANENT PROPRIETOR: The owner or occupant of real property at which such owner or occupant conducts an approved conditional or principal permitted use as such uses are defined in the Meridian Unified Development Code. H. PROMOTIONAL SALES UNIT: 1. An outdoor or open-air commercial or retail facility from or atwluch goods and/or services are sold, traded, offered for sale or trade, or displayed for the purpose of sale, trade, or giveaway; and which: a. Remains within any 300 -square -foot area for morethan two consecutive hours within any twenty-four hour period; and b. is located on the premises of; or physically. attached to, a permarien_ti;.proprietor; and is operationally related or identical to such permanent,praprietor. 2. A PROMOTIONAL SALES UNIT may consist" of ally tangible: structure, including; but not limited to, a stall, booth, tent, platform, box, ta1lerack palate, trailer, cart; vehicle, container, or other form of offering, displaying, o.fA644ng goods and/or services. 3. This definition shall include, but shall not be limited° to-a.permanent proprietor's tent sale, a permanent proprietor's sidewalk sale, and/or the`sale of seasonal goods in a permanent proprietor's parking lot. I. PROPERTY: Any tract of contiguous land. hel&yin s n..6*"-. hip. J. SERVICES: Work or labor`ilat is offered, sold, or undertaken in exchange for money, goods, or services or:that is off:' or undertaken free of charge. This definition shall also include work or labor that is ta':i5e:offered, sold :. undertaken at another time or location, or that serves as. a sample or'demoristration gf:work or labor to be offered, sold, or undertaken at another time or.46cation. K. [RESERVED] L. SPECIAL.EVENT: 1. A planned or foreseeable commercial, recreational, or expressive activity or gathering of persons which: a. Changes;, attempts to change, or has a tendency to change the typical use of publicly" -d' ccessible land or facilities, or the normal flow or regulation of pedestrian or vehicular traffic upon or in the streets, parks, sidewalks, or other publicly accessible areas; and b. Takes place, whether entirely or partially: (1) On a street or sidewalk located within the City and will likely result in some or total obstruction of such streets or sidewalks; or DRAFT • FEBRUARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 4 of 32 DRAFT m FEBRUARY 12, 2008 (2) On any other property, whether public or private, but requires for its successful execution the provision and coordination of City services to a degree over and above that which the City normally provides; or (3) On or in any area open to the public. 2. SPECIAL EVENTS may include, but shall not be limited to: a. Parade, procession, organized movement, or motorcade, consisting of persons, vehicles, or a combination thereof; b. Public assembly, demonstration, march, meeting, parade, protest, rally, or vigil which involves the expression of opinions or grievances, of persons for a common purpose; c. Performance, presentation, ceremony, concert, or exhibit; d. Athletic competition, race, or contest involving,spor�s games, or exercises; or e. Community or neighborhood event or block party. 3. The definition of SPECIAL EVENT shall not include: a. An activity held solely on private property not accessible by the general public and which neither requires the provisign and coordination of City services to a degree over and above that whichltl `dty routinely provides nor compromises the ability of the City to respond to a pubRd s*ty emergency; b. An activity, including FIRST AMENDMENT-ACTVITY, occurring on streets or sidewalks within the Cityor in or on City property, where such activity neither results in the obstructionof `streets or sidewalks 'noir requires the provision and coordination of City services to a - degree over and abo 4that which the City routinely provides, nor compromises'ti e�abj1i of the City to respond to a public safety emergency; c. Funeral processi6ns; d. Programmed activities provided or managed by the City; e. City management and/or permitting;of City facilities or usages otherwise governed by City ordinance or policy: M. SUBDIVISION. MODEL HOME: A d -welling which serves as an exhibit or example of dwellings that have been constructed or are to be constructed within the subdivision in which such model home is located. Where.a dwelling is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATBSALES OFFICE, the definition of SUBDIVISION MODEL HOME shall apply. N. SUBDIVISION REAL ESTATE SALES OFFICE: A structure from which lots and/or dwellings are sold rented, or offered for sale or rent, where such structure is located in the subdivision containing such real estate. Where a structure is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, the definition of SUBDIVISION MODEL HOME shall apply. O. TEMPORARY SALES UNIT: I. An outdoor or open-air commercial or retail establishment, enterprise, or facility from or at which goods and/or services are sold, traded, offered for sale or trade, or displayed for the purpose of sale, trade, or giveaway; and which: a. Remains within any 300 -square -foot area for more than two consecutive hours within DRAFT • FEBRUARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 5 of 32 any twenty-four hour period; and b. Is not located on the premises of, nor physically attached to, any permanent proprietor. 2. A TEMPORARY SALES UNIT may consist of any tangible structure, including, but not limited to, a stall, booth, tent, platform, box, table, rack, palate, trailer, cart, vehicle, container, or other form of offering, displaying, or storing goods and/or services. 3. This definition shall include, but shall not be limited to: fiuit or produce stands, Christmas tree stands, and/or the sale of food or concessions from vehicles. 4. This definition shall not include the sale of fireworks. P. TEMPORARY USE: The carrying on, for a determinate and:transitory period of time, a use of, at, or upon real property, including, but not limited to, theVsal_trade, offer, delivery, or display of goods or services, where such use is not the approved conditional or principal permitted use designated for such real property as sucluses°are defiriedin.the Meridian Unified Development Code. TEMPORARY USES shall include, but shall riot: be limited to, SUBDIVISION MODEL HOMES, SUBDIVISION REAR; .ESTATE SALES OFFICES, PROMOTIONAL SALES UNITS, TEMPORARY SALES UNITS, SPECIAL.EVENTS, OUTDOOR MARKETS'ti1d GARAGE SALES. 34-2: MOBILE SALES UNITS: A. License and/or permit requirements. be.;unlawful for ayperson to operate, allow the operation of, or act as a MOBILE SALES UNIT witloutieach and aff of the following licenses, permits, and/or certifications: 1. Any and all licenses;' permits, and ar certifications required by local, state or federal law. 2. Any. and all licenses; permits; and/of'certifications required by the Central District Healfl.Department; 3. A City of Meridian M6,01e' Sales Unit License. a. Application for a City of Meridian Mobile Sales Unit License shall be made to the City Clerk, and shall include the following: (1)' A. completed application form provided by the City Clerk, which form shall include: (a) The name, address, driver's license number, and social security number of the applicant, and/or, if the applicant is an partnership, company, or corporation, the names, addresses, driver's license numbers, and social security numbers of the partners or officers. Addresses required by this section shall include both local and corporate addresses, as well as both physical and mailing addresses. DRAFT - FEBRUARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 6 of 32 • (b) The names, addresses, driver's license numbers, and social security numbers of all employees and/or persons who will be operating or acting as a MOBILE SALES UNIT within the City under the Mobile Sales Unit License. Addresses required by this section shall include both local and corporate addresses, and both physical and mailing addresses. (c) A description of the goods and/or services to be sold, traded, given away, offered, displayed, and/or delivered under the Mobile Sales Unit License. (d) A description of the form of conveyance or:fra'4ort to be used in the MOBILE SALES UNIT's operation, traveling,. and/or conduct of sales, trades, giveaways, offers, displays, an&6faibiiveries. (e) A description of any and all motor-vehicles`tolie..used by the MOBILE SALES UNIT, including license plate state and number, make, model, color, and other means of identification of such vehiale(s). (f) A description of the hourslocations,; and means at aridby which the MOBILE SALES UNIT wiIl'`operate, travel, and/or conduct` sales, trades, giveaways, offers, displays, and/or deliveries. (g) A comprehensive listing of any`irifraction, misdemeanor and/or felony convictions; probation violations; or'forfeitures of bail by or of the applicant, any partner,: officer, and/or4'#­Y-.employees and/or persons who will be operatifig'ox acting as a Mo'�-- ALES UNrr within the City. (h) An agent upon whom service ol'process may be made in the State of Idaho::: (2) Applicationfee