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HomeMy WebLinkAbout2009-06-23AGENDA NA11 ME BACK TABLE FOR P & Z OR C/C DOOR OF CHAMBERS CLERKS STATION CITY COUNCIL SEATS CLERKS WALL CALENDAR REPOST IN LOBBY REFAX WEBS/TE WEBLINK E-MAIL 0 ,{ 0 REVISED (YES/NO) Y'C'S REVISED DATE: ~ • Z ~ • O°i Initial: Date: Time: 14evised 6-23-®~ E IDIAN:~ ~. CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, June 23, 2009 at 7:00 p.m. 1. Roll-call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Darrell Taylor with Ten Mile Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of June 9, 2009 City Council Special Meeting: B. Approve Minutes of June 9, 2009 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: RZ 09- 001 Request for Rezone of 7.65 acres consisting of 25 single-family residential lots and 2 common lots (Lots 1 and 2 and a portion of Lot 3, Block 2; portions of Lots 1 & 10 and Lots 2-9, Block 1, Dove Meadows Subdivision No. 1; portions of Lots 11 & 12 and Lots 13- 24, Block 1, Dove Meadows Subdivision No. 2) from L-O to R-8 for Dove Meadows by City of Meridian Planning Department -various properties in Dove Meadows Subdivision Nos. 1 and 2 zoned L-O: D. First Addendum to Development Agreement: MDA 09-002 Request to modify the Development Agreement for Woodbridge (Instrument #100006602) by T.T.S. Developments, LLC - 385 South Locust Grove Road: Meridian City Council Meeting Agenda -June 23, 2009 Page 1 of 3 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. l4evised 6-23-09 6. 7. 8. E. Approve Beer, Wine, Liquor License for Shoot The Moon III, LLC dba On The Border Restaurant located at 3004 North Eagle Road: F. Resolution No. of Impact Fees Resolution: Amended 2009 Waiver Department Reports: A. Legal Department: 1. Discussion on Requiring Alcohol Training for Servers: 2. Recommendation from the Mayor and Council Compensation Review Committee: B. Planning Department: 1. Discussion on CZC Fee Clarification and Additions: C. Clerks office: 1. Update on Changes to Open Meeting Laws effective July 1, 2009: D. Police Department: 1. Weed abatements: a. Blaser properties Cherry / Linder $1,650.00 - b. 331 S. Malachite - $300.00 -parcel - c. 1513 Tourmaline $275.00 -parcel - d. 2305 Beatrice $250.00 -parcel - Total approval for abatements: $ 2,475.00 Items Moved from Consent Agenda: SSC Update and Final Public Comment: 9. Continued Public Hearing from June 9, 2009: AZ 08-015 Request for Annexation and Zoning consisting of 15.05 acres from Ada County RUT to C-G (General Retail and Service Commercial) and I-L (Light Industrial) Meridian City Council Meeting Agenda -June 23, 2009 Page 2 of 3 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. I~eV%Se~16-?3-®~ zones for Fianut by Ronald Van Auker -west side of South Locust Grove, north of East Overland Road and south of I-84: 10. Continued Public Hearing from June 9, 2009: RZ 08-009 Request for Rezone of 1.69 acres from C-G (General Retail and Service Commercial) to I-L (Light Industrial) zone for Fianut by Ronald Van Auker -west side of South Locust Grove, north of East Overland Road and south of I-84: 11. Continued Public Hearing from June 9, 2009: PP 08-012 Request for Preliminary Plat approval consisting of 6non-residential building lots and 1 other lot in a proposed C-G and I-L zoning districts for Fianut by Ronald Van Auker -west side of South Locust Grove, north of East Overland Road and south of I-84: 12. Public Hearing: PY2009 CDBG Action Plan: 13. Public Hearing: Status of Funded Activities for Meridian Senior Center with Idaho Community Development Block Grant (ICDBG): 14. Ordinance No. ZOA 09-001 Request for Zoning Ordinance /Unified Development Code (UDC) Text Amendment to modify and clean up specific sections of the UDC for Outdoor Storage and Parkins Unified Development Code Text Amendment by City of Meridian Planning Department -See application for details of all sections proposed for amendments: 15. Amendment to Ordinance No. 08-1350 A: AZ 07-017 Request for Annexation and Zoning of 40.4 acres from RUT to C-C zone (21.3 acres), R-8 zone (6.27 acres) and R-2 (12.87 acres) for Three Corners by David Dean - 6380 North Locust Grove Road: Meridian City Council Meeting Agenda -June 23, 2009 Page 3 of 3 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. AGENDA NAME ~-23-C~P c~c r~ ~'a BACK TABLE FOR P & Z OR C/C DOOR OF CHAMBERS CLERKS STATION CITY COUNCIL SEATS CLERKS WALL CALENDAR REPOST /N LOBBY REFAX WEBSITE WEBL/NK E-MAIL 0 0 0 4 0 z6 T6 REVISED (YES/NO) REVISED DATE: Initial: Date: Time: E IDIAN7 o CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, June 23, 2009 at 7:00 p.m. 1. Roll-call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Darrell Taylor with Ten Mile Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of June 9, 2009 City Council Special Meeting: B. Approve Minutes of June 9, 2009 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: RZ 09- 001 Request for Rezone of 7.65 acres consisting of 25 single-family residential lots and 2 common lots (Lots 1 and 2 and a portion of Lot 3, Block 2; portions of Lots 1 & 10 and Lots 2-9, Block 1, Dove Meadows Subdivision No. 1; portions of Lots 11 & 12 and Lots 13- 24, Block 1, Dove Meadows Subdivision No. 2) from L-O to R-8 for Dove Meadows by City of Meridian Planning Department -various properties in Dove Meadows Subdivision Nos. 1 and 2 zoned L-O: D. First Addendum to Development Agreement: MDA 09-002 Request to modify the Development Agreement for Woodbridge (Instrument #100006602) by T.T.S. Developments, LLC - 385 South Locust Grove Road: Meridian City Council Meeting Agenda -June 23, 2009 Page 1 of 3 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. E. Approve Beer, Wine, Liauor License for Shoot The Moon III, LLC dba On The Border Restaurant located at 3004 North Eagle Road: F. Resolution No. of Impact Fees Resolution: Amended 2009 Waiver 6. Department Reports: A. Legal Department: 1. Discussion on Requiring Alcohol Training for Servers: 2. Recommendation from the Mayor and Council Compensation Review Committee: B. Planning Department: 1. Discussion on CZC Fee Clarification and Additions: C. Clerks office 1. Update on Changes to Open Meeting Laws effective July 1, 2009: 7. Items Moved from Consent Agenda: 8. SSC Update and Final Public Comment: 9. Continued Public Hearing from June 9, 2009: AZ 08-015 Request for Annexation and Zoning consisting of 15.05 acres from Ada County RUT to C-G (General Retail and Service Commercial) and I-L (Light Industrial) zones for Fianut by Ronald Van Auker -west side of South Locust Grove, north of East Overland Road and south of I-84: 10. Continued Public Hearing from June 9, 2009: IZZ 08-009 Request for Rezone of 1.69 acres from C-G (General Retail and Service Commercial) to I-L (Light Industrial) zone for Fianut by Ronald Van Auker -west side of South Locust Grove, north of East Overland Road and south of I-84: 11. Continued Public Hearing from June 9, 2009: PP 08-012 Request for Preliminary Plat approval consisting of 6non-residential building lots and 1 other lot in a proposed C-G and I-L zoning districts for Fianut by Ronald Meridian City Council Meeting Agenda -June 23, 2009 Page 2 of 3 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. Van Auker -west side of South Locust Grove, north of East Overland Road and south of I-84: 12. Public Hearing: Status of Funded Activities for Meridian Senior Center with Idaho Community Development Block Grant (ICDBG): 13. Ordinance No. ZOA 09-001 Request for Zoning Ordinance /Unified Development Code (UDC) Text Amendment to modify and clean up specific sections of the UDC for Outdoor Storage and Parking Unified Development Code Text Amendment by City of Meridian Planning Department -See application for details of all sections proposed for amendments: 14. Amendment to Ordinance No. 08-1350 A: AZ 07-017 Request for Annexation and Zoning of 40.4 acres from RUT to C-C zone (21.3 acres), R-8 zone (6.27 acres) and R-2 (12.87 acres) for Three Corners by David Dean - 6380 North Locust Grove Road: Meridian City Council Meeting Agenda -June 23, 2009 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian Citv Council Meeting June 23, 2009 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, June 23, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Kyle Radek, Bill Parson, Mark Neimeyer, Scott Colaianni, Matt Ellsworth, John Overton, Steve Siddoway, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will go ahead and start tonight's meeting and -- by welcoming you and thanking you for being here with us this evening. For the public record it is Tuesday, June 23rd. It's 7:00 p.m. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Darrell Taylor with Ten Mile Christian Church: De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Darrell Taylor, he's with the Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Taylor: Thank you for having me. Heavenly Father, we are just truly thankful for this day and, Father, we are just truly thankful, Lord, for the many blessings you have given us as a community and individuals. Father, we just praise your name that we are able to live in a country that's free where we can be free to -- to pray when we want and to talk about you and just to live for you, Lord, and, Father, we ask now that you will be with those in the armed forces that are keeping this country free and, Father, for the leadership on a national and state level, we just ask, Lord, for your watch care over them and, Father, too, for Meridian and for the City Council, Lord, we just ask for your Meridian City Council June 23, 2009 Page 2 of 57 guidance and wisdom, Father, we just thank you for a community that cares about -- about families and we just ask now, Lord, that this meeting will be a benefit for the community and we just pray this in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you. It's my honor to mention what happened earlier today. We had the ground breaking ceremonies for Ten Mile interchange. So, it's -- it's historic. So, had to mention it. And if you didn't notice, on your way in we have a farmers market going on outside where I got my dinner and just a block down Main Street we have live music going on, so when you're done with your business here you can stay downtown and enjoy the rest of your evening. So, with that said I will ask Council -- Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: As there appear to be comments added in, I will add one as well. Last Saturday night was the first of the Concerts on Broadway series. Councilman Bird and I both attended, sitting out in the plaza, the amphitheater out here. It was very well attended and very well received and I found myself sitting there thinking this place really works. The plaza was very good and it was a good event and there will be another one about a month from now and one a month after that. So, I hope everybody gets a chance to go. De Weerd: Thank you. Zaremba: And with that on the agenda for tonight we've had a request from the legal department to add an Item G and an H and an I to the Consent Agenda and I would add that it's important to do this tonight, because this is our last meeting before July 4th and all of these apply to July 4th. Item G would be a professional services agreement with musical talent for the Independent's Day celebration in Storey Park. This agreement is with Lindy Waugh, W-a-u-g-h, for no monetary cost to the city. Item H is a professional services agreement for musical talent for the Independence Day celebration in Storey Park. This one is with Eric Hansen, H-a-n-s-e-n, again, for no monetary cost. Item I would be professional services agreement for musical talent for the Independence Day celebration in Storey Park for Bill Roulo, R-o-u-I-o, and that one is in the amount of 1,200 dollars. So, we would like to add those three items to the Consent Agenda. Let me back up a minute. The previously last item on the Consent Agenda, Item F, the resolution number for that is 09-673. Now, under Department Reports, under 6-A, Legal Department would also like to add a third report, which would be a discussion on security card readers. Moving onto the regular agenda, Item 14, the ordinance number is 09-1420. And with those amendments I move we adopt the agenda. Hoaglun: Second. Meridian City Council June 23, 2009 Page 3 of 57 De Weerd: I have a motion and a second. Council, as of July 1st you will not see late additions anymore. Kind of a heads up to our departments. No more late additions. And if Council -- if you're not comfortable, we can put this on the public notice for your consideration before the budget hearing for parks. I think that that could be a posting you put on there. Again, I will reiterate, fortunately, we had a state code change and so we will not see late additions on our agenda. I know our next meeting our city clerk will give -- oh, are you doing this this evening? Holman: Madam Mayor? De Weerd: An update on that tonight. Holman: Madam Mayor, that is this evening and I'm actually going to let our city attorney Bill Nary do it. He actually took an extended -- one of the courses at AIC really just went over all of this specifically. He's got a little bit more information on the particulars of how we do late items -- De Weerd: Okay. Holman: -- on agendas and what changed July 1st. De Weerd: I think it would just be safe to say we will not do them. Then, we don't have to guess what's right and what isn't. But we will get an update from Mr. Nary, since he has added everything to our agenda tonight. Council, we are voting on this motion. Okay. All those in favor say aye. Opposed nay? All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of June 9, 2009 City Council Special Meeting: B. Approve Minutes of June 9, 2009 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: IZZ 09- 001 Request for Rezone of 7.65 acres consisting of 25 single-family residential lots and 2 common lots (Lots 1 and 2 and a portion of Lot 3, Block 2; portions of Lots 1 & 10 and Lots 2-9, Block 1, Dove Meadows Subdivision No. 1; portions of Lots 11 & 12 and Lots 13- 24, Block 1, Dove Meadows Subdivision No. 2) from L-O to R-8 for Dove Meadows by City of Meridian Planning Department -various properties in Dove Meadows Subdivision Nos. 1 and 2 zoned L-O: D. First Addendum to Development Agreement: MDA 09-002 Request to modify the Development Agreement for Woodbridge Meridian City Council June 23, 2009 Page 4 of 57 (Instrument #100006602) by T.T.S. Developments, LLC - 385 South Locust Grove Road: E. Approve Beer, Wine, Liauor License for Shoot The Moon III LLC dba On The Border Restaurant located at 3004 North Eagle Road: F. Resolution No. of Impact Fees Resolution: De Weerd: Okay. Item No. 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Amended 2009 Waiver Zaremba: If I understood the vote we just took, we have added the three items to the Consent Agenda. De Weerd: We have. Zaremba: And also identified the resolution number. With that I move that we adopt the Consent Agenda and for the Mayor to sign and the Clerk to attest. Hoaglun: Second. De Weerd: We have a motion and a second to adopt the Consent Agenda as amended. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Legal Department: 1. Discussion on Requiring Alcohol Training for Servers: De Weerd: Item No. 6 under our Department Reports, we will start tonight's Department Reports with our city attorney. Nary: Thank you, Madam Mayor. I'll move up here. Madam Mayor, Members of the Council, a couple of different items here, so -- the first one I'd like to hand out is a Meridian City Council June 23, 2009 Page 5 of 57 proposed amendment to our ordinance and both of these are two different versions of server training ordinance -- one's an ordinance and one was a state code provision. De Weerd: While he's passing that out, I know that the efforts of Mr. Nary were greatly appreciated by the Association of Idaho Cities. We are trying to make this a state law to have the serving training a requirement. So, we will try it again next year, but this way the city can adopt what we would like to see happen ourselves. Nary: Thank you, Madam Mayor. Madam Mayor, Members of the Council, the one that's in front of you is the Boise City code, which was the model we used for the state code provision that you also have in front of you for server training. Basically, the difference -- most significant difference, really, is in the state code and what was possibly may be short sighted, but the state code requires for restaurant facilities, they had mandatory server training and there are existing services out there in the marketplace for people to do that. They are online, they are fairly inexpensive, run between 35 and 60 dollars for training. The requirement was all on the train -- the server, as well as the restaurant to maintain their certification, maintain their records for -- that the requirement was not mandatory for the packaged deal, for the Albertson's and the convenience stores and Walmarts and those types of things. And part of the reason was is that currently the marketplace the training is different. So, there isn't quite the same level of training and comfort that the state police had to require mandatory training. Many of the ones in this area -- and they really felt it more in the state in the more rural areas of the state. There wasn't online things. Many of the areas in this area, Albertson's, Walmart, Fred Meyer, Jacksons, all run their own internal training and from what I have been told -- what we have been told as part of this group I was with, they have actually been very effective. The state police is very comfortable as how those are being handled, yet not every single cigarette shop and such that sell alcohol gets the same level of training. But it wasn't as available. So, that's one issue you're free to consider, if you're going to require training, whether you want to make it mandatory for both the retail dealers, as well as the restaurant. Obviously, alcohol is alcohol, but one of the reasons the concern from the state committee that we were a part of was the service of alcohol in restaurants and in liquor establishments can be more significant, because people are sitting there drinking versus at a grocery store where they're taking it home or they are taking it elsewhere. Again, I -- we are not trying to downplay the risk that certainly drinking and driving can be, but the realization that how that's being consumed and how that ends up back on the roadway is a little different from a grocery store versus a restaurant or a bar. So, in the state version that you have it was mandatory to have it done, they have to maintain it, they have to do it within a certain period of time. Once that was done they had to -- basically, everyone that attends these courses gets a certification, a license, for lack of a better word. So, proof that they have attended this and the requirement is that they -- they needed to carry it, so the police officers could request it if they enter the bar, that they had proof and, again, all of them -- and, then, the establishment also had to have similar proof, especially because there is a lag time, 30 to 60 days is what we have seen. So, obviously, you have somebody that starts, they haven't taken the course yet, so, then, you're going to have to have proof when did they start, so they know they fall within the Meridian City Council June 23, 2009 Page 6 of 57 exception. That was the state version. The Boise City version, which, again, was the model we used, doesn't deal with stores at all, doesn't deal with the retail outlets at all. It only deals with the restaurants and bars and those types of licensees. And, again, it's the same thing, it's all based -- it's all on the individual, their cost, or the cost to many of the restaurants in this area -- in this Boise and Meridian area provide it themselves, because they -- they pay for it, because it's easier and faster to make sure it's done, because if they don't, then, if their server gets caught and the server hasn't got it done, then, they are on the hook and responsible for it. The other issue on the state -- when the state was discussing it was allowing some -- I guess for lack of a better word, a break to the license holders, that if they had aperson -- if they trained them and they still violated the law, if the licensee had done the training, then, the server was responsible first two times they had served outside of that training and licensee was not responsible to -- or couldn't be at risk of losing their license. Again, that was fairly controversial to folks. Under the Boise City one they are all just going to be subject to it if -- regardless of whether or not they -- the first time or whether their training was done, it's still going to be subject to this potential fine. This doesn't -- the Boise City one does not deal with their license being revoked. The state one was trying to deal with their license being revoked. I do believe it is time. I think it's a good idea to lead the way. The city of Boise has theirs in place, they have had it in place for awhile, they have been using it more as an educational tool since they implemented it last year. I think you're looking -- and I did get a -- did get an a-mail from their city attorney staff, I think they are looking at their enforcement now. I think at the end of this summer they, then, start enforcing all of these requirements. They've tried to educate since last year. Questions? Direction? Time to think about it? You don't have to make a decision tonight. Hoaglun: Madam Mayor? De Weerd: Yes, Mr. Hoaglun. Hoaglun: Question for Mr. Nary. Bill, under the state proposed law, just reading where if the mandatory training on premise sales and voluntary training off premise retailer, the off premise retailer is like an Albertson's or a convenience store, anything like that. Nary: Right. The premise is talking about where they can be consumed. Hoaglun: And that would be voluntary. Nary: Yes. Hoaglun: What you're proposing like the state law, but on premise where it's consumed on site, that would be mandatory training. Nary: Yes. Meridian City Council June 23, 2009 Page 7 of 57 Hoaglun: And it looks like that the national -- the National Restaurant Association has programs, Safe Serve Alcohol and some things that they offer for their member restaurants; is that correct? Nary: There is three -- Boise City also lists them, Serve Safe, TIP, and Leam to Serve, are all online courses that can be done. Again, they are all fairly inexpensive. Again, the burden is on the individual or the restaurant to pay for that. The city or the state won't be paying for any of that. Hoaglun: And just to follow up, Madam Mayor. Is the off-premise retail, is that more just to do the identification, making sure there is not underage purchases being made? Is that primarily that focus of that program or do you know what the difference between the two -- Nary: That's my understanding, Council Member Hoaglun. It is to deal with the license issue, the identification. I mean, obviously, there is some concern, too, that there is potential of serving people who are intoxicated or selling to people that are intoxicated, so there is some necessity to have some framing to understand that. But it is predominately focused on the identification. Hoaglun: Thank you. De Weerd: Okay. Any other questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: It appears from the language, Bill, that the police chief, in effect, certifies the trainer by approving the trainer. Nary: Madam Mayor, Members of the Council, Council Member Rountree, yeah, what they -- what they did in the state level -- or in the city level at Boise was to use, essentially, a similar way that the state does it, because there at the state level it's the director if ISP and the city level it's the police chief and what they are saying is we have identified these three programs. If there is another program, then, you're going to have to have the police chief approve it. That's certainly one logical way to do it. It doesn't have to be the only way. We could certainly do it differently if you wanted to. Rountree: Does that in some way increase the city's liability in case of a situation where you have someone who consumes too much and creates an issue? Does it cascade back to the city? Nary: Madam Mayor, Members of the Council, Council Member Rountree, you know, I -- I have a hard time seeing that connection to be made and certainly people can think if we approve the program, they follow the program, they end up serving somebody who Meridian City Council June 23, 2009 Page 8 of 57 is intoxicated, I wouldn't see our police chiefs approving a program that's outside of one of these types of programs that hasn't been vetted for a number of citizens before we do that. So, I'm not too concerned that even identifying these in our ordinance would cause us to have liabilities, again, by following this program and if people -- because they are still required to follow the law regardless. I think with most of the ones that are -- when they are dealing with service in a restaurant or bar setting, besides the identification issue again, what they are really trying to help people understand is how alcohol works, because it is also a crime in the state to serve people who are already intoxicated and there has been some give and take in the courts as to how that's to be interpreted, but that's what -- from what I understand the training focuses on is trying to understand the physiological effects of alcohol. While you might go up the first time you end up talking to this person to serve them they seem perfectly fine, you come back 20 minutes later and they are not so fine anymore, what does that mean, why is that happening, you know, how to deal with that in a large setting. Also, how to deal with the fact you know this person, you might know this person and feel you're intimidated or you feel some kinship with them or some relationship, how to deal with those kind of things. So, I mean I think there is a lot more to it, but I wouldn't see the city having a liability by even selecting these national programs as ones that we find acceptable. Rountree: If we went this direction and an enforcement component, has Boise identified what their cost is going to be and have we considered that with the police chief at this point? Nary: Madam Mayor, Members of the Council, Council Member Rountree, no, we have not discussed with the police chief. Boise, because they have -- they have taken a pro- active in education tact with this to this point, I don't believe have additional costs, but -- and Idon't know if Lieutenant Colaianni or Lieutenant Overton have any opinion, but we wouldn't probably do this outside what our normal bar check would be, but we would probably -- as our officers enter -- enter these drinking establishments and are looking for intoxicated persons or minors, it's afairly -- should be a fairly simple process to say I need to see the identification cards of all of the servers that are here right now and I need to make sure that this one on here is that person might there. So, there are easy ways that we can make this enforceable without it being problematic for our officers. De Weerd: Lieutenant Overton or Lieutenant Colaianni, any comments? Colaianni: Yeah. Madam Mayor, Council Members, our understanding is the way Mr. Nary's laying it out is that this would go in conjunction with what we are already currently doing in checking IDs and going through the bars and doing those types of things. It's not something that would be separate, we would do it all together. De Weerd: Thank you. Hoaglun: One last question for Mr. Nary. De Weerd: Mr. Hoaglun. Meridian City Council June 23, 2009 Page 9 of 57 Hoaglun: The -- once they receive -- once the server receives that certification and goes through that course, there is no continuing education requirement or anything like that, it's -- once he's been certified or -- do you need a refresher course say once every five years or once you're done you're done? Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, you know, I -- it's not in the ordinance, but my recollection was there is an expiration date, but I don't recall if it's three years or five years. I don't believe it's annual, I believe it's longer than that, but I'm not certain, so I don't know. Hoaglun: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Would we assume that if somebody, at the time they went through the training and got a certificate was working in Boise or Miami, Florida, and, then, went to work for somebody in Meridian, is that certificate still good? Nary: Madam Mayor, Council Member Zaremba, if it's like in the Boise ordinance, for example, if they went through one of those courses it is a national online course. So, yes, if they went through Serve Safe in Florida and, then, moved to Boise, they are still certified, it would still be valid. Zaremba: Thank you. Rountree: Madam Mayor, Bill asked for some comments. At first glance, I would recommend not including those points of training, whether it be Serve Safe, TIPS, or Leam, and have a statement that national recognized or state recognized services, either online or through appropriate training facility as approved by the police chief. That way when they change names, get bought by somebody or vanish, we don't have to amend the ordinance, assuming we get there. De Weerd: Any other comments? You know, I do know this came up in the drug task force meeting that an example of some of the environmental changes we can make to -- as acommunity change behaviors and certainly the education and prevention part of this is -- is very needed. I know it has strong support from our police department and I think it is the right thing to do. It was also discussed as something that would help with the education pieces to it with the underage drinking aspect and better- training our servers to know certain things about the environment that they work in. So, Council, would like to know -- would you like to see this on a -- Meridian City Council June 23, 2009 Page 10 of 57 Colaianni: Madam Mayor, there is somebody here from Serve Safe, if you have questions for him directly, he may be able to clarify some things before you make a decision. De Weerd: Would love to. Yes. Yes, please. If you will, please, state your name and address for the record. Dixon: Bob Dixon. 2048 North Whittier Place, Meridian. De Weerd: Thank you. Dixon: I've certified in Serve Safe training and it is a national training through the National Restaurant Association. We teach criminal, civil liability, how to recognize intoxication. How to go through and properly check identification and how to handle difficult situations in your establishment. It's a three year certification. And I do it on premises for 30 dollars per person, which is the same as online, and I have talked to several places and said, you know, this way you know your people are being trained immediately and they are not going home and telling you, yeah, we are doing it online and they are not getting it done. So, if there is any other questions that I could answer for you I would be happy to. De Weerd: Well, I appreciate your comments and I do know when the Treasure Valley Partnership was talking to various trainers, the dialogue that you have with the onsite -- because different people bring up different scenarios, you can learn from one another. So, certainly, that would be the preferred route, but the convenience of the online, when we discussed it -- discussed it -- not disgusted -- was -- was very -- was a good option to also provide. Dixon: For the people to go that can't get up at 8:00 o'clock in the morning and show up and take the class. De Weerd: Yes. So, any questions from Council? Rountree: I have none. Zaremba: Thank you. Hoaglun: Just one quick question. How long does a course take? Dixon: It took me about ten hours to become certified. Fifteen hours. It's about three to four hours for a server, bartender. That includes taking the test. Hoaglun: And is the test -- Madam Mayor. Is that administered right after the course -- Dixon: It's administered after the course and if it's with Serve Safe -- and I don't know about TIPS or the other program, but with Serve Safe the instructor does not grade the Meridian City Council June 23, 2009 Page 11 of 57 test, I have to ship them to Chicago. They are graded in Chicago and, then, I'm sent back the results and their certification. Hoaglun: Okay. Thank you. De Weerd: Okay. Well, thank you for being here tonight for this discussion. Council, any further questions or comments for Mr. Nary? Would you like to see this on a future agenda? What is your pleasure? Hoaglun: Madam Mayor, I think if we get some of these details hammered out, I think it's worth having further discussions about and bringing it forward to discuss, in my opinion. Nary: We'll start crafting a draft and, then, maybe try to meet with some of the local license holders to see if there is issues that they would have that we would be unaware of. We -- probably what I would recommend is once we get to an actual ordinance form that you're all comfortable with, then, we give -- either sometime before the enactment of it, so there is one opportunity for the servers to get trained, as well as, again, an opportunity to educate. De Weerd: Well -- and, Council, I know when -- we have talked about it, the chief and Mr. Nary and I, I think the police department would feel comfortable with kind of that grace period, similar to what Boise has done, is to put it out there, not make i1 mandatory for the first year, work with the restaurants and establishments to educate and, then, the following year make it the mandatory. So, that way we have an opportunity to work with our businesses and get everyone on board. But it's a good start and we appreciate starting the dialogue and this -- you got the green light it looks like, Mr. Nary. Nary: Thank you. De Weerd: Thank you. 2. Recommendation from the Mayor and Council Compensation Review Committee: Nary: Next item, Madam Mayor, Members of the Council, is sometimes a double edge sword. It is our report from our Mayor and City Council Compensation Committee. As required by our city ordinance we have a -- every election -- every city election cycle we have a committee made up of community leaders, community participants, former Council members, commissioners, and what they do is evaluate the current pay of both the Mayor and the Council and make a recommendation to you. So, tonight I'm here to report that recommendation to you. The committee is made up of myself, there was Christine Donnell, former Council member. Joe Marshall, a current Planning and Zoning Commissioner. Dr. Tom Hammond, a current historic preservation commission member. Tracy Vance, the current Chamber of Commerce board president. Chris Meridian City Council June 23, 2009 Page 12 of 57 Kline, a local businessman with Edward Jones Investments. And Mark Gilbreath with Vengaworks Venture Center in Meridian. The committee met on three different occasions to discuss. The committee asked for lots of different kinds of information and some of that's in that little packet I have just provided you. There was some a-mails from other cities as to what the mayors in various cities around the state make and the council members. Of course, every city is a little different. There aren't a tremendous amount of comparables in our state or even in our valley. There are not a lot of full-time mayors in the state of Idaho. Some cities are run by city managers, so there is city managers -- make significantly more than what the mayor makes, but the mayor doesn't have the same daily responsibilities that the mayor of our city has or the mayor of any other full-time mayor position in the city. So, the committee also did wrestle with -- and I have in that statement in front of you -- the committee also did wrestle with the concems about the economic times and there is a recognition, obviously, by all of those community people that these are difficult times, that you as the Council face in working with budgets and working with salaries and working with that for all the employees, not just -- not just the Mayor and the Council, but all the employees in the city in the various roles that they have. But they also recognize that the state code provision I provided you requires or only allows -- I guess that's a better way to say it -- only allows us to revisit the compensation for elected officials every election cycle. So, there isn't an opportunity to grade an elected official and make a decision on what their value is. The state code requires -- you can create a formula and do that every two years, but you can't -- you can't after the fact decide whether or not the person should get paid a certain amount or not based on their performance. There isn't any way to do it. In fact one of the concems I would have in that. is there is supposed to be a separation of powers between executive and legislative branches and so there is not a -- there is not an intent in the state code for the Mayor to grade the Council or the Council to grade the Mayor in relation to pay. So, as I put here in this statement from the group -- and this was a statement I prepared based on the minutes of the meeting and, then, had all of them review it and this is their unanimous approval of this statement to you was that they wanted to evaluate -- and I'll just read it out loud for the members of the public. The committee recognizes that any increase in the current times may be controversial or concerning, but the committee's responsibility is to evaluate all the above criteria and make a recommendation that is reasonable in light of all the factors. The City Council has the ultimate discretion to accept -- accept, reject, or modify the recommendations, but the committee's responsibility is to not look at the current time only, but also the long term needs of the positions and the city. Because the city has been prudent and fiscally responsible to the taxpayers of Meridian, the committee felt that the recommended increase would be affordable and appropriate. And one of the things I guess to be a little clearer on what their intent was, one of the things we as Meridian have been is we have not had afull-time Mayor for very long. For a number of years our Mayor was a part-time position and there was a decision made in the early part of this decade that the Mayor position no longer could be part time and be effective. And with that there was some intent to move the pay to be commensurate with afull-time position. But also because it's an elected position, there is some discomfort at times to try to move it where it maybe should be or could be depending on what criteria you would like to use to evaluate it. The committee felt that their responsibility as citizens as part of this Meridian City Council June 23, 2009 Page 13 of 57 group was to make that hard decision, to say this is where we think it should be, but we want to recognize that there is some financial factors that go into that, but we want to recognize what we believe as -- as citizens in our community what the Mayor's pay should be in relation to what the responsibilities and expectations that the Mayor's job is and not wanting to consider the individuals or Madam Mayor here or any of the Council members, but what these positions are worth to us as members of this community. And the same relation to the Council members, what we think the time and effort that it takes to perform the job effectively and responsibly what it's worth and what it should get paid in relation to that. So, they looked at all of these factors that are bulleted on your -- on this statement, the length of time the Mayor's position has been full time, the salary increases that have been done since it was made full time, because we slowly gradually moved it up, but not in very large increments. The increased number of employees of the city since the Mayor's position was made full time to the present, it's almost double of what it had been when the Mayor's position was made full time. Actually, it's more than double. The growth of the city in the same time period and the complexity and expectations of the position. The Mayor's position, I believe, was made full time in 2001. Our population was approximately 40,000 people. Now, it's almost 75,000 people or hovering around that number. The increased number of direct reports to the Mayor. When we looked at the early part of this decade, the Mayor had Ibelieve -- and I don't have that number in front of me, I'm sorry. Ibelieve the Mayor had about seven direct reports and now the Mayor has -- besides all the directors, which there is seven, the Mayor also has the city clerk and her staff -- or some of her staff report directly to her. So, the Mayor has more than ten direct reports today. The comparable salaries of mayors and council members in the valley and around the state. Again, they recognize it is kind of an apples and oranges to some degree, but they also still felt there was some relationship to what the mayor of Kuna or the mayor of Eagle, the mayor of Nampa, the mayor of Boise makes in relation to our city that even though it's not completely comparable, because there is -- some cities are smaller, some are larger, at least it has some relevancy to them. The current city personnel budgets and how much we budget for increases. That was a number the past few years and how we have budgeted for the different departments personnel needs. A target objective was considered, but also the realization that an increase would still need to be incremental. The committee talked a long time about we think the Mayor should be X. We think Council members should make Y. But we recognize to get there it's probably too drastic for many people to do in one budget and it might take more than -- more than even two years to get there. So, they did wrestle with that in trying to figure out how to make that make sense when we have to fix the budget -- or have to fix this amount for these positions for the next two years today, without knowing the people that will be serving in those positions, without knowing anything else about what the position would be, what's the position's value and what should be done, what the pay should be. Current expectations and performance of the elected officials -- again, the law doesn't give us that much flexibility for that. It's not really intended to be flexibility for that, it's not supposed to be a grading system. The grading system for elected officials is the ballot box, not -- not your compensation. But, again, the committee recognized there is some value with citizens as to what the expectations they have for that and what -- what you expect people to do and the commitment that you expect them to make is relative to Meridian City Council June 23, 2009 Page 14 of 57 the pay that they get. There is some relationship there, even if it may not always sound very pleasant to folks, there is a relationship to what you're going to pay somebody to what you're going to expect them to do. A strategic evaluation to move salaries to an appropriate level over amulti-year period, again, that was some idea of the committee that we needed to look beyond even the two years and say where do we think these positions will be two, four, six, eight years out. Obviously, they don't necessarily control that, but they want us to see, one, to at least plant that seed that here's the progress we are trying to get to, here is the direction we think we'd like to go. Okay. Equity in light of the trajectory and growth of the city. That was very significant to the group, because, again, they see our city as a growing city. I mean we may be fairly -- fairly slow at the moment, but they didn't see that -- none of these folks -- and I'm sure all of you on the dais know all of these people in some capacity or another, they don't see Meridian as a city that's getting smaller, getting less complex, getting less involved over the next two, four, six, eight years. They anticipate the city growing larger, both population based, as well as employee based and that the positions that all of you hold are going to become more time consuming, more -- hopefully interesting, but also more involved than you are today. And they recognize that being a part of it, compensation has a relationship to that. Again, your current economic condition of the city and the community. Again, that's that balancing act as we recognize these are difficult times and increases and recommending increases for anyone in any position is very conseming, but yet, in reality, the city has the funds and the capability to do it, because we have been frugal and because we have been good as a city in watching our dollars and being able to do, the committee felt comfortable in at least making that recommendation. Partly as an aside, they also recognize it's not their ultimate decision. I mean they recognize it is yours and it has to be done by ordinance, so the Council it does fall on you. So, they recognize that they are making a recommendation that they don't have the ability to cant' out and it does put the burden on you folks, but, yet, they did feel that they wanted to make that recommendation. So, the committee's recommendations to the Mayor -- or to the Council is that the Mayor's salary be increased on January 2010 to 76,350 dollars and, then, on January 1st, 2011, 82,500 dollars. The Mayor currently makes 70,200. The committee also recommended that the .Council salary be increased to 10,500 in 2010 and 12,000 dollars in 2011. Currently the Council's salaries are 9,000 dollars a year. Do you have any questions? What I need from you is direction of -- it is required by state code that we pass an ordinance -- if we are going to change it we'd have to pass the ordinance by -- I looked it up today, Jaycee. I don't know if -- I think it's August 20th. It's 75 days before the election you have to approve it. So, I think it's August 20th was the date and that's what sticks in my mind from the AIC. So, we'd have to pass it by then if you choose to make a change. