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HomeMy WebLinkAbout2009-09-22~~E IDIAN:-- CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, September 22, 2009 at 7:00 PM 1. Roll-call Attendance: X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird O Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by (No invocation/No pastor available) 4. Adoption of the Agenda: Adopted 5. Consent Agenda: Approved A. June 29, 2009 City Council Special Joint Meeting Minutes B. September 1, 2009 City Council Minutes C. September 8, 2009 City Council Regular Meeting Minutes D. Addendum to the Agreement for Legal Services with Boise City (exhibit A to the original agreement) along with the the Cost for Services (Exhibit B to the original agreement). E. Addendum B to Professional Services Agreement with Refinerii, LLC -Meridian City Hall Public Art Project Meridian City Council Meeting Agenda -Tuesday, September 22, 2009 Page 1 of 5 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. F. Contract amendment with Pipeline Inspection Services, Inc. G. Request for change order No.2 for the Meridian/Main split corridor phase 1 project H. Revised agreement with ACRD for Ten Mile Rd., Franklin Rd. to Cherry Ln. I. Engagement Agreement with Mercer J. Approve Beer/VVine Owner Transfer from Quick Stuff #7775 to Jacksons #140; location 3010 Goldstone Drive. 6. Department Reports: A. Planning Department 1. Design Review Status Report Pete Friedman, Will Thornton 2. Review and Discuss Lists of Transportation and Community Program Priority Projects -the most needed roadway, intersection and sidewalk/pathway improvements in Meridian - as recommended by the Transportation Task Force Caleb Hood 8 Anna Canning B. Clerks Office 1. Approve New Beer/VVine License for Maverik Stores Inc. #410, location 1630 E. McMillan Rd. Jaycee Holman, Bill Nary Approved with condition that license will not be issued until Certificate of Occupancy is granted by the Building Department. 2. Update of Outdoor Sales and Temporary Uses Ordinance and Update of Fireworks Ordinance Jaycee Holman, Anna Canning, Joe Silva Will come back with changes in Ordinance form Meridian City Council Meeting Agenda -Tuesday, September 22, 2009 Page 2 of 5 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. C. Legal Department 1. Cell Phone Policy Bill Nary 2. MDC Encroachment Easement Bill Nary Approved Easement Agreement 3. Recommendations from Solid Waste Advisory Committee Bill Nary Approved Recommendations D. Sanitary Services 1. Trash Rates for Fiscal Year 2010 Steve Sedlecek, Bill Nary 7. Items Moved From Consent Agenda: 8. Action Items: A. Public Hearing for Treasure Valley Veterinary Hospital by Rick Shackleford CPA 09-004 Approved Description: Public Hearing: CPA 09-004 Request for Amendment to the Comprehensive Plan Future Land Use Map to change the land use designation on 2.52 acres of land from Low Density Residential to Office for Treasure Valley Veterinary Hospital by Rick Shackleford - 2600 S. Meridian Road: B. Public Hearing for Treasure Valley Veterinary Hospital by Rick Shackleford AZ 09-002 Approved Description: Public Hearing: AZ 09-002 Request for Annexation and Zoning of 2.52 acres from RUT in Ada County to L-O (Limited Office) for Treasure Valley Veterinary Hospital by Rich Shackleford - 2600 S. Meridian Road: C. Public Hearing for Treasure Valley Veterinary Hospital by Rick Shackleford VAR 09-003 Approved Description: Public Hearing: VAR 09-003 Request for Variance to UDC 11-3H-4B.1.c and 11-3H-4B.2 to allow the 2 existing full access Meridian City Council Meeting Agenda -Tuesday, September 22, 2009 Page 3 of 5 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. driveways to the site from State Highway 69 to remain on a temporary basis until such time as the remainder of the property develops. At such time, access to SH 69 will be closed and access to the property will be provided via Edmonds Court for Treasure Valley Veterinary Hospital by Rick Shackleford - 2600 S. Meridian Road: D. Public Hearing for Treasure Valley Veterinary Hospital by Rick Shackleford CUP 09-007 Approved Description: Public Hearing: CUP 09-007 Request for Conditional Use Permit fora 1,504 square foot addition to the existing 2,112 square foot veterinary hospital in a proposed L-O district for Treasure Valley Veterinary Hospital by Rick Shackleford - 2600 S. Meridian Road: E. Public Hearing for Bainbridge by Brighton Corporation RZ 09-003 Approved Description: Public Hearing: RZ 09-003 Request for Rezone of 5.02 acres from R-8 (medium density residential) to L-O (limited office) zone for Bainbridge by Brighton Corporation -south of Chinden Boulevard on the west side of N. Ten Mile Road: F. Request for Final Plat for Bainbridge Church Subdivision by Brighton Corporation FP 09-006 Approved Description: FP 09-006 Request for Final Plat approval for 1 building lot and 2 common area lots on 5.02 acres in an R-8 (proposed L-O) zoning district for Bainbridge Church Subdivision by Brighton Corporation -west side of N. Ten Mile Road, approximately 1/3 mile south of W. Chinden Boulevard: G. Public Hearing for Macha Retail Plaza by Armstrong Consulting CPA 09-005 Approved Description: Public Hearing: CPA 09-005 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Office to Commercial for approximately 6 acres for Macha Retail Plaza by Armstrong Consulting -south side of E. Franklin Road, approximately 600 feet west of Eagle Road: H. Public Hearing for Macha Retail Plaza by Armstrong Consulting AZ 09-003 Approved Meridian City Council Meeting Agenda -Tuesday, September 22, 2009 Page 4 of 5 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. Description: Public Hearing: AZ 09-003 Request for Annexation and Zoning of 3.95 acres from Ada County RUT to C-C (Community Business District) for Macha Retail Plaza by Armstrong Consulting - south side of E. Franklin Road, approximately 600 feet west of Eagle Road: 9. Ordinances: None 10. Other Items: A. Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) Adjourned at 10:34 p.m. Meridian City Council Meeting Agenda -Tuesday, September 22, 2009 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting September 22, 2009 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, September 22, 2009, by President Charlie Rountree. Members Present: President Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Pete Friedman, Caleb Hood, Sonya Wafters, Warren Stewart, Bob Stowe, Mark Niemeyer, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird Mayor Tammy de Weerd Rountree: Good evening and welcome, everybody, this evening. Thank you for being here. I will open tonight's meeting. It's Tuesday, September 22nd at 7:00 p.m. This is a regular City Council meeting. Roll call attendance, City Clerk. Item 2: Pledge of Allegiance: Rountree: If you'd all rise and join us in the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Rountree: I understand that we had a cancellation for the invocation this evening. Item 4: Adoption of the Agenda: Rountree: So, we will move on to the adoption of the agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we adopt the agenda as published. Hoaglun: Second. Meridian City Council September 22, 2009 Page 2 of 62 Rountree: It's been moved and seconded to adopt the agenda. All in favor? Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. June 29, 2009 City Council Special Joint Meeting Minutes B. September 1, 2009 City Council Minutes C. September 8, 2009 City Council Regular Meeting Minutes D. Addendum to the Agreement for Legal Services with Boise City (exhibit A to the original agreement) along with the the Cost for Services (Exhibit B to the original agreement). E. Addendum B to Professional Services Agreement with Refinerii, LLC -Meridian City Hall Public Art Project F. Contract amendment with Pipeline Inspection Services, Inc. G. Request for change order No.2 for the Meridian/Main split corridor phase 1 project H. Revised agreement with ACHD for Ten Mile Rd., Franklin Rd. to Cherry Ln. I. Engagement Agreement with Mercer J. Approve Beer/Wine Owner Transfer from Quick Stuff #7775 to Jacksons #140; location 3010 Goldstone Drive. Rountree: Next item is the Consent Agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Meridian City Council September 22, 2009 Page 3 of 62 Zaremba: I move that we approve the Consent Agenda as published and authorize the Mayor to sign or the Council President in the absence of the Mayor to sign, and the Clerk to attest. Hoaglun: Second. Rountree: It's been moved and seconded to approve the Consent Agenda. All in favor? Opposed same sign? The motion -- well, excuse me. That should be roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Planning Department 1. Design Review Status Report Rountree: Next item on the agenda is Item 6, Department Reports. Reports from the Planning Department. Pete, design review status report. And Will. Friedman: Thank you, Council President Rountree, Council Members. When the Council adopted the design guidelines back in February, you requested staff to come to you after six months to give you a status report on the implementation of the guidelines and that's what we are here to do tonight. We have provided in your packet a pretty detailed memo regarding what we found after our review of the past six months. So, Will and I are, basically, just going to kind of hit the high points of that. I will give you some overall background and, then, Will will give you a rundown on some of the lessons teamed. I'm happy to report that overall design review citywide is going well. There was a steep teaming curve both for our staff, as well as for our customers, but with Will's assistance and the staff eagemess to team and the eagemess to team on the part of many of our design clients, we have been able to get our arms around it pretty well. There is still a lot of things we often go back to and debate and discuss, but that's the nature of the document, because it is guidelines, rather than strict regulations or standards. And