as set forth in -fee schedule. The city council shall have the authority to:waive in whole o in part the application fee when such a fee would piesent ari uireasonable hardship. A request for a hardship waiver shall be' made in writiiiig shall state the reasons for such request, and shall be delivei 16the City Clerk via U.S. Mail or in person. Upon receipt of such request, the .City Clerk shall schedule a public hearing on the request at a City Council"meeting within thirty (30) days. The City Council's decision, on such request shall be a final decision, and may be appealed to District -Court according to the provisions of the Idaho Administrative Procedures Act. (3) Two (2) photographs of the applicant and/or any employees and/or persons who will be operating or acting as a MOBILE SALES UNrr within the City. Such photographs shall be two inches by two inches and shall show the head and shoulders of the applicant and/or employee or person in a clear and distinguishable manner. (4) Fingerprints, taken by the Idaho State Police, of the applicant and/or any employees and/or persons who will be operating or acting as a MOBILE SALES UNrr within the City. DRAFT • FEBRUARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 7 of 32 (0 0 DRAFT Q FEBRUARY 12, 2008 (5) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or persons who will be operating or acting as a MOBILE SA,Es UNn within the City from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the permit. Such insurance shall name the City as additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Such insurance shall afford minimum limits of $500;000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $100,000.00 per occurrence property damage. b. Upon receipt of all application materials required by ".",'section, the City Clerk shall refer the application to the Chief of Police, v+itoshall cause an investigation to determine the validity and completeness oftheinformatio therein. The Chief of Police or his designee shall endorse upon` the appiic� the findings of the investigation and`return .it4 the City Clerk.. c. Upon receipt of the findings of the Chief ofP.olice or his designee, the City Clerk shall either issue' at:City,. of Meridian 1Vldbile. Sales Unit License to the applicant or deny the applcatigri ;: Where the C"ferk denies an application for a City of Meridian MobileSales Ilnit;LiceMe he shall notify the applicant of such denial in writing, viWch.sk'all i&1 de;notice of the right to appeal such decision.'-- as: set::forth in this sec#ion. Writi notice of the denial shall be sent via.0 S. mail .tio the applicant `at _the address set forth on the application. d. The City Clerk.shall deny an application for a Mobile Sales Unit License where: (1) Tle application.is incomplete or required application materials or fees have not been: submitted; (2) Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; (3). The: applicant and/or any employee and/or person to operate or act under the City of Meridian Mobile Sales Unit License has been convicted of any misdemeanor related to motor vehicles; alcohol, drugs, or illicit substances; theft, fraud, deception, or illegal sales of any goods or services; (4) The applicant and/or any employees and/or persons who will be operating or acting as a Mobile Sales Unit within the City under the City of Meridian Mobile Sales Unit License has been convicted of any felony or of any violation of this section; or DRAFT ■ FEBRUARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 8 of 32 DRAFT - R°E,BRUARY 12, 2008 (5) The applicant and/or any employees and/or persons who will be operating or acting as a MOBILE SALES UNIT within the City under the City of Meridian Mobile Sales Unit License is required by any law or legal order to register as a sex offender. e. Appeal of the City Clerk's issuance or denial of an application for a Mobile Sales Unit License may be made by any person. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt"of such written appeal, the City Clerk shall schedule a public hearing onfhe appeal at a City Council meeting within thirty (30) days. Following.apublichearing on the appeal, City Council shall either affirm or reverse the City "Clerk's action and shall issue written findings supporting suck dbeis on. The C6"t. Council's decision on such appeal shall be a final decision, and may be appeiWLto District Court according to the provisions of the. Idaho Administrative Procedures Act. f. Upon approval of an application far'a�lblobile Sales Unit License, the applicant/licensee shall remit to the CityClerk a license fee. Upon receipt of the license fee, the CityClerk shall issue the°City of Meridian Mobile Sales Unit License. The license: fee, shall be established asset forth in the fee schedule. The city councif`s4:1ge the authority to waive in whole or in part the license fee when such a fe'e :would present:an unreasonable hardship. A request for a hardship waiver. shall lie ri ade' in writing, shall be mailed to the City Clerk via U.S. •Mail; and shall state'the reasons for such request. Upon receipt bf.such request, the City Clerk shall schedule a public hearing on the request at a City Council meeting within thirty (30) days. The City Council's. decision on such request'shall be a final decision, and may be appealed*to::.District Court according to the provisions of the Idaho Admini trative Procedures' &. g. The Cib of Merid ;ari lVMobile Sales Unit License shall include, on its face: (1) The naine(s) of the licensee and any employees and/or persons licensed to operate -or act as a M0131LE SALES UNIT within the City under such license; (2) A description of the goods and/or services that may be sold, traded, given away, offered, displayed, and/or delivered under such license; (3) The hours, locations, and means at and by which the MOBILE SALES UNIT is licensed to operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or deliveries under such license; and (4) The dates during which such license is valid. h. A City of Meridian Mobile Sales Unit License shall not be required for: DRAFT • FEBR UARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 9 of 32 • DRAFT - FEBRUARY 12, 2008 • (1) FasT AMENDMENT AcnvITY on public or private property. (2) A MOBILE SALES UNIT that is invited to the premises or place at which goods and/or services are sold, traded, given away, offered, displayed, or delivered, where such invitation is extended by the occupant or owner of such premises or place. Such invitation may be extended explicitly by such occupant or owner, or may be extended implicitly by such occupant or owner by such occupant or owner's transaction;of business with such Mobile Sales Unit within the previous three hundred sixty-five (365) days. Such invitation may be revoked by such occupant or owner by explicit communication only, and shall be effective immediately, whether conveyed orally or in writing. (3) Any sale, trade, gift, offer, or display required by cou t order or by law. (4) The occasional sale by local school students of admission to _;I&nction of their school or of goods or serviceain support -of a school program. i. The City Clerk may revoke a Mobile Sal it License where: (1) A term or condition o..t>1e`license is violated icy the licensee or by any employee or person operatirig'oricting under such license. (2) In the course of operating or.:acting.as; a M681LE SALES UNIT, the licensee or any. employee or person, operating ox `acting under such license violates a pi ovisioiibf. this Chapter or of any other local, state, or federal law. (3) Itis. found, after issuance of such license, that it was issued pursuant to falsified,'� �.naecurate, or incomplete information on the application. (4) The Iicenseeor: any: employee or person operating or acting under such license is convicted of any misdemeanor related to motor vehicles; alcohol, diu:` illicit substances; or theft, fraud, deception, or illegal sale any goods!or services. (5) The licensee orany employee or person operating or acting under such license is convicted of any felony. (6) The licensee or any employee or person operating or acting under such license is required by any law or legal order to register as a sex offender. The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Mobile Sales Unit License application. Such revocation shall be effective immediately upon mailing by the City Clerk. j. Appeal of the City Clerk's revocation of an application of a Mobile Sales Unit License may be made by the licensee. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such appeal, the City Clerk shall DRAFT • FEBRUARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 10 of 32 (0 0 DRAFT m FEBR VARY 12, 2008 schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. B. Time of Operation of Mobile Sales Units. 1. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT at a time of day that is outside the scope of a valid, current Mobile Sales Unit License. 2. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT upon a date that is outside the scope of a valid, current Mobile SalesiJiiitLicense. C. Place of Operation of Mobile Sales Units. 