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I appreciate all the work that the committee has put into it. Certainly a bunch of knowledgeable people there. I would say right off the bat that the recommendation for the Mayor's salary is an excellent one. Although it's only officially been designated a Meridian City Council June 23, 2009 Page 15 of 57 full-time job for a short while, it was afull-time job in actuality before that and has now gotten to be a full and a half time job. The demands that are placed on the Mayor and -- our current Mayor has stepped up to them excellently and I think works 24 hours a day. But the demands that are placed on the Mayor I think easily justify the recommended increases. If anybody wanted to discuss making it even higher I would go for that. So, I'm very supportive of the recommendation on the Mayor's one. I would say on the City Council one, as we know, nobody does this job for the pay, there is some time involved and some compensation I think is fair. I have been satisfied with what we are making now. The only thing that I would say about the increase is that I also know that there are some very qualified people that would be good City Councilmen that don't run for the office, because they don't feel they can put quite as much time in as we do for as little as we make and whether or not they'd ever be adequately compensated I don't know. So, I -- if I may state, I am all in favor of the Mayor's salary increases and I could go either way on the City Council increases. De Weerd: Thank you, Mr. Zaremba. Any other comments, Council? Rountree: Question for Bill. If we take action and set a number, can the pay be based on an amount not to exceed that number at final budget time? It's tough to stump the lawyer. Nary: I'm just waiting until you're done. Rountree: No, I'm done. Nary: I was just making sure you were done. Madam Mayor, Members of the Council, no, you can't do that. Rountree: So, It's -- Nary: You must set the salary by ordinance and, like I said, my concern would be a challenge of the separation of powers that if the Council made the decision later to not fund the position or to do that, based on what their perceived performance would be, I think you would be challenged by that. Rountree: Next question, Madam Mayor. The recommendation of the committee is for a transition to 2011. Can we actually craft an ordinance that does that or can we -- do we have to wait until the next election cycle to make a change? Can we make a double change with one ordinance? Nary: Madam Mayor, Member of the Council, Council Member Rountree, are you saying to set it beyond 2011? Rountree: To set it beyond 2010. Nary: Well, this sets 2010 and 2011. Meridian City Council June 23, 2009 Page 16 of 57 Rountree: My question is can we do that? Nary: Yes. Rountree: Two years. Nary: Yes. You can set it for two years. You can't -- you can set it for ten years, but you can only revisit it every two. You can set it for -- you can set it -- you don't have to set it for any amount, you could -- for example, if you wanted to make it 82,500 on January 1 of 2010, you could make it 82,500 and not do anything for the next two years and you could not do anything until the next Council two years from now would make a decision do we want to change it. Rountree: And that change could go either way. Nary: Yes. The change could go up or down. Rountree: Okay. Holman: And, Madam Mayor, Members of the Council, August 20th is the deadline for publishing the ordinance. Rountree: Madam Mayor, my comment is that I think that the full-timeness of the Mayor's position certainly is most evident. I don't disagree with the recommendation to increase the rate of pay. I'm not convinced that the -- the steps that have been recommended are the right ones, but I would like some time to think about that and I have the same opinion as Mr. Zaremba about City Council not here because of the pay. The compensation received at this point for this councilman is more than sufficient and I'm not either way. I would recommend that it stay the same for budget purposes. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree that I'd like to think about it more. Plus, we have also got our budgets coming -- the city wide budgets coming the 30th and the 2nd. So, while I, too, am one that the Council pay is sufficient forme and in these times it's hard to justify an increase, but I could certainly look at the Mayor's increase, but I want to look at the overall city budget before I say yea or nay. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council June 23, 2009 Page 17 of 57 Hoaglun: I, too, agree that the position of the Mayor is one that has increased in responsibility and is something that we need to keep up for the demands of the position. We are the third largest city in the state. The Mayor is the CEO of the city, its day-to- day management, hands-on management, and it's something that we do need to -- to have a salary that is in step with qualified people currently in office or in the future. We want good solid managers in that position and you have to have that salary to do that. In relation to the Council's salary, you know, I think all of us have been in positions and organizations where we served and you go to meetings and you work and I have to tell you I'm still surprised when our paycheck shows up for me. It's kind of like, oh, they pay me for this job. It's one of the few that you do that you do get a paycheck and it's -- and, again, as Councilman Zaremba said, you don't do it for the money and -- and there are a lot of hours and it can be demanding at times, but it is something that I think in light of the economic situation, you know, we should probably hold off for two years and see what happens. But, you know, that's something we can talk about and discuss and think about. I mean this is the first time I have read this document, so appreciate the committee doing that work, Bill, and they did a good job and that helps us, because it does impact us and at the same time if I don't come back after the November elections, whatever the salary we decide on, is whoever follows, that's going to be the salary. So, that does have ramifications down the road for future members of this body. Nary: Madam Mayor, if I could just say one more thing. The committee -- the committee's intent was -- their preference was the final numbers, the ones -- the second year number. But they recognize an incremental was probably more comfortable and palatable for folks. But their preference was the 82,500 and the 12,000. That was what they thought was most appropriate. But, again, they felt -- trying to balance all those things, that's why they slipped that into two -- two increases, rather than one. De Weerd: Council, I don't think there was any action for today. I think you do need to look at it as part of the budget and this was for your information, reporting back from the committee with their final meeting. Okay. 3. Discussion on Security Card Readers: Nary: Thank you. Madam Mayor, did you folks add the security doors or did you want that on the Monday meeting with -- De Weerd: It was part of the motion. Nary: For tonight. Okay. Madam Mayor, Members of the Council, you had asked us awhile ago -- we had looked at some security doors in the building that have -- do not have card readers on them. You asked us to prioritize them and to identify those and, then, bring back a number to you to consider. We did -- we narrowed it down to -- I thought I had the number. I'm sorry. We eliminated a bunch of them. We ended up with an amount that ends up being 38,163 dollars. That's to add reader doors on the women's locker room in the basement, the exercise room in the basement, the clerk's file room. The receiving interior door. That's the door off the loading dock here. Right Meridian City Council June 23, 2009 Page 18 of 57 now it only has a key entry and the only key right now for that door is the master key, so no one else has access through that door. Also the mail room. The access into the mail room is also a key lock only. This chambers -- the two sets of doors in this chamber. In the MUBs area, if you noticed, in the cash -- or the area where the public comes in to pay, there is a door there, it only has a key lock on it. They are concerned from the security standpoint of ,having to leave that door open or having to have somebody stand up all day to answer the door. There is an east corridor -- or there is a doorway on the second floor, the only door in the fire department that is a rear entry door, has a key and only the chief has the key to that and no other department has that. The attorneys -- our attorneys office waiting area, the Mayor's office waiting area, there are no locks at all in those areas and that was it. We took out about seven other doors, so we took out about 20,000 dollars worth of ones that we thought were not priorities. These were the ones that were still left and so we like your direction on whether we should proceed. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Bill, you said 38,000 and you took 20 out or is that 38 after you took 20 out? Nary: Thirty-eight after we took 20 out. De Weerd: Questions? Rountree: I have none. De Weerd: Okay. Rountree: If you're looking for a recommendation, I'd say move forward, get them done. De Weerd: Do you need a motion, Bill? Nary: Probably. I'd say Stacy would probably want a motion to that effect. Rountree: I move that we authorize the priority list for security door -- security card readers. Those doors stated by Mr. Nary in the amount of 38,000 dollars. Hoaglun: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. Meridian City Council June 23, 2009 Page 19 of 57 MOTION CARRIED: ALL AYES. Nary: Madam Mayor, do you want a break from me or do you want me to do changes to the open meeting law before you go to -- De Weerd: That was brave that you asked me that. Rountree: Before we -- I just -- back to the last item -- or prior to the last item. Take a message to the compensation committee that we thank them very much for the time they spent and appreciate the effort and I don't know that we have ever necessarily agreed with them in total on these compensation committees that I can ever remember, but we always take their information and use it in some fashion and without it we wouldn't know where to go. Appreciate the time and effort. Nary: I appreciate that. I will certainly pass that along. De Weerd: Thank you. C. Clerks office: 1. Update on Changes to Open Meeting Laws effective July 1, 2009: Nary: Do you want me to talk about open meetings? De Weerd: He just know how wordy you can sometimes get and -- Nary: I have no idea what you're talking about. De Weerd: I could leave after mine or -- Nary: Madam Mayor, Members of the Council, the open meeting law has been amended effective July 1st, but I think you probably may have had bad information as to what the intent of the amendment for -- and how it affects us. The intent of the amendments were to take the practice that exists both here and in other cities and make sure in the code it's supported. Many of the things that we do and other cities do don't really have any support in the code, but everybody does it that way. And so what they tried to do was to make sure the code matched up with that and also to the credit of the folks that helped write this, on both the Attorney General's Office, as well as some folks with AIC and others, is they wanted to make sure that there is a means to cure violations. You know, most of the things that -- there is four things they did. Three of them relate to executive session and -- it's predominately executive session and one relates to the agenda. So, let me tell you real quickly -- as quickly as I can -- on the amendment agenda -- or agendas and the amendments to the agenda. All agendas for regular meetings have to be posted prior -- no later than 48 hours prior to the meeting. Meridian City Council June 23, 2009 Page 20 of 57 That's the same law that exists today. Everyone amends their agenda. I know it drives you crazy and I know sometimes you guys find it imtating -- everyone does that. This doesn't change it. If you amend the agenda before -- before the 48 hour window, that's your agenda. Okay? So, what they are saying is I guess other people maybe post their agendas 60 hours or 72 hours before the agenda -- what the law says now -- the one that's -- the one that's posted 48 hours before the meeting starts, that's your agenda. Everything after that, between that 48 hours window and the moment you start your meeting, are proposed changes, which is what you do now. So, everything like tonight's agenda and any other meeting you have had -- other things people want to bring for whatever reason, you can add them to your agenda and what the recommendation from the Attorneys General's Office is is what you should say -- instead of saying amended agenda, it should say proposed agenda, because once you start the meeting you're going to decide what you want to hear and what you're not going to want to hear. You can add stuff, you can delete stuff, you can not hear stuff, you can do it anyway you want to do it. So, people can bring it to you at the last minute while you're running in here, they can run up here and say I've got this contract, we got to have it on tonight. You can put it on your agenda and you're done. It's fine. It's no violation. The intent was to, again, give you the flexibility to set the agendas the way you want them to be and that it wouldn't be a violation to the public if you brought something at the last minute, because until you have set the agenda and approve it at the beginning of the meeting, all that's proposed is what's proposed. So, you can do it any way you want. And if you don't want additions to the agenda, you don't have to allow them, but there is nothing in the law that prohibits them. The only thing about the provision that I think some of you heard is the good faith reason -- what the law says was you have to do all of this in good faith. Well, hopefully, we always do. What it says is once you start the meeting you have set your agenda and somebody says I forgot we have this agreement, we have to have this tonight, because it's tomorrow. Now they have to -- now you have to state it on the record what's the good faith reason that you have to do it now. You don't have to say why we could have done it sooner, just why do I have to do it right now, because once the meeting starts, the intent is the public's going to know if I show up at 7:00 o'clock and you set the agenda, that's what you're going to hear. If something else creeps in but after 7:00 o'clock, then, they are going to have to know why was that. But up until that meeting starts you can -- everything after that is proposed. Now, again, how you have informally done it over the years where you get authorization or approval to add these items to the agenda, that doesn't change, you can still do that. It doesn't .make any difference. It's just the law hasn't made it harder, it's trying to make it easier for you. Executive session. This is one -- you probably all were aware, because I know you have all been to these trainings, is they want to -- they want to make sure it's clear -- when they used to say in executive session that the law says you have to convey the general subject matter of the discussion, that doesn't mean anything to people. They don't know what they are talking about. So, now it says identify the purpose and topic. So, you have to specifically do what we already do, we already identify on the agenda what we are talking about. So, if they weren't doing that before, that's what they have to do. There is exceptions now or they are more specific on the exceptions, for example, when you are considering hiring people, you have to actually be considering hiring somebody. What people, I guess, have done and we Meridian City Council June 23, 2009 Page 21 of 57 haven't, but other people have done is they were talking about general openings and whether we had the budget money to go forward with that and they evolve their executive session from are we going to hire John Doe to why are we hiring anybody and why are we doing this and how much money do we have and it evolves itself into stuff that's not executive session, so what the law says now you have to be -- you have to be able to show you're actually hiring somebody for a specific job, not just a general discussion on finances. When you're talking about imminently likely for a lawsuit in executive session, there is a provision in that that says you have to, again, be -- you have to be able to identify what's imminent and they tried to narrow that down and ratchet that down, so that imminent isn't just somebody might sue us, but, actually, somebody's going to sue us. I mean there is a letter, there is a lawsuit, there is something more concrete. So, again, that hasn't always being done. The penalty's different. The penalty used to be up to 150 -- no, excuse me, it was 150 dollars for a violation. Now it says if it's a knowing violation it's 50 dollars. If it's known -- if you knowingly violate -- and it's liability. So, if you knowingly violate something it's 50 dollars. But -- and, again, this is I guess what the anticipation of the city attorneys would be -- is that you shouldn't have it, because they created a cure. If you did it wrong -- oh, let me back up one more thing. In executive session what happens occasionally is somebody will -- a group will enter executive session on one premise that's legitimate, hiring a public officer for example or disciplining someone and, then, it evolves itself into something else that still would be an executive session item, purchasing property or we are talking about hiring and now we are talking about firing. What the law says now, you have to come back out, amend your agenda, and the new item, which you can add, because it's an executive session, you can state your good faith reason why -- we just learned of this issue, we weren't aware of it previous to this, add it to the agenda, go back in executive session. What they don't want is they evolve into things that the public never knew you even talked about. So, that's another change to executive session. But, again, there is a cure. And so the city -- now the city attorney -- if you do this right -- when you do it wrong you can fix it. If you fix it, there is no penalty. And what you're fixing it is do you realize you did it wrong or if somebody else says you did it wrong, you need to do it over. So, if you didn't notice it up properly you got to rehear it. If you didn't add it to the agenda properly, add it to next week's agenda and you can fix it. You can fix it and if you fix it there is no penalty. So, it was trying to make it easier for elected bodies to be able to do their business the way they have been doing their business and to make sure that they don't get hung up and that's what I think a lot of other agencies have gotten hung up on occasion is we did it wrong, now what do we do. And we can't do anything to fix it. We do, then, we are going to be in trouble and, then, we will get a 150 dollar civil penalty and that's not going to be a good thing. You can go on the record, you can admit we made an error, we didn't add this properly, we didn't add this on at the right time, or whatever the violation is, we are going to do it over. So, once you do it over it's done. There is no penalty for that. So, there are some changes, it's probably not as significant as some people may have led you to believe, because I know that was some of the discussion prior to the AIC meeting. I reread the code tonight just to be sure I wasn't mishearing it and it's pretty clear to me, it's not meant to make it harder, it really is meant to make it easier. It's Meridian City Council June 23, 2009 Page 22 of 57 really meant to make it run the way you do it anyway, so -- do you have any other questions? De Weerd: No. It is kind of disappointing about the agenda. I do put you all on notice. No late -- unless they are an emergency addition. Zaremba: Madam Mayor? De Weerd: I know this Council is getting tired of it and I say that because I am. Mr. Zaremba. Zaremba: Just curious whether or not, even though we would be allowed to add agenda items, could we make a policy of our own that anybody that adds anything after 48 hours gets the very last item on the agenda? De Weerd: Now, that would be effective. Nary: The only thing I would recommend you not to do -- at our city attorneys meeting, the city of St. Manes has an ordinance that prohibits adding agenda items and it, obviously, must be very important to them. The problem is is it's not a lot of logic to creating an ordinance that only applies to you and it doesn't apply to anyone else. If you don't like it, you're just going to repeal it. You can set policy or standard any way you want, you can set guidelines, that's perfectly within your realm of doing that, but I wouldn't recommend you set an ordinance that the only person to be penalized is the Council themselves and that doesn't make much sense. Reasonably short. De Weerd: That's a great idea. Nary: Thank you. B. Planning Department: 1. Discussion on CZC Fee Clarification and Additions: De Weerd: Okay. Pete. Friedman: Thank you, Madam Mayor, Members of the Council. What we have before you tonight is a proposal from the planning department to reorganize and restructure our certificate of zoning compliance fee schedule to really accurately depict more the amount of time we are spending on certain planning approvals and decrease the amount of duplicate paperwork that we are going to be -- that we currently require for some of our tenants. Essentially we want to reduce the fees and the paperwork for tenants that are requesting a change of use if the building is currently in compliance with the city code. Right now there are two types of CZC's, or certificates of zoning compliance. One with the full-blown application and which is establishing a new use, we are looking at the building, and the site for code compliance and that costs 453 Meridian City Council June 23, 2009 Page 23 of 57 dollars. The second one is referred to as the certificate of zoning compliance with prior approval and which applies in the case where the buildings are there, they have gone through a CZC process or a CUP process and they are simply modifying the original site plans or are having a change of use within the building. So, what we are asking you to do is add another category for CZC's called the CZC verification, which would only cost 53 dollars. This allows a tenant to change the use of the building, with no exterior alterations, without supplying all the paperwork, site plans, and so forth that we typically require for a CZC. It would only be allowed if the building has an existing certificate of zoning compliance on file and if there is no -- the change does not trigger any other code requirements or physical site modifications. In addition, we are also requesting that we drop the CZC, the prior approval fee, down to 173 dollars to match the design review fee, thereby eliminating some confusion. We think it's an equitable change. It's just something that we have been looking at and trying to figure out how to formalize. We gave you about a three or four page memo on this, complete with a very detailed flow chart, but what I'd like to do is we have prepared an interactive change of use handout that we can use both for our staff and for our applicants to reflect what we were talking about tonight. So, if you will indulge me just for a moment, I'm going to use the Joe's building, which is now sitting vacant, and show you -- try to illustrate how this would apply. So, the first question we would ask is is it a legal use. Well, obviously, it is. So, is the applicant making interior changes only and, again, the answer is yes. Well, is the intended use the same. as previously existed and if somebody is coming for a retail use in that space and the answer is yes, go straight to building to services for you tenant improvement, your change of occupancy, no CZC modification, no CZC verification, anything like that. We are hoping this tool assists our clients and our staff in wading through the determinations on this. So, going back to the same building, back to Joe's. Is it an existing legal use? The answer is yes. Are they making improvements only to the interior and the answer is yes, but is it a different use than previously existed? If for some reason they are taking that space, which was once retail and now turning it into something different, like office suits or something like that, so it is no longer -- it is no longer the same use, so is there a certificate of zoning compliance currently existing for the building, the answer is yes. And are there any site modifications that are required? Well, in the case of Joe's the answer would be no, because the parking and the landscaping is there and so forth, there is no need to go through design review. So, all they would need would be this new CZC verification letter, which would cost 53 dollars and wouldn't require the amount of paperwork that we usually require. Right now, again, that would be a CZC modification for 187 dollars. That in a nutshell is what we are proposing. So, we are trying to cut down the amount of paperwork and some of the costs, if we are merely converting existing spaces for new uses and developing this slick little tool to help us all wade through the process. De Weerd: Where is the I don't know button? Friedman: That is the reset button right there and, really, the I don't know button is the use legal and the answer is no, then, you're back to square one and bringing everything to code. Meridian City Council June 23, 2009 Page 24 of 57 De Weerd: Council, any questions? Bird: It's a good program to me, Mayor. De Weerd: Mr. Rountree? Rountree: I have no questions, I just wanted to thank Pete and Will for putting that together. I know he just sits in the comer there and comes up with these neat little process charts and materials. So, good job. It will certainly help. Friedman: Thank you. I'll pass that on to him. I think he's working on a couple more of those, so I think we will be seeing more of them in the future. De Weerd: Thank you, Pete. Any others? No. Thank you. Friedman: Thank you. D. Police Department: 1. Weed abatements: a. Blaser properties Cheny / Linder $1,650.00 - b. 331 S. Malachite - $300.00 -parcel - c. 1513 Tourmaline $275.00 -parcel - d. 2305 Beatrice $250.00 -parcel - Total approval for abatements: $ 2,475.00 De Weerd: Okay. The next item is under police department about weed abatement. Overton: Good evening, Mayor and Council. Just a precursor to this about weed abatement, you will not see this in the form of a report or coming before you as a general rule. We thought this first one to kind of talk about the perfect storm that we are seeing this ,year, might be good to do it in person and explain where we are at. In further meetings and further abatements, you will see that we will submit the paperwork through the city. attorney's ofFce. Emily has the legal documentation and will actually come through on the Consent Agenda for all further abatements. So, do not feel that what I talk about tonight is how the process will be every week. We worked it out last year. The reason we are here tonight is talk to the chief and talked to legal about really kind of laying out where we are at, because we are seeing the perfect storm of weeds this year. Due to that tremendous growth we have seen we have a lot of ground, we are seeing a lot of not just people losing jobs, but losing houses and foreclosure, but we are losing builders and now we are losing developers and because we are seeing that we are seeing way more properties than we have ever had to deal with. Coupled with that a beautiful June has given us at least three times the normal rainfall, so our eight inches of weeds are running four to five feet tall and it's causing a tremendous amount of concern for us. We are running -- instead of dealing a hundred weed complaints, we Meridian City Council June 23, 2009 Page 25 of 57 are dealing with 500 to 1,000 and in one subdivision alone right now we are dealing with 130 lots and a developer who is in bankruptcy proceedings. It's made us challenging. We want to make sure that you know that we have got -- in fact, that is what we do. think weed abatement is the code enforcement right now, because that's literally 98 percent of our job. We have got these four tonight and I say it's a very fluid -- we passed onto the Mayor how our process works, how we go through identifying any and all possible owner of the property, the letters that we file to the property owners notifying them of the process and how soon and what we will do and what actions will be taken. What we didn't put really is kind of a syndrome that we call shaking the tree, because when we have trouble locating people, we call everybody and we just shake that tree and see what falls out and one of the attributes of that is it becomes very fluid on what happens. For example, tonight originally on Friday I had these four properties listed that we needed to have abated. As of today two of them have been abated. Now, we don't know who did it, because nobody answered our letters, no one answered our phone calls, but there is a mysterious person out there that's sneaking around abating some of these properties and we appreciate that. I wish we could direct them where to go next. So, tonight what I really stand in front of you to do is to notify you that we have got some big abatement issues coming up, we will come in front of you on those. I mean if you have to do a development of 130 properties, you can imagine what the cost would be. We are working -- we have a representative from legal and from code enforcement going to their homeowners meeting, trying to work out a solution that does not involve us abating those properties. The homeowners association has the ability to abate and file liens, they are just worried their legal people are telling them if they do that right now and it changes hands, their liens are no good. So, they are in a little bit of a position as well. So, tonight I'm asking for permission, if you will grant us the ability to abate -- unfortunately still the most expensive one on the list, which is A, the Blaser property, which is three parcels at Cherry Lane and Linder, which is very obvious to certain people sitting on the Council as they drive home every day. And C, 1513 Tourmaline, we have a situation there where the residence -- the resident is going to be occupied in a structure to the south of town for a little while longer and they can't take care of their weeds. So, we need to take care of that one as well. So, the total tonight corrected as of this afternoon is 1,925 dollars. So, with that I stand to answer any questions. I also have a note just to head off a question I was warned about this afternoon. I will be getting in touch with someone about some weeds backing up to property and we will do that tomorrow and make sure that's already on our radar. With that I'll ask if there is any questions we can answer. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: How long does it take when weeds are reported to get some action, lieutenant? Overton: Well, if -- Meridian City Council June 23, 2009 Page 26 of 57 Bird: Do we have to go through a -- writing a letter to the owner and, then, waiting, so -- giving them so many days or something? Overton: Because we are compliance based we don't pull enforcement out as our first tool. We seek to get communication with the landowners or the lenders or the owners, landlords, whoever, and see if we can get that repertoire going to get that handled. Many of these will strike up a conversation with somebody and have promises made. I bet I have 20 properties right now that they are working on where we have been promised and promised for over a month I'm going to get that done next week and we have to say, you know, we can't play anymore, then, we go through with the letter that we had designed by legal and file letter to them, which really only gives them -- I believe it's another five days after that and, then, we can bring it through you. After the five day letter is expired we, then, get our bids on abatement and can bring them forward and part of what we have been going through and part of the reason I'm here is we have had a very very good success rate up until now. I mean all the properties we abated last year we -- we even got the state of Idaho to abate one of them, because they know they are going to own it and we thought it might be in their best interest and they bought it. Fantastic. They did it. Department of Health and Welfare abated a property. It will never happen again. But the fact that they did it was great. So, everything we did last year we managed to get abated this year without having to come in front of you. The problem we are running into now is what we have left is probably going to be a high percentage of abatements, not getting them done. Bird: We got a real problem out at -- on the sidewalk out by Heritage Middle School. There is a sidewalk there, but you can't tell it. And kids this spring -- and I should have paid attention sooner -- had to walk in the road, because they didn't want to walk through a weed patch to get -- Overton: Yeah. We can add about 20 to 30 more sidewalks just like that around town. We have got parts of pathway we are dealing with in Southern Springs right now where we have had to go back and get agreements with planning to determine who is responsible fora 14 inch swath of weeds next to our beautiful pathway. Bird: Can I ask another question, Mayor? De Weerd: Uh-huh. Bird: And Bill might have to answer this, but if you do it and file a lien, he said something about the lien don't go if it changes ownership? I thought the lien went with the property and before you could change ownership it had to be cleared. Nary: Madam Mayor, Members of the Council, the lien would run, but what I think John's talking about is -- it's not as fast or easy a process. I mean it's still a lawsuit to file a lien on someone's property, because we are the government and that's why we encourage the HOA's to do it, because through their CC&Rs they can do that, they can assess special assessments, they can file liens as part of their homeowners Meridian City Council June 23, 2009 Page 27 of 57 association, whereas we have to file a lawsuit, get a judgment, then, file the lien for that. So -- and, again, you got an absent owner who is already broke, who -- even, then, is still --Imean it doesn't cost us a great deal of money and time, but it does -- it just adds more money and time on the time that they have already spent on the enforcement piece. So, it's not something we can't do, it's something that -- it's not as seamless as -- or as easy as we would like it to be. Bird: And I agree that the homeowners association would be the best to do that, don't get me wrong, but I probably misunderstood him, I thought he said that it don't go -- even the homeowners association attorneys were not wanting to do it, because it didn't transfer with the properly, but having been in the business that had to file liens once in awhile, I can assure you it goes -- sometimes you don't get your money. Nary: Well -- and, Mr. Bird, I think part of what you're talking, though, too, is materialman's liens are different than judgment liens and that's -- and that's the difference. A materialman's lien like what you've experienced in your line of work, because, essentially, the product is attached to the ground, is the reason why it runs with the land. These others will run with the individual, because that's who the judgments against, if you can get a judge to agree to attach it as a lien on the property, then, that -- and that's what I think they are talking about is that -- it's a different type of lien, so -- and because with the government we have to go through all of those steps to do it, so that's again -- it's a little more problematic. The most difficult one, which I think people have this misunderstanding, is that we can get a tax lien and get the assessor to collect it. We can't get them to collect for this. We can get them to collect for taxes. De Weerd: I guess, lieutenant, my concern is traditionally this was taken care of through homeowners associations. I don't want to be the homeowners association and I don't think the taxpayers should, you know, put that risk out there. Now, for the larger ones or the vacant owners, I -- you know, I don't know how best to even say there should be a priority order to some of these. We just need to be cautious that it doesn't become the city is now one big giant homeowners association. So, that would be my concern. Overton: Yeah. We don't want to do that either. Our budget is -- as you know, 2,000 dollars and I'm asking for 1,925 and telling you this is just the tip of the iceberg. We don't want to go there. We are going to try to limit this as much as we can. Nary: Madam Mayor, Members of the Council, Imean -- and we have said the same thing, too, from the legal department. Imean that's not the message we think is appropriate for the taxpayer. If the city was just in the business of cutting weeds, everybody would let us cut their weeds. That's not the -- that's not what we do and that's why we really do try to work hard with code enforcement and we do get a significant amount of voluntary compliance, it's just that there is a point in time where we can't continue to rely on that and we have to get to this step, so -- De Weerd: Well, I know I'm the first one to call, so -- any other comments? Meridian City Council June 23, 2009 Page 28 of 57 Rountree: Madam Mayor, just a question for the lieutenant. You want an action from us this evening or just a nod of the head to go ahead and do what you're doing? Overton: What action I need is whatever will make the attorney happy. If that's a nod of the head, then, we will get -- we can go forward with it. I just need approval on A and C. Nary: Madam Mayor, Members of the Council, John had asked this question earlier today. Our ordinance is written in way it requires you to authorize this specifically, that's why it's in front of you. So, you do need to make a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we authorize the expenditure for weed abatement for the Blaser property at Chevy and Linder and 1513 Tourmaline in the amount of 1,925 dollars. Bird: Second. De Weerd: I have a motion and a second. If there is no discussion, Madam Clerk, please call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Overton: Thank you. Item 7: Items Moved from Consent Agenda: De Weerd: Thank you. Item 7, there were no items moved from the Consent Agenda. Item 8: SSC Update and Final Public Comment: De Weerd: We will move to Item 8, which is SSC update and final public comment. Mr. Sedlacek. Sedlacek: Thank you, Madam Mayor, Members of the Council. We were last here on May 19th and we, I believe, began a public hearing on converting the city to an automated collection system for recycling and solid waste. At that meeting you requested that we develop some sort of a rate structure based on a number of assumptions that we don't know if it will occur or not, but just to put our arms around what this might look like in 2010 as far as the rate structure goes. I presented you guys Meridian City Council June 23, 2009 Page 29 of 57 with a memo with that information. I can go through it tonight if you'd like. I don't know -- I have got just a summary of it up on the overhead if you'd like to talk through that or we can just open this up for open public comment or you can ask me questions, whatever your pleasure might be. De Weerd: Steve, if you want to give a summary of comments to date and where you're at and, then, the public will have more to comment on perhaps. Sedlacek: Okay. Well, where we are at is -- we are prepared to -- basically the schedule that we discussed is that we convert the recycling to a commingled recycling system this fall. It's looking like we can do that in October. I have ordered a number of trucks, so I hope this goes through, and -- we can cancel the order if we have to, but -- we would, then, convert the solid waste collection next spring to automated collection and this would allow homeowners to try the recycling system, understand how automated collection works, and get a handle on how much waste is left over in their -- in their personal residences after they recycle. So, kind of a learning tool. The recycling piece would not cause any rate change. The landfill fees will be going up this fall and discussions with Ada County, I asked them for a range of possible numbers and they said from zero to 40 percent. So, it's probably closer to 40 than zero, but I don't know the number and I'm sure I won't know if for awhile. I did do a look at the consumer price index, which is what our costs are pegged to, and found out that the consumer price index is going down. Deflation is occurring. So, what that means to me is my portion of the structure will go down in October, assuming that the trend I see in May continues in June, which -- now, it hasn't changed that fast, so probably going to be a bad thing for