I think one thing that we are especially proud of is the amount of engagement that we have had with some of our applicants, both in the project phase, but just -- we have had a number of them come in and say, geez, can we sit down and kind of talk to you about this or we have got two or three things we have in the pipeline and how -- how can I ask these -- how do these guidelines affect what we might be working for. So, staff -- Will, in particular, has spent a fair amount of time having those sorts of meetings with some of our customers. It hasn't all been roses. We have had some difficulties and experienced some difficulties with some of our customers, particularly in instances where someone has presented a project prior to ever consulting the city. So, they have come in and said, well, this is what we are thinking about Meridian City Council September 22, 2009 Page 4 of 62 proposing and then -- then we have had to spend quite a bit of time working with them and generally have been at least able to find a good middle ground using our guidelines. Another challenge has been adopting -- or adapting certain building forms. We knew this was going to be an issue, particularly with industrial buildings and sure enough we were right. However, I'm happy to report that in the couple instances where there have been some different viewpoints on it, again, we have been able to work with those applicants and come up with a design solution that at least meets the spirit and intent of the guidelines and still allows them to proceed with the program that they have planned, generally within their budget expectations. So, to date we have had 25 applications, 24 are -- have been processed and one is still in process. They range in size from park maintenance buildings, to elementary schools, to banks, to industrial spec buildings -- a wide range of applications, which is good. We have had some multi- family. We haven't had a lot of attached residential yet, but we are hoping that when the market picks up we will have an opportunity to start looking at those as well. And so far, as you know, we have built into the process the ability to convene a design professionals committee that the planning director can rely on when working up a recommendation for the disposition of a design review application and so far we have only had to convene that committee once and, actually, that was a good experience for us. The applicant was satisfied with their recommendations and it allowed us at least to take a look at that process and what we can do to make that process a little bit smoother and kind of meet some of the requirements that jive with our code. So, we have spent a lot of hours working on this and we spent a lot of time, as I said, engaged with many of our customers, some of whom never make application, many of them whom do, and I think it's been very valuable, I think it's been good for the city, it's moving us again at that level of quality design I think that is expected by the Council and by the public and is starting to receive a warm reception from most -- most of our customers and most of our applicants. So, at this point I think I'll tum it over to Will and he can just focus on the lessons teamed. There is -going to be one area we are seeking Council direction on tonight, but only one. So, I'm happy to answer any questions you have now or we will wait until Will has concluded his remarks. Rountree: Questions for Pete? Thank you. Will. Thornton: Council President, Members of the Council, first of all, you can expect that we will be making adjustments and refinements to this process and to the documents themselves. One being the standards that we have put into the UDC and also the design manual itself is part of the Comprehensive Plan. So, they will both -- both of those amendments will be coming before you in due time. For those amendments we have issues that we will be addressing -- staff will be preparing and addressing the need for an exemption for certain types of buildings or in certain instances where a design review may not be appropriately applicable to the situation. Also we have been -- we have had a meeting with the design community -- or design professional community about the standard we have for parking. In the old code the standard was 70 percent allowed parking in front of a building along public streets. During the design process we changed that -- or design manual development we changed that to 50 percent and we ran into a couple instances where a small lot is unable to comply with that, so we will be Meridian City Council September 22, 2009 Page 5 of 62 including that in our refinement and amendments to the documents. The other major one was addressing four sided architecture. Currently, the standard in the UDC is listed -- it lists the need for architectural interest and detail and esthetics along public roads or public spaces. In your memo we mention that that might be extended to include along -- appropriately along residential