1. It shall be unlawful for any person to operate or act as a MOBILE SALES YTNtT orallow such operation or activity at a location thatis outside thescope of a valid,'current Mobile Sales Unit License. 2. It shall be unlawful for any person: to park any vehicle;;or-mode of conveyance utilized in the operation or activity of a MOBILE SALES UNIT in violafon of any generally applicable provision of Meridian City Code or local;: state, or federal 10-.- 3. It shall be unlawful for any person to operat6br act-as'a MOBILE SALES UNIT or allow such operation or aotivityp any area of the City or tri any manner prohibited by the Meridian UnifiedDevelopment Code. 4. It shall be unlawfi l'for any -`-'person to operate nr act as a MOBILE SALES UNIT or allow such operation or actiyityJh`or`tii ' z -Cit . Building, or City property other than a City Parks withouit:the.pnor'written or recorded consent of City Council. 5. It shall be unlawf _o ' r any person to operate or act as a MOBILE SALES UNIT or allow such operation or activity in any City Park without the prior written consent of Parks Director and/or any licenses and/or permits required by the Title 13, Meridian City Code. D. Manner of Operation of Mobile Sales Units. 1. It shall be unlawful for any person to operate, allow the operation of, or act as a MOBILE SALES UNIT if any required license, permit, and/or certification required for such operation or activity is expired or is not valid and current for any reason. 2. If the MOBILE SALES UNIT is or utilizes a motor vehicle or other mode of transportation, a valid and current Mobile Sales Unit License shall be exhibited in a conspicuous place on such vehicle or other mode of transportation at all times during such operation or activity. Otherwise, a valid and current Mobile Sales Unit License shall be kept on the licensee's and/or employee's person at all times during such operation or activity and shall be DRAFT ■ FEBRUARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 11 of 32 DRAFT - FEBRUAR Y 12, 200$ exhibited at any time upon request of any person. It shall be unlawful for any person to operate or act as a MOBILE Saes UNIT if a Mobile Sales Unit License is not exhibited as required by this section. 3. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT where such person is not specifically licensed under a valid, current Mobile Sales Unit License. 4. It shall be unlawful for any person operating or acting as a MOBILE SALES UNIT or allowing such operation or activity to sell, trade, give away; offer: for sale, trade, or giveaway; display goods or services for the purpose of We, trade, `or.giveaway; or deliver goods or services pursuant to such sale, trade, or giveawaygciods or services that are outside the scope of a valid, current Mobile Sales Unit License::.. 5. It shall be unlawful for any person operating or acting as MOBtLE ��;FS, UNIT to operate a musical instrument or amplification device from such MoBiLE SALt;s:UIVIT where such music or sound is audible beyond fifty feet (5.4') of the source of such music. or sound. 6. It shall be unlawful for any person operating or acting as'±a MOBILE SALES -0:41T to: a. Misrepresent his or her purpose.or affiliation; b. Continue communications with'a,potential .customer reg rdirig a sale, trade, giveaway, or offer thereof after such customer has stated -that he or she does not wish to participate in such transaction ovfurthor co Tlriitihicate with such MOBILE SALES UNIT. c. Represent the.issuance'of any license under. this Chapter as an endorsement or recommendaiiori. of such, licensed activity: E. Penalty: A violation of any povision of this` Chapter shall be a misdemeanor, punishable by such fine and or imprisonmenr as :established by Idaho Code. In addition to such penalty, any person violating, allowing, or causing any provision of this Chapter shall be subject to any and all other applicable adiministrative, criminal, and/or civil penalties. Each day upon which a violation of this chaptetcontinues or occurs may be deemed a separate and distinct violation. F. Enforcement. Peace,officers shall be empowered to enforce the provisions of this title. An officer may call upon the services of the planning, fire, parks or other appropriate city departments to assist in the enforcement of the provisions of this title or in an investigation of a suspected violation thereof. 3-4-3: TEMPORARY USES: A. License and/or permit requirements. It shall be unlawful for any person to establish, operate, allow the operation or establishment of, or act as a TEmPORARY USE without each and all of the following licenses, permits, and/or certifications: DRAFT - FEBRUARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 12 of 32 (0 0 DRAFT m FEBR 11AR Y 12, 208 1. Any and all licenses, permits, and/or certifications required by local, state, or federal law. 2. Any and all licenses, permits, and/or certifications required by the Central District Health Department. 3. Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. 4. A Citizen's Use Permit, where required. 5. A City of Meridian Temporary Use Permit. a. Application for a City of Meridian Temporary Use Permit shall'be:made to the Planning Department, and shall include a completed application form provided by the Planning Department, which form shall, include, but.not be limited 1oa: (1) The name, address, and tax identificationnumber `of the applicant, and/or, if the applicant is a partnership, company, or corporation, the name, address, and corporate or tax identification number of such°'entity. Addresses required by this section shall include both local,and corporate addresses, as well as both physical and mailing addresses. (2) The names and addresses of all" empldyees' ancUor: persons who will be establishing, operating, or acting:as: a TEMPORAY UsE within the City under the Temporary Use Permit. Addresses: required by this section shall include both local and corporate addresses, and both physical and mailing addresses. (3) A description. .of the- us aincludng;any goods and/or services to be sold, traded, given away, offered, displayed; `and/or delivered, or any activities or events scheduled`to occurunder the Temporary Use Permit. (4} A descriptiorof any structures that will be used in the course of activities, sales, trades, giveaways, offers, and/or displays under the Temporary Use Permit. (5) A description. oif any and all motor vehicles to be used by or in the course of the TEMPORARY USE, including license plate state and number, make, model, color, and other means of identification of such vehicle(s). (6) Site plan(s) and/or map(s), including, but not limited to, placement of structures, displays, goods, vendors, scheduled events, and/or signs. Any and all signs represented on the site plan shall conform to the provisions of this Title. Where material changes are made to such site plan prior to or upon set --up of the event, an updated site plan shall be submitted to the City. DRAFT ■ FEBR UARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 13 of 32 0 DRAFT -- FEBRUARY 12, 2008 (7) A description of any and all signs that will be erected or placed for the purpose of advertising, promoting, or directing patrons to such temporary use; the location thereof; and written permission of owners of property upon which such signs will be erected or placed. Any and all signs shall conform to the provisions of this Title. (8) A description and/or schedule(s) of the hours, locations, and means at and by which activities, sales, trades, giveaways, offers, and/or displays will occur under the Temporary Use Permit. (9) Written permission of owners of all property or prop- rides upon, through, or across which such Temporary Use shall operate.:aniilor'occur. (10) An agent upon whom service of processmay be. made in State of Idaho. (11) Application fee as set forth in fee schedule. The city council shall;have the authority to waive in whole or in partake application fee when such: a fee would present an unreasonable hardship. A request for' 'hardship waiver shall be made in writing, shall state the reasons for :such request, and shall be delivered to the City Clerk via U.S. Mail or in person:".