me and a good thing for the customers. That's what was discussed in the rate memo. Can we technically see it real quickly or not? Rountree: Well, probably ought to. I have gone through it, so -- Sedlacek: Okay. Basically, the current rate structure is 13.45, if you have your own cans. Unlimited collection. Weekly collection. That includes recycling. And this is -- I break this out just as I do every year for you in the memo and I gave you in August for the October rate change, some of it goes to the city for franchise fees, some the county, and some to Sanitary Service, which is both recycling and solid waste collection. And -- how do Imake this thing go forward? Friedman: I can do it for you. Sedlacek: Okay. Friedman: Maybe. Sedlacek: October 1st -- or we can just slide the bar down it. Friedman: Now you're getting ahead of me. Okay. Meridian City Council June 23, 2009 Page 30 of 57 Sedlacek: There we go. If you would -- what I have done in the summary is I have just said let's look at the 40 percent rate increase. In your memos you have got a zero percent rate increase and a 40 percent rate increase and pretty soon we are talking about too many things and it's too confusing, so let's just talk about the 40 percent one to the landfill. What you will see is the $13.45 becomes 14.71, it's about a buck and a quarter rate increase. And, then, the 2.88 cart renter becomes 2.88, because we had to decrease that cost by probably about one percent. So, the rate that was 16.33 is now 17.56. So, basically, everybody's rate in October is probably to go up about a buck and a quarter. Okay? Nothing we can do about it. Of course, we will modify this memo and get it to you in August when we know -- I suppose -- I hope we will know the county's landfill numbers. So, let's talk about -- so, let's assume it's next spring and we want to convert to automated. How do we do that? Well, we take the landfill fee, which is 4.47 per house per month and we put it right in the center of this matrix and say that, you know, that's what -- that's purchased for the average homeowner two garbage cans a week, 64 gallons of waste. We, then -- well, of course, we add our cost, 9.35, that's the same. It cost me $9.35 to get to your house twice a week, basically, and pick up recycling and garbage. We had the disposal -- now, we have a cart number in there for a dollar, basically, Sanitary Services receives money now for carts and we will need to cover that cost in the future. We will have two carts at every house. If you assume that the carts cost about 50 dollars each, they will last about a hundred months, 50 cents a month for a cart. Now, that's just the principal. If I have to get a loan that doesn't include any interest charges. So, it's a little bit of a low number forme. But it's from my capital. Okay? And, then, your six percent franchise fees varies, because the total varies. And so the rate that was -- you know. So, the rate that was 14.71 up to 17.56, now ranges from 13.39 to 18.15, approximately -- the range has gotten wider. We are charging more for people that throw away more, less for people that throw away less. Will people's rates go up and down? The answer is, yes, they will do both. Some people's rates will go from 14.71 up to 18 dollars, so you will have to get a 95 gallon cart, because they don't want to recycle or they have a big family or they like to mow their grass and throw their grass away. I don't know. Some people will find that -- a majority of the people, actually, in the city will rent a cart and they pay 17.56. Well, they are going to be able to rent a smaller cart for 15.77 and save two dollars -- about a buck eighty a month. That's a great deal. So, I don't -- everyone will have a different story about whether this is good or bad. You will either love it or hate it, that's for sure. I don't mean to be flip about the cost, you know, it just sort of is what it is. This is how we would divide up the landfill fees to be a volume -- to be a base volume based billing system. Okay? Just sort of mathematically. So, in our public presentations we talked about a range of about 18 dollars fora 96 gallon cart, it came out to be 18.15. The 64 gallon I thought would be about 14 dollars, it's 15.77ish. Of course, these numbers are subject to change based on what happens. So, I was close. I wasn't quite perfectly accurate, but I thought I did a pretty good job, though. One thing to remember is we are not going to advertise the 32 gallon can size. We are going to advertise the 64's and 96's. We can't have too many people picking the small can and, then, not liking it and sending it back. The cart purchases alone will cost us over two million dollars. So, I can't have too many of those returned to me. The 96 gallon ones that they get returned to me, I can reuse those as recycling carts as the city grows or we can change the lid Meridian City Council June 23, 2009 Page 31 of 57 color to be -- move it from a garbage can to a recycling can. We are going to have them interchangeable with different -- with just buying different lids. Right now we are going to have green garbage cans with green lids for garbage and green garbage cans with red lids for recycling. Red recycling, green garbage. That's my theory. So, that's where we are at and do you have any questions? De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Steve, the recycling can will be a 64 gallon? Sedlacek: It will be. There are some people who may not be able to get by two weeks with a 64 gallon can. Now, we would be happy to give them a 96. Rountree: And that comes with no fee? Sedlacek: That's correct. Rountree: Okay. Hoaglun: Madam Mayor? Yeah. If I can follow up on that. Recycling will be once every two weeks and garbage is still on once ~a week, but recycling once every two weeks will be picked up; correct? Sedlacek: Yes, that's correct. We will be switching to bi-weekly -- it's -- we have to do that, because if we drive by 1,000 homes and pick up half full cans it's really inefficient. We'd rather drive by 500 homes and pick up full cans and that's -- that's really it for us. We -- to make this work financially that's -- we have to do that. Hoaglun: And, Madam Mayor, I wanted to ask about the bag tags. That seems to be -- of all the comments I hear, what do I do with my grass clippings, et cetera, et cetera. In your memo I didn't see anything about in the past you talk about, you know, if you get a 96 gallon, whatever you can put in that thing you can -- and close the lid, it was in. With the bag or -- bag tags or whatever you want to call it, what's the process for that? Do they have to be in the -- they will have to be outside the container, but are there any other stipulations or how will that work? Sedlacek: Madam Mayor, Members of the Council, and Councilman Hoaglun, we have a rate proposed on the bottom, last paragraph of the memo, 75 cents a tag. I have gotten that by taking the 32 gallon can rate, dividing it by four, you know, it's about -- it's about 60 cents a week fora 32 gallon can for disposal and, then, I'm going to have some idle time -- I got to get out of the truck and throw it into the cart. So, it's about 75 cents my cost. So, what -- to do that what we will have to have is some procedure to Meridian City Council June 23, 2009 Page 32 of 57 come and purchase the tag. I assume that we will purchase them at City Hall and since the city has always been the handler of the money, you send out the bills and handle all the money, that you would continue to do that. You may choose to have some sort of a system where you could buy them at D&B Supply or Sanitary Service or some other place. How we control those tags and missing tags and, you know, that kind of thing, is something we would have to work through. I'm hoping also that people could call into the city, if they don't -- can't make it down here, call in and identify themselves and have it put on their bill, their utility bill, and sent to that address and charge it on a Visa card maybe. No? De Weerd: I can hear it already. You haven't talked with finance about the tag system? Okay. Hoaglun: But Madam Mayor -- Sedlacek: We would be happy to sell the tags -- just if I could interrupt just for a minute. I'm sorry. We would be happy to sell the tags, we can take Visa cards over the phone, and send them where ever they want. You would have to trust us that we will are reporting to you how much revenue we receive, so that we did the franchise fee properly. We can do -the tags will be serial numbered, so we will know, you know, if there is missing ones or if there fake ones out there that people are trying to gin up on their color copiers and that kind of thing. De Weerd: Problem solved. You got it. Sedlacek: Okay. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: The bag tag would be tagged on a specified size and kind of bag or size and type of can? Sedlacek: What I have proposed in the last paragraph is that it be in a bag or a can. Rountree: Weight restricted? Sedlacek: Well, they are all weight restricted now. A bag is 35 pounds and a can is 65. So, actually, you know, if you're a homeowner it's better to put it on a can. There is -- mean (think Boise is going to be charging a dollar for their tags, but they are going to be giving away five free to every homeowner. At least in the beginning to get people used to it. I'm not sure I want to give out a lot of free tags, but it seems like a 75 cent per tag rate is pretty reasonable. You would also have the option to -- as a homeowner if you were -- had a steady flow of extra weight, you can rent a second 65 gallon -- or 64 gallon can or 96 gallon can and keep it for a number of months through the summer if Meridian City Council June 23, 2009 Page 33 of 57 you want to do that, that would be easier. I'm hoping that people will mulch their grass, rather than just continue to throw it away. And grass is the biggest problem. I mean that is the problem. Hoaglun: I think, Madam Mayor, the solution about it, if they realize that mulching blades do work and they don't have to be collecting that up, but -- and, then, that's a question I know in the fall, Steve, they were, there was some discussion about some homeowners about their leaves and so they could rent another container and have that picked up once a week. They may not get rid of them at one time, or they could rent or buy the tags -- is that kind of how you envision that to work in the fall? Sedlacek: Councilman Hoaglun, in fall leaf collection we are going to be providing a free leaf collection for two weeks, as we do now. Actually, it's a one week collection now, we are going to extend it to two, and we will also have free leaf drop off at the transfer station for the month of November. So, if you can get the stuff in a paper bag to us, you can get it to us for free if you bring it to us, or for the two week period we will pick it up on the curb for free. The issue with renting carts, we are going to have to be careful about. I don't want someone renting a cart because they are having a party and, then, I have got to deliver it and, then, pick it up in the next week and, then, redeliver it -- you know, that -- unless we have delivery and redelivery charges, that would be okay. Typically you don't do that, you would tell someone if you want to rent a second cart you have to keep it for, you know, four months or something like that. Some period of time to avoid a delivery charge. So, we are getting into a more complicated system where we have to keep track of toter carts and what people are doing and what carts are where. So, we are automating our system, but more difficult to track. Hoaglun: And just to follow up on that, Steven -- and I think that would work, where you're offering -- extending it two weeks, although the one homeowner -- I was at a meeting and, you know, Sycamore -- he's explaining Sycamore trees fall later in, you know, November, et cetera, et cetera. What is the process, then, for getting the word out to people about this. I assume the city's going to be involved in that, you will be involved in that. Do we have a marketing plan, if you will, to make citizens understand what the changes are? Sedlacek: We have put together a public out reach plan and that is the key to success. It is the central issue, really. Particularly with regard to recycling being every other week, you know, people are going to wake up on their trash day and not -- are they on week A or week B and which week is it and that kind of thing. Did I put it out last week? I can't remember. They will have to call their neighbors. Or go on the website. It's got to be a multi-media issue where we have intemet -- we have to have some sort of intemet map so you can look up your -- where you are in the house and check a calendar and see if it's week A or week B this week. That's easy enough to do. We need to send out fliers to people, we have to do it through the -- through the newsletters. When we hand out the carts we are going to have to have all that literature with the cart, hooked onto the handle somehow. And the companies that produce and manufacture these cart have all that information, we can get that from them. I don't Meridian City Council June 23, 2009 Page 34 of 57 know if we want to go to the point of, go that distance. It is somewhat environment we are in who -- how frustrating. you know, TV spots and radio ads and -- we can frustrating to figure out in this fractured media do you get information to the public. It could be Hoaglun: Thank you. De Weerd: Okay. Anything else from Council at this point? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: A question on the can tag -- actually, about the cans. I understood your explanation earlier about the bags, because the way they would be done is that the homeowners regular can would be dumped and, then, when it came back down the operator would have to get out of the truck and put the bag into that can, which would, then, be dumping it. How do you do that with a can? Sedlacek: You just take the can you dump it. Zaremba: Empty it into -- Sedlacek: Empty it into the larger 96 gallon can. Yeah. Zaremba: Okay. So, your people are going to have to lift some nonstandard cans and -- Sedlacek: In the very first -- in the very first public meeting that we had at Sanitary Service, I was proposing that we not do tags and just say it's got to be in the can, because I don't want to have -- one of the issues with this conversion is we don't want to have injuries, which if we get out of the cab and start lifting something, we are going to have. But there is so much comment about what do we do with all this extra stuff that we have to have some mechanism to do it, it's -- it's an impertect solution to this issue. So, this is sort of where we are landing if you want to move this way. Now, one thing about the can that we need to be very clear about is you can't have your lid open on your can. What you're paying for is that can with the lid shut and that's what you get. And if you have extra you need to smash it down more in your can, I guess, or buy a tag and put a bag out or tag your own -- personally owned can, your 32 gallon can. So, we are going to have to be somewhat mean, difficult with some customers who just throw stuff in there and the lid's half open or all the way open and we are going to have to figure out some mechanism, either we are not going to dump the cans, which is going to cause a problem, or we are going to have to -- I don't know, in some cities they charge you a dollar or something. I don't know. Well, then, how do we prove the can was open. Well, then, we have to take a digital photo of that house. Well, then, the homeowner says, well, that's not my stuff in there, my neighbor put that in there. There Meridian City Council June 23, 2009 Page 35 of 57 is going to be issues. You're going to get phone calls about this. It's not as clean as unlimited collection, but it's going to take some time to get everyone understanding the system. We are moving from an imperfect system to another imperfect system. Zaremba: All right. Thank you. Just a comment on what -- the charge for the tags. I would suggest charge a dollar each, but six for five dollars, something like that. Sedlacek: Bulk discount. Okay. I like that. Hoaglun: Council President? Rountree: Mr. Hoaglun. Hoaglun: Just a follow up on -- I did have one other question on the tags. If someone wants to come in they are going to be coded, they are colored, or different things like that, if they know they are going to be cleaning and they are going to have a lot of stuff, but it's going to be multiple weeks and they want to come in and buy them in bulk, can they do that -- I mean will that work with the system that you're looking at for -- they put some out one week and, then, they have got some they want to put out the next week, that would be okay? Sedlacek: Absolutely. Councilman Hoaglun, the tags are good forever. Hoaglun: Okay. Sedlacek: So, they are not time stamped or good for 30 days or anything like that. assume what we will do is we won't sell them anything less than five dollars increments, would be my guess. I doubt someone's going to come in and buy one tag for a dollar or whatever. And, then, if your neighbor needs one, you can give it to your neighbor or use it one a month for six months. Hoaglun: I think you just helped me out on my Christmas list. Rountree: Further questions? Thank you, Steve. We are taking public comment this evening and I have signed up Edward Dunns. Denis? There is no indication how to pronounce it, so come on up and and give us your name and address, please. Denis: My name is Edward Denis at 2887 North Fieldstone Way here in Meridian. 83646. First I have never been here to one of your Council meetings, so I'm not sure exactly how this works, but -- can you folks hear what these guys are saying? It's your volume or something, because you guys mumble. I can't hear what the hell you're saying. That's just an aside. But maybe I'm here on a mute point, because I'm here because of the trash guys. I'm not convinced Meridian city is serious about recycling. Maybe now with these bins or something, maybe there is going to be a change. But where I have a real problem -- I'm one of these guys with a Sycamore tree and those leaves don't come down until November and December and January, and these two Meridian City Council June 23, 2009 Page 36 of 57 weeks of free leaf pick up don't help me at all. I had 25 bags of leaves accumulated that I took to the landfill, because I want to do my part in recycling, I could have thrown them in the bin. Drove to the landfill up there at Ada County. But I'm trying to do my part. They got 26 bags of leaves, I used my time, my truck, wear and tear on my truck, my gas, and they have the audacity to charge me 13 dollars to go in there and dump it. I ripped out part of a fence this past spring, 150 feet of new fence, took all the old stripped cedar boards, I could have cut them up, put them in the bin, but, no, I put them in my truck, hauled them to the transfer station there to recycle them. They got gins out there to put this stuff into -- 15 dollars I had to -- why should I have to pay for something -- I'm trying to help out here. That should be a free service. I'm taking trash -- yes. There should not be a charge on that. And even with these new bins, if I get a lot of stuff, I don't want them sitting around my house for two or three weeks, I want to get it out of there. My house is neat. I want to keep it that way. I'll haul it, but there should not be a fee like they are charging. How you -- how you can agree to that I don't know. I mean I understand these fees are going up and I hope you will do a better job of notifying the homeowners about their fee increase requests, as opposed to how you did on the sewer increase and the water increases, that was a shame. We were blindsided by that. But I just wanted to make my feelings known that I should not have to be paying -- I'm paying their monthly fees as it is and I'm trying to do my part to help recycling. That's the big thing right now is recycling. Joe Green. Don't charge me twice for when I'm trying to help out. Okay? Rountree: Thank you. Denis: Thank you for your time. Rountree: Anybody else wish to provide comments this evening? Please. Your name and address. Green: My name is Diana Green. I live at 1520 West 1st and I would just to like say that for being in California in over six years ago, we lived in a community where the city was -- had pressure put upon them to start recycling, because they are running out of places to throw garbage and so, of course, they passed that onto us and they said, you know, we could not have an extended -- you know, all the cans we wanted and it was amazing how motivated we all got, you know, from whining and complaining, we got very motivated, so it's the point after awhile you start being a real recycled Nazi, you walk around the neighborhood and you go, uh, look what they are throwing away, you know. And so you get really really motivated. I think it's a good thing. I can't wait to have the commingled recycling -- I mean, you know, I guess my life's not exciting, but it really is turning out to be. So, we do have neighbors that have -- I want to say a bajillion -- but six or seven cans, things hanging all over them, and if they had to pay more for their garbage I think that they would get motivated, too, to start thinking about what goes where. And it's just a responsible thing to do to recycle. And I know we have to pay for recycling here and there is things to whine about, but it was just -- I think it's a good thing to do. Meridian City Council June 23, 2009 Page 37 of 57 Rountree: Thank you. Anyone else want to make a comment? Madam Mayor, you can take it back. De Weerd: Okay. You were doing such a good job. If there is no further public comment -- Mr. Sedlacek, do you have any final wrap-up remarks? Okay. Council, any questions for staff or SSC? Hoaglun: Madam Mayor, just a comment to address one issue raised. I know -- and this is kind of for Public Works and staff, Iknow -- I think we are still working on plans, looking at down the road of doing some leaf recycling, some sort of program, we have got to find a space, we got to go through that process, but that is something that we are working on; is that correct? Radek: Madam Mayor, Mr. President, Council Member Hoaglun, I am not prepared to speak to that. I think Mr. Sedlacek might have a little more knowledge, because I know he and Mr. Bany had been talking about trying to get some composting going and they have been working out some numbers, but I'm not sure how far they have gotten. De Weerd: I think it's just still on the talk stage. Very early. So, it is in discussion and we do hope to move in that direction. Hoaglun: Great. Thank you. De Weerd: There is obstacles, though. Hoaglun: Of course. De Weerd: Council, any other questions? Rountree: I have none. De Weerd: Okay. Well, we did hold this public comment period open until tonight. Mr. Nary, procedurally what -- what are the next steps? Nary: Madam Mayor, Members of the Council, I think what we had talked about initially is some vote of this Council to move forward -- if the desire is to move forward with automated collection, I think what's proposed in the memo from SSC again is to begin the -- the recycling portion in October, to, then, begin the automated trash collection in the spring. If that's your direction, because of the commitment that's necessary as to the capital to be able to fulfill that, the desire was to have a vote of this Council, if that's the direction you want to go, so they have assurance that when they are ordering all these trucks and investing this additional capital, that they have some assurance that that's the desire of the city in moving forward. So, some direction from this Council, a motion and a vote I think would be appropriate to go forward. Meridian City Council June 23, 2009 Page 38 of 57 De Weerd: Thank you. I guess, Mr. Nary, or Ms. Clerk, do we have an open public hearing or this was a public comment period? Nary: This was just a public comment period. De Weerd: Okay. Well, Council, I will look for your direction. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we authorize SSC to move forward with the recycled pick up program starting in October and phase in the automated collection system falling that date, possibly in the spring, but as the system and the bugs are worked out, hopefully, by the end of the summer next year. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. De Weerd: I guess I would ask Mr. Nary and Mr. Sedlacek if we can work on drafting a letter to the county regarding the landfill rates and I do know in talking to Commissioner Tilman, who is the chair of the commission, that they don't anticipate a 40 percent increase, they have asked their landfill director Mr. Neal to go back to the drawing board and bring back different numbers. And so we hope to see that remain as flat as we can until these new programs and those that use less pay less and to reward those that recycle and those that dispose of more will cover more of the cost. So, I would, though, like that probably from the Mayor and City Council, but since you have the details and some of the background information, let's -- let's get together and write a letter to the commission to support their -- their interest in -- in zero or lower impact. Bird,: Madam Mayor? De Weerd: Mr. Bird. Bird: Steve, also -- and you've done a great great job -- do a little better job than we did with the rate increase in our sewer and water. Please get this out ahead of time explaining it for us not clear citizens, so that we all get clear on it, if you would. I'd certainly appreciate that. Meridian City Council June 23, 2009 Page 39 of 57 Item 9: Continued Public Hearing from June 9, 2009: AZ 08-015 Request for Annexation and Zoning consisting of 15.05 acres from Ada County RUT to C-G (General Retail and Service Commercial) and I-L (Light Industrial) zones for Fianut by Ronald Van Auker -west side of South Locust Grove, north of East Overland Road and south of I-84: Item 10: Continued Public Hearing from June 9, 2009: RZ 08-009 Request for Rezone of 1.69 acres from C-G (General Retail and Service Commercial) to I-L (Light Industrial) zone for Fi nut by Ronald Van Auker -west side of South Locust Grove, north of East Overland Road and south of I-84: Item 11: Continued Public Hearing from June 9, 2009: PP 08-012 Request for Preliminary Plat approval consisting of 6non-residential building lots and 1 other lot in a proposed C-G and I-L zoning districts for Fi nut by Ronald Van Auker -west side of South Locust Grove, north of East Overland Road and south of I-84: De Weerd: Okay. If there is nothing further on this item, we will move to Items 9, 10 and 11, continued public hearing on AZ 08-015, 08-009 and -- RZ 08-009 and PP 08- 012. I will open these public hearings, though continued, but we haven't received any presentation or public comment on them, with staff comments. Friedman: Right. Thank you, Madam Mayor, Council Members. We are actually now going forward with the hearing tonight after numerous continuances and Bill will be giving the staff presentation on this. De Weerd: Thank you. Parsons: Thank you, Madam Mayor, Members of the Council. As Pete said and as you stated so eloquently, this is an annexation and preliminary plat and rezone for the Fignut project, located on the west side of Locust Grove, north of Overland Road, and to the north is bordered by Interstate I-84. Surrounding the property to the east is I-L zoning and C-G zoned property currently vacant. Also the northwest pipeline station there where my arrow is, we annexed and zoned that into the city in 2006. To the south of them is the Maverick gas station and Sportsman Subdivision, zoned R-4, and to the east we have a child care center and a Pack Ahead Subdivision, which is also vacant commercial land, and as I stated before, we have the interstate to the north and Jabil Subdivision zoned C-G. This is an aerial of the site. Currently it is vacant land. There is an existing home on there, which the applicant uses to generate income as a rental property and that condition has been changed since the Planning and Zoning Commission and I will brief you on that later in this presentation. Here currently is the annexation boundary. It is currently approximately 15.08 acres and, then, of course, the southeast comer here we have some -- preliminary plat boundary, which is 16.78 acres. The reason for the discrepancy is that you can see along the north boundary and a portion of the east boundary some of that has been zoned already into the city. So, that's why the plat acreage is larger than the annexation acreage. So, here is what the Meridian City Council June 23, 2009 Page 40 of 57 applicant is proposing. Again, this is annexation and a preliminary. This has changed a little bit from the Planning and Zoning Commission hearing. When staff presented this to the Commission at that time the applicant was proposing seven lots and the plat before you tonight is proposing eight lots, seven being nonresidential lots, four of them being zoned C-G and three of them being zoned I-L. The dividing line is pretty much east there, by the way, which is the east -- west and east local commercial street that the applicant is proposing to construct and the C-G zone also on the side of South Fignut Way, which is the north-south local commercial street that they are proposing to construct with the plat. The reason for the change, at least from what happened at Commission, and what's before you tonight, is primarily -- if you follow my arrow here, Lots 2 and 3 were originally zoned -- proposing to zone I-L and because of the provision in our UDC, it required where you have industrial zoned property adjacent to nonindustrial uses, the UDC requires a 25 foot land use buffer and after talking with the applicant and meeting with them, they had some reservations about that and they thought that was a large landscape buffer for what they were proposing for the property and they weren't sure what would happen on the C-G zoned lots, which is Lot 1 and Lot 4, the lot along Locust Grove and the lot proposed along Overland Road. And so staff had recommended at the meeting after the Planning and Zoning Commission met, they just go ahead and split those lots and just zone it C-G to kind of get away from that requirement and move forward, because the northwest pipeline is zoned C-G, but it has more of an industrial use on it -- occurring on the property. The applicant wouldn't be required to put in a 25 foot landscape buffer. So, they were in agreement with that. However, with Lot 2, with my arrow here, it's C-G zoned property, which is vacant at this time. Also, with the application the applicant is proposing altemative compliance, because of an easement that encumbers a good portion of the plat and along the west side of Fignut Way the applicant had to go through the altemative compliance process, because they aren't allowed to plant the required trees within those areas, because of irrigation -- the Nine Mile Creek running through that area of the property and the irrigation district will not allow trees within the easement. So, the applicant has proposed something different. So, moving forward to the landscape plan, that was the other hold up for all the continuations, the applicant was trying to get a letter from the irrigation district stating that there was insufficient imgation water in the area. That did not happen, so the applicant will be required to build a pump station and provide irrigation water to the subdivision. Basically, the primary change from this landscaping plan to the one presented at Planning and Zoning is rather than having lawn along the 50 foot landscape buffer along the interstate and lawn within the area of belonging -- encumbered easement areas, the applicant is proposing to use native grasses, some drought tolerant plants, rather than your typical green lawn. The interior landscape buffer along East Bird Dog Drive on both sides and the east side of South Fignut Way, will be lawn and trees as required by code or proposed by the applicant in compliance with the code. I did provide some examples for you as far as what these native grasses would look like, so this is some of what the applicant is proposing to go along, again, I- 84 and, of course, that common lot along South Fignut Way and, then, along Lot 2, Block 1. So, the Planning and Zoning Commission recommended approval at their March 5th hearing. Speaking in favor at that hearing was Ron Van Auker, Junior. No one spoke in opposition. No other person commented. No other written testimony has Meridian City Council June 23, 2009 Page 41 of 57 been provided staff since the Planning and Zoning Commission. Key issues of discussion with that hearing -- one was cross-access between the Maverick C-C zoned lot and, then, Lot 1 -- proposed Lot 1, Block 2, and, of course, the required 25 foot landscape buffer where the I-L lots were adjacent to C-G zoned property. Key changes proposed by the Planing and Zoning Commission -- one is they modified DA provision number eight. At that time they added a provision that said we had -- we had the DA provision, staff recommended a DA provision that would require the 25 foot landscape buffer. Planning and Zoning added some verbiage that said unless approved through altemative compliance process. Later on in my presentation I will be asking you to amend that recommendation to something else. The plat has changed since that hearing. The other change Planning and Zoning Commission made was one -- because there is an existing home, as I mentioned to you earlier, typically that needs to be removed prior to the city engineer's signature. The applicant doesn't really have a time frame when someone will come in and possibly final plat that property, so they ask that that home be allowed to remain until they actually get an end user there and so we modified -- or Planning and Zoning Commission modified condition of approval 2.6 to say prior to the issuance of a CZC for the development. So, prior to, basically, issuance of a building permit that house would have to be removed. So, really, there is only two outstanding issues for you tonight and one as I mentioned is to modify DA provision number eight, which, basically, staff is recommending that it -- a future development of Lot 2, Block 1, the applicant shall construct a 25 foot landscape buffer adjacent to the southern boundary approved by alternative compliance 08-028. One other thing I'd point out to Commission -- or, excuse me, to Council is the fact that somehow in our database the altemative compliance file number were duplicated, since 08-027 had already had action on it through letters provided by staff, this is our opportunity at this hearing process to change that file number, so I added that as a DA provision that we do change that file number, instead of right now as the staff report reads, altemative compliance number AZ -- ALT 08-027 and so when my findings come before you within two weeks it would be changed from 027 to 028, so I wanted to make that clear on public record tonight. And, then, also prior to us coming to hearing staff was notified by the flood plain administrator that there is a possible further water act violation in the property. Back in 2003 the applicant went through their approval process with Nampa- Meridian Irrigation District to the the Nine Mile Creek. They receive approval, got their construction drawings approved, and proceeded to the the creek. Like I said, it's come to our attention that there may be possible violation. We have not received any written verification from the Army Corps of Engineers or Department of Water Resources of any violation, but we thought we might bring to your attention tonight, since we are acting on the application. So, what staff has done working with Public Works is we have drafted -- we'd like to add a DA provision number ten on the project to include that the applicant should -- prior to final plat approval that the applicant provide staff with that documentation that they have received approval from the Army Corps of Engineers and Idaho Department of Water Resources. Staff has not received any comments from the applicant and I stand for any question the Mayor or Council may have of me. De Weerd: Council, any questions? Meridian City Council June 23, 2009 Page 42 of 57 Bird: Not at this time. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question for staff. On the recommendation you made with respect to the Corps of Engineers and the Department of Water Resources, so what if they aren't in compliance, what do we do? I don't think we want to get into that. Parsons: Madam Mayor, Councilman Rountree, I'll defer that to Kyle Radek, he's been in touch with the Army Corps of Engineers. Friedman: Madam Mayor, Members of the Council, Kyle has just deferred the question to me. So, what -- as Bill has suggested, we realize that we at the city are not responsible for the enforcement of either the Clean Water Act or the Idaho Water Resources regulations. And in proposing the development agreement conditions stating that prior to final plat approval, which can be two years, could be, actually, three and a half years with time extensions, that they provide the city with either clearance from either one of those agencies or take corrective actions as may be required by them, just provide evidence of that to us. As I said, we do not enforce those regulations, but -- and I will bounce this back to Kyle, through the tiling of that creek it may have the consequence of raising the actual flood levels within that area and that hasn't been examined yet. So, they have to work with Kyle and those other agencies. Again, this happened six years ago and so there is not a lot of history here, other than what we were able to obtain from the applicant in terms of the license agreement they received from the Nampa-Meridian Imgation District. So, we were just recommending that condition that one way or the other, either corrective actions are taken or letters of clearance are provided. To the city prior to final plat approval. I don't know if that answers your question, Council Member. Rountree: I guess our action is where we approve the final plat or not, based on the outcome. And a question for Kyle. Are we in a flood plain, flood way zone? Radek: Mr. President -- Rountree: That's the real issue? Radek: Pardon me? Rountree: And that's the real issue? Radek: That's what brought up the issue, Councilman Rountree, and, then, secondary to that was, you know, they should -- if they would have had the -- this properly permitted they would have had a flood plain development permit from Ada County at the time and Ada County would have checked to see if they had IDWR permitting and Meridian City Council June 23, 2009 Page 43 of 57 Corps of Engineers permitting and none of those permits were applied for, so we have three regulatory issues, one being IDWR, one being the Corps of Engineers and one being a flood plain administration, so there is really three agencies that have kind of a shot at what's the -- what's the fix for what's been done. We won't know if it's a problem for us flood plain wise until we require a hydraulics analysis by the application in our land development review. And if it pleases the Council, we do have some background - - some photos of the -- of the property and the piping, just for background information, if you'd like to see it. I have about ten slides. I'm a lot faster at slides than my boss. It shouldn't be too painful if you're interested. Rountree: My question, really, is if we have the Corps and we have Water Resources on our list, why don't we have FEMA? Radek: That's one of the three, sir. The flood plain administration would be -- you know, FEMA is administered through us, so -- Rountree: Okay. That answers it. De Weerd: Okay. Any -- Mr. Zaremba. Zaremba: Madam Mayor, I think it's been awhile since we have had a property that fronts the interstate, but my recollection from several years ago is that ITD always requests that we have some kind of an agreement that the property only -- or the property owner is responsible for any sound abatement -- I'm not able to access the development agreement or perhaps it's not on here, but do we have a provision in the development agreement that makes it clear that neither the city, nor ITD are responsible for sound abatement on any buildings built along -- Parsons: Madam Mayor, Members of the Council, I believe that abatement -- that noise abatement requirement is for residential property and the applicant is proposing I-L zoned property. And also our code requires a 50 foot land use buffer adjacent to the interstate, which the applicant is in compliance with. So, they will have that -- that landscape buffer as well that they have to maintain. Which is fairly easy, because it is industrial property there is also a DA provision in there that vehicle display areas -- heavy equipment display areas will not be allowed within that 50 foot buffer, everything has to be without --outside of that buffer in compliance with UDC. Zaremba: Thank you. De Weerd: Okay. If there is not anything further at this point, I would ask the applicant if they should like to make comments. If you will, please, state your name and address for the record. Van Auker: Good evening, Madam Mayor, Members of the Council. My name is Ron Van Auker, Junior, 3084 East Lanark in Meridian. 83642. Meridian City Council June 23, 2009 Page 44 of 57 De Weerd: Thank you. Van Auker: First issue, the irrigation issue that was brought up by the flood plain administrator. At the time we tiled the ditch in 2003, there was no requirement. The only person we were -- we needed to deal with was Nampa-Meridian Irrigation District. We got all the necessary approvals that were required at the time to the that ditch, we submitted plans and a license agreement to the city and I would stand here to say that we have done everything necessary in compliance with what was the law at the time. So, I can assure you that we have based our reputation on it, that we didn't -- we don't have a violation of the Clean Water Act out there. And, you know, if we need to be investigated on that, we will work with the Army Corps of Engineers and if we need to get -- if they determine that we need to get a 404 permit, because we have dealt with the guy in charge of the Army Corps of Engineers, we will work with them and get it put to rest and I don't think it will be an issue, so -- and, then, the other issue I wanted to bring up was on page two of the staff report, letter I -- or letter D -- the cross-access between the Maverick store and Lot 1, Block 2, that being -- is this a pointer? Friedman: Yeah, you can write on that. Holman: If you want to write on it, sir, hit the red button on the top of that display board and anything you write will be -- will be read. Van Auker: This block right there. And the Maverick store sits like right here somewhere. Not really the shape of the building, but -- the staff has requested -- or recommended that we provide cross-access through that lot. There is a completely separate ownership on the parcel on the comer there where Maverick sits and the --this subdivision before you tonight we feel that we really can't provide cross-access there without compensation from the owner of the property to the south and would ask that we -- that you strike that recommendation to have us provide cross-access to the Maverick. So, that's the only other comment I would have and would stand for any questions. De Weerd: Thank you, Ron. Any questions from Council? Rountree: I have none. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the cross-access agreement -- and this is, again, foggy recollection -- the Maverick would have come through while I was still on the Planning and Zoning Commission, but since I believe it was the intent -- the driveway kind of splits the property line and I assume there was going to be a shared use of that driveway. The Maverick may have already provided their cross-access to -- at the time nobody knew who, but it shouldn't be that difficult for you to do your part of it and that would complete Meridian City Council June 23, 2009 Page 45 of 57 the cross-access process happen. I'm pretty sure that that shared driveway caused that to Van Auker: That's aright-in, right-out there; correct? De Weerd: It is right-in, right-out. Bill, do you have comment on that? Is there something on the Maverick site that was raised by them? Parsons: Madam Mayor, I don't have that information for that driveway. I did speak with ACHD for that requirement. I know that they did -- there always was a sign in there for right-in, right-out, you are correct on that information, and now there is curbing out there to restrict the left-in. And to give you some history, the reason why we were requiring cross-access is because that Maverick site only has right-in, right-out access to, so in order for somebody to get to their development, they are going to have to either go out on Overland Road and, then, tum back up to Fignut Way to -- to get into some of those parcels. Now, if that person was leaving Maverick going north, they have to cut through his parcel and, then, take the left onto Locust Grove. So, there is really no way that Maverick can really get to Locust Grove without going back through that commercial street. So, we thought we wouldn't require cross-access for all the commercially zoned own property, but it made sense to have cross-access there based on the fact that they did have shared access on the property boundary. It's split between the two parcel boundaries and we anticipated that would be cross-access. But I don't know if that -- I could check on that for you, but I don't know if that's one hundred percent an answer for you on that. But I can certainly research that for the applicant and provide that information to him. De Weerd: Thank you. Zaremba: Thank you. De Weerd: Okay. Any further questions from Council? Rountree: Madam Mayor, on that point, I would have a question for Mr. Nary. It seems to me that if there isn't a provision in the develop agreement for the approval documentation for the Maverick to provide cross-access, it almost seems like that's an off-site improvement that we can't enforce. Nary: Madam Mayor, Members of the Council, yeah, I would agree. I mean if that's -- I think we probably do need to research that to make sure what exists from the development agreement. Rountree: Thank you. De Weerd: Thank you. Meridian City Council June 23, 2009 Page 46 of 57 Van Auker: Sony about the name, too. I didn't come up with that one. You can probably imagine who did. De Weerd: At least it's better than Porky Park or whatever the last one was. I do have a public hearing sheet that's -- we have a sign up. Mike Ball of Sportsman Point HOA. If you will, please, state your name and address for the record. Ball: Good evening, Madam Mayor and Council. My name is Mike Ball. 1629 South Labrador Place, Meridian. 83642. De Weerd: Thank you. Ball: I do have a couple of questions real quick first. The general retail -- or the -- which lots -- I know they were talking Lot 1, but is any along Overland to the west of Maverick going to be general retail. I guess that's what I'm trying to figure out what that -- Parsons: Yes, sir. That sounds correct. Ball: And, then, that general retail, what is going to be put there? I mean what kind of lighting systems and stuff like that, because right now the Maverick store lights my backyard up like a Christmas tree. So, that's -- that's my biggest concem about this whole -- I'm always lit up more if you continue to add more general retail there, I -- my backyard is completely lit up, as I do Overland -- back up to Overland. And there are several of the neighbors that are, again, in that predicament, because all follow along the Overland Road all the way to Retrieve and Sportsmans and on down. So, that would be our biggest concem. It was a concem when Maverick went in and those lights do point straight into our property, so -- Parsons: Mr. Ball, the only thing that -- we do have provisions in the code by which we restrict lighting from -- escaping from the property boundary. So, they -- with their submission -- with their CZC or CUP application, they will have to provide staff with a photometric plan showing how their lighting will impact the property and adjacent properties. Ball: And I agree with that and understanding that, but the Maverick light does expose out beyond their property, from their building out. So, what prevents them from doing that same plan? Parsons: Where our code really -- it talks about down spotting of the lighting. So, it's just challenged so it doesn't -- that doesn't create that, but we can certain look into that and look at that file while I'm researching that cross-access to see if we can get that photometric plan with that -- Ball: I'd really appreciate it. And I am -- this is this person's homeowners association president, too. So, I have been getting concerns from other ones talking about that same issue and the lighting in the backyard, so --that's all I have to say. Meridian City Council June 23, 2009 Page 47 of 57 De Weerd: Okay. Thank you. Is there any further testimony on this application? Any final wrap-up remarks by the applicant? Okay. Seeing none, Council, any questions for staff or the applicant? Hoaglun: Madam Mayor, a quick question for staff. Want to be sure -- if we can go back to the -- not the aerial, the other one you had that showed right here, the C-G where the pipeline operation is, that's -- I want to under -- oh, you had it. Back -- there we go. Along Locust Grove and the freeway, that's C-G where the pipeline -- I always thought that was industrial, but that is C-G, apparently. Are they going to have to -- you had commented about that. I want to make sure I understood what the landscaping requirement was to be right there. Is that going to be a 25 foot or is there -- there enough property there already -- what's -- what's that situation again? Parsons: Madam Mayor, Councilman Hoaglun, basically, because that is a non -- it's an industrial use as you stated, it wouldn't require that 25 foot land use buffer adjacent to that property boundary. Our code meets -- where you have I-L property adjacent to non-industrial uses, you will provide a 25 foot land use buffer and so when we have sat down with the applicant and talked about that, we -- staff determined that probably is more of an industrial use and probably wouldn't be looking fora 25 -- wouldn't require the 25 foot land use buffer for that portion of the property along that western boundary. Hoaglun: Okay. So -- Madam Mayor, then, that will not be required for that particular stretch of property because of the use that's there right now? Parsons: That is correct. Hoaglun: Okay. I just want to be sure that -- that was my understanding, but I want to be sure. Thank you. De Weerd: Okay. Anything further from Council? If not, I would entertain a motion to close the public hearing on these three items. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Since we do have some things that we continue to question, would we continue this hearing, as opposed to closing it? Friedman: Madam Mayor, Council Members, I'd defer to the city attorney. I think we had the one outstanding issue, really, which is the cross-access agreement and if we could research that and have an answer for you and Bill maybe can help me out, depending on what Council's pleasure is on disposing of this application, if it turns out that we have a problem in terms of requiring that cross-access agreement, we could bring the development agreement back without that condition. Meridian City Council June 23, 2009 Page 48 of 57 Nary: Yeah, we could do that. If that's the direction of the Council -- Madam Mayor, Members of the Council, if that's your direction, yeah, we can do that and we can work that out with the applicant, rather than setting this over, but if you'd prefer that we get that information first, that's perfectly fine. Friedman: Absolutely. De Weerd: Does that work for the applicant? I just assume that that was a nod. Yeah. Okay. Council, what is your direction? Rountree: Madam Mayor, I would move that we close the public hearings for Item 9, 10 and 11 and deal with the issue in the motion of approval -- Zaremba: Second. Rountree: -- or denial. De Weerd: Okay. I have a motion and a second to close the public hearings on Item 9, 10 and 11. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. De Weerd: Okay. We will first consider Item 9, which is AZ 08-015. Rountree: Madam Mayor, a question for Pete or Bill. DA's in the annexation or the rezone? Nary: In the annexation. Rountree: Okay. Madam Mayor, I move that we approve Item No. 9, AZ 08-015 with staff comments and the comments of the applicant. Upon further investigation if the staff finds that there is a no cross-access agreement or condition with the Maverick store, that that provision of the DA be removed. Bird: Second. De Weerd: I have a motion and a second. Bird: Discussion. De Weerd: Yes, Mr. Bird. Bird: Did you also in this -- did you want to change the -- De Weerd: Can you speak up, Mr. Bird. Meridian City Council June 23, 2009 Page 49 of 57 Bird: Oh, I'm sorry. In the DA did he want to change the 1.2 -- 1.1, bullet three? Rountree: Those were in the staff comments I referred to in my motion. Bird: Okay. That's what I thought. Thank you. De Weerd: Okay. Any other discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 10 is RZ 08-009. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No. 10, RZ 08-009. Bird: Second. Rountree: And direct staff to further investigate the lighting that currently exists at the Maverick store to see if it's compliant with our ordinance. Bird: Second. De Weerd: I have a motion and a second to approve Item 10. I think the research into the Maverick is a separate issue, but we definitely will look into that and research that cross-access; is that correct? Okay. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 11 is on PP 08-012. Rountree: Madam Mayor, I move that we approve Item 11, PP 08-012 with the landscape plan and lot configuration a provided to Council this evening. Bird: Second. Meridian City Council June 23, 2009 Page 50 of 57 De Weerd: Okay. I have a motion and a second to approve Item 11 with comment. If there is nothing further, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: PY2009 CDBG Action Plan: De Weerd: Thank you. Item 12 is a public hearing on PY -- Y? What is PY? Nary: Plan year. De Weerd: Plan year. PY-2009 of CDBG action plan. Sony, that kind of threw me there, Matt. Didn't know what a PY was. Ellsworth: And I apologize, Madam Mayor, Members of the Council, we will be a little more specific on those in the future. That is program year 2009 and there is the off-set between program years and calendar years and all that good stuff. But in any event, for the last several years the City of Meridian has been a direct recipient of federal funding through the CDBG program as an entitlement community and one of the requirements that comes along with receiving those funds is that each year the city adopt an annual action plan that will dictate the use of those funds over the course of that program year. The program year in this case will run from October 1st, 2009, through September 31st, 2010. So, in addition to conforming to applicable federal regulations and so forth, that plan also must -- must conform to the direction established by the city's 2007 thorough 2011 consolidated plan. And it's, basically, the relation between those two plans is similar to the Comprehensive Plan future land use map, as opposed to the zoning map. One sets the direction, the other one moved in that direction. The document before you this evening will begin moving in that direction. So, on screen there in front of you is a brief breakdown of the proposed expenditures per via the draft 2009 action plan. The bold face type in column number one, with the exception of administration, relates back to priorities that are established in the city's consolidated plan. You can see the percentage breakdown on screen there as well. So, to up some specifics behind those expenditures, under the umbrella of community improvements, what is proposed is 55,000 dollars towards Centennial Park improvements. Second project is completing the environmental and beginning the construction of Five Mile Creek pathway section H- 1,which we have discussed previously. Fifteen percent of the city's annual allocation is allowed to go to public service projects. Based on Council's direction last week staff proposes the use of the full 15 percent, so that's to the tune of 37,490 dollars. Priority number two is economic development, which translates into a continuation of MDC facade improvements program that would receive 40,000 dollars. And priority number three is affordable housing, which is proposed to receive 20,000 dollars toward home Meridian City Council June 23, 2009 Page 51 of 57 ownership assistance that is filtered through Boise City -Ada County Housing Authority and that goes toward downpayment and closing cost assistance for eligible home buyers identified through BC-ACHA's Section 8 voucher program. The requested action that's in front of you this evening is a public hearing and opening of the comment period that's required within our citizen action plan -- our citizen involvement plan, excuse me, and also with federal standards for consideration of these plans. That's how the comment period is mandated to remain open for a minimum of 30 days, so outside of that 30 day window the next regularly scheduled City Council meeting comes on July 28th of this year. That would allow an additional week if there are comment that change some of the details within the draft plan. It would allow staff enough time to go back, make whatever changes are necessary, and come back on August 4th with a final draft plan for Council's consideration, still allowing the city enough time to forward and adopt the document onto HUD within the required time line, so -- De Weerd: Just a comment, Matt, is we probably won't have a Council meeting on August 4th, which is National Night Out. So, we can -- we can do it if it's absolutely necessary, but direction to the clerk's office has been don't schedule anything that day. Ellsworth: Madam Mayor, Members of the Council, thank you for the heads up on that. On the one hand in the past public comment has been relatively minimal on a lot of these proposed activities, so if past experience is any indication of what's to come on -- as far as comments on this year's plan, there may not be any major shake-ups that would come before you on July 28th. If that's not the case, we can either add an additional meeting to consider public comments that may be able to handle the bulk of them and, then, consider anything additional that comes in between that interim public meeting and the 30 day comment period, or if there is an additional week built into this scheduled here, HUD will need the adopted plan forwarded no later than August 15th. Staff will be out of town at that hearing date, but there are plenty of bodies in the planning department if we need to relay information that way, then, we can certainly do so. De Weerd: Okay. Thank you. Ellsworth: With that I would stand for any questions. De Weerd: Council, any questions? Rountree: I have none at this time. Hoaglun: Madam Mayor, just a comment. I was not at the last meeting last week when you discussed this, but I have read the minutes and I am in agreement with what Council had directed in terms of the priorities and the projects. We have discussed those before and I think it's a good list and I hope that we can get the funding and that moves forward. Meridian City Council June 23, 2009 Page 52 of 57 De Weerd: Okay. Any further comment? Okay. Well, I imagine this is -- this is kept open for written public comment until July 28th; correct? Ellsworth: Madam Mayor, Members of the Council, that's the way that these have been processed in the past. It starts with opening the public hearing, the full draft plan will be available at Meridian City Hall, at the Meridian Senior Center, at the Meridian Public Library, and also on the city's website as of tomorrow, they will allow an opportunity for -- for the public to soak it in, contact staff with any questions, submit any comments over the course of the 30 day public comment period and, again, based on the timeline right now, we are set to reconvene on July 28th to consider the plan in light of any comments received during the comment period. De Weerd: Okay. Very good. Thank you very much, Matt. Ellsworth: Thank you. Item 13: Public Hearing: Status of Funded Activities for Meridian Senior Center with Idaho Community Development Block Grant (ICDBG): De Weerd: Okay. Item 13 is a pubic hearing on the status of funded activities for the Meridian Senior Center with their Idaho Community Development Block Grant, and, Delta, we appreciate you waiting until the end of our agenda with us. James: That's quite all right, Madam Mayor. Madam Mayor, Member of the Council, my name is Delta James, I'm a planning specialist with Sage Community Resources and I have been the grant administrator for Idaho Community Community Development Block Grant that was received in 2006. The City of Meridian received it in 2006 to provide upgrades to the Meridian Senior Center and so this is part of the close out -- required close out procedure is to hold a status of funds hearing towards the end of the project and so here we are and if it's okay with you, I'd like to just read into the record some brief statistics about that project. The City of Meridian applied for and received an Idaho Community Development Block Grant in the amount of 52,900 dollars. It was in 2006, and the funds were being used to help fund improvements to the Meridian Senior Center. Of the 52,900 dollars -- 52,413 dollars have been spent to date. The remaining funds or 487 dollars, of that 460 are remaining for grant administrative compensation and, then, there are 27 remaining unutilized construction funds, which will go back to the Department of Commerce. The activities that were completed to date include installation of a front entrance ramp to the facility, a cover and awning structure to that ramp and the front door rehab'd to allow better access and ADA compliance. Also, the facility's windows were replaced with energy efficient and building code approved windows. The dining room sound boards were replaced with sound boards that have a higher fire safety rating and better acoustical qualities in the dinning room. Also an air conditioner was installed in the kitchen and the parking lot was paved and restriped with handicapped parkage signage -- signage installed and, then, finally, the kitchen with serving area counter tops were replaced with those funds. There is some final close out procedures that are still remaining, so we anticipate to complete those by the end of Meridian City Council June 23, 2009 Page 53 of 57 August 2009. We are in the home stretch. Originally the grant application did request funds to widen some of the doorways on the interior of the building. That project was modified after it was investigated by a construction company and determined to be far too costly at the time, so the board of the Meridian Senior Center chose to reallocate those funds to pave the parking lot and do those improvements instead and that request -- project amendment request was approved by the Department of Commerce and so it's all good. That's basically it. I would stand for any questions that you might have. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Thank you for your administration of this. We know these grants can be very cumbersome and appreciate your handling of that. James: We are pleased to provide assistance to the City of Meridian. So, thank you, Madam Mayor, Council Members. De Weerd: Thank you. Bird: Thank you. De Weerd: Okay. I guess, Delta, do we need to keep this open until things are closed or you just -- this is just a formality? James: Madam Mayor, this is an opportunity for the public to provide any comments they might have about the project to date and the construction that has occurred. It is only required to be open this one time this evening, so -- De Weerd: Okay. Thank you. Bird: Madam Mayor, do we need to close the -- De Weerd: Yes. Thank you. I would ask Ralph if he has any comments and seeing that he doesn't, Council, any further comments or questions? Rountree: None. De Weerd: I would entertain a motion to close -- Bird: Madam Mayor? De Weerd: Yes. Bird: I move we close the public hearing on the Idaho Community Development Block Grant for the Meridian Senior Center. Meridian City Council June 23, 2009 Page 54 of 57 Rountree: Second. De Weerd: A motion and second to close the public hearing on Item 13. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 14: Ordinance No. ZOA 09-001 Request for Zoning Ordinance /Unified Development Code (UDC) Text Amendment to modify and clean up specific sections of the UDC for Outdoor Storage and Parking Unified Development Code Text Amendment by City of Meridian Planning Department -See application for details of all sections proposed for amendments: De Weerd: Okay. Item 14 is ordinance number 09-1420. I would ask our City Clerk to, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 09-1420, an ordinance amending Title 11 of the Meridian City Code regarding zoning and subdivision regulations codified at Title 11, entitled the Unified Development Code of the Meridian City Code and providing for a wavier of the reading rules and providing an effective date. De Weerd: Okay. You have heard this ordinance read by title only. If there is no one who would like to hear it read in its entirety, I would ask Council for a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 09-1420 with suspension of rules. Rountree: Second. De Weerd: A motion and a second to approve Item 14. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council June 23, 2009 Page 55 of 57 Item 15: Amendment to Ordinance No. 08-1350 A: AZ 07-017 Request for Annexation and Zoning of 40.4 acres from RUT to C-C zone (21.3 acres), R-8 zone (6.27 acres) and R-2 (12.87 acres) for Three Corners by David Dean - 6380 North Locust Grove Road: De Weerd: Item 15 is an amendment to Ordinance 08-1350. Madam Clerk, will you, please, read that by title only. Holman: Thank you, Madam Mayor. City of Meridian amended Ordinance No..08- 1350A, an amended ordinance AZ 07-017, Three Comers Subdivision for annexation of a parcel of land located in the north half of the northwest one quarter of Section 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, Ada County, to C-C, Community Business District, R-8, Medium Density Residential District, R-2, Low Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Okay. You have also heard this by title only and I don't see anyone who would like to hear it read in its entirety, so, Council, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the amended ordinance 08-1350A with suspension of rules. Rountree: Second. De Weerd: Motion and second to approve Item 15. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: Before I ask for a motion to adjourn, I would just for notation to our police department, as we move forward with the SSC changes, the likelihood of illegal dumping increases, so we may want to look at maybe strategies that we can employ in minimizing any of that. Meridian City Council June 23, 2009 Page 56 of 57 Colaianni: Madam Mayor, Council Members, I had already talked with Lieutenant Overton who oversees the code enforcement division as well and we will discuss that. Thank you. De Weerd: Very good. Thank you. And, finally, Council, I would remind you of our launch tomorrow of the core and hope that you can join us. It's the panel discussion is at 1:00. You will hear a lot from the partners in the core project at that time and, then, at 2:00 o'clock is the big to do. Hoaglun: Madam Mayor, where is the panel discussion being held; do you recall? De Weerd: No. Rountree: They said the entrance would be on the east side, as I recall. So, I suspect it might be in one of those little lecture halls that are back in there. Hoaglun: Okay. Thank you. Bird: Madam Mayor? De Weerd: Yes. Bird: Also tomorrow at 12:00 -- between 12:30 and 4:00, I believe it is, Meridian Food Bank open house. De Weerd: Yes. I think it's at noon is the ribbon cutting. Bird: Is the ribbon cutting at noon or 12:30 I thought they said. De Weerd: Oh, it is at 12:30. Bird: Well, let me know. De Weerd: It is at 12:30. Bird: Okay. De Weerd: So, would love to have everyone present. I think that the Council -- the city has really rallied behind the Food Bank. ACRD certainly stepped up and -- to help them into that facility and so we are fortunate that they are in our community. With that said, I would entertain a motion to close. Bird: So moved. Rountree: Second. Meridian City Council June 23, 2009 Page 57 of 57 De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you. MEETING ADJOURNED AT 9:46P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 'Zvi/ MAYO MY de WEERD ATTEST: JAYCE \\``\\`\`~ 1~~1~tltutUttl~i~~~/''''/i .` ~ M~°~9ti ,, rF -; 0 SIT C,~LE M ~~ ~:90 ~T lS'~ ~ ` ///''t-~~t't~t t eNt ITl lei 111 l l ~ / 02yo~ DATE APPROVED June 19, 2009 MERIDIAN CITY COUNCIL MEETING June 23, 2009 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of June 9, 2009 City Council Special 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: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. June 19, 2009 MERIDIAN CITY COUNCIL MEETING June 23, 2009 APPLICANT ITEM NO. S-B REQUEST Approve Minutes of June 9, 2009 City Council Regular 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: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials• Materials presented at public meetings shall become property of the City of Mertdian. June 19, 2009 RZ 09-001 MERIDIAN CITY COUNCIL MEETING June 23, 2009 APPLICANT City of Meridian Planning Department ITEM NO. 5~C REQUEST Findings for Approval -Request for a Rezone of 7.65 acres for 25 single-family residential lots & 2 common lots from L-O to R-8 zones for Dove Meadows -various properties 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: COMMENTS See alfached Findings OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meetings shall become properly of the CHy of Meridian. Page 1 of 1 Tara Green From: Sonya Wafters Sent: Tuesday, June 16, 2009 2:09 PM To: Machelle Hill; Tara Green; Jaycee Holman Cc: Peter Friedman Subject: Dove Meadows RZ Findings for 6/23 CC Mtg Follow Up Flag: Follow up Flag Status: Green Attachments: Dove Meadows RZ ffcl2.doc; Dove Meadows RZ ffcl1.doc Attached are the Finding of Facts and Conclusions of Law for the Dove Meadows Rezone application (RZ-09-001). These documents are scheduled to be on the City Council consent agenda for June 23, 2009. Please call or a-mail with any questions. Thank you, .sow~a wafters Associate City Planner City of Meridian -Planning Department 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 208.884.5533 ph. / 208.888.6854 fax 6/19/2009 CITY OF MERIDIAN (~E IDIAN~.-- FINDINGS OF FACT, CONCLUSIONS ~ ~ ~ ~ ~ OF LAW AND DECISION & ORDER In the Matter of Rezone of 7.53 acres of Land in Dove Meadows Subdivision from L-O to R-8, by City of Meridian Planning Department. Case No(s). RZ-09-001 For the City Council Hearing Date of: June 2, 2009 (Findings on the June 23, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 2, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 2, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 2, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 2, 2009, 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-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-09-001 -1- 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 Legal Description and Exhibit Map in the attached Staff Report for the hearing date of June 2, 2009,incorporated byreference. 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-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation & Zoning request as evidenced by having submitted the legal description and exhibit map included in the attached staff report for the hearing date of June 2, 2009 is hereby approved. D. Attached: Staff Report for the hearing date of June 2, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-09-001 -2- ~l By actin of the City Council at its regular meeting held on the ~ day of 2009. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: aycee ~I~blman, City Clerk Copy served upon Applicant, Attorney. .~~;~ ~V+ .~ O .~ .~ ~, ~ ~~ T ~c VOTED_ ~_~~!/` VOTED VOTED_ ~ VOTED__ l VOTED de Weerd ~ SAL ~°~' ~~i ,'O T 1ST '~ `r0 `°\~ ,,~~~~',9 CO `OQ, ``~~~ The P~ing,D~p'artment, Public Works Department and City B Dated: ~.Y - 2.`~t - City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-09-001 -3- STAFF REPORT Hearing Date: June 2, 2009 TO: Mayor & City Council E IDIAN~:.---- FROM: Sonya Wafters, Associate City Planner g p~ 208-884-5533 SUBJECT: RZ-09-001 -Dove Meadows I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, City of Meridian Planning Department, has applied to Rezone (RZ) 7.53 acres of land in Dove Meadows Subdivision from the L-O (Limited Office) zoning district to the R-8 (Medium Density Residential) zoning district. See Section 10 of the staff report for more information. II. SUNIlVIARY RECOMMENDATION Staff is recommending approval of the proposed rezone based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard this item on Mav 7, 2009 At the public hearing they moved to recommend approval of the subiect RZ request a. Summary of Commission Public Hearing: i. In favor: City of Meridian Planning Department ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None b. Ke_y Issue(s) of Discussion by Commission: i. None c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None i. None Dove Meadows RZ PAGE 1 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number RZ-09- 001, as presented in the staff report for the hearing date of June 2, 2009 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number RZ-09-001, as presented during the heazing on June 2, 2009, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Number RZ-09-0O1 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: Lots 1 and 2 and a portion of Lot 3, Block 2; portions of Lots 1 & 10, and Lots 2-9, Block 1, Dove Meadows Sub. No. 1; portions of Lots 11 & 12, and Lots 13-24, Block 1, Dove Meadows Sub. No. 2), in the SE % of Section 5, Township 3 North, Range 1 East. B. Owner(s): Various (see application for complete list) C. Applicant: City of Meridian Planning Department 33 E. Broadway Ave. Meridian, ID 83642 D. Representative: Pete Friedman, Deputy Director 33 E. Broadway Ave. Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACT5 A. The subject application is for a rezone. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: Apri120, and May 4, 2009 (Commission); Mav 11, and 25, 2009 (Gifu Council) C. Notices mailed to subject property owners on: Apri19, 2009 (Commission); Mav 7, 2009 (Gifu Council D. Public service announcement was broadcast faxed on: April 10, 2009 (Commission); Mav 7' 2009 (City Council) Dove Meadows RZ PAGE 2 E. Applicant posted notice on site(s) on: Apri124, 2009 (Commission); May 22, 2009 (Gifu Council VI. LAND USE A. Existing Land Use(s) and Zoning: There are currently single-family residences and associated outbuildings on the subject properties. B. Character of Surrounding Area and Adjacent Land Use and Zoning: These properties are currently surrounded by single-family residential properties and a church. 1. North: Single-family residential, zoned R-4 2. East: Church, zoned L-O 3. South: Vacant commercial property, zoned L-O 4. West: Single-family residential, zoned R-8 C. History of Previous Actions: These properties were annexed and zoned L-O in 1992 (Ordinance #581) with the Capital Christian Church annexation. The reason for the L-O zoning was to allow for a planned unit development for church, offices, open areas, parks, ball fields, apartments, and single-family residential dwellings which would be allowed in the L-O zone subject to site plan review. Subsequent to the annexation, the subject property was developed separately from the church and the zoning was never changed during the subdivision process. D. Utilities: 1. Public Works: a. Location of sewer: This subdivision currently has services installed b. Location of water: This subdivision currently has services installed. c. Issues or concerns: E. Physical Features: 1. Canals/Ditches Irrigation: There are no canals or ditches that traverse these properties. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: These properties do not lie within the floodplain or floodway. F. Access: No new access points are proposed to the subject properties with this application. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject properties are designated as "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. This designation allows smaller lots for residential purposes within the city limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The current R-8 zoning district and existing single-family residential homes complies with the medium density residential designation for these properties. Staff finds the following Comprehensive Plan policy to be applicable to this application and apply to the current single-family residential use of these properties (staff analysis in italics): Dove Meadows RZ PAGE 3 When the City established its Area of City Impact, it planned to provide City ses-vices to the subject property. The City of Meridian currently provides municipal services to the subject properties in the following manner: • Sanitary sewer and water service has been extended to the subject properties. • The lands are serviced by the Meridian Fire Department (MFD). • The lands are serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) 11-2A-21ists the permitted, accessory, and conditional uses in the R-8 zoning district. The existing single-family detached dwellings are listed as principal permitted uses in the proposed R-8 zoning district. C. Dimensional Standards: All of the lots shall comply with the dimensional standards listed in UDC 11-2A-6 for the proposed R-8 zoning district. D. Landscaping: NA E. Off-Street Parking: See UDC Table 11-3C-6 for the required number of parking spaces per dwelling based on the number of bedrooms. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The Applicant is requesting approval to rezone 7.53 acres of land from L-O to R-8. The proposed rezone area consists of 25 single-family residential lots and 2 common lots in Dove Meadows Subdivision No.'s 1 and 2. The residential use of these properties was authorized under a previously approved planned development, which allowed residential uses on this site in the L-O district (per Ordinance #581). Because the residential use of these properties lawfully existed prior to the effective date (9-15- 05) of the current UDC, the use/structures are considered non-conforming (UDC 11-1B-1), as residential uses are prohibited in the L-O district. As such, the use(s) is allowed to continue as long as the use remains lawful and is not expanded or extended, subject to the provisions listed in UDC 11-1B-4; the nonconforming structure(s) maybe enlarged, repaired or modified, provided Dove Meadows RZ PAGE 4 that the additions or modifications to the structure conform to the requirements listed in UDC 11- 1B-5. The purpose of the amendment is to remove the nonconforming status of the properties and zone them the same as the rest of the lots in Dove Meadows Subdivision. The legal description for the proposed rezone submitted with the application (prepared on Apri12, 2009, by Glenn Bennett, PLS) shows the property within the existing corporate boundary of the City of Meridian (see Exhibit C). Staff believes that the requested R-8 zoning district is appropriate for the subject properties and will "clean up" the zoning map so that the existing residential uses are principally permitted, rather than nonconforming in the L-O district. Please see Exhibit D for detailed analysis of the required facts and findings for the rezone request. X. EXHIBITS A. Drawings 1. Vicinity Map (Zoning & Aerial) B. Comments/Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Rezone Legal Description & Exhibit Map D. Required Findings from Unified Development Code Dove Meadows RZ PAGE 5 A. Drawings 1. Vicinity Map (Zoning & Aerial) r ~ ~- ~-~ i, ~s r ~ ~ r ~~~~~. ;~~ ~~ ~ ~~ } ~~ ~ .ray .c ~ :~ ~:.~. - -- - -~, Y Exhibit A Page 2 B. Comments/Conditions of Approval 1. PLANNING DEPARTMENT 1.1 Rezone -Comments 1.1.1 The legal description for the proposed rezone submitted with the application (prepared on April 2, 2009, by Glenn Bennett, PLS) shows the property within the existing corporate boundary of the City of Meridian (see Exhibit C). 2. PUBLIC WORKS DEPARTMENT 2.1 All utilities have been installed; Public Works has no issues with this application. 3. FIRE DEPARTMENT 3.1 The fire department has no concerns with this application. 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICES COMPANY 6.1 SSC did not submit comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 ACRD did not submit comments on this application. Exhibit B Page 2 C. Legal Description & Exhibit Map R~-SANE ~~INDALtI~ ~CRIP'~~N irOR T Cl'fY' +Q~ ~DIAN~ ADA Ct?U1~3T1', IHO A parts! ltd in the SW 3/n of ibn ~E ~& of ii~- 3, Tovapshig 3 A~urth, gage i Boise Iuferidlsty Adat~ppi;ra idahp mid being a part of At9YE Att~C1~+S su~Dw hrr~ ~ ~~ ~~ ~~ sr~,rc~~tv~v x~: a ~~ ~tlo,: c :~ a 518 itnc~t dieter iron; .pin . tfle estedy ,r ~~ mid sw'~ +if the SE f ii+om whch a brass ~on>ebt n~ d~ s~tthea~y of the st?'i ofsaie section 5 t s s~°~ei53°° ~ a of 2644.t,~ Tt lv ~~~~ ~ ~~° ~ ~cng the ~ ~ of sed SVt- ~~ ~ si~ S~ & of444:Ur1to the Pt3ilv`Tt>FB~3~+tt3; Them N 4"27'IS" ~ a dunce of ~S.Sa to a bps ~P ~nu~ent marking the n~we3y eot~ar of ~d SW % of the SB ~, said p steal being tsn the ~* ~ of said DOPE i$'S SU~DINI,+lIf31+t1V0.2; Tia~ce S 8+3°~t'3b" E atang dts ~l~p y of setd 3~V' ! of the SB ~ and sand n+rly ofJYE AP3[~9~ 5~"B1)IE'15'It~?~tATt1l. 2 a distance of 55t1.1~ f~ to a point ~ the 3~ ccirte~' of said LtO~ itt~9l3f3kY~ StPA'AlY`f~ION 1~U". 2; Tl~zttae teasing said northerly boune4a~acs and along the east~iy boandary ®f said DOSE i1fE.4AOW5 ~"C/B~lY,LSltilV 1ti'(l. 2 the foal de~r,t crust Theruaz g 0°~?'3d°' W a dis~nc~ of 219 97 Yo a point; Thy ~ '~~~~a~'~.t~s a • rte. ~S ~b•fe~~ex+s~r.)~ aFSR fA $ ~~nt Q~t~{1$~. Tte S 11°$9"$4~" W along sadd east~lq lar3r Q distance of 357.Qfr €eet to a p#i'#n!'i leaving said east~y s a°3S'40° E a dstanrt ~f 34.18 feet ~ a point un the c~tetiarflf t'lic~cory Way; Them atang said ceaterlirte a distanee of 93.t?0 along the arc of a 44D.t~ fciot rnd ncns-tangent roe tefi~, said cure a sadi~ tseathng ~ 47~t t'+t2" W, a central arrgte of l3°I~"i''T'" and a tang chor$ beerngIV 6°2"1'3?" ~` a distattec iaf9Z.'19 feet to apsiat; Thy ~nti&sning alor~ said centerline N 96°t~7'g5" ~ a distaraa, of 1~i:{t2 feat to a P4~: Thence Leaving said eeai~liue S 13°52'25" W a distsnee of 3U.tlfl feet to a pout on the southeastertyhcrandary ofsaid DOPE Dt)~S SUBDIf~ISI©W i~d~ l; Thence S Q3°2 t'3p" W along said y a distance of 237,65 fit to a point marking tine ~trtheastedy corer of Lot 3 of Block 2 of said DOYL~ MErtD06YS SIJBDIT°7SIO.~II~IfI 1 end the POINC OF BBt3IN11nNCr', This pareet contains 7.63 ages. Prepared by: Cilsnn 1C.13ennett, P'!s9 Civ31$ursrey t~nsuttaats, lacosporated Exhibit C Page 2 Pt,° ~,,~ P<~~~~~ra~ ~{f~asr~,~r rvra ,° a~~~Te'n r' ~ ~ ~ ~ ~, ~ vr~ ~' ~ € ~~ .~ ,. ~~ / ~ ~~ r~ ~ ¢~ n~~ pp~' ~~ ^`'~ a,~ , i r ~ ~ ~} ~ ~ ~~ ° .~ ~ _~! h ~ } ~ ~ ' / g9 f'~ _`~~». yf s} 8 a ~/ ti,~q ~ ~~ a ~~~ ~ ~ ltrf)t '~~'~"~"~ `'w..._ 1 flY 7~ IPA 1kfAV Cam' ~' At~i~jt11#I! 6 l~'A IN TPGE' ~fN' I/d (1f' x 1Fl1~` ~' l 4t h t, ~ ~ ~ ~.. ~ ~ ~~ '~ ,~ ~ ~ ~~rt° r ~~r?rax„r~r~ ~iVr ~F` 5 '48:4.3" ~' P644 J~° ,5 d ~/# ~' 9 Exhibit C Page 3 D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone the subject properties from L-O to R-8. The City Council fords that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council fords that the requested R-8 zoning and residential use of these properties is consistent with the purpose statement of the residential districts. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council fords that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). This finding is not applicable as the applicant is requesting approval of a rezone, not annexation. Exhibit D June 19, 2009 MERIDIAN CITY COUNCIL MEETING June 23, 2009 APPLICANT T.T.S. Developments, LLC MDA 09-002 REQUEST First Addendum to Development AgrE the Development Agreement for Woodbridge -- ITEM NO. S-D ent -- Request to modify South Locust Grove Road 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 See attached AOA COUIIIY RECORQER J. QAV1Q NAVARRO AMOUM .00 ~ BOISE IQAHO 08f~109 ~~ P[d III lil~~llllllltltlll~lll~lllll ~~I S~I DEPUflf UN 88it II 1 1 I 11 RECORQEQ-REQUEST OF iQ~074711 {Werldlell Cliy FIRST AMENDMENT TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. TT5 Developments LLC, Owner/Developer THIS FIRST A-NIENDNIENT TO DEVELOPMENT AGREEMENT is dated this day of ~~ ~ , 2009, ("AMENDMENT', by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho ("(~T['Y"), and TTS Development LLC ("OWNER/DEVLEOPER"), whose address is 745 N. Ralstin, Meridian, ID 83642. RECITALS A. CITY and OWNER/DEVELOPER'Spredecessor-in inteiest enterer into that certain DEVELOPMENT AGREEMENT dated on January 18, 2000 and recorded on January 27, 2000 as Instrument # 100006603 on real property more particularly described in the Agreement. OWNER/DEVELOPER isnow requesting certain changes to the Agreement and, following public hearing, which was duly noticed, City agreed to amend the Agreement as set forth in this Amendment. B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement by amending Section 4 "Uses Permitted by this Agreement" by modifying sub-section 4.1 regarding permitted uses. G CITY and OWNER/DEVELOPER desire to delete Section 5 "Development in Conditional Use". D. CITY and OWNER/DEVEIAPER also desire to amend the Development Agreement by amending Section 6 "Conditions Governing Development of Subject Property" regarding special conditions. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: Section 4 -USES PE;RNII1gTED BY THIS AGREEMENT: 4:~ FII2Sfi' AMENDMENT TO DEVELOPMENT AG~FtEET+IENT (MDA 09-0D2 WOODBRIDGE} PAGE 1 OF 5 UniSed Development Code 11-2B-Z. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement S ti f if f i6 f !f f f f f i f Section 6 -CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY. 6.1 "Owner" shall develop the "Property" in accordance with the following special conditions: 6.1.1 In accordance with the provisions of Section 4 of this Agreement, which are adopted herein at reference as if set forth at length. 