areas and possibly some other locations as appropriate, depending on the type of project, the scale of the project, and the nature of the use of that project. So, those -- those are the things that we will mainly be focusing on in the refinements and adjustments to the process and the documents. Some minor things in the design manuals, some corrections with some images and some of the text will also be included in that. As Pete mentioned, one of the major things we wanted your direction on this evening was with regards to materials and what types and applicability to design and to what projects would that include. We have had several correspondence with design professionals about the use of vinyl as a material to cover large areas of building walls. Friedman: I think Council President, Members of the Council, what we are getting at is when we commenced this process there was quite a bit of discussion about the use of vinyl and other materials, particularly vinyl, and untreated cement like lift up panels and things like that and the direction we had then was to minimize the use of vinyl, particularly in large expanses. Well, there has been some push back on that and we have had some correspondence -- some interesting correspondence from the industry. You have also a few months back considered a review by one of our developers about the use of vinyl as a major body material and so currently the guidelines allow it as an accent and so the question we wanted to pose to you tonight, is that still the direction we want to go or if we would want to consider it on the main body of buildings, should there be some qualifications in that or should it just say it's an acceptable material for the bodies of the buildings or -- we have seen through the industry that it comes in many forms. You can -- you can have simulations of shingles and scallops and lap siding and different --different design features or should those be accommodated within those larger bodies. So, we need a little direction on that I think is what we were asking tonight. Just some general direction. We can always come back to you with more detail, but that was one of the issues that has kind of reared its head over the last six months. Anything else on that? Thornton: The last -- no, that's all for the materials. And, then, before we take your comments and questions on the materials, just one last thing we'd like to update you on is that in this six month process we have developed some -- some tools for staff and applicants to make use of the manual a little easier. We have incorporated that into what we are calling an interactive document. What it is is it's a pdf that they can access through our website and, then, they can work themselves through using the development matrix, if you remember from the design manual, to determine an appropriate context. That context gives them the guidelines. They can take the guidelines and apply them to their project. Along with that staff has reviewed the process we have developed for reviewing applications where we created a checklist to check off design guidelines that were met. We want to take that back and refine it a little bit, make it a little simpler for applicants and staff to review. So, those were two Meridian City Council September 22, 2009 Page 6 of 62 additional changes in the process that we are implementing and reviewing for ease and access -- or better applicant-customer relationships and understanding what the process is. So, back to the materials and vinyl, if -- if you have any comments or direction for us that would be appreciated. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: My first comment would be that I am one of those who has always been unappreciative of vinyl siding. However, the presentation that was made to us a few months ago helped me learn that there have been a lot of advances in that industry since my last opinion was formed, so I would be much more willing to listen to something that did include use of vinyl, but I would still think that a huge expanse of only vinyl would not be very attractive. So, I would want to include some visual texture or something to break it up, the same as we would if it were a huge slab cement wall. I mean just -- that kind of break up. But I'm willing to listen to a good suggestion on that subject. Hoaglun: Mr. President. Yeah. My thoughts are along the line as Councilman Zaremba. Something that adds architectural interest, whether it's a long concrete wall, whether it's all vinyl and it's all one -- it's the same, that's not what we are going for here. I recall one deal we dealt with here awhile back where we worked with the applicant and it was one big long concrete wall and we ended up having paint that was -- was the medium used to help break that up, you know, just to -- so, the residents who saw the back of the building, it was something that was -- wasn't just one big blank wall, even though it was colored. That goes for vinyl as well. You can have vinyl all the way