-..' .:�o:n receipt of such request, the City Clerk shall schedule a public hearing on the equest at a City Council meeting within thirty (30) days*:: The City Council*' decision on such request shall be a final decision, and. may16e:'appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. b. Upon receipt of all application materials required by this section, the Planning Director or designee shall determine, and shall endorse upon the application findings and determinations regarding: (l) Thevalidity and: completeness°of the information therein; (2) Whether the. proposed TEMpoRARY UsE may be conducted in accordance with all applicable provisions oflaw, including, but not limited to, this chapter; and (3) Whether a violation of the Meridian Unified Development Code or of this chapter is occurring upon the property upon which such proposed nwoRARY UsE will occur..: .. c. Upon issuance of the findings, the Planning Director or designee shall either issue a City of Meridian Temporary Use Permit to the applicant or deny the application. Where an application for a City of Meridian Temporary Use Permit is denied, the Planning Director or designee shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this section. Written notice of the denial shall be sent via U.S. mail or personally delivered to the applicant at the address set forth on the application. DRAFT • FEBRUARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 14 of 32 DRAFT - FEBRUARY 12, 2008 d. The Planning Director shall deny an application for a Temporary Use Permit where: (1) The application is incomplete or required application materials or fees have not been submitted; (2) Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; (3) The proposed TEMPORARY USE will not be conducted in;accordance with all applicable provisions of law, including, but not limitedto this chapter; or (4) A violation of the Meridian Unified Development�C6k...or of this chapter is occurring upon the property upon which such proposed TEwORARY USE is proposed to occur. e. The Planning Director or designee shall. issue or deny Temporary Use: Permit within fifteen (15) working days of receipt of a complete application for such'license. f Appeal of the Planning Director's issuance or *& of an application for a Temporary Use Permit may be.:made by any persori�:Such appeal shall be made by City Council pursuant to the City Council Review process set forth in the Meridian Unified Development Code. Tie 'City';Council's decision orisuch appeal shall be a final decision, and may be appealed to District:Court according to the provisions of the Idaho Administrative Procedures Act: g. The City of-Meridiain'Teimporary Use'Permit shall include, on its face: (1) The name(s) of the permitee and any>eriployees and/or persons licensed to operate or act as a 'It&06kARY, USE within the City under such permit; (2) A description of the. goods and/or services that may be sold, traded, given away, offered, displayed, and/or. delivered under such permit; (3). A description `of the activities that may occur under such permit; (4) A description of the structure(s) that may be erected under such permit; (5) A description of the caretaker unit that may be utilized for the purposes of security and maintenance of the site; (6) A description of all promotional and directional signs that may/may not be placed or erected and the location(s) thereof; (7) The hours, locations, and means at and by which the TEMPORARY USE is permitted to occur, including hours, locations, and means of set-up, tear -down, DRAFT ■ FEBRUARY 12, 2408 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 15 of 32 0 0 DRAFT -- F'ERR UAR .y 12, 2008 sales, trades, giveaways, offers, displays, and/or deliveries, under the permit or pursuant to the Temporary Use allowed by such permit; (8) The dates during which such permit is valid; and (9) Other conditions which, in the discretion of the Planning Director, are necessary protect the public health, safety, and welfare and mitigate adverse effects on surrounding property, including the effects of traffic, noise, vibration, odor, light, glare, distraction to motorists, and/or dust. h. A City of Meridian Temporary Use Permit shall not be required for the following activities, provided that this chapter shall not exempt .`9uclz activities from any other requirements of law: (1) FIRST AMENDMENT ACTNITY on public:or private property. (2) Any sale, trade, gift, offer, or display`required by court order or by law. (3) GARAGE SALES. (4) Fireworks sales. i. In addition to any other applicable: civil`oi criminal penalties, the Planning Director may revoke a City of Meridian TemporaryLTae.- eWmit where: (1) A term or conditioi.of the permit is violated by the permitee or by any employee or person.operating. or acting under such permit. (2) In the course of operating' or. acting'as a TEMPORARY USE, the permitee or any employee or peirson_opaa ng' bviacting under such permit violates a provision of this Chapter: or of ay; other local, state, or federal law. (3} It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. The Planning Director shall notify the licensee of such revocation in writing, and shall mail such. notice to the applicant at the mailing address set forth in the Temporary Use Permit application. Such revocation shall be effective immediately upon mailing by the Planning Director. j. Appeal of the Planning Director's revocation of an application of a Temporary Use Permit may be made by the permitee. Such appeal shall be made by City Council pursuant to the City Council Review process set forth in the Meridian Unified Development Code. The City Council's decision on such appeal shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. DRAFT - FEBR UARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 16 of 32 • Dk4FT m FEBRUARY I2, 2008 B. Standards for All TEMPORARY USES. The following regulations on the time, place, and manner of TEMPORARY UsEs shall apply generally to any and all TEMPORARY UsEs. 1. Time of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY UsE requiring a City of Meridian Temporary Use Permit at any time or upon any date other than that designated in a valid City of Meridian Temporary Use Permit. 2. Place of use. It shall be unlawful to operate or to allow or cause tfie. operation or occurrence of a TEMPORARY USE requiring a City of Meridian Temporary Use Permit at any place other than that designated in a valid City of Meridiani ;Temporary Use Permit. 3. Manner of use. It shall be unlawful to operate or:fo::allaw or causethe operation or occurrence of a TEMPORARY USE requiring a City of Meridian Temporary Use Permit in any manner other than that designated in a valid City of Meridian Temporary Use Permit. 4. Surface. It shall be unlawful to operate or allow the. opeation or occurrence of any TEMPORARY USE, whether or not a City of Meridia6:Temporary Use Permit is required for such TEMPORARY UsE, on vacant property or upori;any surface other than concrete or asphaltic concrete. S. Vision triangle. It shall be unlawful`for ariy`person:operating or causing or allowing the operation of any TEMPORARY USE to cause or -iii *strti¢tares, signs, merchandise, or any other material utilized -M'. the operation or. occurrence _of such TEMPORARY USE, whether or not a City of Meridian Temporary Use` Permit is required for such TEMPORARY UsE, to interfere with the clear vision triangle. 6. Right-of_,way. Itsizalf :be uinlawful''::for.-,any person operating or causing or allowing the operatidn'of'any TEMPORARY UsE t0'}perate or cause or allow the operation or odcurrence of ally fEMPOR'ARY UsE within the public right of way, unless otherwise authorized by a validly issued City 'of Meridian Citizens Use Permit. 7. Required buffer landscape areas. Unless otherwise approved, it shall be unlawful for any person. to operate or cause or allow the operation or occurrence of any TEMPORARY UsE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, within required street buffer for arterial and collector roadways and/or land use bufferlandscape areas. 8. Structures. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY UsE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY UsE, to: a. Construct or cause the construction of any permanent structure. DRAFT ■ FEBR VARY 12, 2008 OUTDOOR SALES .AND TEMPORARY EVENTS ORDINANCE — Page 17 of 32 io DRAFT- FEBRUARY 12, 2008 b. Place, construct, or cause or allow the placement or construction of any structure that would not otherwise be permitted by a generally applicable provision of law or city code. c. Fail to remove a structure utilized in the operation of such TEMPORARY USE at the end of the time period allowed by a City of Meridian Temporary Use Permit or by other law. d. Place, construct, or cause or allow the placement of structures. utilized in the operation or occurrence of any TEMPORARY USE within th6xequired setback, required land use buffer, and/or the required street buffer for arterial and collector roadways. 9. Caretaker unit. It shall be unlawful for any person operating nraausing or allowing the operation of any TEMPORARY UsE, whether or not;a;CitYof Meridiat ;:Temporary Use Permit is required for such TEMPORARY USE, to:'' a. Establish and/or utilize more than one caretaker unit:::; b. Establish and/or utilize a caretaker unit for purposes other than site security or maintenance. c. Fail to remove any caretaker unit at the: end, of the time`period allowed by a City of Meridian Temporary Use Permit or by law:'::.;;, 10. Parking and access: Iti sliall be unlawfizl:. any person operating or causing or allowing the operation of any TEM06RARY USE to fail to provide adequate off street parking to serve such TEMPORARY USE: In the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary! Use Permit is required for such TEMPORARY USE: a. The T'EMpoRARY UkE Aall not displace the required off street parking spaces or loading areaso f the principal permitted uses on the site. ti. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances. c. All surfaces used for parking shall be constructed with asphalt or concrete paving or vegetative cover. Recycled asphalt may be used only where such material is approved for the site'§:principal permitted use by a certificate of zoning compliance validly issued by the City of Meridian. 11. Noise. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE to fail to shield compressors, fans, pumps, or other motorized equipment in a manner that minimizes noise levels to adjoining properties. It .shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY UsE, whether or not a City of Meridian Temporary Use Permit is required DRAFT • FEBR VARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 18 of 32 to 0 DRAFT m FEBRUARY 12, 2008 for such TEMPORARY USE, to locate or operate a compressor, fan, pump, or other motorized equipment within one hundred feet (100') of a residential district. 12. Site conditions. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE to operate or conduct such TEMPORARY USE in a manner that fails to provide for waste collection and disposal, including, but not limited to, debris, garbage, food or organic products, hazardous or toxic materials or byproducts, and signs. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to fail to remove_ ;waste: from any TEMPORARY USE site. 13. Unobstructed sidewalk. Where a sidewalk or pedestfi"'; s obstructed in the course of the conduct of a TEMPORARY USE, a minimum .;widtli of four of such sidewalk or pedestrianway shall remain unobstructed. Where the conduct of s TEMPORARY USE obstructs a sidewalk or pedestrianway, it shall` be unlawful for any persori:operating or causing or allowing the operation of such:ToRARY USE to fail to ensure ::that a minimum width of four feet (4') of such sidewalle: or. pedestrianway remains unobstructed. 14. Signs. The provisions of this Title regarding temporary`si'gns shall apply to any and all TEMPORARY USES. In addition to all; other ;applicable provisions of this Title, it shall be unlawful to install, erect, post, or display or to: alloy�c or caus&the installation, erection, posting, or display of any TEMPORARY:SIGN ptolnot %:advertising, or directing patrons to a TEMPORARY USE upon. any property. i'.. ut the permission of the owner of such property. C. Standards for Speeif TEMPORARY USES. In addition to the Standards for All TEMPORARY USES as set forth above, the: following standards for time, place, and manner of operation or occurrence of specific TEMPORARY USEs shall also apply. 1. Standards for SUBDIVISION MODEL HOMES. a. Where a structum is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFCE, such structure shall be subject to the standards for a SUBDIVISION MODEL HOME. b. The operation of a SUBDIVISION MODEL HOME without the following valid and current licenses, permits, and/or certifications shall be unlawful: (1 ) A City of Meridian Temporary Use Permit. (2) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. DRAFT • FEBRUARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 19 of 32 0 9 DRAFT m FEBRUARY 12, 2008 c. A SUBDIVISION MODEL HOME shall be located at or upon a lot or lots within the subdivision containing the lots and/or dwellings of which such SUBDIVISION MODEL HOME serves as an exhibit or example. It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME at or upon a lot or lots which islare not within the subdivision containing the lots and/or dwellings of which such SUBDIVISION MODEL HOME serves as an exhibit or example. d. A SUBDIVISION MODEL HOME shall be located only within a structure that is suitable for sale and/or use as a residential dwelling unit. It shall be structure unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME within a"that is not suitable for sale and/or use as a residential dwelling uniiWhile such residential dwelling unit is temporarily used as the SUBDIVISION�IVIQDBL.HoME, such unit shall meet any and all applicable standards for commercial occupancy and shall obtain any and all permits required by Title 10 of this Code.. It shall be u� to operate or cause the operation of a SUBDIVISION MODEL HOME where such SUBDIVISION MODEL HOME does not meet all applicable standards for commercial occuparicy.or without any and all permits required by Title 10 ofthis Code::.:. e. The principal use of the SUBDIVISION MODEL Hoivli shall as an exhibitor example of lots and/or dwellings within the subdivision or planned unit development in which the SUBDIVISION MODEL HOME is located. It shall be ui la" l for any person to use or allow the use of a SUBDIVISION M6btt'MoME as a financials institution of any sort, including as an appraisal, loan, on:closing office.. f. A SUBDIVISIONMoDEL HOME may remain only until there are no newly constructed lots or dwellings for stile or rent within'... the subdivision in which the SumivisioN ivlli MODEL HOis Iocatec> It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME where no lots`:or newly -constructed dwellings are for sale or rent. g. The provisions of this Title regarding TEMPORARY SIGNS shall apply to any and all SUBDIVISION 1V ODEL HOM8s-.-. h addition to all other applicable provisions of this 'title, it shall be unlawful to install, erect, post, or display, or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN promoting, advertising, or directing patrons to a SUBDIVISION MODEL HOME upon any property without. the permission of the owner of such property. 2. Standards for SUBDIVISION REAL ESTATE SALES OFFICES. a. Where a structure is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, such structure shall be subject to the standards for a SUBDIVISION MODEL HOME. b. The operation of a SUBDIVISION REAL ESTATE SALES OFFICE without the following valid and current licenses, permits, and/or certifications shall be unlawful: DRAFT ■ FEBRUARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 20 of 32 DRAFT,- FEBRUARY 12, 2008 (1) A City of Meridian Temporary Use Permit. (2) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. c. A SUBDIVISION REAL ESTATE SALES OFFICE shall be located at or upon a lot or lots within the subdivision containing the lots and/or dwellings being sold from such SUBDIVISION REAL ESTATE SALES OFFICE. It shall be unlawful to operate or cause the operation of a SUBDIVISION REAL ESTATE SALES OFFICE at upon a lot or lots which is/are not within the subdivision containing the lofts and/or dwellings being sold from such SUBDIVISION REAL ESTATE SALES OFFICE. d. The principal use of the SUBDIVISION REAL ESTATESALES'OFFICE shall be the sale of lots and/or dwellings within the subdivision or plan ed unit development in which the SUBDIVISION REAL ESTATE SALES OFFICE is'located. It shall be iilawful for any person to use or allow the use of a SUBDIVISION REAL ESTATE SALEWFFICE as a financial institution of any sort, including--` _an appraisal, loan, or closi tg'i ffice. e. A SUBDIVISION REAL ESTATE SALES OFFICE may .remain only until there are no newly constructed lots or dwellings for sale or rent w";fhe subdivision in which the SUBDIVISION REAL ESTATE SALBS':OFFICE is located' It -shall _be unlawful to operate or cause the operation of a SUBDIVI3IONRREAL ESTATE'SQLES OFFICE where no lots or newly constructed dwellings are for sale or• rent_unless such SUBDIVISION REAL ESTATE SALES OFFICE is converted to a,dWelling is accordance with all applicable provisions of law .including Title 10 ofthe Meridian City Code. f. A SUBDIVISIoN.REAL ESTATE SALES OFFICE,shall meet any and all applicable standards for coinmercial. occupancy an -shall obtain any and all permits required by Title 10 of this Code,:: It:shall lie;unlawf;d to operate or cause the operation of a SUBDIVISION..REAL ESTATE SALES OFFICE where such SUBDIVISION REAL ESTATE SALES OFFICE does not -meet all applicable standards for commercial occupancy or without any aridall permifsiequired by Title 10 of this Code. g. Where a SUBDIVISION REAL ESTATE SALES OFFICE is located within a temporary and/or: portable structure, rather than in a SUBDIVISION MODEL HOME or other residential: unit infended to be sold as a residential dwelling unit upon the sale or rental of the lots or dwelling units in the subdivision in which the SUBDIVISION REAL ESTATE SALES OFFICE is located, such temporary and/or portable structure shall not exceed seven hundred (700) square feet. h. The provisions of this Title regarding TEmpoRARY SIGNS shall apply to any and all REAL ESTATE SALES OFFICES. In addition to all other applicable provisions of this Title, it shall be unlawful to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN promoting, advertising, or directing patrons to a REAL ESTATE SALES OFFICE upon any property without the permission of the owner of such property. DRAFT • FEBRUARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 21 of 32 0 • DRAFT @ FEBRU.ARY 12, 2008 3. Standards for PROMOTIONAL SALES UNITS. a. The operation of a PROMOTIONAL. SALES UNIT without the following valid and current licenses, permits, and/or certifications shall be a violation of this Chapter: (1) A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, and/or