6.1.2 ~ tar9_sewer aad water service shall be eactended to and throneh the property w~tthin three years of the approval of thus Amendment b~- City Coundl or unless development of the Property happens before the 36 month time limit is up. The Owner/Developershah submit a surety after of credit or c~sh~. along with a bi for 110% of the cost of installation, of these improyem~nts prior to issuance of the Cert'if'icate of Zoning Compliance. The Owner/Deyeloper shall coordinate mating and placement of lines with the Public ;Works Department. 6.1.3 The undeveloped portion of the Property shall be mowed aad kept free of weeds greater than 8" tall. 6.1.4 A Cerl3Hcate of Zoning Compliance application shall be sabmitted - to the Plarming Department !or the establishment of the Qroposed use. 6.1.5 Landscaping (i.e. street bui~ers. bui~ers to residential asesw marking lot landscaping. etc.) shall be installed on the Property in accordance with the standards listed inUDC lI-3B. Landscaping may be installed in phases over a perm of threes of the FIRST AMENDMENT TO DEVELOPMENT AGREEMENT {NIDA 09-2 wOODBRIDGE) PACE 2 OF S approval of this Amendment by City Coandl or unless development of the Property happens before the 36 month 13me limit is ap. A landscape plan,_in compliance with carrent UDC standards. shall be submitted for review and approval with the Certificete of Zoning Compliance application. A sure . Aetter of credit or gash). along with a bid. for 110% of the amount of the cast of the reaaired landscape improvements. shall be submitted to the City prior to issuance of the Certificate of Zoning Compliance, 2, That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Ovvner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Amendment, and the Ordinances of the City of Meridian as herein provided. 3. This Amendment shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Amendment shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this amendment if City, in its sole and reasonable discretion, had determines that Owner/Developer has fully performed its obligations under this amendment. 4. ff any provision of this Amendment is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Amendment and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Amendment sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions prouder-standing, either oral or written, express or implied, between Owner/ Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Amendment shall be binding upon the parties hereto unless reduced to writing and signed by them or they successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designationand/or amendment in force at the time of the proposed amendment. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT pVIDA .09-002 wOODBRD~E) PAGE 3 OF 5 6. This Amendment shall be of festive as of the date herein above written. 7. Except as amended by the Amendment, all terms of the Agreement shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Amendment and made it effective as hereinabove provided. O~VNERlDEVELOIPER: TTS Developments LLC. An Idaho limited liability Company By: CITY OF MERIDIAN Attest: Jaycee YJHohnan, City Clerk By: Mayo y de Weerd ```~~~~~uuuurrrp~~ ~~~~` ~ '~~~i ,.~~'~c3~y ~,'~~~''%, o _ $ = ;y~4tit11i~111~1 FIRST AMENDMENT TO DEVELOPMENT AC~REEIVIENT (NIDA 09-2 WOODBRIDGL~ PAGE 4 OF 5 STATE OF IDAHO ~ ss. County of ? ) On this ~ day of 2009, before me, the undersigned, a Notary Public in and for said S personally appeat~l ~1~ a~„t-~,. Q 0 ~o~ D ~ , ~o~ or identified to me to be the ~ r_:l_t ,~r~- of TTS Developments LLC, the Idaho limited liability company that executed the within and foregoing instrument, or the person who executed the instrument on behalf of said Idaho limited liability company, and acknowledged to me that such Idaho limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate firs~t~ve written. ~~- -• •.. ,p,~eL~G Notary lic for Idaho ~~~~~~ Aiding at:~~ •.•• q p~, OF ~~+ ~ My c°mmission expires STATE OF IDAHO ) ss County of Ada On this day of t..Ur~.L_ , 2009, before me, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS ~VI~REOF, I have hereunto set my hand and affixed my official seal the day and year in this cerl3ficate first above written. ~~~ ~ ~ ~~~ (SEAL) . ;''~ `~'•;'~~. ~, f • • ~. ~ ~ , ~~ i • ~•~ ~~~ • ~~ Notary Public or Idaho Residing ax: 11 , 1 l7 Commission expires: 1 Q- l t -11 Notary Public, FIRST AMENDMENT TO DEVELOPMENT AGREENB;NT (NIDA 09-2 wOODBRB3GE) PAGE S OF S June 19, 2009 MERIDIAN CITY COUNCIL MEETING June 23, 2~9 APPLICANT ITEM NO. $-E REQUEST Approve Beer, Wine 8~ Liquor License for Shoot the Moon III, LLC dba On The Border Restaurant located at 3004 N. Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: See attached INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at pubUc meetings stroll become property of fhe City of Meridian. June 19, 2009 MERIDIAN CITY COUNCIL MEETING June 23, 2009 APPLICANT ITEM NO. S-F REQUEST Resolution --Amended 2009 Waiver of Impact Fees Resolution 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: Emailed• COMMENTS See attached ~3 ~~~ ~ Date: Phone: • JIU11 II II IIUIJ. Materials presented at public meetings shall become property of the CHy of Meridian. Page 1 of 1 Tara Green From: Michelle Albertson Sent: Thursday, June 18, 2009 10:56 AM To: Jaycee Holman; Tara Green Cc: Bill Nary; Tom Barry Subject: 2009 Amended Resolution for Waiver of Impact Fees Follow Up Flag: Follow up Flag Status: Green Attachments: 2009 waiver of impact fees final amd.doc Tara -attached is the Amended Resolution for the Waiver of Impact for inclusion on the Council Agenda for June 23rd. 'T'hanks, Michelle 6/19/2009 CITY OF MERIDIAN AMENDED RESOLUTION NO. ~9_ ~7~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN AMENDED RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN DECLARING A WAIVER OF CERTAIN IMPACTS FEES COLLECTED FOR POLICE AND FIRE SERVICES ON NON-RESIDENTIAL PROJECTS AT THE TIME OF PERMIT ISSUANCE FOR THE APPROPRIATE BUILDING PERMITS BETWEEN JUNE 3, 2009 AND SEPTEMBER 30, 2009 AND PROVIDING AN EFFECTIVE DATE. WHEREAS, economic hardships have reached all areas of development and building of new or existing projects within the City of Meridian; and WHEREAS, it is the desire of the Mayor and City Council to provide some incentive and assistance to stimulate new growth and development for non-residential building projects; and WHEREAS, the Mayor and City Council recognize that the lost impact fees will have to be made up by different means; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the City will waive at the time of permit issuance, provided that issuance occurs during the period of June 3, 2009 until September 30, 2009, the requirement for payment of fire and police impact fees for all non-residential building permits. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ~ 2 ~, ADOPTED by the City Council of the City of Meridian, Idaho, this / / day of 1,z _, 2009. APPROVED b the Ma or of the Ci of Meridian I 3 Y Y tY daho, this ~ day of _ ~ i..L v~..2.__ , 2009. PROVED: `\`\~~.~~~,y O~ ~~®~'~~~Iayor T de Weerd ATTEST: r / / ~~`/~+ TFO 1 ~o By: z L Jaycee Holman, City Cl k = ~ o`~ 9 ~ ,~ AMENDED RESOLUTION WAIVING POLf~~~D T ~ ~ ~ PAGE 1 OF 1 ~~i~~~/'C,"'11,,`\`\~ JUNE 3, 2009 AND SEPTEMBER 30, 2009- June 19, 2009 MERIDIAN CITY COUNCIL MEETING June 23, 2009 APPLICANT ITEM NO. Jr-G REQUEST Professional Services Agreement for Musical Talent for Independence Day Celebration in Storey Park with Craving Dawn AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of fhe city of Meridian. Javicee Holman From: Emily Kane Sent: Tuesday, June 23, 2009 2:31 PM To: Tara Green Cc: Jaycee Holman; Gregory Farrow; Steve Siddoway; Bill Nary; Michelle Albertson Subject: Three items for tonight's consent agenda Attachments: Professional Services Agreement-Lindsey Waugh.doc; Professional Services Agreement-Eric Hansen.doc; Professional Services Agreement-Bill Roulo.doc I apologize to the Clerk's Office, the Mayor, and Council for the lateness of this request. I just realized that tonight's is the last meeting before the Fourth of July. I do not have signed copies of these agreements but would like to seek City Council's approval tonight so that the Mayor can sign on behalf of the City when we do receive the performers' signatures. Will you please add these items to the consent agenda? They can be entitled: "Professional Services Agreement for Musical Talent for Independence Day Celebration in Storey Park -Craving Dawn" "Professional Services Agreement for Musical Talent for Independence Day Celebration in Storey Park - M 4 Outfit" "Professional Services Agreement for Musical Talent for Independence Day Celebration in Storey Park -Bill Roulo" Thank you and again I'm sorry for the late request. Emily Professional Professional Professional iervices Agreemen.iervices Agreemen.~ervices Agreemen.. Emily Kane Deputy City Attorney City of Meridian, Idaho Phone: 208-898-5506 Fax: 208-884-8723 E-mail: ekane@meridiancity.org PROFESSIONAL SERVICES AGREEMENT -MUSICAL TALENT FOR STOREY PARK INDEPENDENCE DAY CELEBRATION 2009 This PROFESSIONAL SERVICES AGREEMENT -MUSICAL TALENT FOR STOREY PARK INDEPENDENCE DAY CELEBRATION 2009 ("Agreement") is made this day of June, 2009 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"); and Lindsey Waugh, an individual whose address is ("Manager"). (City and Manager may hereinafter be collectively referred to as "Parties.") WHEREAS, City desires to provide outstanding recreational, entertainment, and special event opportunities within the Meridian community, particularly as it relates to the community's celebration of Independence Day; WHEREAS, to this end, City, together with community partners, is planning an Independence Day celebration in Storey Park, a public park held by City, located on the northeast corner of Main Street and Franklin Road in Meridian, Idaho, which celebration will be held on July 4, 2009 ("Event"); WHEREAS, the Parties mutually desire to present, as part of the Event, the music of Craving Dawn, a musical group specializing in the vocal and instrumental performance of soft alternative rock music ("Performers"); 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, the Parties agree as follows: I. SCOPE OF SERVICES. Performance. Manager shall produce, and Performers shall provide, live music for the general public from 2:45 p.m. to 4:45 p.m., on Saturday, July 4, 2009, in Storey Park, at 213 E. Franklin Road, Meridian, Idaho. Music provided during this time shall be continuous, except that Performers may take one fifteen-minute break. II. TERMS. A. No monetary compensation. City's compensation for services rendered pursuant to this Agreement shall be in-kind, in the form of publicity, exposure, and venue, rather than monetary. B. Cancellation of event. Any decision regarding whether to cancel Performers' performance shall be made no earlier than thirty (30) minutes prior to each scheduled performance on July 4, 2009. PROFESSIONAL SERVICES AGREEMENT - LINDSEY WAUGH, JULY 4, 2009 STOREY PARK EVENT PAGE 1 of 5 III. VENUE A. Storey Park. Performers shall perform on the outdoor stage on the east side of Storey Park, 213 E. Franklin Road, Meridian, Idaho, which is an outdoor, open, public venue. Manager and Performers shall be solely responsible for any and all measures necessary to protect their equipment, instruments, and persons from damage due to weather and other conditions that do or may exist. City shall not be responsible for damage or injury. B. Public venue. Manager acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, Manager certifies that all Performers shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Performances, attire, and/or equipment shall not include any language, graphics, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Manager and Performers shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the Parks and Recreation Director and/or Recreation Site Supervisor, which requirements may be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. Manager acknowledges that, given the public nature of the venue, any and all persons shall be able and authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, Performers' performances. City shall not be responsible for the actions of persons not under its employment or control. E. Merchandising. Manager and/or Performers shall be authorized to sell albums and/or merchandising materials in connection with their musical performances, and may retain the proceeds of such sales. IV. TERMS AND CONDITIONS A. Time of the essence. Manager acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Promotion of event. 1. Promotion by City. City shall promote Performers' performance in community promotional materials and avenues, including the City website and local media and event calendars. 2. Promotion by Manager. Manager and/or Performers may undertake additional promotional activities at their own expense and effort, subject only to the PROFESSIONAL SERVICES AGREEMENT - LINDSEY WAUGH, JULY 4, 2009 STOREY PARK EVENT PAGE 2 Of 5 limitations set forth herein. City hereby conveys to Manager permission to use City's name in all forms and media and in all manners, without violation of any right City may possess in connection with its role in the production of the Event, except that neither Manager nor Performers may use City's logo in any manner whatsoever without the express, written consent of the Mayor's Executive Assistant. C. Subcontracting or assignment of obligations. Manager shall not subcontract or assign any of his obligations under this Agreement related to or that may relate to Manager's or Performer's artistic talent or technical expertise. Manager may subcontract or assign obligations that do not require his artistic talent or technical expertise, including, but not limited to, such obligations as transport and set-up of equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification. Manager and Performers shall, and hereby do, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Manager and/or Performers, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. F. Waiver. Manager and Performers waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Manager's and/or Performers' performance of this Agreement, whether such loss or damage maybe attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. Manager and Performers are independent contractors and are not employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Manager and/or Performers and City or between Manager and/or Performers and any official, agent, or employee of City. Manager and Performers shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Manager and Performers shall comply with any and all applicable federal, state, and local laws. PROFESSIONAL SERVICES AGREEMENT - LINDSEY WAUGH, JULY 4, 2009 STOREY PARK EVENT PAGE 3 Of 5 I. Non-Discrimination. Throughout the course of this Agreement, neither Manager nor Performers shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative Rights and Remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. O. Successors and Assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: C City of Meridian Emily Kane, Deputy City Attorney 33 E. Broadway Avenue Meridian, Idaho 83642 Phone: (208) 898-5506 E-mail: ekane@meridiancity.org PROFESSIONAL SERVICES AGREEMENT - LINDSEY WAUGH,IULY 4, 2009 STOREY PARK EVENT PAGE 4 of 5 Manager and/or Performers: Lindsey Waugh ADDRES S ADDRESS PHONE Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. Q. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of June, 2009. MANAGER: STATE OF Idaho ) ss: County of ) I HEREBY CERTIFY that on this day of , Lindsey Waugh 2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared Lindsey Waugh, known to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at ,Idaho My Commission Expires: CITY OF MERIDIAN: BY: Tammy de Weerd, Mayor Attest: Jaycee Holman, City Clerk PROFESSIONAL SERVICES AGREEMENT - LINDSEY WAUGH, JULY 4, 2009 STOREY PARK EVENT PAGE 5 Of 5 June 19, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT June 23, 2009 ITEM NO. S-H REQUEST Professional Services Agreement for Musical Talent for Independence Day Celebration in Storey Park with M4 Outfit 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 HIGWWAY 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 pubUc meetings shall become properly of the Ctiy of Meridian. JUL-02-2009 02:04 PM CAMPUSCOPYa'IBSU 208 334 2459 P. 02 -~-~- MUSICAL TALENT OR STORE PARK INbEPEND REEMENT CE DAY CELTBRATION 2009 This PItOFESSIONA-L SERVICES AGREEME111T _ MUSICAX, TALENT FOR STORE PK INDEPENDENCE DAY CELEBRATION 2009 " day of~009 („Effective Date"), b and between (Agreement") is made this~r organized under the Iaws of the State of Idaho "Cit '-the City of Meridian, a municipal corporation is 1427 Vermont Avenue, Boise Idaho "Mana(er" Y )Citana anEd NIHaraa~' ~ individual whose address collectively referred to as "Parties,°') ( 6 ) ( y ~' may hereinafter be WHEREAS, City desires to provide outstanding recreational, entertainment, and special event opportunities within the Meridian community, p,~icularly as it relates to the community's celebration of Independence Day; WHEREAS, to this end, City, together with community partners, is planning an Independence Day celebration in Storey Park, a public park held by City, located on the northeast corner of Main Street and Franklin Road in Meridian, Idaho, which celebration will beheld on July 4, 2009 ("Event"); W~REAS, the Patties mutually desire to present, as part of the Event, the music of M 4 Outfit, a musical group specializing in the vocal and instrumental performance of country fiddle music ("Performers"); NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby aclmawledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: i. ~~opa o~ Si~xVICES. ,~ Performance. Manager shall produce, and Performers shall provide, live music for the general public from 1:00 p.m. to 2:00 p.m., on Saturday, July 4, 2009, in Storey Park, at 213 $, Franklin Road, Meridian, Idaho. Music provided during this hour shall he continuous. II. T A. No monetary compensat~o~pt. City's compensation for services rendered pursuant to this Agreement shall be in-kind, in the foim of publicity, exposure, and venue, rather than monetary. B. Cencellatiott of event. Any decision regarding whether to cancel Performers' performance shalt be made no earlier than thixty (30) minutes prior to each scheduled performance on July 4, 2009. III, E1wE A. Storey Park. Performers shall perform on the outdoor stage en the east side of Storey Park, 213 E, Franklin Road, Meridian, Idaho, which is an.outdaor, open, public venue. Manager and Performers shall be solely responsible for any and all measures necessary to protect their equipment, instruments, and persons from damage due to weatb~er and other conditions that do PROf~i4510NAL SERVICES AaRfiEMENT -ERIC HANS$N, 7ULY 4, 20f}9 STOREY PARK EYBNT PAGE 1 of S JUL-02-2009 02:04 PM CAMPUSCOPYa'lBSU 208 334 2459 P. 03 or may exist. City shall not be responsible for damage or injury, B, public venue. Manager acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, Manager certifies that all Performers sh perform such material and in such a manner as shall be a ro all sensibilities. Performances, attire, and/or equipment shat not~in ~~e ~1 i$es, values, and and/or behavior that is profane, sexual, violent, or discriminatory, y image' graphics, C. City policy applies. Manager and Performers shall +c~mgly with all Cary policies and codes applicable to use of City pro~rty and facilities, includ>.ng, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the Parks and Recreation Director and/or Recreation Site Supervisor, which requirements may be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. Manager acknowledges that, given the public nature of the venue, any and all persons shall be able and authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or frarn the plaza, Performers' performances. City shall not be responsible for the actions of persons not under its employment or control. E. Merchandlsing. Manager and/or Performers shall be authorized to sell albums and/or merchandising materials in connection with their musical performances, and may retain the proceeds of such sales. IV. T~s ~uvn COivnI~UNs .,,_ A. Time of the essence, Manager acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform, B. Promotion of even 1. Promotion by City. City shall promote Performers' performance in community promotional materials and avenues, including the City website and local media and event calendars, 2. Promotion by Manager. Manager and/or Performers may undertake additional promotional activities at their own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Manager permission to use City's name in all forms and media and in alI manners, without violation of any right City may possess in connection with its role in the production of the Bvent, excxpt that neither Manager nor Performers may use City's logo in any manner whatsoever without the express, written consent of the Mayor's Executive Assistant. C. Subcontracting or assignment of obligations. Manager shall not subcontract or assign any of his obligations under this Agreement related to or that may relate to Manager's or PRa~,SSIONAL SERVICES AaREeMENT - E.It1C IIANSBN, JULY 4, 2009 $TBREY PARK EVENT PAGE 2 Of 5 JUL-02-2009 02:05 PM CAMP'USCC1PYa'l$SU 208 334 2459 P. 04 Performer's artistic talent or technical expertise. Manager may subcontractor assign obligations that do not require his artistic talent or technical ex limited to, such obligations as transport and set-up of equipmen ~,~art sut ummentst nay subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. 11. Non-~vsiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnifli cation. Manager and Performers shall, and hereby do, indemnify, save, and ho]d harmless the City and any and all of .Its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and a111osses axed expenses caused or incurred by Manager and/or Performers, thee' assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. F. Waiver. Manager and Performers waive any and ali clams and recourse against City, including the right of contribution for loss and dame a to growing out of, or in any way connected with or incident tpoeManager's a ~rt r p orn eors performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except far liability arising out of concurrent or sole negligence o€ City or its officers, agents or employees, G. Relationship of Parties. Manager snd Performers are independent contractors and are not employees, agents, joint venturers, or partners of City, Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Manager and/or Performers and City or between Manager and/or Performers and any official, agent, or employes of City. Manager and performers shall retain the right to perfonm services for others during the term of this Agreement. H. Cortnpliance with law. Throughout the course of this Agreement, Manager and Performers shall comply with any and all applicable federal, state, and local laws. I. Non-Discrimination. Throughout the cxsurse of this Agreement, neither Manager nor Performers shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap, J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either panty, yr agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The tenors of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. K. Costs and attorneys' fees. if either party brings any action or proceedings to enforce, protect or establish axey right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in additiozt to any other relief awarded. PI:OFF.SSIaNAI. SERVICES AQREHMENT -ERIC HANSEIV, JULY 4, 2009 STORY PARK EVENT PAGE 3 of 5 JUL-02-2009 02:05 PM CAMPUSCOPYa'78SU 208 334 2459. p.ig5 L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative Rights and Remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed bylaw shall not be to the exclusion of guy other remedy. N. Severabiiity. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be a~Pfected. O. Successors and Assigns. All of the terms, provisions, covenants and cotaditions of this greement shall more to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Ci City of Meridian Emily Kane, Deputy City Attorney 331/, Broadway Avenue Meridian, Idaho 83642 Phone; (208) 89$-5506 E-mail: ekane@meridiancity.arg Manager and/or Performers Brie ~Iansen 1427 Vermont Avenue Boise, I4 83706 Phone: (208) 830-0411 Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided, Q. City Council approval xequfwed. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval, PRQFSS5IONAL SL~tViCBS .4QREEA3ENT - FiRtC HANSEN, JULY 4, 2Qpg $TptiEy PARK BVENT PAGE 4 Of 5 JUL-02-2009 02:05 PM CAMPUSCOPYa78SU 208 334 2459 P. 06 IN WITNESS WI~.RROF, the parties hereto have executed this Agreement o>a the day of J'u1y, 2009. MANAGER: .• Eric Han _ •°~~~ /d' CITY' O>F MERIDIAN: $Y: STATE of Idaho ~ SS: County of ~_ ~ I I~BY t~T~t that on this day of 2009, before the undersigned, a Notary Public in the State of Idaho, personally aPP~ed Eric Hann, known to the tp be the persop who executed the said instrument, and acknowledged to me that she executed the same. Irr WITNESS w.toF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho ' Residing at ,Idaho My Commission Bxpires• Tammy de ,Mayor ~ ~~,,,~~~. ,:....:,,, r~. Attest: ~ o Jaycee lman, City Clerk = S~~ '~ ~°j~ ,, 9p T Sgt . ,~ ~,. '~~,, "f ~pQ' ,,~` PROFESSIONAL SERVICEwR AORP.EMBNT - ERIC IIAN$8N, JULY 4, 2009 STOREY PARK EV~N7' PACIE 5 of 5 June 19, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT June 23, 2009 ITEM NO. 5-I REQUEST Professional Services Agreement for Musical Talent for Independence Day Celebration in Storey Park with Bill Ruolo 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 pubic meetings shah become properly of the City of Meridian. PROFESSIONAL SERVICES AGREEMENT -MUSICAL TALENT FOR STOREY PARK INDEPENDENCE DAY CELEBRATION 2009 This PROFESSIONAL SERVICES AGREEMENT -MUSICAL TALENT FOR STOREY PARK INDEPENDENCE DAY CELEBRATION 2009 ("Agreement") is made this ~~ day of June, 2009 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"); and Kim Roulo, an individual whose address is P.O. Box 813, Kura, Idaho 83634 ("Manager"). (City and Manager may hereinafter be collectively referred to as "Parties"} WHEREAS, City desires to provide outstanding recreational, entertainment, and special event opportunities within the Meridian community, particularly as it relates to the community's celebration of Independence Day; WHEREAS, to this end, City, together with community partners, is planning an Independence Day celebration in Storey Pazk, a public park held by City, located on the northeast corner of Main Street and Franklin Road in Meridian, Idaho, which celebration will be held on July 4, 2009 ("Event'; WHEREAS, the Parties mutually desire to present, as part of the Event, the music of Rock-n-Rocker, a musical group composed of Bill Roulo, Kim Roulo, Lynn Solmon, Nate Pazk, Bill Carpenter, and Darin Solmon, specializing in the vocal and instrumental performance of classic rock-and-roll music; the music of Lee Penchansky, performing as Lee Penn Sky, a guitarist and soloist specializing in the vocal and instrumental performance of acoustic folk and bluegrass music; and Tucksedo, a musical group composed of Jennifer Tuck, Tanner Tuck, Shad Tk, and Terre Tuck, specializing in the vocal and instrumental performance of jazz, swing, and pop music (all persons referenced in this paragraph shall hereinafter be referred to, collectively, as "Performers"); 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, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performances. Manager shall produce all aspects of, and Performers shall provide, live music for the general public from 5:00 p.m. to 9:00 p.m., on Saturday, July 4, 2009, in Storey Park, at 213 E. Franklin Road, Meridian, Idaho. Manager shall arrange for three (3) sepazate musical performances during thisthne: Lee Penn Sky from 5:00 p.m. to 6:00 p.m., Tucksedo from 6:00 p.m. to 7:00 p.m., and Rock-n-Bocker from .7:00 p.m. to 9:00 p.m. Music provided during these stated times shall be continuous, except reasonable time in between acts and that Rock-n-Bocker may take one fifteen-minute break during its $erformance. B. Set-up. Manager shall provide, and shall set up, at approximately noon (12:00 p.m.) on PROFESSIONAL SERVICES AGREEMENT - KIM ROULO, JULY 4, 2009 STOREY PARK EVENT PAGE 1 of 6 July 4, 2009, a fully operational sound and amplification system for use as needed from 1:00 p.m. to 9:00 p.m. by all scheduled performers and/or masters of ceremonies, including performers and/or masters of ceremonies unaffiliated with 1V~anager. Manager shall make every effort to complete all sound system set up and/or sound checks by 1:00 p.m. II. COMPENSATION. A. Total amount. City shall make total payment for services rendered pursuant to this Agreement in the amount of $1,200.00. This amount shall constitute full compensation for any and all of Manager's and Performers' services, costs, and expenses related to this Agreement. Manager and Performers, respectively, shall be responsible for payment of any and all taxes. B. Cancellation of event. If all Performers are present and prepared to perform at the times, daze, and place, in accordance with the terms set forth herein, City shall pay Performers, including Manager, in the amount of $600.00, even if the event or portions thereof are cancelled due to inclement weather, technical and/or hazdwaze failure, and/or other unforeseen events not caused by Manager, Performers or City. Any decision regarding whether to cancel Performers' performances sl~ll be made at the discretion of either Party by b:00 a.m. on July 4, 2009. C. Metbod of payment Manager and Performers shall provide City with invoices for services provided, which City shall pay within fourteen (14) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Manager and Performers, respectively. III. VENUE A. Storey Park. Manager shall provide and set up the sound system on an outdoor stage approximately twelve by twenty-four feet (12 x 24') in size to be located on the east side of Storey Park, 213 E. Franklin Road, Meridian, Tdaho, an outdoor, open, public venue. LVianager and Performers shall be solely responsible for any and all measures necessary to protect their equipment, instruments, and persons from damage due to weather and other conditions that do or may exist. City shall not ~ responsible for damage or injury. B. Electrical generator. City shall provide electrical power for Event in the form of a generator. Prior to setting up the sound system, Manager shall assess. the safety of the electrical power source and shall not be obligated to perform if it is foupd to be unsafe or potentially hazardous to Performers' persons or property. Upon such a finding, if City cannot cure the problem in time for the scheduled performance, City shall cancel the event. C. Public venue. Manager acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, Manager certifies that all PROFESSIONAL SERVICES AGREEMENT - KiM ROULO, JULY 4, 2009 STOREY PARK EVENT PAGE 2 Of 6 Performers shall perform such material and in such a manner as shall be appropriate for alI ages, values, and sensibilities. Performances, attire, and/or equipment shall not include any language, graphics, and/or behavior that is profane, sexual, violent, or discriminatory. D. City policy applies. Manager and Performers shall comply with all City ~licies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Pazks and Recreation Depaztment, and any requirements of the Pazks and Recreation Director and/or Recreation Site Supervisor, which requirements may be reasonable and for the purpose of protecting City facilities and property. E. Photography and recording. Manager acknowledges that, given the public nature of the venue, any and all persons shall be able and authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, Performers' performances. City shall not be responsible for the actions of persons not under its employment~r control. F. Merchandising. Manager and/or Performers shall be authorized to sell albums and/or merchandising materials in connection with their musical performances, and may retain the proceeds of such sales. )~. TERMS AND CONDITIONS A. Time of the essence. Manager acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform within reason any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Promotion of event. 1. Promotion by City. City shall promote Performer's performance in community promotional materials and avenues, including the City website and local media and. event calendars. City shall promote the band. name Rock-n-Bocker whenever possible and appropriate. 2. Promotion by Manager. Manager and/or Performers may undertake additional promotional activities at their awn expense and effort, sttbjeet only to the limitations set forth herein. City hereby conveys to Manager permission to use City's name in all forms and media and in all manners, without violation of any right City may possess in connection with its role in the production of the Event, except that neither Manager nor Performers may use City's logo in any manner whatsoever without the express, written consent of the Mayor's Executive Assistant. C. Subcontracting or assignment of obligations. Maxlager shall not subcontract or assign any of her obligations under this Agreement related to or that may relate to Manager's or PROFESSIONAL SERVICES AGREEMENT' - KIM ROULO, JULY 4, 2009 STOREY PARK EVENT PAGE 3 of 6 Performer's artistic talent ar technical expertise unless unforeseen circumstances prevail. Manager may subcontract or assign obligations that do not require hip artistic talent or technical expertise, including, but not limited to, such obligations as transport and set-up of equipment and/or instruments. Any subcontractor or assignee shall b~ bound by all the terms and conditions of this Agreement. D. Non-waiver of breach. A waaver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification. Manager and Performers shall, and hereby do, indempnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or ipjury to persons or property, and from any and all losses and expenses caused ar incanted: by Manager and/or Performers, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto, with the sole exception of a electrical failure due to the utilization of a City provided power generator. F. Waiver. Manager and Performers waive any and all claims and recourse against City, including the right of contn'bution for Ioss and damage to persons orproperty arising from, growing out of, or in airy way connected with or incident to Mana.~er's and/or Performers' performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. Manager and Performers are independent contractors and are not employees, agents, joint venturer, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Manager and/or Performers and City or between Manager and/or Performers and any official, agent, or employee of City. Manager and ~'erformers shall retain the right to perform services for others during the term of this Agreement. II. Compliance with law. Throughout the course of this Agreement, Manager and Performers shall comply with any and all applicable federal, state, and local laws. I. Non-Discrimination. Throughout the course of this Agreement, neither Manager nor Performers shall discriminate against any person as to race, creed, religion, sex, age, nafioaal origin, sexual orientation or any physical, menu, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not ~ enlarged, modified or altered except upon written agreement signed by both parties hereto. PROFESSIONAL SERVICES AGREEMENT -KIM ROIJLO, JULY 4, 2009 STOREY PARK EVENT PAC3E 4 of 6 K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, perfon~ance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative Rights aad Remedies. All rights and remedies herein enumerated shall be eurnulative-and none shall exclud®-any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be al~ected. O. Successors and Assigns. All of the terms, provisions, covenants and conditions of this Agreement-shall inure to-the-beaefrt of, aad shall be-binding open, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by either of the Part}es hereto, unless stherwise stated in this Agreement, shall be in writing and shall ~ deemed communicated upon mailing by United States Mail, addressed as follows: C City of Meridian Emily Kane, Deputy City Attorney 33 E. Broadway Avenue Meridian, Idaho 832 Phone: (208) 898-5506 $-mail: ekane@meridiancity.org Manager and/or Performers• Kim Roulo P.O. Box 813 Kuna ID 83634 Phone: 208-922-5175 E-mail: strumsum@gmail.com Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. PROFESSIO1dAL SERVICES AGREEMENT - KIM ROULO, JULY 4, 2009 STOREY PAStc EVIIVT PAGE 5 of 6 .. Q. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the ~~ day of June, 2009. MANAGER: i~ `~-- ~~~G U Kim Roulo cjQ;~~.......,~~ J F _~_ A v.•o V ~ •• ~ ~_ Of CITY OF MERIDIAN: BY: Attest: STATE OF Idaho ss: County of ~ ) I HEREBY CERTIFY that on this~5~day of_~ 2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared. Kim Roulo, lgiown to me to ~ the person who executed the said instrument, and aclmowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written Notary Public for Residing at Idaho My Commission Expires: D f O 11~11111l1/l/1/1~//~' ~. r '- y ~~ o s $~AL _~Q ~T iS'~ v ,~~'9 ~~P ''~~~//v/vr 1 ~~Y ~ ~~~~``~: PROFESSIONAL SERVICES AGREEMENT - KAq ROULO, JULY 4, 2009 STOREY PARK EVENT PAGE 6 of 6 June 19, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING June 23, 2009 APPLICANT Legal Department ITEM NO. 6-A-1 REQUEST Discussion on Requiring Alcohol Training for Servers 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 Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CNy of Meridian. .L ~, t~l Chapter 5-7 SERVER TRAINING Sections: 5-07-01 DEFINITIONS 5-07-02 APPROVED SERVER TRAINING 5-07-03 SERVER TRAINING REQUIItEMENTS 5-07-04 ENFORCEMENT Section 5-07-O1 DEFINITIONS A Alcoholic Beverage Any beverage containing alcohol which is a product of distillation of any fermented liquor or synthetic ethyl alcohol, including beer, wine, spirits or any liquid containing beer, wine or spirits. B. Approved Server Training A program approved by the Chief of Police as indicated in Section 5-07-02, which is designed to educate servers of alcohol on laws and rules regarding the sale and service of alcoholic beverages, the effects of alcohol on the human body, methods of identifying intoxicated persons and refusing to sell or serve alcohol to those persons, and methods for checking and identifying legal identification. C. Chief of Police The Chief of the Boise Police Department or designee. D. Licensee The person to whom a valid license to retail liquor by the drink or beer and wine by the drink is issued by the Idaho State Police. . E. Server of Alcohol Any person serving or selling any alcoholic beverages, including spirits, wine or beer for consumption on a licensed premise as a requirement of his or her employment and any person managing those employees. Servers of alcohol include waiters, waitresses, bartenders, and managers of waiters, waitresses and bartenders. Section 5-07-02 APPROVED SERVER TRAINING A. Only the server training programs listed in this section or equivalent programs as approved by the Chief of Police will be recognized as complying with the provisions of this Chapter. Approved server training programs must include an examination covering the following topics: monitoring a patron's behavior, Page 1 of 3 SUPPLEMENT N0.44 recognizing intoxicated patrons, checking identification, recognizing false and altered identification, providing alternatives to alcoholic beverages, problem solving in dealing with intoxicated and/or belligerent patrons and Idaho laws and rules pertaining to alcoholic beverages. B "ServSafe Alcohol" programs of the National Restaurant Association Educational Foundation comply with the requirements of this Chapter. C. "TIPS" Training for Intervention Procedures programs of Health Communications, Inc. complies with the requirements of this Chapter. D. "Learn2Serve" training for on premise servers and sellers of alcohol complies with the requirements of this chapter. Section 5-07-03 SERVER TRAINING REQUIREMENTS A. Unless already certified, a Server of Alcohol as defined in this Chapter must complete an Approved Server Training Program within sixty (60) days of the date the alcohol server begins employment at a licensed establishment and must maintain that certification throughout his or her employment as a Server of Alcohol. B Licensees operating establishments where alcoholic beverages are served and consumed on the premises must ensure that each Server of Alcohol employed on the premises is either already certified or completes an Approved Server Training Program within sixty (60) days of the date the server begins employment at the establishment and that each Server of Alcohol maintains that certification throughout his or her employment as a server of alcohol. C. Servers of Alcohol must maintain records of their training and show proof of current certification upon request to officers of the Boise Police Department or other law enforcement officers. D. Licensees must maintain training verification records or proof of current certification for each server employed and must present those records upon request to officers of the Boise Police Department or other law enforcement officers. Section 5-07-04 ENFORCEMENT A. Any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, can be fined in an amount not exceeding one thousand ($1,000.00) dollars or be imprisoned for a period not exceeding six (6) months or be both so fined and imprisoned. Page 2 of 3 SUPPLEMENT N0.44 B. It is the City of Boise's intent that this ordinance stand alone and that violations of this ordinance not subject Licensees to the administrative procedure for suspension, revocation or refusal to renew licenses outlined in Idaho Code § 23- 933. (6693, Enacted,ll/18/2008) Page 3 of 3 SUPPLEMENT N0.44 ~~/ -~~~~ PROPOSED AMENDMENT TO THE STATE CODE WITH SB 1148 ~/(f ~~~ (FAILED) ~ N ? 3 ?