across and it doesn't look good, it's just one big blank vinyl wall, but you can have elements of vinyl that would work. So, I'm not opposed to vinyl per se, but it's how you use any medium to make it work and add architectural interest. I know that's a pretty broad guideline, but, you know, when it comes to things like that, you got to have some flexibility to -- to make it -- to try some different things and make it look good, although some people -- what looks good to one might not look good to another, but that's -- that's my thoughts on vinyl is, yeah, if we are doing it all just like concrete, one big slab out there, not so much. Rountree: Other comments? Two comments. One on process. We have recently had a bit of an issue with reconsiderations and that process. I assume that you will be taking a look at the guidelines and establish a process that's similar to the other reconsideration processes we have for other items as it relates to design review. Is that part of -- will that be part of an amendment that we see? Friedman: Council President, Members of the Council, really, that process, the one you're speaking of, pretty much follows most of our other processes. So, it came to you, we -- a decision had been made, it came to you on a review, you had made a decision and, then, that decision -- there was a request for reconsideration of it. So, that really Meridian City Council September 22, 2009 Page 7 of 62 isn't much different than any of our others. However, what we are looking at is we mentioned were the exemptions. When we implemented design review we wanted to cast a pretty broad net, so that, you know, we made sure that there weren't any unintended consequences of somebody slipping through someplace that should normally have gone through design review. Well, that net was probably cast a bit too far and we are finding that there are going to be instances -- there may be minor construction -- types of construction, there may be little appurtenances and so forth that, technically, yes, require a building permit or a certificate of zoning compliance, which kicks it into design review, which is unnecessary. So, that -- those are more of the process things we were looking at. Rountree: Anna. Canning: President Rountree, the issue regarding the reconsideration actually came out of lack of clarity in the language regarding how to notice a director decision versus the Commission decision and, yes, we will be looking at a code amendment to clarify that situation. Rountree: Very good. And my comment or guidance with respect to vinyl is that I would -- I would view that just as any other material and we have seen some really creative potential uses for that and I think that we need to maintain that flexibility and not eliminate it from consideration. It certainly is an economical solution in some instances and something that we -- we need to be open to. I believe the philosophy and the intent and the direction of the guidelines is such that massive displays of anything are discouraged and will be eliminated anyway and I think that that's -- we are seeing that all the time now anyway, with the exception of some types of buildings that we are talking about maybe going exemptions for anyway. So, I think it's a -- it's a material we need to look at. As long as we have petroleum supplies to build it, I guess we ought to be looking at it. Friedman: I think that we can -- with a couple of minor tweaks to that section of the guidelines, I think we can accommodate what we have just heard from the Council. Rountree: Any other comments, questions, any additional information you all want to provide us? I just want to say thanks to staff. I know -- I have heard personally some very positive comments about staff and their work with individuals. As per normal I have heard some negative things from the get go on somebody having to go through the process, but I have since talked to them after they have gone through it and they have been very pleased that it was -- you know, it wasn't onerous, it was something that there was some give and take and I think they feel that -- at least in most cases I have talked to people, they have come out with a better product. So, I appreciate your time. Appreciate the update. We will continue to look at this and we need to continue to remember, it is strictly a guideline, it is not a standard or a -- necessarily a rule. But thank you. Good job. Friedman: Thank you. Meridian City Council September 22, 2009 Page 8 of 62 2. Review and Discuss Lists of Transportation and Community Program Priority Projects -the most needed roadway, intersection and sidewalk/pathwayimpmvements in Meridian - as recommended by the Transportation Task Force Rountree: Next item is the Planning Department's review and discussion of list of transportation community projects -- priority projects, most needed roadways, intersections, et cetera. Caleb. Canning: Council, before Will Thornton leaves the room, I would like to point out he -- this is