certif cations from the Central District Health Department. (4) Any and all licenses, permits, and/or certifl, ons required` 1 y,: Title 10 of the Meridian City Code. b. It shall be unlawful to operate or cause�the:operatio*pf a PROMOTIONAL;S'ALES UNIT in a residential district. c. Only a PROMOTIONAL SALES UNIT directly assockitdd.:with the principally permitted use on the site on which it is located. shall be allowedfor example, a sidewalk sale or tent sales associated with an existing'retail establishmeritshall be allowed. It shall be unlawful to operate a PROMOTIONAL SALISUNlr. at anyplace or in any manner that is _., ;. . not directly associated with the principally p0hii�use on the site on which such PROMOTIONAL SAI ESVNIT is IoCate& d. Sales by a PROMOTIONAL SALES UNIT shall be limited to a period of time not to exceed one hundred and. °sixty (160) days per calendar year. e. A Pkdit o`t'Iot>IAL S #S.UNIT and'dk property on or at which it is located shall comply wiit1ijhe.standards for vehicular and pedestrian access as determined by the Ada County Highway District or other transportation authority. f. The provisions of this Title regarding TEMPORARY SIGNS shall apply to any and all PROMOTIONAL SALES UNITS. In addition to all other applicable provisions of this Title, it shall be unlawful to install, erect, post, or display or to allow or cause the installation;. erection, posting, or display of any TEMPORARY SIGN promoting, advertising,. or directing patrons to a PROMOTIONAL SALES UNIT upon any property without the permission of the owner of such property. 4. Standards for TEMPORARY SALES UNITS. a. The operation of a TEMPORARY SALES UNIT shall be unlawful without the. following valid and current licenses, permits, and/or certifications: (1) A City of Meridian Temporary Use Permit. DRAFT • FEBR UARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 22 of 32 0 0 DRAFT - FER'RUAR Y 12, 2008 (2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, and/or certifications from the Central District Health Department, (4) Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. (5) Any and all licenses, permits, and/or certifications req iiby Title 10 of the Meridian City Code. (6) Written, notarized consent of the owner of the`groperty`orivhich the TEMPORARY SALES UNIT is to be located. b. It shall be unlawful to operate or cause th6 operation of a TEmPoRAii: SALEs UNrr in a residential district. c. For TEMPORARY SALES UNiTs that stay on the site for the full duration of the use, such uses shall be limited to a period of time not to?*exceed sixty (60) days, whether such days are consecutive or riot: per: property per cakfidar year. The location of a TEMPORARY SALES UNIT on a site & any: portion of a *'shall constitute one (1) day for purposes of this section. d. TEMPORARY SALES:UNITS may utilize iib more thaii one (1) structure. Such structure shall be no..rriore than*.seven hundred (700) square feet. It shall be unlawful to utilize more than isrie.(1) structure in the operation_of a TEMPORARY SALES UNIT. It shall be unlawful for any structure: utilized in tho.'operation of a TEMPORARY SALES UNrr to be more, than seven hundred (4 . square feet. It shall be unlawful to utilize any structure "in* the operation of a T�t�roRARY SALES UNrr without any and all licenses, permits, and%or_certifioations required by Title 10 of the Meridian City Code. e: A TEMPORARY SXi ES Umf and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County: Highway District or other transportation authority. f. - The provisions of this Title regarding TEMPORARY SIGNS shall apply to any and all TEMPORARY SALES UNITs. In addition to all other applicable provisions of this Title, it shall be unlawful to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN promoting, advertising, or directing patrons to a TEMPORARY SALES UNIT upon any property without the permission of the owner of such property. 5. Standards For SPECIAL EVENTS: DRAFT • FEBR VARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 23 of 32 is 0 DRAFT - F.8BR UARY 12, 2008 a. It shall be unlawful for an ORGANIZER of a SPECIAL EVENT, or any person, to conduct, allow, organize, advertise, promote, or cause to be advertised or promoted a SPECIAL EVENT without the following: (1) A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, the Central District Health Department. (4) Any and all applicable licenses, permits, the Idaho Tax Commission. (5) Any and all licenses, permits, 10 of the Meridian City Code. inspectiorts; ancUor certificatiohi.#quired by Title (6) Written, notarized consent of the owner(s):'of any li d:all property or^properties on which the SPECIAL EVENT is to occur. (7) Proof of an insurance policy ssupd by an insurifiice�,company licensed to do business in Idaho, protecting. eapplicant and/or ail :'employees and/or agents thereof from all claims for damages to property and,bbdily injury, including death, which may arise from operations under or h connection with the SPECIAL EVENT. Such insurance shall naride the City as a ditional insured, and shall provide. that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Such insurance shall afford minimum limits. of $500,000.06:''er person bodily injury, $500,000.00 per occurrence 1?od4yiijbJ y :and $500>o00.00 per occurrence property damage. b. No provision of this section shall preclude the application of any and all other licensing andlor..other applicable provisions of local, state, or federal law to any SPECIAL EVENTS ORGANIZERt, nor exempt any vendor or participant in a SPECIAL EVENT from compliance with any and all other licensing or other applicable provisions of local;: state, or federal law, except that where a SPECIAL EVENT includes MOBILE SALES UNITS, such MOBILE SALES UNITS shall be exempt from the requirement.to. obtain City of Meridian Mobile Sales Unit License, provided that this exemption shall apply only to such MOBILE SALES UMTS represented on the site plan(s) or maps) submitted by the ORGANIZER in application for a validly issued City of Meridian Temporary Use Permit; and further provided that such exemption shall apply only for the time, at the place, and in the manner specified for such SPECIAL EVENT in a validly issued City of Meridian Temporary Use Permit. C. SPECIAL EVENTS shall be allowed for a period not to exceed fourteen (14) days within any ninety (90) day period. DRAFT • FEBRUARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 24 of 32 0 DP,4FT- FE.ORI;+4RY 12, 2008 d. It shall be unlawful for any person to conduct, allow, or organize a SPECIAL EVENT in a residential district, except that: (1) Neighborhood events or block parties shall be permitted in residential districts without a Temporary Use Permit, although a City of Meridian Citizen's Use Permit may be required. (2) SPECIAL EVENTS involving a route, such as races, parades, or marches may be permitted in residential districts, so long as such SPECIALEvENTs both start and end in nonresidential districts. e. The provisions of this Title regarding TEmPORARY SIGNS shall apply to any and all SPECIAL EVENTS. In addition to all other applicable provis ons:of this Title, it shall be unlawful to install, erect, post, or display or to: illovv` or cause the installation, erection, posting, or display of any TEMPORARY SIGN pro moting;°advertising, or directing patrons to a SPECIAL EVENT upon any property without the permission of the owner of such property. 6. Standards for OUTDOOR MARKETS: a. It shall be unlawful for an ORGANIZER of an OUTDooR.'h!IARKET, or any person, to conduct, allow, organize, advertise; promote, or cause t6i be advertised or promoted an OUTDOOR MARKET without the following; alid and current licenses, permits, and/or certifications: (1) A City of Meridian:Temporary Use Permit. (2) A Citizen's:Use Permit.from the CityClerk's Office, where applicable. (3)' Aiiy aid all applicable licenses;"permits, and/or certifications from the Central Distrzcf=Health Department. (4) Any and all iWicable,licenses, permits, inspections, and/or certifications from the Idaho Tax' Commission. (5) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. (6) Written, notarized consent of the owner of the property on which the OUTDOOR MARKET is to be located. (7) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the OUTDOOR MARKET. Such insurance shall name the City as additional insured, and shall DRAFT • FEBR UARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 25 of 32 0 • DRAFT m FEBRUARY 12, 2008 provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $500,000.00 per occurrence property damage. b. It shall be unlawful for any person to conduct, allow, or organize an OUTDOOR MARKET in a residential district. C. OUTDOOR MARKETS shall be allowed in any nonresidential district on one (1) day per week for no longer than three hundred sixty-five (365) days ` d. The provisions of this Title regarding TEMPORARY SIGNiishall apply to any and all OUTDOOR MARKETS. In addition to all other applicable provisions of this Title, it shall be unlawful to install, erect, post, or display,. or to allow dr cause the installation, erection, posting, or display of any TEmPORAR SfdN promoting advertising, or directing patrons to a OUTDOOR MARKETupon any property without:tlle.permission of the owner of such property. 