® ~rYOF ~9 CI ~YCCERk oFF~;v CE CLERK AND SERVER TRAINING SECTION 64. That Chapter 12, Title 23, Idaho Code, be, and the is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 23-1201, Idaho Code, and to read as follows: 23-1201. DEFINITIONS. The following words and phrases used in this chapter shall be given the following interpretation: (1) "Administrator" means the administrator of the division of alcohol beverage licensing and regulation. (2) "Alcoholic beverage" means any beverage containing alcohol which is a product of distillation of any fermented liquor or synthetic ethyl alcohol, including but not limited to beer, wine, spirits or any liquid containing beer, wine or spirits. (3) "Approved alcohol training program" means a program which is designed to educate clerks or servers of alcohol on laws and rules regarding the sale and service of alcoholic beverages, the effects of alcohol on the human body, methods of identifying intoxicated persons and refusing to sell or serve alcohol to those persons, and methods for checking and identifying legal identification and is either approved by the Administrator or listed in section 23-1202, of the Idaho code. (4) "Clerk" means an individual who as an employee of a grocery store, convenience store, or general retail outlet can legally sell alcoholic beverages for consumption off-premise. (5) "Director" means the director of the Idaho State Police. (6) "Licensee" means the person to whom a beer, wine or municipal or state liquor-by-the drink license is issued under the provisions of law. (7) "Off-premises retailer" means any place alcoholic beverages are sold, but cannot be consumed on the premises. Off-premises retailers include, but are not limited to grocery stores, convenience stores, and general retail outlets. (8) "Premises" means the building and contiguous property owned, leased or used by a licensee as part of the business establishment for the sale of alcoholic beverages at retail. (9) "Server" means any person serving or selling any alcoholic beverages, including spirits, wine or beer for consumption on a licensed premise as a requirement of his or her employment and any person managing those employees. Servers include, but are not limited to waiters, waitresses, bartenders, and managers of waiters, waitresses and bartenders. SECTION 65. That Chapter 12, Title 23, Idaho Code, be, and the is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 23-1202, Idaho Code, and to read as follows: 23-1202. APPROVED TRAINING. (1) Only the alcohol training programs listed in this section or equivalent programs as approved by the Administrator will be recognized as complying with the provisions of this Chapter. (2) Approved alcohol training programs must include an examination covering the following topics: monitoring a patron's behavior, recognizing intoxicated patrons, checking identification, recognizing false and altered identification, providing alternatives to alcoholic beverages, problem solving in dealing with intoxicated and/or belligerent patrons and Idaho laws and rules pertaining to alcoholic beverages. (3) "ServSafe Alcohol" programs of the National Restaurant Association Educational Foundation comply with the requirements of this Chapter. (4) "TIPS" Training for Intervention Procedures programs of Health Communications, Inc. complies with the requirements of this Chapter. SECTION 66. That Chapter 12, Title 23, Idaho Code, be, and the is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 23-1203, Idaho Code, and to read as follows: 23-1203. MANDATORY TRAINING - ON-PREMISE SALES. (1) Any person employed as a server on the effective date of this chapter must complete an approved alcohol training program within one hundred and twenty (120) days of the effective date of this chapter or be able to provide proof that they have received a current valid certificate from an approved training program within the past three years. (2) Any person who is hired after the effective date of this chapter as a server shall complete an approved alcohol training program within sixty (60) days. (3) The licensee shall ensure that each server employed on the premises is trained or completes an approved alcohol training program in the appropriate timeframe under this section and maintain documentation of such training, and provide such documentation at the request of either the director or administrator. SECTION 67. That Chapter 12, Title 23, Idaho Code, be, and the is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 23-1204, Idaho Code, and to read as follows: 23-1204. VOLUNTARY TRAINING -OFF-PREMISE RETAILER. (1) Any person employed as a clerk on or after the effective date of this act for off-premise sales pursuant to the provisions of title 23, Idaho code, is encouraged to complete an approved alcohol training program outlined in section 23-1202. (2) The clerk shall maintain documentation of such training, and provide such documentation at the request of either the director or administrator. SECTION 68. That Chapter 12, Title 23, Idaho Code, be, and the is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 23-1205, Idaho Code, and to read as follows: 23-1205. ENFORCEMENT. (1) Any server who violates section 23-1203 Idaho code shall be subject to an administrative fine imposed by the administrator not to exceed five hundred dollars ($500) plus costs of prosecution and administrative costs of bringing the action including, but not limited to, attorney costs and fees and costs of hearing transcripts. (2) Any licensee who violates section 23-1203(3) Idaho code shall be subject to an administrative fine imposed by the administrator not to exceed one thousand dollars ($1000) plus costs of prosecution and administrative costs of bringing the action including, but not limited to, attorney costs and fees and costs of hearing transcripts. (3) Nothing herein shall be construed as barring criminal prosecutions for violations of title 23 where such violations are deemed as criminal offenses. (4) All final decisions by the administrator shall be subject to judicial review pursuant to the procedures of the administrative procedure act. June 19, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING June 23, 2009 APPLICANT Legal Department ITEM NO. 6-A-2 REQUEST Recommendation from Mayor and Council Compensation Review Committee 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 Clay of Meridian. Statutes i~`'~ Idaho Statutes ~ ~ ~~~ ~~~I~~ JUN 2 3 200 ciTY oFC~~~~ TITLE 50 CITY CLERKS OFFICE MUNICIPAL CORPORATIONS CHAPTER 2 GENERAL PROVISIONS -- GOVERNMENT -- TERRITORY 50-203.OFFICIALS -- COMPENSATION. The officials of each city shall consist of a mayor and either four (4) or six (6) councilmen whose compensation shall be fixed by ordinance published at least seventy-five (75) days before any general city election, which ordinance shall be effective for all said officials commencing on January 1 following said election and continuing until changed pursuant to this section. The Idaho Code is made available on the L-ternet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without eapress wrltteu permission. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I. C. ~ 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright. Page 1 of 1 http://www.legislature.Idaho.gov/idstatlTitle50/TSOCH2SECT50-203PrinterFriendly.htm 6/23/2009 ~Q~/~. MayorTammy de Weerd II City Council Members: °~ Keith Bird ~ Brad Hoaglun Charles Rountree ~; David Zaremba ~c~~~~ June 10, 2009 JUG ~ 3 20~~ CITY ®1= cat CITY CLERKS OFFICE The City of Meridian Mayor, and City Council Compensation Committee have met as required by City ordinance. The Committee was comprised of Bill Nary, the City Attorney/Human Resources Director; Christine Donnell, a former Meridian City Council member; Joe Marshall, a current Planning and Zoning commissioner; Dr. Tom Hammond, a current Historic Preservation Commission member; Tracy Vance, the current Chamber of Commerce Board President; Chris Klein, a local businessman with Edward Jones Investments and Mark Gilbreath of VengaWorks Ventures Center in Meridian. The Committee met on three occasions to discuss the compensation for the Mayor and City Council members. The Committee recognizes that any increase in the current times may be controversial or concerning, but the Committee responsibility is to evaluate all the above criteria and make a recommendation that is reasonable in light of all the factors. The City Council has the ultimate discretion to accept, reject, or modify the recommendation, but the Committee responsibility is to not look at the current time only, but also the long term needs of the positions and the City. Because the City has been prudent and fiscally responsible to the taxpayers of the Meridian the Committee felt that the recommended increase would be affordable and appropriate. The Committee evaluated the following criteria in making these recommendations: • The length of time the Mayor's position has been full time; • The salary and increases that have been done since it was made full time; • The increased number of employees of the City since the Mayor's position was made full time to the present; • The growth of the City in the same time period and the complexity and expectations of the positions; • The increased number of direct reports to the Mayor; • The comparable salaries of Mayors and Council members in the Valley and around the State; • The current City personnel budget; • A target objective was considered, but also the realization that increase would still need to be incremental; • Current expectations and performance of the elected officials; • A strategic evaluation to move salaries to an appropriate level over amulti-year year period; • Pay equity in light of the trajectory and growth of the City; • The current economic condition of the City and the community. a ~. The Committee will recommend to the City Council that the Mayor's salary be increased as of January 1, 2010 to $76,350.00 and then on January 1, 2011 to $82,500.00. The Mayor currently makes $70,200.00 annually. The Committee will also recommend that City Council salary be increased on January 1, 2010 to $10,500.00 and then to 12,000.00 annually on January, 2011. The Council members currently make $9,000.00 per year. ,~ ~` sterling Codifiers, Inc. 1-6-5: COMPENSATION: A. Tf,e annual compensation of the mayor shall be as follows: Page 1 of 1 1. The mayor shall receive an increase to the annual salary on January 1, 2007, for a total annual salary of sixty three thousand six hundred sixty nine dollars ($63,669.00). 2. The mayor shall receive an increase to the annual salary, effective on and after January 1, 2008, consistent with the beginning of the mayor's term of office, the salary shall be sixty six thousand eight hundred fifty three dollars ($66,853.00). 3. The mayor shall receive an increase to the annual salary on January 1, 2009, for a total annual salary of seventy thousand one hundred ninety five dollars ($70,195.00). 4. Salary will be paid in equal monthly amounts. B. The mayor shall receive the same employee benefits as any full time city employee, except for accrual of vacation or sick leave, and any other benefits as directed by the city council. ~. P~ http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=6431 &keyword... 5/20/2009 ~ sterling Codifiers, Inc. 1-7-9: COtUI~E~1SATl®iV: Page 1 of 1 A. The annual compensation of the members of the city council shall be as follows: 1. Each member of the city council shall receive an annual salary of nine thousand dollars ($9,000.00), effective on and after January 1, 2007. 2. Salary will be paid in equal monthly amounts. B. The city council shall receive the same employee benefits as all full time city employees, except for the accrual of vacation or sick leave, and any other benefits as directed by the city council. C. Human resources shall be tasked to form a committee comprised of no less than five (5) various citizens, business leaders, and former elected or appointed officials of the city of Meridian prior to the budget workshop during every municipal election year to make recommendations for adjustments, increases, or decreases to compensation for the mayor and city council. The committee may consider any or all of the following in making such recommendation: baseline salaries in comparison to select cities, appropriate increases or decreases based upon the market as determined by the committee, the current and potential impact to the city's budget, performance of the elected official while in office, recent or current increases afforded to all other city employees, and expectations of the public in general for the position that is being evaluated. The membership of the committee may be determined by the city council with input from the mayor. The city council is not bound to follow the recommendationsfmm the committee, but may use any feedback or recommendation as guidance for setting the budget for compensation: (Ord. 07-1330, 8-14- 2007) a w http://sterling.webiness.comlcodebook/getBookData.php7id=&section id=183568&keywo... 5/20/2009 Page 1 of 1 Bill Nary From: Megan McJunkin [MMcJunkin@cityofboise.org] Sent: Thursday, May 14, 2009 12:41 PM To: Pam McDonald; Monica Jones; Monica Harrison; Leslie Moss; lynda@cityotlcuna.com; Jim Jeffords; Ed Simmerman; cblackman@mccall.id.us; Bill Nary; Bonnie Brazier, Andrea Fogleman; ksmith@pocatello.us; Susan Hams Subject: Re: Mayor and City Council Compensation Hi Bill, Boise still does not have a compensation review or committee for increase considerations, but I am working on a process for that this year. They are eligible for benefits including health, PERSI and $20,000 life insurance. Mayor $91,229 annual Council $19,375 annual Regards, ?~te9~rn ~rtc~un~i~ HR Advisor/Compensation Analyst Boise City Human Resources 208-384-3858 phone 208-384-3868 fax Making Boise the most livable city in the country! »> "Bill Nary" <bnary@meridiancity.org> 5/13/2009 6:42 PM »> What do your Mayor's and Council members get paid? Do they receive additional benefits? Is there a consideration of an increase this year? We have a requirement to organize a committee to review each election season. ~. Bill Nary City Attorney/HR Director 33 E. Broadway Meridian, ID 83642 Legal - 208.898.5506 HR - 208.898.5503 Fax - 208.489.0480 Cell - 208.440.3881 t- 5/19/2009 Page 1 of 1 Bill Nary From: Monica Jones [mjones@ci.caldwell.id.us] Sent: Thursday, May 14, 2009 1:45 PM To: Bill Nary Subject: RE: Mayor and City Council Compensation Bill, The Mayor's wage is $69,198 and Council Members wage is $7,925.Our Mayor and Council Members are eligible for the same benefits as our full time employees. Monica Jones From: Bill Nary [mailto:bnary@meridiancity.org] Sent: Wednesday, May 13, 2009 6:43 PM To: Andrea Fogleman; Bill Nary; Bonnie Brazier; cblackman@mccall.id.us; Ed Simmerman; Jim Jeffords; ksmith@pocatello.us; Leslie Moss; lynda@cityofkuna.com; mmcjunkin@cityofboise.org; Monica Harrison; Monica Jones; Pam McDonald; Susan Harris Subject: Mayor and City Council Compensation What do your Mayor's and Council members get paid? Do they receive additional benefits? Is there a consideration of an increase this year? We have a requirement to organize a committee to review each election season. Bill Nary City Attorney/HR Director 33 E. Broadway Meridian, ID 83642 Legal - 208.898.5506 HR - 208.898.5503 Fax - 208.489.0480 Cell - 208.440.3881 5/19/2009 Page 1 of 1 Bill Nary From: MACDONALD, PAM [PAMM@cdaid.org] Sent: Thursday, May 14, 2009 3:13 PM To: Bill Nary; Andrea Fogleman; Bonnie Brazier; cblackman@mccall.id.us; Ed Simmerman; Jim Jeffords; ksmith@pocatello.us; Leslie Moss; lynda@cityoflcuna.com; mmcjunkin@cityofboise.org; Monica Harrison; Monica Jones; Susan Hams Subject: RE: Mayor and City Council Compensation Hi Bill, Our Mayor is paid $2700/mo and the council members are paid $750/mo. They are eligible for medical, dental, vision, life (25k), HRA and can participate in the flexible spending plan. They are not considering an increase this year. Pam MacDonald human }zesources Director City of Coeur d'Alene ~=~ 2os-769-zzo3 www.Pamm@cdaid.org From: Bill Nary [mailto:bnary@meridiancity.org] Sent: Wednesday, May 13, 2009 5:43 PM To: Andrea Fogleman; Bill Nary; Bonnie Brazier; cblackman@mccall.id.us; Ed Simmerman; Jim ]effords; ksmith@pocatello.us; Leslie Moss; lynda@cityofkuna.com; mmcjunkin@cityofboise.org; Monica Harrison; Monica Jones; MACDONALD, PAM; Susan Harris Subject: Mayor and City Council Compensation What do your Mayor's and Council members get paid? Do they receive additional benefits? Is there a consideration of an increase this year? We have a requirement to organize a committee to review each election season. Bill Nary City Attorney/HR Director 33 E. Broadway Meridian, ID 83642 Legal - 208.898.5506 HR - 208.898.5503 Fax - 208.489.0480 Cell - 208.440.3881 ~a 5/19/2009 Page 1 of 2 Bill Nary From: Monica Harrison [HR@ci.jerome.id.us) Sent: Thursday, May 14, 2009 11:36 AM To: Bill Nary Subject: FW: information Hi Bill Here is the synopsis of our mayor and council The Mayor is paid $1000.00 per month Council members are paid $500.00 per month They receive Persi, 401K, and insurance benefits The only thing they don't get is vacation and sick leave Consideration for an increase this year -unknown From: Monica Harrison Sent: Thursday, May 14, 2009 11:27 AM To: Marcie Maires Subject: information Martie -the email below is from a contact of mine through ICRMP Can you answer the question forme so I can contribute to his survey/ Thanks ~~ What do your Mayor's and Council members get paid? Do they receive additional benefits? Is there a consideration of an increase this year? We have a requirement to organize a committee to review each election season. Bill Nary City Attorney/HR Director 33 E. Broadway , Meridian, ID 83642 Legal - 208.898.5506 H R - 208.898.5503 Fax - 208.489.0480 Cell - 208.440.3881 5/19/2009 Page 1 of 2 Bill Nary - - From: John Marsh [JMarsh@cityofkuna.com] Sent: Thursday, May 14, 2009 8:12 AM To: Bill Nary Subject: F1/V: Mayor and City Council Compensation Hi Bill - Mayor: $30,000 annually; City Council Members: $9,000 annually. The only benefit they receive are state mandated PERSI employer contributions. At this point I am not aware of any proposals on the table for increases this year. However, we have not begun our FYE 2010 budgeting process yet so that may come up then. Hope this answers your questions, if not please let me know. Thank You, John Marsh, CPA Treasurer - City of Kuna PO Box 13 Kuna, ID 83634 (208J 922-5546 exf. 203 _ - - -- From: Lynda Burgess Sent: Wednesday, May 13, 2009 11:44 PM To: john@cityofkuna.com Subject: FW: Mayor and City Council Compensation John - Can you respond to this inquiry? Thanks! Lynda Burgess, MMC City Clerk City of Kuna P.O. Box 13 ~. v- Kuna, ID 83634 208-922-5546 From: Bill Nary [mailto:bnary@meridiancity.org] Sent: Wednesday, May 13, 2009 6:43 PM To: Andrea Fogleman; Bill Nary; Bonnie Brazier; cblackman@mccall.id.us; Ed Simmerman; ]im Jeffords; ksmith@pocatello.us; Leslie Moss; Lyrtda Burgess; mmcjunkin@cityofboise.org; Monica Harrison; Monica ]ones; Pam McDonald; Susan Harris Subject: Mayor and City Council Compensation ~~ What do your Mayor's and Council members get paid? Do they receive additional benefits? Is there a consideration of an increase this year? We have a requirement to organize a committee to review each election season. Bill Nary City Attorney/HR Director 5/19/2009 Page 1 of 1 Bill Nary From: Jim Jeffords [JJeffords@CityofLewiston.org] Sent: Thursday, May 14, 2009 9:26 AM To: Bill Nary; Andrea Fogleman; Bonnie Brazier; cblackman~mccall,id.us; Ed Simmerman; ksmith@pocatello.us; Leslie Moss; lynda@cityofkuna.com; mmcjunkin@cityofboise.org; Monica Harrison; Monica Jones; Pam McDonald; Susan Hams Subject: RE: Mayor and City Council Compensation Bitl: Mayor - $770 per month Councilman - $520 per month All members of the Council are in the PERSI system and are allowed the City's basic life insurance policy ($20,000 death benefit). There is no consideration for an increase this year. Jim Jeffords HR Manager City of Lewiston _ _._. ._ _ . --- -- From: Bill Nary [mailto:bnary@meridiancity.org] Sent: Wednesday, May 13, 2009 5:43 PM To: Andrea Fogleman; Bill Nary; Bonnie Brazier; cblackman@mccall.id.us; Ed Simmerman; Jim Jeffords; ksmith@pocatello.us; Leslie Moss; lynda@cityofkuna.com; mmcjunkin@cityofboise.org; Monica Harrison; Monica Jones; Pam McDonald; Susan Harris Subject: Mayor and City Council Compensation What do your Mayor's and Council members get paid? Do they receive additional benefits? Is there a consideration of an increase this year? We have a requirement to organize a committee to review each election season. Bill Nary City Attorney/HR Director 33 E. Broadway Meridian, ID 83642 Legal - 208.898.5506 HR - 208.898.5503 Fax - 208.489.0480 Cell - 208.440.3881 a "' 5/19/2009 Page 1 of 1 Bill Nary From: Cindy Blackman [cblackman@mccall.id.us] Sent: Thursday, May 14, 2009 11:12 AM To: Bill Nary; Andrea Fogleman; Bonnie Brazier; Ed Simmerman; Jim Jeffords; ksmith@pocatello.us; Leslie Moss; lynda@cityoflcuna.com; mmcjunkin@cityofboise.org; Monica Harrison; Monica Jones; Pam McDonald; Susan Harris Subject: RE: Mayor and City Council Compensation Bill, Our Mayor is paid $350/mo and the other council members are paid $200/mo. They are all eligible for full benefits, which include: medical, dental, vision, life (20k), HRA, EAP, life flight membership, and golf pass. I don't know at this time if there is discussion of an increase. I know that there was last year. Thanks, Cindy Blackman Personnel Mannger City Of McCall 216 E Park St., McCall ID 83638 Phone: 208-634-8316 Fax:208-634-4493 Cell: 208-315-5121 cblackman@mccall id us __ _ - From: Bill Nary [mailto:bnary@meridiancity.org] Sent: Wednesday, May 13, 2009 6:43 PM To: Andrea Fogleman; Bill Nary; Bonnie Brazier; Cindy Blackman; Ed Simmerman; Jim Jeffords; ksmith@pocatello.us; Leslie Moss; lynda@cityofkuna.com; mmcjunkin@cityofboise.org; Monica Harrison; Monica Jones; Pam McDonald; Susan Harris Subject: Mayor and City Council Compensation ~. What do your Mayor's and Council members get paid? Do they receive additional benefits? Is there a consideration of an increase this year? We have a requirement to organize a committee to review each election season. Bill Nary - City Attorney/HR Director 33 E. Broadway Meridian, ID 83642 Legal - 208.898.5506 HR - 208.898.5503 Fax - 208.489.0480 Cell - 208.440.3881 5/19/2009 Page 1 of 1 Bill Nary __ From: Leslie Moss [Imoss@ci.moscow.id.us] Sent: Thursday, May 14, 2009 3:43 PM To: Bill Nary; Andrea Fogleman; Bonnie Brazier; cblackman@mccall.id.us; Ed Simmerman; Jim Jeffords; ksmith@pocatello.us; lynda@cityofkuna.com; mmcjunkin@cityofboise.org; Monica Harrison; Monica Jones; Pam McDonald; Susan Hams Subject: RE: Mayor and City Council Compensation Hi Bill, The Moscow City Code requires that the council pass an ordinance every two years increasing the mayor and council salaries in accordance with the Consumer Price Index for the past twenty four months. The council recently passed the ordinance, but declined the pay increase. The Mayor is paid $1677.29 per month and council members are paid $581.46 per month. The elected officials are members of PERSI and can enroll in the City's health insurance plan at their own cost. Leslie Moss H.R. Director City of Moscow From: Bill Nary [mailto:bnary@meridiancity.org] Sent: Wednesday, May 13, 2009 5:43 PM To: Andrea Fogleman; Bill Nary; Bonnie Brazier; cblackman@mccall.id.us; Ed Simmerman; Jim Jeffords; ksmith@pocatello.us; Leslie Moss; lynda@cityofkuna.com; mmcjunkin@cityofboise.org; Monica Harrison; Monica ]ones; Pam McDonald; Susan Harris Subject: Mayor and City Council Compensation What do your Mayor's and Council members get paid? Do they receive additional benefits? Is there a consideration of an increase this year? We have a requirement to organize a committee to review each election season. Bill Nary City Attorney/HR Director 33 E. Broadway Meridian, ID 83642 Legal - 208.898.5506 HR - 208.898.5503 Fax - 208.489.0480 - Cell - 208.440.3881 ~~ 5/19/2009 Page 1 of 1 Bill Nary _. From: Ed Simmerman [simmermane@cityofnampa.us] Sent: Friday, May 15, 2009 3:08 PM To: Bill Nary; Andrea Fogleman; Bonnie Brazier; cblackman@mccall.id.us; Jim Jeffords; ksmith@pocatello.us; Leslie Moss; lynda@cityofkuna.com; mmcjunkin@cityofboise.org; Monica Harrison; Monica Jones; Pam McDonald; Susan Harris Subject: RE: Mayor and City Council Compensation The Mayor's salary is $74,432 Council is $10,930 They all receive employee medicaUdental benefits at the employee cost Persi eligible $25,000 life insurance Ed Fd S~xe~una,~z S~,~.l2 3Fu,~nan J~2escuvcces J~inecEon °~ .Nafnpa ~Ptone: 205-468-5433 fax: 205-3~5-2224 -----Original Message----- From: Bill Nary [mailto:bnary@meridiancity.org] Sent: Wednesday, May 13, 2009 6:43 PM To: Andrea Fogleman; Bill Nary; Bonnie Brazier; cblackman@mccall.id.us; Ed Simmerman; Jim Jeffords; ksmith@pocatello.us; Leslie Moss; lynda@cityofkuna.com; mmcjunkin@cityofboise.org; Monica Harrison; Monica Jones; Pam McDonald; Susan Harris Subject: Mayor and City Council Compensation What do your Mayor's and Council members get paid? Do they receive additional s benefits? Is there a consideration of an increase this year? We have a requirement to organize a committee to review each election season. Bill Nary City Attorney/HR Director 33 E. Broadway - Meridian, ID 83642 Legal - 208.898.5506 HR - 208.898.5503 Fax - 208.489.0480 Cell - 208.440.3881 ~e 5/19/2009 Page 1 of 1 Bill Nary From: Smith, Kim [ksmith@pocatello.us] Sent: Thursday, May 14, 2009 9:00 AM To: Bill Nary; Andrea Fogleman; Bonnie Brazier; cblackman@mccall.id.us; Ed Simmerman; Jim Jeffords; Leslie Moss; lynda@cityofkuna.com; mmcjunkin@cityofboise.org; Monica Harrison; Monica Jones; Pam McDonald; Susan Hams Subject: RE: Mayor and City Council Compensation Bill, Pocatello: Council Members - $10,034.92 annually Mayor - $74,268.48 annually There is no discussion of an increase this year. Kim Kim G. Smith, SPHR Human Resources Director City of Pocatello 911 North 7th Avenue Pocatello, Idaho 83205 208.234.6172 Think ~'je~ore You Print ___ _- From: Bill Nary [mailto:bnary@meridiancity.org] Sent: Wednesday, May 13, 2009 6:43 PM . To: Andrea Fogleman; BIII Nary; Bonnie Brazier; cblackman@mccall.id.us; Ed Simmerman; Jim Jeffords; Smith, Kim; ~ ~- Leslle Moss; lynda@cityofkuna.com; mmcjunkin@cltyofboise.org; Monica Harrison; Monica Jones; Pam McDonald; Susan Halls Subject: Mayor and City Council Compensation What do your Mayor's and Council members get paid? Do they receive additional benefits? Is there a consideration of an increase this year? We have a requirement to organize a committee to review each election season. Bill Nary City Attorney/HR Director 33 E. Broadway Meridian, ID 83642 Legal - 208.898.5506 HR - 208.898.5503 Fax - 208.489.0480 Cell - 208.440.3881 ,~ 5/19/2009 Page 1 of 1 Bill Nary _.. _ _ From: Susan Harris [SHARRIS@tfid.org] Sent: Thursday, May 14, 2009 10:38 AM To: Bill Nary Subject: Fwd: Re: Mayor and City Council Compensation There is no discussion of an increase. »> Susan Harris 5/14/2009 10:36 AM »> Mayor of Twin Falls is paid $16,920 annually Council members are paid $13,920 annually No additional benefits are provided. They do have access to the 125 program. »> "Bill Nary" <bnary@meridiancity.org> 5/13/2009 6:42 PM »> What do your Mayor's and Council members get paid? Do they receive additional benefits? Is there a consideration of an increase this year? We have a requirement to organize a committee to review each election season. Bill Nary City Attorney/HR Director 33 E. Broadway Meridian, ID 83642 Legal - 208.898.5506 HR - 208.898.5503 Fax - 208.489.0480 Cell - 208.440.3881 aw 5/19/2009 June 19, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING June 23, 2009 APPLICANT Planning Department ITEM NO. 6-8-1 REQUEST Discussion on CZC Fee Clarification and Additions 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 c-~Qcln~ o~ Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CI1y of Meridian. Page 1 of 1 Tara Green From: Sarah Wheeler Sent: Tuesday, June 16, 2009 10:54 AM To: Tara Green; Jaycee Holman Subject: Memo for the CZC restructuring for June 23rd... Follow Up Flag: Follow up Flag Status: Green Attachments: Fee Change Memo Final.doc Hi Gals, Sorry this is coming in two parts. Attached is the memo for the planning departments department head update for CC. Thanks, Sarah Sarah Wheeler Assistant City Planner swheeler@meridianc~ org City of Meridian Flanning Department 33 E. Broadway Meridian, Idaho 83642 Ph: (208) 884-5533 Fax #: (208) 489-OS77 6/19/2009 MEMORANDUM DATE: June 2, 2009 TO: Anna Canning, Meridian Planning Director, Ted Baird, Deputy City Attorney FROM: Sarah Wheeler, Assistant City Planner RE: Unified Development Code Fee Clarifications and Additions I. Introduction This memorandum, regarding proposed changes to the City of Meridian's Unified Development Code (UDC) fee schedule; specifically asks to reorganize the Certificate of Zoning Compliance (CZC) fees to reflect the amount of research conducted for planning approvals. Staff is also asking to coordinate the fees for Design Review (DR) and CZC with Prior Approval to reduce confusion where applicants submit revisions to site plans and/or building elevations. Proposed Changes: Certificate of Zoning Compliance: $453.00 Certificate of Zoning Compliance with Prior Approval: Q~.~BA $173.00 Certificate of Zonin Com liance Verification• $53.00 Design Review: $173.00 II. Summary of Events Reason for the CZC change: UDC 11-SB-1B requires that "all requests for permits that involve construction, exterior alterations and/or the establishment of a new use...," obtain a certificate of zoning compliance. It is through this process that the City ensures buildings comply with all the provisions of the title. Interpretation of the code has required a CZC for any change of use regardless of whether the use change is a principally permitted use in the specific zoning district. For example, if a building has an approved CZC for retail use and a professional service use wants to occupy the space, the professional service would be required to complete another CZC for a change of use even if the applicant is not making exterior or interior modifications. While this process is necessary to ensure that new uses comply with the UDC, the cost, time and paperwork associated with these types of changes can be overwhelming to the applicant, particularly when they are not making any physical changes to the building. If the building was recently built, has a CZC on file and the proposed use does not require additional specific use standards, planning staff verifies that the use is consistent with a development agreement and/or other applications, tracks the use and sends the applicant to the building department to obtain a change of occupancy form. The building department still forwards this information to Ada County Highway District (ACHD) so they can assess any necessary impact fees associated with the change of use. Staff is proposing to amend the fee structure (not the UDC) to provide a lesser application fee for a CZC for a change Fee schedule clarifications and additions June 2009 Page 1 of 5 of use only on a fully conforming property (where no additional conditions or modifications are required.) Reason for the Design Review Change: In February of 2009, the City of Meridian instituted new design review guidelines to enhance the aesthetic appeal of development within its corporate boundaries. The current fee for administrative DR is $173.00. Often during the time between planning approval and construction, changes are made to the site design, building layout and/or elevations. Depending on the extent of these changes, applicants maybe required to submit for a CZC modification at a cost of $187.00. Design Review incorporates both site construction details and building appearance. A CZC review incorporates both the use and the site construction details. Due to the overlap, there would be administrative difficulties in determining whether the individual is requesting modification to the DR, the CZC, or both. Making the DR and CZC modification fees the same price would prevent individuals from arguing that their changes only affect DR and so they should be entitled to the lesser $173.00 fee when in fact their changes may constitute an affect on the actual CZC. Therefore, we propose keeping the DR fee at $173.00 and lowering the fee for CZC with prior approval to $173.00. This will prevent inconsistencies in how the administrative fees apply. III. Changes Incorporated The initial question regarding any change of use begins with whether the existing use is legal. If the answer is no, the applicant will be required to comply with all UDC standards. If however, the existing use is legal, the following scenarios may occur: Applicant is only proposing interior improvements to the site: If the applicant is only making interior improvements and the use is the same as the previous tenant (i.e. real estate office to real estate office), the change of use will be handled through the building department with a tenant improvement/change of occupancy form. The UDC does not require a certificate of zoning compliance if the use is not changing or expanding. Since the applicant is not proposing any expansion of the building and is retaining the previous use, the CZC requirement is not triggered. If a new tenant or current tenant changes the use of the building from the original tenant (i.e. retail store to professional office use), then the planner will have to ask if there is an existing CZC on file. If there is no CZC on file the applicant will be required to submit for a full CZC review because the planner will need to review the entire site for compliance and deal with any nonconforming issues at that time such as unpaved parking. Since the applicant is not proposing any building or site addition, the landscaping improvements would not be triggered at this time. No design review will be required unless additional building construction is required per the specific standard sections of the UDC. However, if there is a CZC on the building and the new use does not require any additional site modifications as specified in the specific use standards of the UDC, then the applicant will be required to submit a letter detailing their proposed use change and asking for CZC verification. This allows the planner to conduct research to ensure Fee schedule clarifications and additions June 2009 Page 2 of S nothing in the development agreement prohibits or restricts the use. Once the CZC verification letter is obtained, the applicant will continue on with the building department to obtain a change in occupancy form. If, however, additional site modifications are needed (such as fencing for a daycare use), the applicant will be required to modify the existing CZC and would submit for a CZC with prior approval. At this time, design review would not be triggered unless additional building construction is required by the UDC (i.e. enclosed shop for minor/major vehicle repair use). Applicant is proposing exterior changes to the site: When an applicant is proposing a new use and is physically altering the site, different standards will apply to how the planning department processes the request. If there is not an existing CZC for the site and no conditional use permit has been approved by the commission, the applicant will need to apply for a full CZC at the regular price and a full Design Review. If, however, a CZC or Conditional Use has been completed but no Design Review has been submitted, the applicant will be required to do a CZC with Prior Approval and full Design Review. On the other hand, if the particular project has an approved Design Review the applicant will be entitled to a CZC w/ Prior Approval and the DR modification will be included in the price. Please see Exhibit A for a visual depiction of the process. Certificate of Zoning Compliance $453.00 This is the existing fee amount that will continue to be required when a new building is proposed or when an existing building, which has not previously obtained a CZC, changes to a new use. If the change of use is occurring in an existing building and no site%xterior modifications are required and/or proposed to occur, certain landscaping requirements, as set forth in section 11- 38-1, may not be applicable until physical alterations/additions occur. Certificate of Zoning Compliance with prior approval $173.00 This existing fee amount would be required when a building, which has been through a CUP process and/or has obtained a CZC, is proposing exterior alterations or site modifications to the CZC or DR. Through this memorandum, we have clarified when the fee applies, and we have reduced the fee from $187 to $173 to be consistent with the DR fee. Certificate of Zoning Compliance for change of use with an existing CZC and no exterior alterations/parking requirements $53.00 This new fee amount would be required for tenant improvements, when a building, which currently has a CZC on file and has a fully conforming developed site, is asking for a change of use but not doing exterior alterations or site modifications. This represents a fee reduction from $187 to $53 and reduced application requirements as well. Design Review $173.00 This fee amount would be required for any projects subjected to design review as set forth in 11- SB-8. Through this memorandum, we have clarified when the fee applies; we have reduced the circumstances under which a DR fee is required for CZC modifications. Fee schedule clarifications and additions June 2009 Page 3 of 5 IV. Conclusion Staff believes these changes will ensure a timely and equitable change in processing specific administrative planning applications. The prices accurately reflect the amount of research and review necessary for each application. Please .let me know whether you have any additional questions or concerns, or whether there is anything further I can do to assist with this matter. cc: Bill Nary, City Attorney Charlie Rountree, City Council Liaison to the Planning Department Fee schedule clarifications and additions June 2009 Page 4 of S Exhibit A Is the existing use legal? Bs the applicant rrtalcing interior Improvements only? no Is there 2n existing CZC7 Is there en existing GUP? No ~ FuI I CZC ($435 00} Full DR {$173.00} Change of Use CZC Process- draft o5i14~2oas ~c ~nCliesi`. ',tOhj4it8it Is there an existing DR? No i CZC w/Prior Approval ($173.00} & Full DR ($173.00} Y~ + CZC vul pflar appraval, DR included ($173.00) Same use promised as preaicusly existed? Np Is there an existing CZC? Na F¢di CZC (~s3.00}: ' ° t+lo DR unless add tonal blc~ cDnBtrlc~don niquired 6g U0C Handle through Bult~ng Dpt TI with change of occupancy Yes Are ther6 sit9 moditicetions requEred ay the uDCa Ye8 p~ CZC w! Prior Approval CZC 0173.00} Verif~ation 'No fit unless ad~ionat {$53,00} nst~uc6on r~uired ~ C Fee schedule clarifications and additions June 2009 Page S of S June 19, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING June 23, 2009 APPLICANT City Clerk's Office ITEM NO. 6-C-1 REQUEST Update on Changes to Open Meeting Laws Effective July 1, 2009 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 Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. June 19, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING June 23, 2009 APPLICANT Police Department ITEM NO. 6-D-1 REQUEST Weed Abatement on Properties 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 properly of the City of Merldfan. June 19, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST SSC Update and Final Public Comments 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• June 23, 2009 ITEM NO. $ COMMENTS See Previous Item Packet /Minutes ~s~ /~~ Materials presented at public meetings shall become property of the City of Meridian. ~~ Page 1 of 2 Tara Green From: Jaycee Holman Sent: Monday, June 15, 2009 4:34 PM To: 'Michael Tetrault' Cc: Tara Green; Jaycee Holman Subject: RE: Sanitary Services Collection proposed changes for Meridian residents Follow Up Flag: Follow up Flag Status: Green Mr. Tetrault, We are currently taking public comment on the proposed changes to trash service. This public comment period is open until the City Council meeting on 6/23 at 7:00 p.m. If you would like to speak before the Council, we will take your public testimony at the meeting. I will include your a-mail below in the Council's packets and it will be entered into the public record. If you have any questions regarding the public hearing process, please feel free to call me on my direct line at 489-0389. Thank you and have a great evening. Jaycee L. Holman City Clerk City of Meridian From: Michael Tetrault [mailto:mtetrault@cableone.net] Sent: Sunday, June 14, 2009 2:19 PM To: supervisor@sscwaste.com Cc: clerk Subject: Sanitary Services Collection proposed changes for Meridian residents Importance: High To whom it may concern, I was unable to attend any of the open house sessions regarding the proposed trash collection changes, but had a couple concerns about the new system. I live in Red Feather subdivision and moved in a couple years back. I was informed at that time that if I wanted one of the standard large capacity green cans that I would need to rent it monthly from your organization and could not purchase a separate one (because of differing specifications with commercially available cans). Not a problem. I then offered to purchase one of your cans since I plan on residing at my current address for the foreseeable future (perhaps 20 to 25 years). My reasoning was simple. If I am forced to rent your trash can (since I am disallowed to buy a comparable one), and spend $3.00 per month for it, that makes it a $720.00 charge over the course of time that I reside at this location - on a trash can that is worth considerably less. When I originally spoke to a rep on the phone about this seemingly unfair business practice, I was told there were no other alternatives. I offered to purchase the can you are requiring for your cost or even a little higher so that you could see a little profit from it, but was denied that option as well. So at the time, I just decided to continue using the can I had purchased previously. Now that I may not have that option available to me as of Oct. 1 st, 2009, I decided it was time to again broach the issue of having a payment option that allows for purchase of the can and not monthly rental, since my intention is to be a long-time resident of Meridian at my current address. I don't think anyone wants me to spend $720.00 for a trash can on top of paying the monthly fees for regular trash pick-up in the first place. Anyone can see that it is price-gouging in its purest form and I'm sure that any person once they look at the details would also balk at this proposal. Perhaps something can be worked out along the lines of charging aone-time fee of $100.00 for use of the can which includes any upgrades made on your part during the time I reside at the current address. I'm open to other solutions as well if you have any, just not having to pay ten times what something is truly worth. I believe it's an 6/19/2009 Page 2 of 2 issue of fairness. I look forward to your reply and any possible solution you may have to remedy this situation. Thank you. Michael Tetrault 2775 N. Betula Ave. Meridian, ID 83646 6/19/2009 Meridian City Council Special Workshop Meeting May 19, 2009 Page 8 of 33 F. SSC Update and Public Comment Rountree: Thank you. Next item on the agenda is SSC update and public comment. Steve and Rick. Sedlacek: Madam Mayor, Members of the Council, my name is Steve Sedlacek (unintelligible). We started this process last fall and I think there was a proposal to (unintelligible) and I was anxious to switch right away and you called me down and (unintelligible). Friedman: Excuse me just a moment, Steve. Which one? You had two of them on here. Sedlacek: (Unintelligible) some people showed up I would say unhappy that we were proposing a change, but by the end understood why we were proposing (unintelligible) and that's fine, but at least we had a good discussion on why we were going to change (unintelligible). So, three reasons to change (unintelligible). We are, basically, looking at (unintelligible) water and sewer and it's all based on a unit cost basis (unintelligible). So, we also want -- well, as land fill fees increase (unintelligible) we control those costs. The second issue is the one (unintelligible) we -- I just want an information (unintelligible) in the last ten months and (unintelligible) we do a lot of safety training (unintelligible) these were the three or four big project (unintelligible) again, there were other comments (unintelligible) what do we do with extra weight. This is the big thing. This is the big hurdle. Particularly grass. Right now our waste loads have gone up tremendously because of grass (unintelligible) anyway, I'd like to talk about each of those comments. The next slide (unintelligible) so, what I would (unintelligible) that's not going to work. It's not going to work for me (unintelligible) we don't know what that restructure is. One thing we struggle (unintelligible) where people who have yard waste (unintelligible) be happy to answer any questions. (Unintelligible). That's basically a draft that shows the public how the rates are going to start (unintelligible) we could