his last week in the Planning Department and he's going back to school full time at BSU to get an engineering degree -- Master's -- Master's? Bachelor's? Bachelor's in engineering to go for his bachelor's in architecture, so he will be very much missed in the office come October. Rountree: Will, congratulations on that career decision you made. I know when we brought you on board to work on the design review you had I think another direction that you were contemplating and it's kind of a big swing, but I think you will find your career choice an interesting one and I think a combination that will make you even more valuable than you already are to any community or anybody who decides to put you to work and I suspect given your initiative you'll probably create your own company. But thanks for all the -- the long hours, all those meetings we had with consultants and professionals to develop the design review guidelines. You did a great job. We will miss you. Now you can go. Hood: Mr. President, Members of the Council, I'm back before you again this evening. As you may recall, August 25th we had a discussion, you gave me some direction to take back to the Transportation Task Force after they had drafted their draft list of priorities to submit to ACRD, ITD and COMPASS. The Transportation Task Force has met -- we met on September 3rd and along with the parks commissioners and Joint School District No. 2, the list for ACHD roadways and intersections and ITD projects, as well as the community program projects at ACHD -- those three lists have been revised and we are seeking your consideration and endorsement this evening. As I mentioned, there are three lists and before I go into those three lists I want to maybe just refresh what happened on the 25th and the presentation -- the biggest changes that the Council asked the task force to consider had to do with intersections around the Ten Mile interchange primarily. There is some other changes to the list. The task force did take those into consideration as we revised these lists and, again, I will go through those details in a minute and we will go through the projects item by item and I'll let you know what's changed and what's recommended as a change from the task force. In addition to the three priority lists, there are also three cover letters to those lists that you all should have received in your packet that is new information, but they were based on input from the transportation task force as well. So, again, requesting any comments you may have on those as I seek the Mayor's signature on those cover letters to the attached lists. These lists have been requested by COMPASS and ITD to be finalized Meridian City Council September 22, 2009 Page 9 of 62 by October 1, so we are running right up on the deadline here. We have got ten days or so to finalize that, but I would like to take your comments, get the modifications that you may have and get them ready for the Mayor's signature later this week, hopefully. So, getting started on the lists -- and I think what I will do with the first one, I'm going to start with the ACHD roadways and intersections and maybe I'll run through the draft cover letter first. I won't read it necessarily. I'm going to assume that you all have seen that and have read it or at least gone through it. It tries to incorporate, again, some of the take home message that you all gave to me last time I was here about thanking ACHD for making sure that Ten Mile, Franklin to Cheny, will be constructed in 2010, noting that there are additional roadway improvements near the Ten Mile interchange that are needed and we would sure appreciate them doing that before the interchange opens, rather than later. Also, that we recommend that ACHD focus on constructing new intersections before reconstructing existing intersections, primarily, you know, new intersections that are four way stop controlled, even if it means putting in some interim signals of the examples given of at Ustick and Meridian Road is -- if it's less expensive and we can do more of them, that interim condition is certainly a lot better than a four way stop control. So, that's in a letter. Touch on the broader corridor needs and specifically regarding corridors, Ustick Road and maybe working west to east on Ustick versus continuing what's been started in Boise and back towards Meridian. So, that's the letter in a nutshell. Again, we thank them for their time and ask them to consider our request and if anything -- any major changes happen, that we would be more than happy to sit down and discuss it with them at a joint meeting. Again, that's the letter briefly and if there are questions, comments, changes you would recommend -- I did see a couple of just proof reading type things. There is a period missing here and there and things like that. I'll clean that up. But any other changes, either substantial or proof reading or otherwise? Hoaglun: Mr. President? Rountree: Mr. Hoaglun. Hoaglun: I only had one question and