7. Standards for GARAGE, YARD AND SIMILAR SA4 a. It shall be unlawful for any person°V.ponduct a garage sale at any one (1) address: (1) At which four (4) or more garage sales:lave.been conducted by any person within the preceding three hundred sikty-five (365) days. (2) At which a garage;sale has been conducted by any person within the previous thirty (30} days. (3) For longer than three (3):'.consecutive days. (4) Between the hours�of 10:00 p.m. and 6:00 a.m. b. Persons conducting garage .sales shall comply with all provisions of this chapter and any and all applicable provisions of law. c. A]I GARAGE SALES shall be directly associated with a residence on the site of such garage sale :Jt- shall be unlawful for any person to hold a GARAGE SALE on or at any vacant or unoccupied property and/or building, except where facts exist to support the affirmative defense that such person: (1) Is the owner of record of such property and/or building; or (2) Prior to such GARAGE SALE, has obtained written permission of the owner of such property and/or building for the garage sale, which pernussion shall include the scope of such permission, including specific reference to the date(s), address, and location of the garage sale; and the owner's notarized and dated signature. DRAFT • FEBRUARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 26 of 32 • 0 DRAFT m FEBRUARY 12, 2008 Any person claiming exemption under subsections (a) or (b) of this section shall bear the burden of proving that such exception applies. d. GARAGE SALES held by or for the benefit of charitable or non-profit organizations shall not be exempt from the provisions of this chapter. e. It shall be unlawful for any person to conduct a garage sale in any manner which creates a hazard to public health or safety. f. The provisions of this Title regarding TEMPORARY SIGNS. bs ll`apply to any and all GARAGE SALES. In addition to all other applicable provisions of this Title, it shall be unlawful to install, erect, post, or display or to allowor cause the installation, erection, posting, or display of any TEMPORARY SIGN prom8'hg, advertising, or directing patrons to a GARAGE SALE upon any property without the. permission of the owner of such property. D. Penalty. A violation of this Chapter shall be an infraction punishable by a pei a:Ity of one hundred dollars ($144). In addition to such penalty; any persoi violating, alloviiing, or causing any provision of this Chapter shall be subject tq :aiy and all other applicable administrative, criminal, and/or civil. penalties. Each day upon which a violation of this chapter occurs and/or continues may b6i deemed a separate and distinct violation. E. Enforcement. Peace officers and/or code enforcement.officerstshall be empowered to 4.' enforce the provisions of this chapter. Ari officer mai` Galli ypon the services of the planning, fire, parks or other appropriate. city deparimerifs to assistiia* a enforcement of the provisions this chapter. An officer may46estigate anyIuse or activity which he or she reasonably believes violates tie provisions`of this chapterIf an officer reasonably believes that a provision of this chapter has been..v..iolated, the officer may issue a citation to the person responsible for the violation. or 'upoiz the owner or lawful possessor of the real property at or upon which the violation occurred. Sudh:citation shall be served in accordance with the provisions of the Idaho Infraction -Rules, which are incorporated herein by this reference. 3-4-4: CITIZEN'S USE PERMIT A. In addition to other applicable provisions of this Title or of other laws, City of Meridian Citizen's Use Permit shall: be required prior to the operation or execution of a planned or foreseeable commercial recreational, or expressive activity, event, or gathering of persons which: 1. Changes, attempts to change, or has a tendency to change the normal flow or regulation of pedestrian or vehicular traffic upon or in the streets, or sidewalks; or 2. Takes place, whether entirely or partially on a street or sidewalk located within the City and will likely result in some or total obstruction of such streets or sidewalks; or DRAFT • FEBRUARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 27 of 32 • DRAFT - FEBR UAR Y 12, 2008 3. Requires for its successful execution the provision and coordination of City services to a degree over and above that which the City normally provides. 4. A City of Meridian Citizen's Use Permit shall not be required for funeral processions. B. It shall be unlawful to operate or execute, or cause the operation or execution, of an activity, event, or gathering of persons requiring a City of Meridian Citizen's Use Permit: 1. Without a valid City of Meridian Citizen's Use Permit. 2. At any time or upon any date other than that designated in,.a valid City of Meridian Citizen's Use Permit. 3. At anyplace other than that designated in a valid,City of Meridiari:Citizen's Use Permit. C. Application for a City of Meridian Citizen's User., shall be made to tlo`City Clerk, and shall include the following: 1. A completed application form provided by the City.;Clerk, which form shall include: a. The name, address, and telephoiie;number of the applicant and/or the organization on whose behalf the applicant is applying:`°::;., b. The date(s) and time(s) at which the, activity or event will occur. c. The locations) at which: the activity or: event will occur, and/or the route(s) that the activity or event will follow, including street names, numerical blocks, and a map thereof. d. The number of persons,. vehicles, floats, animals, and/or other form(s) of presentation, display, conveyance, and/or transport to be included in the activity or event. e: ,A description of security and safety plans and measures to be implemented at or in the.: course of such'activity and/or event, including, security personnel, barricades, traffic; -and/or crowd!control measures, cones, and/or directional signage. 2. License fee perfee:schedule, which fee shall be summarily waived by City Council upon a showing by applicant that applicant is or represents: a. A non-profit organization exempt from federal income tax under 26 U.S.C. §§ 501(c)(3), 501(c)(6) or b. A governmental entity. Further, the city council may waive in whole or in part the license fee when such a fee would present an unreasonable hardship. A request for a hardship waiver shall be made DRAFT - FEBAUARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 28 of 32 • DRAFT ® FB'BR U,4RY 12, 2008 in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such request. Upon receipt of such request, the City Clerk shall schedule a public hearing on the request at a City Council meeting within thirty (30) days. The City Council's decision on such request shall be a final decision, and maybe appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. 3. Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the permit. Such insurariee shall name the City and the Ada County Highway District as additional insured: and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Such insurance shall'afford ininimum limits of $500,000.00 per person bodily injury, $500,000.00; per oecurrence,bodily injury, and $100,000.00 per occurrence property damage. 4. Applicant's agreement to indemnify, saveartl'hold harmless, and defend the°:.City, the Ada County Highway District, and the State of Idaho T a sportation Department from the expenses of and against any and all suits, actionsclaims, and/or losses of every kind, nature, and description, including.:costs, expenses, ardattorney fees that may be incurred by reason of any act, omission, neglect;,or misconduct oapplicant or its participants in the use of the location(s) and/or route(s)`a or ;upon which Vie: activity or event will occur. 5. Applicant's certification that damage to.the propertieslocations, and/or routes at or upon which the activity or event will occur is not foreseeable; and that, if damaged, applicant shall incur the costs of restoring the original condition of such properties, locations, and/or routes.. .....::..:.:. 6. Written approval of the the Ada: County Highway District of such activity or event. D. Upon receipt of alT` Micati&imaterials required by this chapter, the City Clerk shall: 1. Refer such application -.to the Police Chief, the Fire Chief, and the Mayor for their review and recommendation regarding approval or denial of the application. The Police Chief, the Fire Chief, and the Mayor shall recommend approval of such application absent a finding that the proposed activity or event would be harmful to the public health, safety, or welfare. 