talk more about (unintelligible). So, your going to get a five gallon cart and you're going to get (unintelligible) if you tell David Zaremba he's on week A, what does that mean? You know, is that this week or next week. So, we are going to have to issue calendars (unintelligible) and also once you get into it (unintelligible). So, those are the four big comments. There were a number of other comments that we should just go through quickly. How many employees lose their job (unintelligible) two man trucks to (unintelligible). I hope the Council doesn't allow (unintelligible) anumber of rates -- different rates (unintelligible) I'm not going to advertise the 32 gallon can initially. We are happy to provide it (unintelligible) we are all required to have (unintelligible) by their homeowner's association and (unintelligible) the city of Boise has (unintelligible) they have actually raised the rates (unintelligible) Italked to those people and (unintelligible) and this would -- they would eam credits to (unintelligible), so I would prefer to -- if you want to credit for recycling and, then, go to the smaller can or reduce your rate that's your credit. That's how I (unintelligible). We can talk about that (unintelligible) it's not something (unintelligible) so my last (unintelligible) there would be no changes (unintelligible) cost of the equipment (unintelligible) so that's the recommendation Meridian City Council Special Workshop Meeting May 19, 2009 Page 9 of 33 (unintelligible) after we understand what (unintelligible) Ican go through these with you and I will go over these with you. Again, automated recycling (unintelligible) so one thing about (unintelligible) what can size (unintelligible) and that's really all I (unintelligible) in terms of (unintelligible) stand for questions, take comments (unintelligible). Rountree: Questions for Steve? De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess, Steve, we did talk to the Commissioner Tillman at lunch today and he said that the reason that Dave can't really do anything with his presentation is they have told him no on his -- his proposed increase and told him that -- to go back to the drawing board and bring them back other information, so -- and when pressed to give me an idea of a date I didn't get one. In fact, he was really good at not answering my question. Sedlacek: (Unintelligible). De Weerd: But I do know that they are in the process of trying to recalibrate the load that is going up to the landfill right now is significantly reduced and that's why they are telling him go back to the drawing board and let's refigure your strategy, so -- Sedlacek: Right. And I don't want (unintelligible) people have the choice to control (unintelligible) but I don't think that (unintelligible) you know, the background noise (unintelligible) and how do we manage that. (Unintelligible). Hoaglun: Question. Rountree: Brad. Hoaglun: Some of the things I heard, Steve, probably want you to reiterate, because I think there is some confusion out there. One is the fact that if we go to this new system there is no can rental, that does go away for people. I notice some people seem still confused. They think they still -- the rates will change, we will go to the new system, and they still have to rent a can and that's not true. Is that correct? Sedlacek: Correct. Yes. Part of the reason (unintelligible) Imean the rate structure (unintelligible) that's a 95 gallon (unintelligible) there is no other rental charge (unintelligible) just one rate (unintelligible). Hoaglun: And also, Mr. President and Steve, if they take a -- say a 64 gallon can and they have some grass clippings they want to put in there and they can still close the lid, Meridian City Council Special Workshop Meeting May 19, 2009 Page 10 of 33 it doesn't prohibit them from putting that yard waste or leaves or anything else in that can and having it disposed of, as long as the lid closes; is that right? Sedlacek; Correct. And we (unintelligible) you know, we are going to issue (unintelligible). Hoaglun: Mr. President, last question on this is if you're looking at doing an implementation in the spring of next year, what -- what is the deadline -- because you would have costs and planning and different things, when does the decision need to be made? Sedlacek: The decision (unintelligible) Ican get trucks fairly (unintelligible) we are probably looking (unintelligible) let's say (unintelligible) we are not manually lifting (unintelligible). So, let's say that's April 1st. Yeah. October 1st (unintelligible) we didn't get the rate structure until late -- very late and it was an election year, so maybe it will be better this year. (Unintelligible) so I think that it's time (unintelligible) could you implement the (unintelligible) that's possible now you would still be in a system where you (unintelligible). Rountree: Steve, I need you to clarify those dates and I think you answered Brad's question, but I'm not sure. What's your timing if we are to move forward with commingled that you need an action on our part? Sedlacek: If you would like (unintelligible) and we will get it implemented Rountree: Okay. Sedlacek: What I think the (unintelligible). Rountree: Okay. Sedlacek: But we can move quickly towards that. Rountree: Okay. Sedlacek: The bigger (unintelligible). Rountree: Thank you. Any other questions? I have got a couple here, Steve. The composting concept in my mind, if we move this direction, is the right thing to do, but the fundamentals of that is if we can compost it, I suspect the city is going to want to compost some of the other materials at the wastewater treatment plant in the same process and at that point in time when the finished product is generated, is there an outlet for it? That's been a problem in the past that you create a usable by-product, if you will, but there is no market for it. Meridian City Council Special Workshop Meeting May 19, 2009 Page 11 of 33 Sedlacek: Part of the consulting study did look at people selling compost (unintelligible) and this is material that we would (unintelligible) presumably you should get more money for it, but you're still (unintelligible) you're going to have to go down to the lowest (unintelligible). So, I think it is (unintelligible) Idon't know (unintelligible). Rountree: I guess I'm concemed -- Sedlacek: I'm concemed about that, too. I think (unintelligible) not based on how much you can sell the material for. I don't think (unintelligible). Rountree: I'm not even thinking about selling, I'm thinking can we even give it away. Sedlacek: Oh, sure. De Weerd: I would take it. Sedlacek: You're going to have a lot of it. De Weerd: Not all of it. Just enough for my garden. Sedlacek: I'm sure Mr. Siddoway (unintelligible) his share. But you're right. Rountree: It's a big volume. Bird: You're talking about volume. Sedlacek: (Unintelligible). Rountree: The other question -- and it's fundamental to the first phase of this if we go there, is the commingling. Now there is a process to handle the commingled recyclables. If at some point in time that even becomes noneconomic, where do we go? And the other aspect of the commingle -- and you brought up glass -- and I know we don't recycle glass, nor does anybody else in the state, but it is an issue and there will probably be folks that are going to say, well, this is recyclable and I'm going to stick it in the can and that gums up the works in the processing plant of the commingled waste. So, to me they are one and the same, but what happens if we lose the commingled separation facility? Sedlacek: I would (unintelligible) he can talk to you about long term markets and market values (unintelligible). Rountree: That's all I know. Sedlacek: Do that real quickly. Rountree: Rick, if you would just state your name for the record, so we can -- Meridian City Council Special Workshop Meeting May 19, 2009 Page 12 of 33 Callahan: Rick Callahan. Rountree: Thank you. Callahan: (Unintelligible) our markets are (unintelligible) we get the proverbial (unintelligible). Our company has been around for a long time (unintelligible) we never have problems (unintelligible) you know, our plans are submitted (unintelligible) and as far as (unintelligible) you know, hopefully, it's (unintelligible) it's funny, because I have been (unintelligible) machines are running (unintelligible). That's just something that (unintelligible) try to see eliminate (unintelligible) there really are none at this point in time and we don't have (unintelligible) and, then, secondly, (unintelligible). Rountree: Thank you. Callahan: I hope that helps. Rountree: It did. And some more -- and I was to going to ask you about glass, but you took care of that as well. Thank you. Any other comments or questions for Steve? Zaremba: Mr. President? Rountree: Dave. Zaremba:, I would say that last bit is probably good news. If I recall the meeting that attended you seemed to think that the commingled recycling was going to have to be trucked to someplace in Oregon. So, this is good news. Sedlacek: Yeah. There is (unintelligible) until then I (unintelligible) so we hope (unintelligible). Rountree: Thank you, Steve. We did advertise this -- this meeting tonight to take public comments, not public testimony. The process I think that we will be following is to have an opportunity for the public to comment this evening and through the 16th of next month and we will, then, schedule a public hearing on the 23rd of June and at that point we will finalize the decision and direction that we want to give our provider here. At this point I will open up the meeting for those who wish to make a public comment and I would request that you be succinct when you tell us something, when you leave the podium we understand where you're coming from, and we will probably give you about three minutes. And maybe a little more beings we don't have an audience full of folks like we anticipated we would. So, whomever wants to be first, please, come up to the podium and we will welcome your comments. Seeing none, but some folks that are interested in this topic, I hope, thank you for being here. It is not a public hearing, so I don't have to close a public hearing. Steve, do you have any other comments? And, then, I'm going to ask the Council to muse a little bit on the topic some more and maybe provide you a little more direction. Meridian City Council Special Workshop Meeting May 19, 2009 Page 13 of 33 De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess just to reiterate, if you have comments get those back to us by the 16th of June and they will be considered as Council makes their decision on how we move forward or if we continue as is. Rountree: My comment at this point -- Steve, thank you for the effort you and your staff have gone to to do this, so you have done an outstanding job. You have responded extremely well to the public. I know you now recognize you don't necessarily want to be in our shoes, but you're to be commended for the effort that you have undertaken. It's been a quality effort. Appreciate it. Any other comments or guidance that we might throw out there? We aren't making a decision, but is there -- are there some things that you're interested in pursuing that Steve mentioned or not pursuing? Zaremba: Mr. President, I would just comment on -- I guess my assessment of the meeting that I attended and that is that those that came to the meeting and the comments that they made seemed to be receptive and understanding of the idea that this is another one of those things that may need to change, because the city has grown. The way that we were doing it is -- is becoming difficult. If we keep doing it the same way it will become much more expensive I'm sure and I felt that people understood and, essentially, supported the idea that this was being looked into. The typical questions that were brought up is, okay, how much is this going to cost me and where do I put the container. But I felt that even those questions were asked in a receptive and positive manner. So, if you're looking for guidance from me, I would say move forward with it. Hoaglun: Just a quick comment, Mr. President. I do like the idea at the meeting I attended -- someone said that was the first time they had heard it. Maybe not. But about doing the recycling first, because that way that will allow people -- we encourage recycling, we get that waste stream out, it's not going to the landfill and, then, people can see what size garbage can they, then, can utilize. And I think that's -- that's a great way to go about that, if we move forward with both systems. And just the other comment I have is both from your company's perspective and from the city's side of things, we are going to have to do a good deal of education to the public about this. I mean that's just -- when you have change like this, if the Council decides, yes, let's move forward with this, boy, that's change and that's always hard, because people have habits and we will just have to make sure they know what's going to, how to do it, and why we are doing it and, then, if we move forward it's -- it's a lot easier. So, that's all have. Rountree: My comment is that I'm a user pay guy and I think that the philosophy of the more you use the more you pay is a right way to go. I have always thought that we certainly have folks that take advantage of -- you can put 14 cans out on the curb every Meridian City Council Special Workshop Meeting May 19, 2009 Page 14 of 33 week and the guy next door puts out a small white plastic bag full of a handful of things and paying the same rate. I like the idea that you have come up with, the phase in, if we move forward, to go with the recycling first, that brings people an understanding of what the automation is about and how easy it can be, I think it will increase recycling. It won't affect rates, which is always a good thing, though, there will be rate increases, not necessarily because of that. The only hesitancy I have is that if we do move forward with automation, I think that the Council ought to make a complete decision and not have one dependant on the other. If we are going to do it, let's say we are going to do it, but we will schedule it over a period of time. And it appears that the -- the comments that you have received is about a two to one very favorable for most of the affects of this program. From an economic standpoint I believe it's the way to go. We see nothing but continued rate increases to get rid of the volume that's generated here. If we can do anything to at least reduce those increases, I believe that's our job. And all the other spin-off benefits that come from this program. So, I hope that we will get more comments over the next three weeks and, hopefully, Steve, when you do come back and we do have a public hearing on this process, you have got a little finer point on some of the -- the real nagging questions in terms of how much it's going to cost and I know you're going to have to do some crystal ball gazing to come up with those numbers, but we will have to have a basis from which to make a decision in those areas. I don't think we can do it on -- well, it's going to be about this, it's going to be this based on these assumptions and, then, you will have to develop a model to do that. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: You know, our office has heard from some of the citizens that realize that the user pay basis is a best model and that many of them have come from areas that don't have this unlimited garbage type of opportunity, I guess you could say, and so they realize that as a -- as a public we have to be more frugal in how we dispose of our waste and how we better utilize our precious resources. So, there is -- there is reluctance to the change, because change is difficult, but there is also greater understanding, too, what it means for our environment for the long term and those kind of things. I did think, too, that if Council decides to move forward with this on the commingling and the every other month or every other week, in identifying that and also identifying what is recyclable as a sticker for your can that reminds someone every time they put something in there what is recyclable and what isn't, like you had on your presentation, no glass, you know, I got that hint in your presentation. But also if you're buying tags for your bags, you may have a different tag for your composting material or your grass clippings and your yard waste that maybe, then, that is a way you can pay for that composting idea. So, just another idea for when you come back and give concluding remarks at the end of the public commenting and -- for consideration. Rountree: Any other comments? Seeing none, Steve, and your folks, thank you. Look forward to hearing from you again on the 23rd. ~IECETVE]) JUN 19 ~O9 MEMORANDUM TO: Mayor Tammy de Weerd Members of the Meridian Citv Council: Mr. Charlie Rountree, President Mr. David Zaremba, Vice President Mr. Keith Bird Mr. Brad Hoaglun cIT1r ol= cwt. ~... CITY CLERKS ®FFICE FROM: Steve Sedlacek, General Manager, Sanitary Services, Inc. DATE: June 18, 2009 SUBJECT: Estimated Solid Waste Collection Rates -Conversion to Automated Collection. Introduction Sanitary Service has proposed changing the residential solid waste collection system to an automated, user pay, system. The purpose of this memo is to evaluate how residential rates will change based on assumed increases in landfill tipping fees and changes to the consumer price index (CPI). First, changes to the current rate structure are applied based on assumed landfill and CPI adjustments to establish a range of rates if we stayed in the current rate structure. Next, that range of rates is modified into an automated collection rate structure for comparison purposes. It is anticipated that this memo will be used as a basis for determining the actual rate structure once the CPI and landfill adjustments are finalized. Current Rate Structure The current $13.45 rate for unlimited, residential solid waste collection can be subdivided into the following costs: $ 0.81 -City of Meridian (franchise fee) $ 3.19 -Disposal (Ada County) $ 9.45 -SSC ($6.58 -waste collection, $2.87 recycling) Additionally, approximately 56 percent of Meridian residences rent a cart for an additional $2.88 per month bringing their total monthly bill to 16.33 per month. Landfill Fee Assumptions Effective October 1, 2009 it is assumed that the Ada County Commissioners will raise disposal fees at the Hidden Hollow Landfill. For the purposes of this memo it is assumed that the rates will change for compacted waste in the range of 0% to 40%. This would change the current $11.00 per cubic yard fee to a range of $11.00 to $15.40 per cubic yard. As you can see from the breakdown of costs in the prior section, each 10% increase in landfill fees adds $0.32 per month to each homeowner's bill. CPI Assumptions SSC uses the June Consumer Price Index (CPI) as published by the Federal Bureau of Labor Statistics each year to determine the amount of rate adjustment based on inflation. Interestingly the Mav CPI dropped by 1 10% vear over near which indicates that deflation is occurring. For the purposes of this memo we shall assume that the CPI adjustment is -1.0%. The CPI is applied to all SSC costs. The breakdown of current costs indicates that the monthly amount attributable to SSC is $9.45 and a 1.0 percent reduction would be $0.09 per month. Range of Rates with Unlimited Collection Applying the range of landfill rate assumptions with the assumption that the CPI will decrease by 1.0 percent produces the following results: CPI change: -$0.10 per month Landfill change: $0 to 1.36 per month All calculations have taken into account the City's 6% franchise fee So the range of rates for unlimited residential solid waste collection would be $13.34 to $14.72 on October 1, 2009 based on the range of assumptions applied. The breakdown for the range of assumptions is therefore: 0% landfill Inc. 40% Landfill Inc. SSC costs $ 9.36 $ 9.36 Ada County Disposal $ 3.19 $ 4.47 Meridian Fees $ 0.80 $ 0.88 $13.35 $14.71 Cart Rental (optional) $ 2.85 $ 2.85 $16.20 $17.56 Modifying Rates for Automated Collection To determine the rate structure fora 32-gallon, 64-gallon, and 96-gallon container system the disposal amount ($3.19 to $4.47) must be distributed among the various can sizes in proportion to the size of the container. Also, an allowance for increasing numbers and costs of carts has to be considered. This assumes that the cost to get to each house is the same regardless of container size. Given these considerations we propose the following rate structure: Assumed Landfill Fee Increase = 0% 32-aal 64-aal 96-aal SSC costs $ 9.36 $ 9.36 $ 9.36 Ada County Disposal $ 1.59 $ 3.19 $ 4.79 Carts $ 1.00 $ 1.00 $ 1.00 Meridian Fees $ 0.76 $ 0.86 $ 0.97 $12.71 $14.41 $16.12 Assumed Landfill Fee Increase = 40% 32-Qal 64-aal 96-aal SSC costs $ 9.35 $ 9.35 $ 9.35 Ada County Disposal $ 2.24 $ 4.47 $ 6.71 Carts $ 1.00 $ 1.00 $ 1.00 Meridian Fees $ 0.80 $ 0.95 $ 1.09 $13.39 $15.77 $18.15 Bag or Can Tags One of the characteristics of the automated collection system will be the use of bag or can tags to identify extra waste for collection. The Bag/Can Tag would be purchased at City hall and would be placed around the neck" of a bag or on the homeowners 32- gallon can to indicate to our driver that it is ready for collection. Our proposed rate for tags would be $0.75 each. Tags would be used on either a bag, bundle, or can but they would need to meet the weight and size requirements. Arrangements need to be made with MUGS so that customers can purchase tags over the phone using a credit card or billed to an account -assuming proper identification can be verified. Issues on charging costs to accounts for rental units would also need to be clarified. Page 1 of 1 Tara Green From: Jaycee Holman Sent: Monday, June 22, 2009 3:07 PM To: Tara Green Subject: FW: Please see the attachment Attachments: Green SSC Support.pdf Please make sure this is part of the record. Thanks. Jaycee L. Holman City Clerk City of Meridian From: Pe99Y Gardner __ Sent: Monday, June 22, 2009 3:05 PM To: citycouncil Cc: Jaycee Holman Subject: Please see the attachment I wanted to be sure you had this letter for your records. Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Phone 489-0529 6/22/2009 ~b ,h ~~h hJ huh i ~ $.~. ~.~ g~1 °m ~~~~~ h ~ ~_~ mill ~i ~. r~~,~ i ~ the i~ ~r~ ~ h ~~~ - '~ are ~~ °`' h ~ ~~ft red ~~ `~ s @ ~.~ [~ ~~ CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET SATE June 23, 2009 ITEM # 8 PROJECT NUMBER PROJECT NAME Sanitary Services Final Public Comment PLEASE PRINT NAME S. FOR I AGAINST (NEUTRAL CITY CLERI4S 0 Page 1 of 1 Tara Green From: Steve Sedlacek [ssedlacek@sscwaste.com] Sent: Tuesday, June 23, 2009 3:23 PM To: Tara Green Subject: FW: late input Attachments: AVG certification .txt More input about the solid waste collection issue. Steve From: Peggy Johnson [mailto:mprjohnson@cableone.net] Sent: Monday, June 22, 2009 8:22 PM To: supervisor@sscwaste.com Subject: late input I would have liked to attend one of the open houses and I know this is late but I'd still like to give you my input... We are totally in favor of anything that will encourage residents to recycle and the current °no restrictions" on the amount of trash people can put out makes it too easy for people to just send everything to the landfill. Making the recycling easier and making people pay for the amount of trash they put out could really help and we applaud your efforts to make a difference. One question... will there be any provision for recyclable things such as grass, tree pruning, etc...? These shouldn't be part of the regular recycle items but it doesn't seem like they should just go with the trash. There should be some kind of 'compost' recycle. Max and Peggy Johnson 660 W. Indian Rocks St. Meridian 83646 No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.339 /Virus Database: 270.12.85/2193 -Release Date: 06/21/09 20:02:00 6/23/2009 Tara Green From: Steve Sedlacek [ssedlacek@sscwaste.com] Sent: Tuesday, June 23, 2009 3:23 PM To: Tara Green Subject: FW: grass/yard clean-up and new bins coming in Oct. Attachments: AVG certification .txt _AVG ~ation_.txt (2~ More solid waste comments Steve -----Original Message----- From: Randy Amidon [mailto:supervisor@sscwaste.com] Sent: Friday, June 19, 2009 4:58 PM To: Steve Sedlacek Subject: FW: grass/yard clean-up and new bins coming in Oct. -----Original Message----- From: Kimberly Stump [mailto:Kimberly.Stump@itd.idaho.gov] Sent: Friday, June 19, 2009 10:57 AM To: supervisor@sscwaste.com Subject: grass/yard clean-up and new bins coming in Oct. I'm curious as to how we will be disposing of our grass clippings, tree trimmings, etc. when you roll out the new "one bin for trash, one bin for recycling" program coming this fall. Will we need to sort our recyclables? Does grass get put in the trash or is it recyclable? Thanks, Kim No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.339 / Virus Database: 270.12.79/2186 - Release Date: 06/18/09 17:59:00 1 June 19, 2009 MERIDIAN CITY COUNCIL MEETING AZ 08-015 June 23, 2009 APPLICANT Ronald Van Auker ITEM NO. 9 REQUEST Continued Public Hearing from June 9, 2009 -Request for Annexation and Zoning consisting of 15.05 acres from RUT to C-G, and I-L zones for Pignut west side of South Locust Grove, north of E. Overland ~ south of I-84 AGENCY CITY CLERK: CITY ENGINEER: GIN 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 Affidavit of Postin See aRached Recommendations Contacted: Date: Phone: Emailed: Staff Initials: Mater~ls presented at public meetings shall become property at the CRy of Meridian. COMMENTS See Previous Rein Packet / Mh~vles June 19, 2(~9 RZ OS-tm9 MERIDIAN CITY COUNCIL MEETING June 23, 20Q9 APPLICANT Ronald Van Auker ITEM NO. ~ O REQUEST Continued Public Hearing from June 9, 2~9 -Request for a Rezone of 1.69 acres from C-G to I-L zones for Pignut -- west side of S. Locust Grove Rd north of East Overland Road and south of I-84 AGENCY COMMENTS CITY CLERK: See Previous item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations 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 shop become properly of the CHy of Medd~n. June 19, 2009 MERIDIAN CITY COUNCIL MEETING PP 08-012 June 23, 2009 APPLICANT Ronald Van Auker ITEM NO. 11 REQUEST Continued Public Hearing from June 9, 2009 - Request for Preliminary Plat approval consisting of 6non-residential building lots and 1 other lot in a proposed C-G 8~ I-L zone for Fignut - w/o S. Locust Grove, nJo E. Overland AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Revised Piat See Previous Item Packet /Minutes See attached Recommendations Contacted: Date: Emailed: Phone: ~rarr mmais: Materials presented at public meetings shah become properly of the CHy of Meridian. June 19, 2009 MERIDIAN CITY COUNCIL MEETING June 23, 2009 APPLICANT ITEM NO. ~ Z REQUEST Public Hearing - PY2009 CDBG Action PIa/1 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. City Council Workshop June 23, 2009 12. PY2009 CDBG Action Plan: At the June 16 Meeting, Council members provided staff with their priority order of projects for inclusion in the PY2009 CDBG Action Plan. Council's composite priority order of projects is below, along with (1) an indication of whether each is included in the draft plan, (2) the allocated funding amount for projects/activities that are included, and (3) an explanation of staff s rationale for inclusion or exclusion of each project, if necessary: 1. Five Mile Creek Pathway (Included - $50,000): To complete necessary environmental review and begin construction of pathway from Fairview to Pine. 2. Centennial Park (Included - $55,000): Install playground equipment and other amenities. 3. Facade Improvements (Included - $40,000): Provide funding to MDC to continue Facade Improvements program in designated Urban Renewal Area. 4. Code Enforcement (NOT INCLUDED): Excluded due to difficulties identifying an appropriate dollar amount. If a specific dollar amount is identified, then the entire PY2008 allocation to Code Enforcement ($20,000) is still available (i.e. it has not yet been spent). The City has the option to roll those funds over for Code Enforcement in PY2009. 5. Fire Protection Upgrades (NOT INCLUDED): This is a lower priority as identified by Council for use of CDBG funds. The dollar amount has not been identified, but preliminary estimates indicate that the need may exceed what CDBG can realistically achieve. There is also no guarantee that these parks will not redevelop soon after upgraded infrastructure goes in, which would be a waste of that investment and a violation of CDBG regulations. Staff asked the Fire Department about other available grants/funding that maybe able to address this need and will continue the dialogue in the future. 6. Homeownership Assistance (Included - $20,000): Staff included this activity in the draft plan because (1) HUD expects/likes to see some expenditure on housing for LMI residents, (2) it is an activity that is specifically called out in the City's Five Year Consolidated Plan, and (3) it constitutes a relatively small portion of the total PY2009 budget (8%). 7. Other Funded Activities: a. Public Services: Per Council's direction on June 16, 15% of the PY2009 entitlement ($37,494.30) is proposed for Public Service activities. Those activities will be administered by the Meridian Food Bank and/or Boys & Girls Club. Staff requested an opportunity to discuss the detailed breakdown of Public Service funds at the July Council Workshop. b. Administration: The City can spend up to 20% of its annual entitlement on administrative activities such as staff time, consultants, non-project-related expenses (that are required by HUD), etc. Staff proposes allocating the fu1120% ($49,992.40) allowable under this funding category. c d 0 a-=~ U Q C~ m D U . - U ._ U ~.~ O ~~ ~~ ^~ W C (~ L 0 0 N M N 3 a~ .~ m O c ca a ~-_~' C~ Q N a c C7 m ~ O ~ U O O ~ a 0. O C d a o ~ 0 ~ 0 r 0 r ~ O o N G ~ c ~ ~ m~ 0 0 0 1` 0 0 0 ~ o v V o o ~ co 0 0 N O Q ~ ~ d' O O ~ ~ d 'Na' O t j ~ N ~ ~ `~ O ~ ~ ~ ~ ff~ fi3 fA tf! N ~ C 7 O a '+. 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D 0 c~ -~ 0 Q 0 June 19, 2009 MERIDIAN CITY COUNCIL MEETING June 23, 2009 APPLICANT ITEM NO. ~ ~ 3 REQUEST Public Hearing -- Status of Funded Activities for Meridian Senior Center with Idaho Community Development Block Grant 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 CNy of Meridian. COMMENTS See attached CITY OF MERIDIAN NOTICE OF PUBLIC HEARING Notice of Public Hearing on the Status of Funded Activities The City of Meridian received an Idaho Community Development Block Grant in the amount of $52,900 from the Idaho Department of Commerce. This funding is allocated to the State of Idaho from the U.S. Department of Housing and Urban Development. These funds have used to make improvements to the Meridian Senior Center including modification of the existing main entrance/exit to befully-accessible, window replacement, installation of dining room soundboards, installation of air conditioning in kitchen area, paving of the parking lot, installation of handicapped parking signage, and replacement of kitchen and serving counter tops. The hearing will include a review of project activities and accomplishments to date, a summary of all expenditures to date, a general description of remaining work and any changes made to the scope of work, budget, schedule, location or beneficiaries. The hearing has been scheduled for Tuesday, June 23, 2009 at 7:00 P.M. in the Meridian City Council Chambers at Meridian City Hall located at 33 E. Broadway Avenue, Meridian Idaho. Project information will be available for review at Meridian City Hall in the City Clerk's Office. Verbal and written comments will be accepted up to and at the hearing. Information provided at the public hearing will be available, upon request, five days prior to the hearing. Special accommodation or alternative formats for non-English speaking persons and persons with disabilities will be available, upon request, with minimum of five (5) days notice prior to the hearing. The hearing will be held in a facility that is accessible to persons with disabilities. For more information, contact the City Clerk's Office at 208-888-4433. ~„~,~„~~,,,, Dated this 29t" day of May, 2009 Jaycee Publish Dates: 1St and 15t" of June, 2009 ~~~ r~, q'y '-. o City Clem 9 ~ ,~ `; ~~ ., y Q„ Page 1 of 1 Tara Green From: Delta James [DJames@sageidaho.comj Sent: Tuesday, June 02, 2009 2:09 PM To: Tara Green Cc: Matthew Ellsworth Subject: handout and sign up sheets for Senior Center CDBG public hearing Follow Up Flag: Follow up Flag Status: Green Attachments: 2ndhrg_handoutMeridian 6-09.doc; 2nd hearing sign up sheets.docx Hi Tara: Attached you'll find a draft handout for the "Status of Funds" Public Hearing for the Senior Center CDBG project (part of the required grant close out process). This handout needs to be made available for people to pick up at City Hall at least five days before the public hearing. Please check the date and time of the hearing start then make a few copies to have available. This is also what needs to be read into the public record at the hearing start - which I will do since I intend to be there. Also attached find sign-in sheets for the public hearing. Folks who want to testify at the hearing should sign one of these three sheets (these document their position on the matter). Please have these available at the hearing, ask folks to sign, and save for me - I11 need the originals. Let me know if you have any questions and thanks for your help! All the best, Delta James Planning Specialist Business and Community Development Sage Community Resources PO Box 902 Donnelly, ID 83615 Mobile: 208.859.7042 Email: djames@sageidaho.com 6/19/2009 IN FAVOR (IN SUPPORT) PUBLIC HEARING Regarding status of funds for the Idaho Community Development Block grant received for Meridian Senior Center improvements. SIGN-UP SHEETS FOR PUBLIC HEARINGS No person shall be permitted to speak before the City Council at a Public Hearing until recognized by the Mayor. All persons speaking shall speak in such a manner as will assure that the recorded testimony or remarks will be accurate and trustworthy. At the commencement of the hearing, the Council shall establish a time limit to be observed by all speakers. When the public Hearing is quasi judicial in nature or one after which the City Council is required by law to make findings of fact, each speaker must swear or affirm that his testimony will be true and correct. Any person refusing to comply with the rules will be prohibited from speaking during the hearing. NAME ADDRESS QUESTIONS OR DISCUSSION (NEUTRAL) PUBLIC HEARING Regarding status of funds for the Idaho Community Development Block grant received for Meridian Senior Center improvements. SIGN-UP SHEETS FOR PUBLIC HEARINGS No person shall be permitted to speak before the City Council at a Public Hearing until recognized by the Mayor. All persons speaking shall speak in such a manner as will assure that the recorded testimony or remarks will be accurate and trustworthy. At the commencement of the hearing, the Council shall establish a time limit to be observed by all speakers. When the public Hearing is quasi judicial in nature or one after which the City Council is required by law to make findings of fact, each speaker must swear or affirm that his testimony will be true and correct. Any person refusing to comply with the rules will be prohibited from speaking during the hearing. NAME ADDRESS IN OPPOSITION (AGAINST) PUBLIC HEARING Regarding status of funds for the Idaho Community Development Block grant received for Meridian Senior Center improvements. SIGN-UP SHEETS FOR PUBLIC HEARINGS No person shall be permitted to speak before the City Council at a Public Hearing until recognized by the Mayor. All persons speaking shall speak in such a manner as will assure that the recorded testimony or remarks will be accurate and trustworthy. At the commencement of the hearing, the Council shall establish a time limit to be observed by all speakers. When the public Hearing is quasi judicial in nature or one after which the City Council is required by law to make findings of fact, each speaker must swear or affirm that his testimony will be true and correct. Any person refusing to comply with the rules will be prohibited from speaking during the hearing. NAME ADDRESS Status of Funds -Public Hearing Idaho Community Development Block Grant City of Meridian Tuesday, June 23, 2009, at 7:00 P.M. HANDOUT The City of Meridian applied for and received an Idaho Community Development Block Grant in the amount of $52,900. These funds are being used to help fund improvements to the Meridian Senior Center. Total project cost to date: $52,900 ICDBG: $ 52,900 ($52,413 spent to date) Local Match: $ 0 Status of Grant Funds: ICDBG funds remaining = $ 487 ($460 admin dollars and project closeout activities - $27 unutilized construction funds) Activities Completed to Date: CDBG funds were used to: upgrade the facility front entrance ramp, ramp cover awning structure and front door to allow better access for people with limited mobility; replace the facility's windows with energy-efficient and building code approved windows; replace dining room soundboards with fire-safe and health compliant acoustical paneling; install an air conditioner in the kitchen; pave and restripe the parking lot; install handicapped parking signage; and replace kitchen and serving area counter tops. Activities yet to complete: We anticipate completing all activities funded by CDBG in August, 2009. Changes in the project budget, performance targets, activity schedules, project scope, location, objectives, or beneficiaries: One priority in the grant CDBG application -the replacement of five interior office doors with ADA-compliant doors -was not completed by decision of the Meridian Senior Center Board of Directors. After seeking consultation from a building contractor, the Meridian Senior Center Board teamed that the necessary widening of the interior doorways to accommodate replacement of the existing office doors would require unanticipated and costly additional work (new framing headers, replacement of drywall, painting, etc). Because the budgeted construction funding would not be enough to complete this priority, and because the parking lot's deteriorated condition posed amore-pressing accessibility need, the Board decided that parking lot resurfacing was of a higher priority than the replacement of the interior office doors and a more pressing safety need. A project amendment request detailing the above was submitted and approved by the Idaho Dept. of Commerce. Public Comment: This public hearing is now open for verbal comments. Minutes of this public hearing will be prepared by the City Clerk and submitted as part of the project closeout activities. CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE ~ u ne 23, 2009 ITEM # 13 PROJECT NUMBER Status of Funded Activities for Meridian Senior PROJECT NAME Center with ICDBG ~ PLEASE PRINT NAME ~ FOR ~ AGAINST (NEUTRAL _.~~o a°~!1 ~ S CITY CLERICS OFFICO= CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE June 23, 2009 ITEM # 12 PROJECT NUMBER PROJECT NAME PY 2009 CDBG Action Plan PLEASE PRINT NAME FOR AGAINST NEUTRAL ~~~9 uV CITY CLERKS ~OFFIC June 19, 2009 ZOA 09-001 MERIDIAN CITY COUNCIL MEETING June 23, 2009 APPLICANT City of Meridian Planning Department ITEM NO. ~, REQUEST Ordinance -- Request for Zoning Ordinance /Unified Development Code Text Amdmt to modify and clean up specific sections of the UDC for Outdoor Storage and Parking Unified Development Code Text Amendment 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 ~~ ,~a~ b"` Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Merldlan. CITY OF MERIDIAN ORDINANCE NO. ~~ / ~a BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 11 OF THE MERIDIAN CITY CODE REGARDING ZONING AND SUBDIVISION REGULATIONS CODIF~D AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian to provide for orderly growth and development and to carry out the policies of Meridian's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCII. OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 11, Unified Development Code, of the Meridian City Code is amended to read as follows: Section Tent 11-3B-8B2 For parking lot replacement that is greater than fifty percent (50%) of the parking area, all current landsca a standards of this amble section shall be met. 11-3B-8C1 For Perimeter Landscaping; The following standards apply to the perimeter of parking_ r other vehicular use areas, includin drivewa 11-3B-8Cla Requirement: Provide a five foot (5~ wide minimum ~ landscape buffer adjacent to parking, loading, or other paved vehicular use areas, including driveways, vehicle sales areas, truck parking areas, bus parking areas, and vehicle storage areas, subject to the following exceptions:: i. This requirement may be reduced or waived at the determination of the director where there is a shared driveway and/or recorded cross parking agreement and easement with an adjacent property. ii. This requirement may be reduced or waived at the determination of the director for truck maneuverin areas in industrial districts. UDC OxnnvAlvcE AMENn1v~NT -June, 2009 Page 1 of 6 11-3B-8 C 1 c Encroachments: Structures less than one hundred twenty (120) square feet, including, but not limited to, trash enclosures and storage sheds, may encroach into a re~,uired t~®-p~ landscape buffer,. excluding any buffer to adjoining residential uses as set forth in 11-3B-9. 11-3A-14 11-3A-'i4: OUTDOOR STORAGE AS AN ACCESSORY USE: Accessory outdoor storage shall be allowed for an approved use subject to the followin standards: 11-3A-14 A. All outdoor storage of material, ~,uipment. inventory and/or supplies shall be conducted in an orderly manner _ Air.,+e..:~~~ ~t~..~~ ..,.+ r.e ..+„~ea •+~,• +t, a a ~+ a •.. oao-v ~ m . ._,_~. mss: It shall be unlawful to conduct outdoor storage of materials equi~m~ inventory and/or supplies in a manner that• 1. Creates a yublic nuisance visual blight, or acoustic impacts 2. Blocks. imtxxles or overlaps any sidewalks and/or vehicular traffic ~3. Causes the site ~ to be used as a "vehicle wrecking or junk yard" as herein defined. GB. For roperties in commercial and/or traditional districts 8outdoor storage of materials, equipment, inventory and/or supplies shall be incorporated into the overall design of buildings and site landscaping so that the visual aa~eusfis impacts of these functions are fully contained and screened from view of ei~-a€ v~ adjacent properties, the railway corridor, and public streets by a solid fence ar wall with a muinimum height of six feet (6'). Such fence and/or wall shall be conshucted of comvlimentary or of similar design and materials of the primary structure. C._ For nronerties in residential districts all materials equipment, inventory , , and/or sutrolies, sha11 only be stored in the rear or side yard and shall be screened by a solid fence. six feet (6' in height No outdoor storage of materials eguimnent. inventory and/or su~h'es shall be allowed in the required street yard except as follows: on corner properties such materials maybe stored in the street side yard where such area is screened by a solid fence„ six feet (6'1 in hei t, see section I 1-3A-7 for fencing regulations in street side yards D. For yrot~erties in industrial districts. the following standards shall avnly 1.For nrouerties that are adjacent to non-industrial ~erties and/or public streets outdoor sto a of materials en invento and/or su lies shall UDC 01tDIl~1ANCE AMENDMENT -June, 2009 Page 2 of 6 be incorporated into the overall design of buildings and site landscaping so that the visual impacts of these functions are fully contained and screened from view of adjacent non-industrial.pro~es and/or public streets by a solid fence and/or wall with a minimum height of six feet (6'~. Such fence and/or wall shall be constructed of complimentary or of similar design and materials of the vrimary structure. 2. For properties that adjoin the railway corridor in addition to the standazds of subsection 1 outdoor storage of materials egiu_pment, inventory, and/or supplies shall be screened from the edge of the required street buffer a distance of one hundred feet (100') from the ed eg of right of waYparallel to the railway corridor 3. For properties where subsection 1 and/or subsection 2 do not a ~ply outdoor . storage azeas do not need to be screened. 11-43-33 11-4-3-33: STORAGE FACILITY, OUTDOOR~I~B~: 11-43-33 A. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. B. Stored items shall not block sidewalks or pazking azeas and may not impede vehicular or pedestrian traffic. C.-B: The site shall not be used as "vehicle wrecking or junk yard" as herein defined: s~ D. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000 from a hospital. E. For pmperties in industrial districts, the following standazds shall apply' 1. For properties that are adjacent to non-industrial properties and/or public streets outdoor sto a of materials ui en invento and/or lies shall UDC ORDIIVANCE AMENDMENT -June, 2009 Page 3 of 6 be incoroorated into the overall design of buildings and site laadsca~g so that the visual impacts of these functions are fully contained and screened from view of adiacent non-industrial properties and/or public streets by a solid fence and/or wa11 with a minimum height of six feet (6') Such fence and/or wall shall be constructed of complimentary or of similar design and materials of the primary structure. 2. For erties that ad'oin the railwa corridor in addition to the standards of subsection 1, outdoor storage of materials equipment:. inventory and/or supplies shall be screened from the edge of the r~,uired street buffer a distance of one hundred feet (100') from the ed eg of right of waYpara11e1 to the railway corridor 3. For properties where subsection 1 and/or subsection 2 do not apply outdoor sto a areas do not need to be screened. 11-3C-4 PARING ~&T STANDARDS FOR SINGLE- AMILY DETACHED TOWNHOUSES. SECONDARY. DUPLEX AND SINGLE-FAMILY ATTACHED DWELLINGS: I 1-3C-4A A. Use And Design of Pazkin~; 1. Required parking spaces shall be used for vehicle parking only. (Ord. OS-1170, 8-30-20005„ eff. 9-15-2005) 2. Only registered automobiles and motorc cv les may be parked in the required street yard. All other vehicles including, but not limited to vehicles without current registration, recreational vehicles. personal recreational items boats trailers and/or other vehicles shall only be parked in the rear or side yard and shall be screened by a solid fence. six feet (6'a in heighl~ 3.On corner properties vehicles ma be parked in the street side vazd where such area is screened by a solid fence six feet (6' in height, see section 11-3A-7 for fencing regulations in street yazds. 4. Location of parking spaces relative to structure(s)• a. Parking spaces for all single-family detached, townhouse secondary and duplex dwellings shall be located on the same lot as the use that they aze intended to serve. b. Parking for single-family attached dwellings shall be located not more than three hundred feet (300') from the structure(s), except as provided by section 11- 3 C-7 of this article. S. All narking and loading areas shall provide property drainage of surface water to event the drama e of such waxer onto ad'acent o ernes or walkwa s. UDC ORnn~lAlvcE AMENn~ -June, 2009 Page 4 of 6 6• All Harkins azeas shall be designed and constructed to provide the a and number of offstxeet arkin s aces r aired b section 11-3C-6 of this article. 11-3 C-4B B. Improvements: 1, Exceut as allowed in subsection 2 all off street parking areas and driveways into sand throush a narking area sha11 be improved with a compacted gravel base not less than four inches (4"} thick, surfaced with asphaltic pavement y n_.a. fa7 1~2~ t n ~n~~ 2. Where the narking area is screened by a solid fence six feet (b') in height, the off street parkinu areas and driveways shall be improved with a dustless material including but not Limited to vegetation. asphaltic pavement rock. concrete pavers, bricks, or recycled asphalt (asphalt grindings) Oravel is not a preferred improvement material because it must be chemically treated every three months to remain dustless. Such surface will only be allowed at the discretion of the director for temporary or short-term parking 11-3C-5 PARHING STANDARDS FOR ALL OTHER USES NOT SPECIFIED IN SECTION 11-3C-4 11-3C-SA A. Use And Design Of Parking Areas: 1 • All parking areas shall be designed and constructed to provide the type and number of off street parking spaces required by section 11-3C-6 of this article, and designed as required by this section. 2. Location of parking spaces relative to structure(s): a. Parkins spaces for nonresidential uses shall be located not more than five hundred feet (500') from structures except~rovided by section 11 3C 7 of this article. uu 7 UDC OitnINAATCEAMENDMENT -June, 2009 Page 5 of 6 ~~is-~isle_ b. ~. For any vertically. integrated residential project, not more than ten percent (10%) of the required parking shall be located in the front of the structure. Section 2. That all other provisions of Title l I as they relate to the Unified Development Code remain unchanged, Section 3. That pursuant to the affirmative vote of one-half (112) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on ,~il~ a 23 2009. PASSED b the C' y ity Council of the City of Meridian, Idaho, this ~ day of t~.,v~.R. , 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of ~--~~ 2009. APPROVED: ~~`~ MAYO ATTEST: a~,"""'~ ---,-,~~ O~ ~''~. • ~ -. CITY C !.RK = $~~ ~~ ~~ + UDC Oxnnv~vCE A~1vD1v1EN•r -June, 2009 Page 6 of 6 June 19, 2009 AZ 07-017 MERIDIAN CITY COUNCIL MEETING June 23, 2009 APPLICANT David Dean ITEM NO. ~ ~ 5 REQUEST Amdmt to Ordinance No. 0&1350 A -Request for Annexation and Zoning of 40.4 acres from RUT to C-C zone, R-8 zone 8~ R-2 zone for Three Comers 6380 North Locust Grove Road 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: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings sha0 become properly of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 11 801SE IDAHO 06125/09 02:28 PM DEPUTY Lisa Ban RECORDED-REQUEST QF III Ilillllilllllilllllllllllll III III Meridian City 109~07~#7 i ~ CITY OF MERIDIAN AMENDED ORDINANCE N0.08-1350 A BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN AMENDED ORDINANCE (AZ 07-017 THREE CORNERS SUBDIVISION) FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN THE NORTH HALF OF THE NORTHWEST NW 1/ OF SECTION 29 TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO C-C (COMMUNITY BUSINESS DISTRICT), R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT), R-2 (LOW DENSITY RESIDENTL~I. DISTRICT) IN THE MERIDL~N CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FII.ED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIItED BY LAW; AND PROVIDING FORA SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCII. OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: David J. Dean and Luane I. Dean. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT (Ada County) to C-C (Community Business District), R-8 (Medium Density Residential District), and R-2 (Low Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. AMENDED ORDINANCE FOR ANNEXATION OF AZ-07-017 THREE CORNERS SUBDIVISION Page 1 of 3 SECTION S. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. °~ ~ASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 0~3 day of c ~ ~_ , 2009. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of t~.~`~~ , 2009. ATTEST: JAYCEE L. HOLMAN, CITY Nuiu uu G~GGZ~~~i ``~d~~- rig `h .~`°,~~ ~ 0~~~0 AMMY de WEERD ` d O``` ~ ,e ~~O '% sR~~~e AMENDED ORDINANCE FOR -~- ~o~ r ys~ • ~ ~~®~~~`' ~ o Q~{~-07-017 TffitEE CORNERS SUBDIVISION ~''f+rrrnr ~gt~`~'~of 3 STATE OF IDAHO, ) ss. County of Ada ) On this ~3~day of ~~ , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ®,.®..®® (SEAL) Q®~•,'M~ ~ C~~®•~ ®® ~ O 1,A e~eC'•'® ~ ~~r~` a ~ a 0 i 9 e a ' • a ^ o e t 0s~ a i • ~'~~~ i O •••• NOTARY PUBLIC FOR IDAHO RESIDING AT: ~(~` ~'ip MY COMMISSION EXPIRES: ld~l l~l AMENDED ORDINANCE FOR ANNEXATION OF A~07-017 TffitEE CORNERS SUBDIVISION Page 3 of 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 ~", ^ ' 1'bOTHMAN-ORTOIN ENGIIING COMPANY • ooNSUi'tn~o•errou~leBS. smalvE7ross nNa ptawwBRs • 9nr a•il~t>tN e0U1EVAito BORE, IDAi'id 8371A-2pC8 ?oe-i3~-a'3e9 • •F~U(20&323-2399 bo~loen8rw.e°m Piojeet: 07121 Date: Sepfember 7, _2007 Revised: ID.ctober 4, 2007 •Fage: 1 of 2 EXfl~B1T "E" Lead Iaescription of Property for Rezo4e to R-2 Zoae A P8rce1 of lead located in the North Iiialf of the Northwest 1'/4 of'Section 29, Township 4 North, Range 1 East, ]3oise Meridian, Ada•Counry, Idaho, being more particularly described es follows: C(yMMEN~IG at the cornar common to Sections 19, 20, 29 and 30; thence, along the northerly boundary of said Section 29, A) 5.89°26'41"E., 1326.49 feet to the W 1/l6 comer common to Sectigns 2t) and 29; ,then ]~) 'S.00°31'S9"W., 342.50 feet•to the POIOYT OF BEGINNING; thence, 1) 5.00°31'S9"W., 982.14 feet to the east-west ceaterlihe wf the NVWI/4 of said 5ectio~n 29; thence, along said oast-west deaterline, 2) N.89°36'20"V~., $18.58 feet; thence, leaving mid east-vgest cepterline, 3) N.00°37'20"E., 730:62 feet; thence, 4) N.89°59'Sb"E., 3.09 feet; thence, 3} 3.00°33''15,"VV., 24.55 feet thane, 6) Southeastorjy algag a curve to the left having a radius of 221.61 feet, an arc length pf 663.27 fee;, through a central Bogle of 171 °29'0•l ", end a chord bearitrg end distance ofS $9°2~'45'B., 442.00 feet; thence, . 7) N.00°3~' 15''E., 3.9.38 feet thence, $) Northwesterly along a clove to tpe left having a radius of 171.00 feet, as arc length of 18.48 feat, through a central aoglt; of 08°45'07", and a che~rd bearing end distance of N.03°49' 19"W., ] 8.46 feet thence, 9) 5.87°26'30"E.,169.18 feet; thence, J 0) Northeasterly along a curve tb the let'i; llavinS a trBditls of 125.00 feet, as arc length of 19.4? feet, through a central angle bf OB°55'3?", Bad a chord bearing and distance ofN.02°09'S9'~:.,19:45 feet; thence, tug u I ~wvnr«~er,Nw w~a~.tr~a R•a.doe BOISE • •COEUR d'ALE1yE • CALDV~yEI.L Exhibit C -Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 t"~. ~I TOOTRMAN.ORTOI~k EIVGIIVEERWG COINPA$IY . .. Proaect: U71.21 Date: September 7, 2007 l?tevis'ed: October 4, 2007 Page: 2 of 2 17) Northwesterly along a curve to the le8 having a radius of 29.50 feet, an arc 1'ength of 1.4.48 feet, though a central angle Qf 28°07'02' ; and a chord bearjng , and distance of N.1,~~11'18"W.,,1~4.33.feet; thence, 12)N.3tl°24'49"Vil., 3d.2S feet; thence, 13)N.24°Q2'S8"W.,15.69 feed; thence, 14)N.58°11'08");., 276.33 feet tq the POIIVT OF $)CGI~NNING CbNTAINING: 12.87 acres, more or less. . SUBJIECT TO all Covenants, Rights, Rights~of-Way, Easements of•Record, and any Encumbrances. EJCf~TIt' "tl" attached, and by this reference, made a part Hereof. (PMs description is hosed on record survey data and'is for Rezoning purposes only. A f1~ld survey svgs 1101 conducted) a~ al. !:Y pit 122087 `~a~ioaKa•oEa~o tL•1a71;11 PatleMRatop~ R~tda~ 2 Exhibit C - Pago 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 }s'•, '1 1'OOTHMAN•0>IrRTON F,NGIN~EERi111G COMPANY , . OOWSUt.77NO ENOp~, SUAVBYO~IS A'ND l-iAi~9VEpS ' ' 8777 e.tlUJpEN BOUlEVARQ 8915E, tDAHO 83na2GG¢ 248.323-3288' + FAX 208.323-;399 •hoiset8lde~.e°m Prgject: 07121 Date:. September 1, 2U07 Revised: OctolSer 4, 2007 P$ge: 1 of 2 EJL®IT "F" Lead Description of Property for ftezbne to R-8 Zone A parcel of land located in the North Half of the Nortl-we4t 1/4•of$ection 29, Township 4 Nortby Range 1 Fast, Boise Meridian; Ada County, Idaho, being more particularly described as follows: COIVIlVIENCIIVG at the coiner common tb Sections 19, 20, 29' and 30; thence, along the •neartherly b4undaiy of said• Section 29, A) S.89°26'41'B., 1326.491:eet~fo the W' 1/16 comer wmmgn to Sections 20 and 29; thence, 8) S.00°31'S9e'1~V,, 342.50 feety thence, C) S.58° 11'08"W., 240.00 feet to tits POIIPTT'OF BEGINNII~IG; thence, 1) S.58A11'08"W., 36.33 feet; theni~;e, 2) S.24°02'S8"~.,15.69 feet; hence, 3) S.30°24'49'~., 36.251`e~t; tlieace, 4) Southeasterly along a carve to :the night having a radius of 29.50 feet, an erc length of 1.4.4.8 feet, through a central angle of 28°07'02", and a.chord bearing, and distance of S.16°3.1''18"`~V.,,14.33 feet; thence, 5) 3outhweaterly along a cove to the right having a rr;dius of 125.00 feet, as arc length of 19.47 feet, tbrobgh a central angle of 08°55'33°, and a chord bearing at-d elistaaoe pf S.02°09'S9"W.,19.45 feet;. thence, ~ N.67"26~30"W.,169.1t3 feet; thence:, 7) Southeasterly along a curve to flit right having a radius o>i I21.00 feet, en arc lertgth of 18.48 feat, through a central angle of 08°45'07", and a chord bearing and eistance o~ S.03o49' 19"E., 18.46 feet; thence, 8) 5.00°33' 1 S"W., 39.3'8 feat; thence, 9) Noithvt+esterly along a curve W tole tight having a i~dius of 221:61 feet, an arc length of 66.27 feet) throug#i a ee5itral angle of 171°29'01 ", and a chord bearing and distanCa gf N.89°26'45"W., 442.00 feet; themes, to~o~tat~~m~w~~eFaaauaa-~.aoe, 1 BOISE • COEURd'ALF.IVE • CALDWFLJ. Exhibit C -Page 8 CITY OF MERIDIAN PLANNING DEPARTMBM STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 .~ , .-,. TOOTHMgN=Oit1•OtY EN.CIN~ERIIVC QOIY~ANIY • Project: 07121 hate: September 7, 2007 Revised: October 4, 2t)Q.7 Page: 2 of 2 PO) N:0:0°33' 15"E., 39.38. feet; thence, 1 ] } NorWive~ierly along a curve to tbe.aght haying a radius of 121.00 feet, ain arc length of 70.79 feet, through a central. angle of 3~°3 I'0;+",'and a chord bearing and di~tanCe bfN.i7°18'49"•$., 6978 feet; thence, 12)N.4:4°26'45"W., 183.17 j'eet; thence, l3}N.39°Q7'32"E.;15.56 feety thence, 14) Northeasterly along a curve io the right having a radius of 300.OD feet, an arC length of 269.2.4 feet, through a celntraC angle• of S ] °25' 19", and a chord bearia~ and distance of N.64°Sb'11 `g., 260.30 feet; the>ice, 15) S.89°27'09"E.,187.49 feet;'thence, 1~ Southeasterly along a curve to the right having a radius of 300.00 feet, an arc length of 342.45 feet, through a central eagle of 65°24' 11"', and a chord bearing and distance of 5.56°45'03"E., 324.1.6 feet: thence, 17) 5.24°0~'S8"E., 39.52 feet to the POQYT OF'BEGIM~NG. CONTAIIVII~IG;: 6.~T acres, more or less. SUBJECT TO all Covenants, Rig4ts, ltights.of-Way, ~ssemgnts of Record, and any Encumbrances. E7~IIBIIT '"G" attached, and by the reference, made a part hereof. 177iis description is based on record survey dat¢ and is fofi Rezoning purposes only. A R Val. BY O~Ctj 12 2a41T WORKB~ P1,t6 feed survey was trot conducted) 1t:Ip71~11WPQltl\SWVey1.tJ{v PmAei-Re~poeR~.00a 2• Exhibit C -Page 9 °ll'°- i® E @'V ~ 111 E E FE 5 Project No; {37121 Date: June 4, 2009 Page: 1 of 2 EXHIBIT "D" Revised Land Description of 1?roperiy for Rezone to C-C done A parcel of Sand being a portion of the Northwest Quarter of the Northwest Quarter of Section 29, Township 4 North,lZange 1 East, Boise Meridian, Ada County, Idaho, being n3ore particularly described as follows: COMMENCING at the corner coanrnon to Sections 19, 20, 29 and 30 of said township and range, from which the Quarter corner comrnon to said Sections 30 and 29 bears, 5.00°37'24"W., 2656.54 feet; thence, along the West line of said Section 29, A) 5.00°37'24"W., 40.23 feet to a point marking the beginning of anon-tangent curve on the southerlyright-of--way line of Chinden Boulevard, marking the POII'+iT OF BEGINi~li1VG; thence, along said right-Qf-way line, 1) Southeasterly along said curve to the right, having a radius of 34,337.48 feet, art arc length of 30.00 feet, through a central angle of 00°03'00", of which the long chord bears 5.89°37'42"E., 30.Op feet; thence, parallel with the ''-~est line of said Section 29, 2) N.00°37'24"E., 40.00 feet to a point on the centerline of said Chinden Boulevard, marking the beginning of anon-tangent curve; thence, along said centerline, 3) Southeasterl}~ along said curve to the right, having a radius of 34,377.48 feet, an arc length of 95.00 feet, through a central angle of 00°09'30", of which the Long chord bears 5.89°31'26"E., 95.00 feet to a point on the North line of said Section 29; thence, along said North line, tangent from said curve, 4) 5.89°26'41 "E., 1201.57 feet to the northeast corner of the Northwest Quarter of the Northwest Quarter of said Section 29; thence, slang the East Sine of the Northwest Quarter of the Northwest Quarter of said Section 29, 5) 5.00°34'24"W., 342.55 feet; thence leaving said East line, 6) 5.58°11'08"W., 239.86 feet; thence, 7} N.24°02'58"W., 39.52 feet to the beginning of a tangent cw•ve; thonce, 8) Northwesterly along said curve to the left, having a radius of 300.00 feet, an arc le~igih of 342.45 feet, through a central angle of 65°24' 13", of which the long chord bears N.56°4S'03"W., 324.16 feet; thence, tangent from said curve, .:/1/C.1. •t. o-.rn !%c?r: •t~n-J i'...-, :. 11) '~i.;'I-: 1'I •., n. 1`'1:x_,. ., ....:~ I-. i.. :?:lC3i :3?'-1 i<p:a rn'~.•:';n . Aviation I T~arispr~rtdlrOn !Land DevelUprrrent I Landscape 6trGtitCCTUre I Munirinal I Water Rena-+rccs I Surveyn-~y '9j N,89°27'09"W., 187.48 feet to the beginning of a tangent curve; thence, Projecd No: 07121 17ate: June 4, 2fl09 Page: 2 of 2 ] 0) Southwesterly along said curve to the left, having a radius of 3fl0.00 feet, an arc -engdh of 269.25 feed, through a central ang-e of S 1 °25'21 ", of which the long chord bears S.b4°50' 11 "bV., 260.30 feet; thence, dangent from said curve, 113 5.39°07'32"W., 15.56 feet; thence, 12 j 5.44°2b'45"E., 183.17 feet to the beginning of a Gaon-tangent curve; thence, l3~ Southwesterly along said curve do the left, having a radia.~s of 121.00 feet, an arc length of 70.79 feed, through a central angle of 33°31' 10", of which the long chord bears 5.17°18'49"W., b9.78 feet; thence, tangent from. said curve, 14j S.00°33' 1 S"W., 1.80 feet; thence, I Sj 5.89°59'56"W., 3.07 feet; thence, - 6j 5.00°37'24"W., 743.62 feet to the South line of the Northwest Quarter of the Northwest Quarter of said Section 29; thence, along said South line, 17j N.89°3b' 1 S"W., 509.94 feet to the southwest corner of the Northwest Quarter of the Northwest Quarter of said Section 29; thence, along the West line of the Northwest Quarter of the Northwest Quarter of said Section 29, ] 8) N.00°37'24"E., 1288.07 feet t® the POINT OF BEGINNING. CC1N?'A]N1NG: 21.25 acres, mare or less. {For rezoning purposes only] ~~ ~~~~sRTI~gE 9- ~~ T31 a ~Iv~fr~1'o 1. RHVfEW BY JUN ~ 42009 M WORKS DEP'fiC FdEVi~ A'YKUYAL ' i~.Y ' JUN 0 ~ 2009 ~ WpftK DEP_ EXHIBI'~ "B„_~~ R~~~l"r1E 14~AP A PORTION OF THE NW 1 j4 OF THE NW 1 j4 00= SEC. 29 TO~+/NSHIP 4 NORTH, RANGE 1 EAST, 1301SE MERIDIAN ADA COUNTY, IDAHO 1.11 20 ~, CHlNf7EN BCI~JLEYAR[3 '.-,s C2 Q __.. ~... _ S89'26'41 "E ~~R ~ -' ~ ~. 120 i .57' T _._. ' ' 30 29\ ~-C1 ( REZONE "CC" Nlc°,,' I ~(N ..~ 187.4$' .~' -~' N89'27'09"W i. ~ ~~\ 6 ( LEGEND ~~a $ °$~ ~ g~ i -~- 1=ouND ~Rass caP `~ i ~ O FOUNO 5,/8" !RON PiN co w ~ > ~ ANGLE POfNT a N Q !1' I WI ~ ~ N I ~ N NW 1/4, NW 114 5EC. 29 ~ ~ ~~ ~"y U ~ •~ ~~~ NiW (P ~ N '~ A 3"W 324.16 "W 260.30 ~ 9"w _69.7s ENGINEERS ~ ~ ~ , ___~ 9777 CNINDLN 130ULEVAI2D aoJ2e _ - 80TSE. IDAHO 83X4-2008 PliOlvE:12081323-7?.i3f3 f'A}C:l?.OS1323-7.399 E-FILE H:,07111~SURVEY BASE.OWG OATE:06/D3/09 JOB: 07111 GURV£ TABLE CURVE LENGTH RADIUS DELTA BEARING _ CHORD G1 30.00 34337.48 0'03'00" 589'37'42"E 30.00 C2 95.00 34377.48 0.09'30" S89'31'26"E 95.00 C3 342.45 300.00 65'24'13" NS6'45'0 C4 269.25 300.00 51'25'21" S64'S0'11 G5 70.79 121.00 33'31'10" 517'18'4 509.94' 817.80' _ •.ti - - --- --- -- ,~ N$9'36' 15"W ~ !d89'36' t 5"W 's ~ `fl~P DUNWOOOY SUBDIVISIOf~I NV T- ~ a ,oc 200 400 boa ( 7316 ( ~, ~r~, b~o4~G>9 0 ~ ~ ~` 9~F \OP~ ~Cv .p Of ~~ ( Fy N. M c A~~ LINE TABLE LINE BEARING DISTANCE L1 N00'37'24"E 40.00 L2 N24'02'S7"W 39.52 L3 S00'33' 15"W 1.80 L4 S89'S9'S6"W 3.07 L5 539'07'32"W 15,56 L6 S00'37'24"W 40.23 o ~ .~~ i O O a ~ ~ ~ I REZONE "CC" V(o ~w ~''~ V ~ ~ N NPl LpN~ - ~ w5`'~~ ~U1 S t £RFSG'''a ~ I . ~ I . I I ,I I I i m~ ,i. oat CURVE TAB LE URVE C1 LENGTH 14.48 RADIUS 29.50 DELTA 28'07'02" TANGEN 7.39 C2 19.47 125.00 08'SS' 3" 9.76 C3 18.48 121.00 0 '4 ' 7" 9.26 C4 663.7 221.61 171' 9'01 " 2976.3 C5 70.'79 121.00 1' 6.44 C6 269.24 300.Q0 51'25'19" 144.4$ C7 342.45 3 0.00 4' 11 " 192.61 REV AL BY OCT 12 2007 ~ WORKB DEPT: C • ,• ~~' ~ ~ t 6 BLOCK f, DUNWDODY SUBDIVISIONI Mp'~(( b"• 907'..M' ~~~ s ~~ ~ I 1 T CHORD . BEARING ~ ~! 14.33 S 16' 21 18 E I~ 19.45 S02'09'S9"W ~ I 18.46 503'49'19"E a 6 442.00 N89'26'45"W ~ I 69.78 N17'18'49"E ' i 260.30 N64'S0'11"E I 324.16 556'45'03"E ~ e,N r .rrsr . b,..'t - tuaw reams ivnirrror Ma . 0 200 400 800 1200 TOOTHMAN-ORTON ENGINEERING CO. ENGINEERS SURVEYORS PLANNERS 9777 CHINOEN BOULEVARD BOISE, IDAHO 83714-2008 PHONE: 208-323-2288 FAX: 208-323-2399 E-FflE: 0016-IEIdNE WP.drg QATE:10/UW X8:07121 ~ ~~ EXHIB~7' '~G~ REZONE 11L4P FOR PROPERTY LOCATED IN THE NW1/4 OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, B.M., ADA COUNTY. IDAHO SEE REVISE® ~~~ ~ 3 ; ~ ~P.o.B." a =t _ g_ `~ `\ d _ ~ Ga 0 8 ern'at. ut ww.a• ie/ae ~ H' ~+ ~ b ~•- ~ J•. i~1 ! ~ ~ ~ ~~ ~.~ .. _ ._.__ ~o •~,e - ~ "•c- - ---- ' aoo r _ m PROPOSED C-C ZbNE SEE EXHIBIT "D" A -. -- x "P.o.B." LEGEND a-n•~a- t Sao' {~~_.- • `w. t i ~~ / REZONE BOUNDARY I i', I - •,~ ROPOSED R-8 ZONE - w.- - - - RIGHT-OF-WAY LINE SEE EXHIBIT "F" ~ - - - SECTION LINE ~- ~ 's - - -• • • - - • • • - - PROPERTY BOUNDARY _~0,• "P.O.B." POINT OF BEGINNING I I s ~I n _ ~ ~ a PROPOSED R-2 ZONE ~ SEE EXII/B/T "E° ~ ~ I I 1 s y ~ I a M • t~.t - - - - - - - - - - ~ ~ M t/t0 LINE TABLE LINE BEARING LENGTH yytq\ I L1 558' 1 1'08"W 36.33 • i L2 $24'OQ'S8"E 15.69 `~ L3 530'24'49"E 36.25 ~\ L4 N87'26'30"W 169.18 wnrranm' wearr~mr • I LS 500'33' 15"W 39.38 • s aa~ i I ~~~~. ,~ JUN ~`~~~ cin• of ~ ~ 100 DELIQUENCY FOR TURN OFF ci'iYCI.ERK~s oF~"icE Schedule for June 24, 2009 Cycle 1 MAYOR: This letter attests to the fact that no water users have requested a pretermination hearing for June 23, 2009. Users having delinquent utility bills will be shut off on June 24, 2009. The total amount past due is $15,261.94 The number of past due customers is 164 GlC ~~~ Jacy Jon Utility Billing Administrator CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Jun 23, 2009 03:47pm Current Period: 07/05/2009 -Transactions Included Throu gh: 07/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No Q = {<}6600000001 Customer.Bill Cycle =1 Customer.Customer Type = {not like} BANKRUPTCY% Customer.Shut off list =False Customer.Vacant =False Customer.Ext Agreements =False Ref No Cust No Name /Service Address Past Due Balance 1 24.04.1904.01 ABBOTT, SCOTT & ELIZABETH 95.16 205.71 2088 LUCERNE ST W 2 35.01.0313.01 ALL VALLEY ANIMAL CARE CTR 943.27 3,057.35 2326 CINEMA DFt E 3 23.01.0040.01 AMERICAN LEGION 111.62 489.48 22 BROADWAY AVE W 4 36.68.0310.01 ANJEWIERDEN, PAUL ~ JULIE 51.75 107.32 1487 LAKE CREEK ST E CANCELED D/P ON 5/27/08 DUE TO 2ND NSF ITEM IN LESS THAN AYEAR.-DB 5/27/08 5 35.35.0042.03 ANTONOV, ALEX & GALINE 115.86 249.31 2730 GREEN CANYON DR E 6 35.35.0119.02 ARROYO, ANDRES ~ TINA 72.93 167.27 2602 LOFTUS WAY S 7 35.65.0202.01 BABBIT, CARL 8 DEBORAH 57.08 127.27 1671 TIME ZONE DR E 8 46.46.6320.01 BAGLEY, RICHARD 55.42 123.95 2975 FALCON DR E 9 30.74.2674.01 BAKER, ROBERT ~ TANYA 61.54 152.29 306 OUTFIELD WAY S 10 30.74.0682.03 BALDWIN, CAMERON 70.33 100.13 704 BARRETT ST W 11 36.88.0508.01 BANNER CONSTRUCTION 56.76 73.11 278 AMALIE DR E 12 32.32.4864.02 BASTIAN, BRIAN & TAMI 81.75 150.34 507 TIBURON AVE S 13 32.32.4330.02 GATEMAN, NICK ~ CAROLE 66.43 149.29 799 THORNWOOD WAY S 14 30.74.3526.04 BATISTA, KELLIE 82.29 154.46 875 HONKER DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Payment Customers Jun 23, 2009 03:48pm Current Period: 07/05/2009 -Transactions Included Through: 07/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address 15 30.74.2724.01 BISHOP, CALVIN & JOANNA 1038 CRESTWOOD DR Past Due Balance 120.74 165.36 16 36.69.0566.01 BROWNELL, D.R. 51.75 222.47 1035 SHEPHERD ST E 04/03/09 -10:07 AM -BalderaM PAYMENT ARRANGEMENT WITH DEBBIE BROWNELL WAS KEPT 3 MORE ARRANGEMENTS THIS YEAR 2009 03/20/09 -10:13 AM - nicholse ARRANGEMENT WITH DEBBIE BROWNELL. $79.36 DUE 4/1/09 17 22.51.0901.01 BRUCE HARRIS CONSTRUCTION 171.88 229.12 35 ADA ST E 18 30.74.3426.02 BUI, HUY & VUONG, KATIE 68.00 156.19 950 JACKSNIPE DR W (CORNER) 19 36.69.0182.01 BURNS, DONALD 85.07 137.55 1444 DOBERMAN ST E 20 24.03.0380.02 CALAS, LUIS ~ TIFFANY 54.84 138.23 830 ROTAN AVE N 21 30.74.0402.01 CALLAWAY, LAUREL 83.24 208.18 733 BARRETT ST W 04/10/09 - 04:18 PM -- BalderaM DUE TO THE PAYMENT ARRANGEMENT NOT KEPT NOT ALLOWED TO DO AN ARRANGEMENT UNTIL NEXT YEAR APRIL 10 2010 04/10/09 - 08:49 AM -- BalderaM PAYMENT ARRANGEMEN NOT KEPT TURNING WATER OFF FOR NOT KEEPING ARRANGEMENT THEY WOULD NEED TO PAY 172.79 TO RESTORE WATER 03/20/09 -11:27 AM -- upsonc MADE ARRAGMENT WITH OWNR LAUREL CALLAWAY 4-6-09 $80.00 4-13-09 $62.79 INFORMED CUSTOMER OF THE TERMS AND PROCEDURES-CUSTOMER AGREED TO THEM AS A CONDITION OF AGREEMENT CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 Standard Payment Customers Jun 23, 2009 03:48pm Current Period: 07/05/2009 -Transactions In cluded Through: 07/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance 22 30.74.3518.06 CASTRICON, JENNIFER 96.71 161.57 971 HONKER DR W 23 22.50.4820.08 CHAPMAN, MICHAEL TODD 57.72 183.33 1062 ADKINS AVE N 24 23.01.2200.05 CHRISTIAN, SHARON 71.49 208.72 1532 IDAHO CT W 06/17/09 - 08:59 AM -- Ireese CUSTOMER CALLED CHECK REGARDING PAST DUE AMT. SHE HAS PAID THE $71.49 POSTED TO WRONG ACCT WILL TRANSFER FROM 23.01.2200.04 TO 23.01.2200.05. 25 24.04.1664.04 CLOYD, CORTNEY & ROSEN, TONY 114.73 280.09 1432 HAVEN COVE AVE N RENTER PAYS TOTAL DUES + FEES " 26 22.50.4478.01 COLEMAN, MICHAEL R. 53.76 128.93 532 PINE AVE E 27 23.02.0774.01 CONLIN, CANDICE 142.49 263.35 1030 9TH AVE NW 28 24.04.0888.01 CONNELL, DION 95.34 199.57 920 LATITUDE AVE N 29 23.02.1920.02 CONRADI, JEFFREY & LINDA 116.07 193.57 323 MAPLE AVE W 30 23.02.4280.03 CORBETT, ANITA K 117.57 296.04 1226 MAPLE ST 31 34.60.6292.04 CRAIG, CHARLES ~ DANIELLE 65.87 153.76 2846 PROUD WAY S 32 37.72.0228.03 CRONISTER, DAVID & TERESA 53.45 171.04 2109 COVEY AVE S NO ARRANGEMENTS ALLOWED FOR RENTER (LARA) UNTIL 1/29/08 DUE TO BROKEN ARRANGEMENTS. CASH ONLY TIL 1/29/08 DUE TO NSF WRITTEN TO GET/KEEP WATER ON. 33 36.69.0870.01 DECKER, BILL ~ ROMY 63.69 137.40 1901 EAST 3RD WAY S CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment Customers Jun 23, 2009 03:49pm Current Period: 07/05/2009 -Transactions Included Through: 07/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 34 24.04.2052.03 DEVERS, ROBERT & ALISON 100.55 216.87 2055 SUNNY SLOPE DR W REMOVED CASH ONLY/NO ARRANGEMENTS ALERT-SEE NOTES-DB 8/29/07 NO ARRANGEMENTS TIL 9/11/07!!!-CASH ONLY TIL 9/11/07 FOR CUSTOMER WHO WROTE NSF TO KEEP/GET WATER BACK ON. 35 24.04.1554.01 DOLL, THOMAS 78.43 220.64 2813 SANTA CLARA DR W NO ARRANGEMENTS ALLOWED UNTIL 11 /27/08. 36 30.74.1114.03 DOWDY, ARLEN i~ JAYNESUE 51.75 148.27 53 ROSE CL 37 35.38.0504.02 DRUGER, RHETT $ TAMARA 59.73 129.34 3091 HUDSPETH AVE S RENTER PAYS TOTAL DUES + FEES 38 46.16.1318.03 DURK, LARRY 81.18 133.87 2270 JULIET CT E 39 30.74.3678.02 EDWARDS, DEARL W & TYNA 57.67 141.20 1155 PELICAN WAY S NO ARRANGEMENTS ALLOWED UNTIL 3/24!09 DUE TO USED # OF ARRANGEMENTS ALLOWED IN A 12 MO PERIOD. 40 37.37.3868.04 FEELY, SCOTT 8 AMANDA 54.66 135.71 559 CALDERWOOD ST W 41 22.51.3108.01 FISHER, JESSICA 8~ EDWARDS, APR 82.76 130.65 75 KINGSTE RENTER PAYS TOTAL DUES + FEES 42 45.20.1019.02 FIZER, CHRIS & KRISSY 55.17 87.85 1400 IONIA DR E 43 37.37.3980.03 FRANCE, ADAM 108.62 236.33 2110 ALASKA WAY S 44 20.46.0184.02 FRAZIER, LLOYD 64.63 168.78 3566 JUDICIAL DR E 45 34.34.6108.02 FREEMAN, PAUL & CHERYL 74.66 128.08 3511 SHERGAR CT E (CORNER) CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 Standard Payment Customers Jun 23, 2009 03:50pm Current Period: 07/05/2009 -Transactions Included Through: 07/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 46 30.74.1034.02 FULLER, LANCE 103.30 254.63 44 ROSE CL 47 23.01.0480.02 GAITHER, CORRIE 56.64 134.60 724 8TH ST W RENTER PAYS TOTAL DUE + FEE 48 30.74.2938.06 GALLEGOS, BRANDON ~ TIFFANY 72.98 180.73 1432 PINTAIL DR W 49 46.46.7072.02 GANIER, PATRICK & MARCIE 60.81 135.40 3874 MILAN WAY S 50 45.26.0114.03 GARRISON, JORDAN T 72.40 165.13 1338 MONA LISA DR E 51 35.35.0050.03 GASH, MICHAEL & KIMBERLEE 68.09 152.61 2554 GREEN CANYON DR E 52 22.51.3870.02 GEORGE, RICHARD & JAN 70.82 159.73 419 3RD ST E 53 45.26.0113.02 GEORGESON, KEITH & LINDA 53.85 133.89 1312 MONA LISA DR E 54 24.03.0844.01 GODFREY, SHELLI 86.87 156.04 616 BROWNFIELD WY W 55 36.69.0578.03 GOMEZ, GILBERT 75.02 187.97 1239 SHEPHERD ST E RENTER PAYS TOTAL DUES + FEES*~'`NO ARRANGEMENTS PER THE PM 56 24.03.0328.04 GONZALES, DANN ~ 93.17 142.13 2021 SLATON DR W 57 20.46.4527.02 GONZALES, DAVID 8~ CECELIA 72.40 159.57 3512 CONGRESSIONAL DR E RENTER PAYS TOTAL DUE + FEE 58 25.05.0512.04 CRAMMER, JOHN & TERRI 56.28 191.62 3293 PARK CREEK DR W NO ARRANGEMENTS FOR RENTERS!!!! 59 23.02.3230.02 GRESSMAN, DUANE & NATALEE 76.63 141.70 551 CARLTON AVE W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 6 Standard Payment Customers Jun 23, 2009 03:50pm Current Period: 07/05/2009 -Transactions Included Through: 07/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 60 22.50.2238.03 GRIFFIN, TIMOTHY & ASHLEY 70.19 148.51 1086 CRESTLEY AVE N 06/04/09 - 03:58 PM -- BalderaM PAYMENT ARRANGEMENT KEPT TO TIMOTHY GRIFFIN THEY ARE ALLOWED 2 MORE THIS YEAR .05/26/09 - 08:21 AM -BalderaM PAYMENT ARRANGEMENT WITH TIMOTHY PAY 100.00 ON 6-01-09 PUT CHECK MARK ON THE ACCOUNT 05/11/09 - 09:35 AM -BalderaM PAYMENT ARRANGEMENT TIMOTHY GRIFFIN KEPT ALLOWED 2 MORE THIS YEAR 2009 04/24/09 -11:48 AM -Ireese PAYMENT ARRANGEMENT MADE: $50.57 - 4/30/09 PAYMENT ARRANGEMENT MAILED TO CUSTOMER ON 4/24/09 04/10/09 - 07:43 AM -BalderaM PAYMENT ARRANGEMENT KEPT WITH TIMOTHY GRIFFIN 3 MORE ARRANGEMENTS ALLOWED 03/23/09 - 01:16 PM -Ireese PAYMENT ARRANGEMENTS MADE: $27.61 - 3!30/09 $27.61 - 4/06/09 PAYMENT ARRANGEMENT FORM MAILED TO CUSTOMER ON 3/24/09. RENTER PAYS TOTAL DUE + FEE 61 45.25.0601.02 GROCHOW, EDDY & CARRIE 66.78 154.97 1359 PALERMO ST E RENTER PAYS TOTAL DUE + FEE -- NO ARRANGEMENTS FOR RENTERS PER HPMIIIIIIIIIIIII CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7 Standard Payment Customers Jun 23, 2009 03:50pm Current Period: 07/05/2009 -Transactions Included Through: 07/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 62 36.69.0206.03 GROVES, CRAIG 53.74 116.04 1525 DOBERMAN ST E 63 22.51.3104.03 GUTH, MICHELLE 54.84 121.13 83 KING ST E RENTER PAYS TOTAL DUES + FEES E"'"`NO ARRANGEMENTS PER THE OWNER 64 22.20.0082.02 GUYMON, DUSTIN & ERIN 56.50 126.11 1561 DRUCKER LN E RENTER PAYS TOTAL DUE + FEE 65 25.25.4024.03 HALE, JAYSON & LOCKWOOD, AMBER 84.84 208.64 1525 TESSA AVE N 66 30.74.2662.01 HANSEN, DAVID ~ LENORA 60.81 207.01 468 OUTFIELD WAY S 04/07/09 - 08:53 AM -BalderaM ' PAYMENT ARRANGEMENT KEPT WITH LENORA HANSEN 3 MORE ARRANGEMENTS ARE ALLOWED FOR THIS YEAR 2009 03/24/09 - 01:48 PM -- BalderaM PAYMENT ARRANGEMENT WITH LEONORA HANSEN PAY 119.54 ON 4-3-09 MAILED COPY OF THE ARRANGEMENT TO THE OWNER NO ARRANGEMENTS ALLOWED UNTIL 6/26/08-USED 2ND ARRANGEMENT ON 9/21 /07-DB 9/21 /07 CASH ONLY REMOVED-IF ONE NSF COMES BACK, WILL BE ON CASH ONLY PERMANENTLY. 67 22.50.2392.03 HAYES, MARK A & GINTER, DEANNA 62.70 140.17 1453 SHIRE PL N OFF D/P 8/27/08 PER RQST - Ev NO ARRANGEMENTS PER OWNER .....PUT ON D/P 9/11/06-DB----RECEIVED ANOTHER D/P FORM ON 12/17/07, BUT THE CHECK INFORMATION IS THE SAME INFORMATION WE HAVE. LEFT AS IS.-DB 12/17/07 68 22.50.0786.03 HEINZ, TRACY 68.63 197,74 399 BADLEY AVE E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 Standard Payment Customers Jun 23, 2009 03:50pm Current Period: 07/05/2009 -Transactions Included Through: 07/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address 69 30.74.2900.03 HEELER, BRET & HILLARY 456 SPOONBILL AVE S NO ARRANGEMENTS FOR RENTERS. Past Due Balance 58.66 123.29 70 23.01.0920.05 HERCEG, JOYCE 70.82 130.15 233 BROADWAY AVE W RENTER PAYS TOTAL DUES + FEES 71 25.05.0220.01 HESSING, WILLIAM 113.46 301.45 3887 BIG CREEK CT W 72 22.51.3040.02 HIBERNIA, INC. 119.75 256.92 265 5TH AVE E 73 21.50.0111.01 HIGH DESERT CONSTRUCTION 55.31 104.15 2058 FRANKLIN RD E 74 35.35.2356.01 HOLT, ABBY & JAMES 69.17 153.11 1779 LAKE CREEK DR E RENTER PAYS TOTAL DUE + FEE 75 24.61.0104.02 HOOPER, HAROLD J 51.75 108.31 847 CLARA AVE N 76 37.50.0221.02 HORN, PAUL & JACKIE 96.20 209.72 2920 ALFANI WAY S 77 22.50.2154.01 HUFF, ROBERT 8 PAMELA 52.69 114.67 1178 SHREVEPORT AVE N 05/11/09 -10:56 AM -BalderaM PAYMENT ARRANGEMENT KEPT PAMELA HUFFS 3 MORE ARRANGEMENT THIS YEAR 2009 04/27/09 -12:22 PM -BalderaM PAYMENT ARRANGEMENT WITH PAMELA HUFF PAY 133.11 ON 5-01-09 MAILED A COPY OF THE PAYMENT ARRANGEMENT TO CUSTOMER PUT CHECK MARK ON THE ACCOUNT 78 23.02.5510.03 JONES, SAMUEL 106.38 234.29 1501 MAPLE AVE CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 9 Standard Payment Customers Jun 23, 2009 03:50pm Current Period: 07/05/2009 -Transactions Included Through: 07/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 79 22.51.4260.01 JR SIMPLOT CO 106.85 243.50 360 BOWER ST E 80 23.01.1040.03 JST MARKETING INC 64.98 161.33 110 RAILROAD AVE W 81 23.01.0810.02 KERWIN, WILLIAM & GINA 80.94 110.74 417 BROADWAY AVE W 82 22.50.4022.04 KIDD, TOD 85.35 165.47 1058 STONEHENGE WAY N RENTER PAYS TOTAL DUES + FEES 83 22.51.0326.01 KILE, DAVID 50.50 124.10 318 BROADWAY AVE E RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE OWNER!!! 84 30.74.3800.01 KING, KEVIN 63.55 145.19 814 REDHEAD AVE S 85 22.51.3570.04 KNOX, JERRY ~ NORMA 54.84 170.96 305 2ND ST E 86 30.30.6294.02 KRAMER, JAMES & BOYER, ANGELA 60.81 135.72 1276 BROWN TROUT DR W 87 45.25.0203.02 LACHAPELLE,MICHAEL & MELANIE 55.57 123.75 3702 MURLO AVE S 88 37.72.0294.03 LAMM, NANCY 53.49 141.21 2138 GULL COVE AVE S RENTER PAYS TOTAL DUES + FEES 89 35.35.0243.03 LAVASSEUR, ED 98.38 182.45 2706 BRANDYS JEWEL AVE S RENTER PAYS TOTAL DUES + FEES "*"NO ARRANGEMENT PER THE PM 90 22.50.2428.01 LEONARD, DAMON & KELLY 117.56 218.56 1332 PENRITH AVE N 91 23.02.4520.02 LONG, JODIE 54.84 209.61 1409 13TH ST W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 10 Standard Payment Customers Jun 23, 2009 03:50pm Current Period: 07/05/2009 -Transaction s Included Through: 07/05/2009 Shutoff Minimum of $ 50.00 compa red to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 92 24.03.0400.02 LYONS, BRADLEY & RACHEL 70.49 138.99 795 TALL PINE PL N 93 30.74.3184.02 LYONS, NICK & LIZ 63.69 114.28 985 GREENHEAD ST W 94 30.74.2748.02 MADERE, TIMOTHY 71.46 145.06 1316 CRESTWOOD DR W 95 32.98.0006.01 MAGIC VIEW MEDICAL BUILDING 1,804.25 2,144.21 SPK - 3045 ST LUKES ST E 96 30.74.0394.03 MANTRA, TRAVIS & APRIL 89.06 169.88 766 FULMER CT 97 22.51.0486.01 MARCH, RICHARD 81.61 156.29 325 IDAHO AVE E 98 30.74.3172.03 MCDERMITT, CHARLES & LAURA 70.97 213.15 1113 GREENHEAD ST W 03/05/09 - 07:31 AM - BalderaM PAYMENT ARRANGEMENT KEPT 3 MORE ARRANGEMENTS THIS YEAR 2009 WITH (MCDERMITT) RENTER PAYS TOTAL DUE + FEE 99 21.50.0004.01 MERIDAN FOOTHILLS 90.00 231.08 2380 FRANKLIN RD E BLDG 6 100 21.50.0006.01 MERIDIAN FOOTHILLS 56.36 116.83 2370 FRANKLIN RD E BLDG 7 101 21.50.0008.01 MERIDIAN FOOTHILLS 75.39 264.90 2352 FRANKLIN RD E BLDG 8 102 21.50.0014.01 MERIDIAN FOOTHILLS 71.18 253.06 2336 FRANKLIN RD E BLDG 10 103 21.50.0022.01 MERIDIAN FOOTHILLS 138.87 258.72 2314 FRANKLIN RD E BLDG 2 104 32.32.4814.03 MILLER, SCOTT & JAQUELINE 85.58 142.93 496 TIBURON AVE S CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 11 Standard Payment Customers Jun 23, 2009 03:51pm Current Period: 07/05/2009 -Transactions Included Through: 07/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 105 36.69.1124.02 MILLER, STEVEN J. 75.63 191.25 1020 CAYMAN DR E 106 35.65.0312.04 MILLS, BRITNEY SUZANNE 75.08 166.59 2086 EASY JET ST E 107 46.18.0427.03 MOFFAT, CHAD 96.56 156.88 2849 DECAMERON LN E 108 23.02.5630.02 MORRISON, DWAYNE 8~ VICKI 59.82 154.33 1121 15TH AVE W 109 34.34.6052.02 MULKEY, JACOB 8~ JENNIFER 51.75 118.27 2914 GROOM WAYS (CORNER) PUT ON D/P 11/8/06--DB 110 23.02.6860.01 MYERS, MICHAEL 54.84 132.66 1090 STATE ST W 111 23.02.4200.03 NELSON, DALE & BARBARA 77.51 171.85 1618 8TH ST W 112 22.50.2150.01 NELSON, RYAN & JILL 124.28 210.51 966 WINSLOW ST E 113 37.37.3020.02 NEWSY, JOSEPH 76.06 143.43 2943 DENALI WAY S 114 35.35.5026.04 NEWELL, JONATHAN 68.23 177.91 2922 GOLD BAR AVE S 115 34.34.6062.02 NICKELL, TROY & NANCY 75.63 190.17 2955 BAY STAR WAYS (CORNER) 116 24.04.1408.02 OLIVER, ORLANDO 51.75 161.43 1485 HAVEN COVE AVE N 06/11/09 -10:51 AM - BalderaM PAYMENT ARRANGEMENTWlTH ORLANDO OLIVER KEPT 3 MORE THIS YEAR 2009 05/26/09 - 11:12 AM - nicholse ARRGMT FOR ORLANDO $83.65 DUE 6/3/09 117 25.95.1508.02 ORGILL, NICHOLAS & MELISSA 60.81 136.39 4033 HEARST ST W 118 35.35.0063.03 OVERGAARD, JOSH $ ALLYN 53.97 153.20 2761 GREEN CANYON DR E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 12 Standard Payment Customers Jun 23, 2009 03:51 pm Current Period: 07/05/2009 -Transactions Included Through: 07/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No 119 Cust No Name /Service Address 20.46.0500.02 PAHL, ELLEN 3493 FLORENCE DR E Past Due Balance 51.75 113.29 120 35.35.0172.03 PERRY, DANIEL & LORI 75.14 161.23 2829 GIVENS WAY S 121 37.37.4182.01 PETTENGILL, RAY & DEBBIE 107.29 202.67 464 DAVENPORT ST W (CORNER) 122 23.02.0070.02 PINKSTON, TONYA & THOMAS 66.79 200.06 922 2ND ST W 123 25.25.4018.02 POPE, MARK & RANDY 118.72 175.98 4670 ASPEN CREEK ST W 124 37.72.0250.02 PRATT, KEVIN $ SHANDA 105.63 170.17 2136 COVEY AVE S 03/10/09 - 03:10 PM -BalderaM PAYMENT ARRANGEMENT KEPT 2 MORE ARRANGEMENTS ALLOWED THIS YEAR 02/24/09 -12:40 PM - nicholse 2ND ARRANGEMENT 2/24/09 $47.47 DUE 3/2 8 $47.49 DUE 3/9 1ST ARRANGEMEMNT 1/27/09 125 30.74.3954.03 QUICK, TINA L 1404 GANDER DR W 06/04/09 - 03:40 PM -BalderaM PAYMENT ARRANGEMENT WAS NOT KEPT WITH TINA QUICK SHE PAID ON 6-3-09 SHE STATED THAT HE CAR HAD BROKEN DOWN 06/03/09 - 09:25 AM -BalderaM PAYMENT ARRANGEMENT NOT KEPT CALLED THE OWNER (QUICK) LEFT MESSAGE WITH A LADY STATED TO HER THAT I NEED TO HEAR FROM TINA QUICK BY NOON OR THE SERVICES WILL BE TURNED OFF 05/26/09 - 01:19 PM -nary] CUSTOMER (TINA) MADE ARRANGEMENTS TO PAY $78.47 6/1/09 74.00 186.01 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 13 Standard Payment Customers Jun 23, 2009 03:51 pm Current Period: 07/05/2009 -Transactions Included Through: 07/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance CHECKMARKED ACCT--READ CUSTOMER THE TERMS--CUSTOMER AGREED-MAILED A COPY OF THE NOTICE--IF KEPT ALLOWED 3 MORE BEFORE 5/26/10 126 22.20.0120.03 RAMMEL, MATTHEW & LISA 51.70 109.87 1315 ALVEY LN N RENTER PAYS TOTAL DUE + FEE - NO ARRANGMENTS ALLOWED FOR THE RENTERS PER THE PM! 127 20.47.1002.04 RANGEL, JUAN 177.82 391.12 1020 PARKDALE AVE N (CORNER) 128 22.50.2032.03 REYES, MICHELLE ~ VICTOR 53.41 146.49 1272 SHREVEPORT AVE N 129 23.02.5600.02 ROE, LARRY 80.38 245.25 1436 WASHINGTON ST W RENTER PAYS TOTAL + FEES 'k''`*y`*NO ARRANGEMENT PER THE PM 130 24.04.1900.03 ROGGIO, ARMANDO & MELISA 125.49 411.83 2042 LUCERNE ST W 131 22.50.2214.03 ROSE, GREG 118.23 191.89 1029 MAPLE CREEK AVE N NO ARRANGEMENTS ALLOWED UNTIL 8/26/09-BROKEN ARRANGEMENT 132 46.60.0709.02 ROWE, RICHARD & SUSAN 85.28 123.93 1969 SERCHIO ST E 133 25.95.0709.03 ROWLEY, TRAVIS & TED 66.00 161.82 979 WOLFSBURG AVE N RENTER PAYS TOTAL DUES + FEES *'k'"`NO ARRANGEMENTS PER THE OWNER 134 35.10.0123.01 SAGECREST APARTMENTS 95.10 182.36 1805 OVERLAND RD BLDG #23 135 35.10.0119.02 SAGECREST-GREENPOINT MORT 124.32 140.67 1805 OVERLAND RD BLDG #19 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 14 Standard Payment Customers Jun 23, 2009 03:51 pm Current Period: 07/05/2009 -Transactions Included Through: 07/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 136 30.74.3432.02 SAGER, LEE & NADEAN 70.24 181.93 940 VERBENA DR W 137 25.05.0720.02 SANTOS, WILLIE & MARIE 78.51 243.17 3508 FIR CREEK CT W RENTER PAYS TOTAL DUE + FEE-NO ARRANGEMENTS ALLOWED PER THE LANDLORDS 138 37.37.4110.02 SHADDICK, FREDERICK 51.26 113.97 1970 BEARTOOTH W S (CORNER) 139 29.07.1072.03 SHEETS, RONALD & RHONDA 63.20 141.17 431 MALACHITE AVE S 140 37.50.0228.02 SILSBY, LAURA 114.48 211.75 2828 ALFANI WAY S 141 46.18.0202.02 SKIVER, DAYNNA 62.84 150.41 3116 RAGUSA ST E 142 25.95.1416.02 SPARKS, MICHAEL 8 VICKI ~ 53.76 123.95 941 OXWICH AVE N 143 34.60.0419.01 STARK, KIM 54.84 128.27 2799 KNAPP AVE S RENTER PAYS TOTAL DUE + FEE 144 23.02.5050.03 STEARNS, JOE 105.74 210.41 1519 NORTHGATE AVE NO ARRANGEMENTS ALLOWED FOR RENTERS PER OWNER!!! 145 24.04.0862.05 STEPHENS, MIKE 8~ JEWELYA 66.08 168.51 1105 HAVEN COVE AVE N RENTER PAYS TOTAL DUES + FEES 146 35.65.0230.02 TANNER, BRENDA 69.81 146.29 2429 RIVER DOWNS PL S 147 46.16.0703.03 TARTAGLIA, JOHN & DONNA 82.90 156.61 2704 JULIET DR E 148 23.02.1190.01 TERRELL, A 54.11 148.74 1324 1ST ST W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 15 Standard Payment Customers Jun 23, 2009 03:51 pm Current Period: 07/05/2009 -Transactions Included Through: 07/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 149 22.51.0526.01 THOMPSON, JAMES R. 74.98 112.41 521 IDAHO AVE E 150 30.74.3234.04 THOMSEN, LORIE 60.96 118.14 1082 GREENHEAD ST W 151 22.50.0680.01 TRUST, LINDA HOOVER 61.93 149.13 1320 4TH ST E 152 23.02.0330.01 TURNER, DAVID & JEANINE 90.81 204.98 526 PINE AVE W 153 37.50.0401.02 VIERRA, ROSE 86.63 150.27 237 ORSO DR W 154 35.38.0115.01 WAITE, DEAN &CANDICE 53.50 120.11 2223 POWDER RIVER ST E 155 35.38.0116.01 WAITE, DEAN &CANDICE 56.64 121.50 2235 POWDER RIVER ST E RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS ALLOWED FOR RENTERS PER THE PM! 156 34.60.0411.02 WEAVER, J. & TRUNDY, T. 100.13 197.17 2727 HALO PL S 157 30.74.0412.04 WEISHAUP, JOSH 79.21 124.27 691 BARRETT ST W RENTER PAYS TOTAL DUES + FEES 158 22.50.4274.02 WEMHOFF, JEREMY 56.96 86.76 1029 STONEHENGE WAY N 159 30.74.3590.01 WEST, CHRISTEN & DAWN 57.23 164.21 947 WALTMAN DR W 160 25.05.0792.01 WICK, DON 72.40 222.65 3732 PINE CREEK CT W 161 22.51.3370.01 WILLIAMS, DAVID 52.86 118.83 223 3RD ST E 06/04/09 - 03:49 PM -BalderaM PAYMENT ARRANGEMENT KEPT TO DAVID WILLIAMS THEY ARE ALLOWED 2 MORE THIS YEAR 05/22/09 - 01:44 PM -BalderaM PAYMENT ARRANGEMENT WITH DAVID WILLIAMS PAY 68.59 ON 5-28-09 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 16 Standard Payment Customers Jun 23, 2009 03:52pm Current Period: 07/05/2009 -Transactions Included Through: 07/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance PUT CHECK MARK ON THE ACCOUNT 03/31 /09 -10:13 AM -- BalderaM PAYMENT ARRANGEMENT KEPT WITH (DAVID WILLIAMS) 3 MORE ARRANGEMENT ALLOWED THIS YEAR 2009 03/20/09 - 02:56 PM -- nicholse ARRANGEMENT FOR DAVID WILLIAMS. $35.52 DUE 3/27 8 41.27 DUE 4/3 RENTER PAYS TOTAL DUE + FEE 162 30.74.3644.03 WILLIAMS, SHELLIE 133.37 177.99 955 MUSCOVY AVE S RENTER PAYS TOTAL DUES + FEES '""""NO ARRANGEMENTS PER THE PM 163 24.03.0004.01 WILSON, JAN 51.17 117.02 2016 SLATON DR W 164 36.69.1054.02 ZABALA, JOHN 80.96 178.35 1076 ST LUCIA DR E Grand Totals: 164 Customers Listed 15,261.94 32,821.92 Report Criteria: Terminated customers not included Customer.Cust No () _ {<}6600000001 Customer.Bill Cycle = 1 Customer.Customer Type = {not tike} BANKRUPTCY% Customer.Shut off list =False Customer.Vacant =False Customer.Ext Agreements =False