2. Submit courtesy copies of the application to the Ada County Sheriffs Office and the Idaho Department of Transportation. E. Upon receipt of the recommendations of the Police Chief, the Fire Chief, and the Mayor, the City Clerk shall either issue a City of Meridian Citizen's Use Permit to the applicant or deny the application. DRAFT • FEBR UARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 29 of 32 DRAFT - FEBRUARY 12, 2008 F. Where the City Clerk denies an application for a City of Meridian Citizen's Use Permit, he shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this chapter. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. The City Clerk shall deny an application for a City of Meridian Citizen's Use Permit where: 1. The application is incomplete or required application materials or fees have not been submitted; 2. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; 3. The Police Chief, Fire Chief, or Mayor recommends denial. G. All application materials for a City of Meridian Citizen's Use Permit mush be received by the City Clerk at least fourteen (14) calendar days prior to the proposed activity nr; event. The City Clerk shall issue or deny a City of Meridian: Citizen's Use Permit within fourteen (14) days of receipt of a complete application for such license..:;: H. Appeal of the City Clerk's issuance or denial of an appl16Wpn of a City of Meridian Citizen's Use Permit maybe made byatty person. Such appeal.shall. be made in writing, shall be mailed to the City Clerk via U.'. S. Mail; and shall state tl a reasons for such appeal. Upon receipt of such written appeal, the City Clerk:shall schedule a public hearing on the appeal at the next regularly scheduled City.Cauncil meetiri :=Following a public hearing on the appeal, City Council shall..either affirm or reverse the City Clerk's action and shall issue written findings supporting`such decision. Tile City Council's decision on such appeal shall be a final decision; slid may beappealed to District. Court according to the provisions of the Idaho Administrative Procedures: Act. I. The CAyof 1lil6A an Citizeri's Use Peririit'shall include, on its face: 1. The name(s) of the :permitee M1`'': 2. The date(s) and time(s) during which such permit is valid; 3. The location(s) and/or route(s) that the permitee shall be authorized to use under the permit; and 4. Any and all conditions to which the permitee and/or participants shall be required to adhere in the course of planning and/or executing such activity or event. J. The City Clerk may revoke a City of Meridian Citizen's Use Permit where: 1. A term or condition of the license is violated by the permittee or by any employee or person operating or acting under such permit. DRAFT • FEBR UARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 30 of 32 0 • DRAFT - FEBRUARY 12, 2008 2. In the course of the activity or event for which the permit was issued, the permitee or any employee or person operating or acting under such permit violates a provision of this Chapter or of any other local, state, or federal law. 3. It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the application. Such revocation shall be effective immediately upon mailing by the City Clerk. K. Appeal of the City Clerk's revocation of an application of a CityofMeridian Citizen's Use Permit may be made by the permitee. Such appeal shall bmade in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such appeal.. Upon receipt of such appeal, the City Clerk shall schedule a public.hearing`'on the appeaf.i a City Council meeting within fourteen (14) days. The City Council's decision on such appoo,.shall be a final decision, and may be appealed to District Court. according to the provisions of the Idaho Administrative Procedures Act. L. Penalty. A violation of this chapter shall be an infractiorr'punishable by a penalty of one hundred dollars ($100). In addition to s&penalty, any person violating, allowing, or causing any provision of this Chapter siall�besubject to any arrdall= other applicable administrative, criminal, and/or civil penalties. ` Eachday upon.,which a violation of this chapter continues or occurs may be deemed:a separate ancl-;distinct violation. M. Enforcement. Peace officers.and/or code enforcement officers shall be empowered to enforce the provisions of this chapter. An officer may call upon the services of the planning, fire, parks or other appropriate -city departments io assist in the enforcement of the provisions this chapter. An officer may:invesiigate.any use or activity which he or she reasonably believes violates the provisions of this chapter. If an officer reasonably believes that a provision of this chapter has been: violated, the officer may issue a citation to the person responsible for the violation or upon -the owner or lawful possessor of the real property at or upon which the violation occurred:: Such citation shall be served in accordance with the provisions of the Idaho Infraction Rules, which are incorporated herein by this reference. 3-4-5: [RESERVEDI 3-4-6: SEVERABILITY: If any provision, clause, sentence, or paragraph of this title or the application thereof to any person or circumstance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or section of this chapter, which shall remain in full force and effect, and to this end, the provisions of this title are hereby declared to be severable. DRAFT - FEBRVAR Y 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE — Page 31 of 32 • DRAFT ® FEBRUARY 12, 2008 • SECTION 3. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2008. ATTEST: CITY CLERK .DRAFT ■ FEBRUARY 12, 2008 OUTDOOR SALES AND TEMPORARY EVENTS ORDINANCE -- Page 32 of 32 / � � � � � .�� _.... . � »»� � \:. am:w:� . 2\� � ?� � y .� w «©° . ©�� � {« . �... � � �� \� ��. \ < » � ��§\ .. -� . � . � � ±� { . . �:� � : < ... �. ��+%« : . . . . .. . ,� � . . . .�. � \ » y� \. � . `��6�ƒ � \ .§. . . ><.��� . » ;� � [/� � � � � � � � \jam � �/ \. . d� � . \ . .. �a»f \\� . . � .. . \§� � /\\ \. � \�m ��\�� k � «� .. .. .� _ .. . ��� . . � �z . .. . , _ . ��\�\ 2� \�` � \� /7 «a March 7, 2008 MERIDIAN CITY COUNCIL MEETING March 11, 2008 APPLICANT ITEM NO. $ REQUEST Executive Session per Idaho State Code 67-2345(1)&(f) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 1W Broadcast Report Mr Date}Tlme 03-28-2008 03:38:10 p.m. Transmit Header Text Cityrof Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 This document: Failed (reduced sample and details below) Document size: 8.5 "x11 " PI&SC Ycs}- -kr VLLjnL4C.' wtk C -C - - jriucsl ► C�WERIDIAN� IDAHO CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, April 1, 2008 at 7:00 p.m. ;Although the City of Meridian no longer requires mom tesuFinany, all presentations before Me Mayor and City Councr7 are expected to be truthful and honest to the best of the abffity of the presenter." 1. Roll -cell Attendance: David Zaremba 0_ Charlie Rountree 2. Pledge of Allegiance: Joe Borton Keith Bird Mayor Tammy de Weerd 3. Community Invocation by Pastor Gordon Slyter with Treasure Vailey Worship Center. 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of February 26, 2008 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Denial: RZ 07- 020 Request for Rezone of 10.1 ages from R-4 to R-40 zoning dlstrtct fur Seiwav Apartments by Meridian Apartments. LLC - wast of North Goddard Creeds Road and north of McMillian Road: C. Findings of Fact and Conclusions of Law for Approval: RZ 07- 023 Request for Rezone of 0.62 acres from R-4 to an R-8 zone for Slackamw No. 2 by Landmark Engineering and Planning, Inc. - 4700 West Aspen Creek Street Meridian MY ( -vh Maeft Agenda—April 1, "M Pegs 9 of 8 AD materials mesented at ptd& meet"ga aha@ beam* peWoW of th C8y ofrdartdtw. Myane d8*ft as MMWddon fardWb8tiea to dowme„ta wdbr taut, please CWMd the City 01Odca Office at 8884483 at tee948 fmona pdorto the puff aKe4ng. Total Paces Scanned: 5 Tntal Panac r'nnflrmad • 7S No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 912 3810160 03:07:49 p.m. 03-28-2008 00:05:09 5/5 1 EC HS CP9600 002 912 8989551 03:07:49 p.m. 03-28-2008 00:01:15 5/5 1 EC HS CP21600 003 912 2088848723 03:07:49 p.m. 03-28-2008 00:01:03 5/5 1 EC HS CP28800 004 912 8886854 03:07:49 p.m. 03-28-2008 00:01:02 5/5 1 EC HS CP28800 005 912 2088985501 03:07:49 p.m. 03-28-2008 00:01:24 5/5 1 EC HS CP28800 006 912 8467366 03:07:49 p.m. 03-28-2008 00:01:03 5/5 1 EC HS CP28800 007 912 8950390 03:07:49 p.m. 03-28-2008 00:01:03 5/5 1 EC HS CP33600 ® Broadcast Report � DatelTme 03-28-2008 03:38:17 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 No. Job Remote Station StartTlme Duration Pages Line Mode Job Type Results 008 912 208 888 2682 03:07:49 p.m. 03-28-2008 00:01:00 5/5 1 EC HS CP33600 009 912 8840745 03:07:49 p.m. 03-28-2008 00:01:01 5/5 1 EC HS CP31200 010 912 8885052 03:07:49 p.m. 03-28-2008 00:01:01 5/5 1 EC HS CP31200 011 912 8881983 03:07:49 p.m. 03-28-2008 00:01:07 5/5 1 EC HS CP26400 012 912 2083776449 03:07:49 p.m. 03-28-2008 00:02:01 5/5 1 EC HS CP14400 013 912 4679562 03:07:49 p.m. 03-28-2008 00:01:02 5/5 1 EC HS CP28800 014 912 8886700 03:07:49 p.m. 03-28-2008 00:00:00 0/5 1 -- HS FA 015 912 8841159 03:07:49 p.m. 03-28-2008 00:01:04 5/5 1 EC HS CP28800 016 912 8840744 03:07:49 p.m. 03-28-2008 00:01:07 5/5 1 JEC HS CP26400 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save FA: Fail RP: Report EC: Error Correct