it happened to be the Ten Mile -Ustick. There was that bullet point -- needs to be functional with high school and I was often wondering is that Rocky Mountain, which is over another mile away or how -- how was that tied into the high school at that particular intersection? That's -- I was just kind of curious about that bullet point. Hood: That is a good question. That's, actually, a carry over bullet point from last year. I'm wondering if that wasn't from the Pine-Linder intersection, because that's previously where Pine-Linder was up that high on the list and I'm wondering if the comments -- let me read the other comments. No, the comments don't seem to match -- oh, yeah. Zaremba: Mr. President? Rountree: Mr. Zaremba. Meridian City Council September 22, 2009 Page 10 of 62 Zaremba: I believe the school district has told us they have interest in putting a high school in the Ustick -Ten Mile to Black Cat area. This maybe acknowledgment of -- of a future high school. Hoaglun: Mr. President, if -- Caleb, if you would just check on that. I mean it's a minor detail and if it -- if that's as Councilman Zaremba says, then, we -- with a future high school planning or something like that we can add that in there, but that was -- just kind of curious. Hood: Okay. I will definitely look into that. Thank you. Rountree: Any other comments for Caleb? Okay. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Not necessarily on that subject, but I would like to add a couple of times this time and previous times Caleb has mentioned that there have been some parks commissioners attending the Transportation Task Force. It wouldn't be immediately apparent why that's valuable. It happens to be that these particular parks commissioners have background and expertise in transportation and engineering and development, so their input is very valuable. Just a comment. Hood: Absolutely. And we do appreciate their -- their volunteering to help us out with this task at the task force. So, jumping into the list -- and I'm not going to necessarily touch on each project. If you want to pause certainly feel free to interrupt. Like I said, I'm just going to go through the changes. So, top three no changes there. Number four, which is actually number one. I'd like you to focus, if you would, on the -- the project number in parenthesis, because that's the project number, if you recall, your number one priority with roadway widening gets ten points, your number one intersection -- new intersection gets ten points. Number one rebuild intersection gets ten points. So, really, the important number is the one in parenthesis, because that's that categorical number and its rank from the city. Ten Mile -Ustick is a new project, a new intersection that was on this list. It was requested that we take that out of the project, the Ten Mile Road -- Ten Mile Road widening project from Cheny to Ustick and actually pull the intersection out first, so it can be constructed ahead of the interchange hopefully. At least the intersection there. So, that one jumped all the way to the head of the class. The second one, 5-2, Ten Mile -Chinden, also is a new addition from the task force. You will see a theme here. Ten Mile basically getting the whole corridor from 20-26, from the interchange complete at least the intersections. Very high priority for the city, at least as recommended by the task force. So, again, Ten Mile -Chinden is a new project. Ten Mile -Victory was on the list previously. It moved up a spot. It was number four new intersection priority before it moved up to number three and Linder - Pine moved down three. So, there is the -- I think that's the one -- I think it needs to be functional for the high school, the comment earlier. It's -- what I will do is I will flip flop Meridian City Council September 22, 2009 Page 11 of 62 those columns and we will move comments back. Oh, just got copied. That's what it is. Yeah. So, I apologize for that. But, yeah, those comments for the number four intersection do apply to that one and I'll remove all the comments from the Ten Mile - Ustick. We haven't drafted anything, because that was a new add. So, moving on back into roadways now -- so, those are red. Roadways are red and intersections are the yellow. Number four roadway, no change in number four or five. Number six is East 3rd, no change there. There is no change until we get down to McMillan -Locust Grove intersection. That was previously number two priority and now it's number five, so it went down three points or three spots. And, then, some roadways. So, number -- numbers 12, 13 and 14 or 12, 11, 10 in your -- in the parenthesis -have been inverted or we went from -- from east to west, now from west to east. So, Locust Grove to Meridian, Meridian to Eagle, Eagle to Cloverdale. So, that's -- that's a minor change. They were in that same grouping before, just the inverse. Locust Grove -Ustick, no change on that one. Locust Grove -Victory, again, just because of adding the other intersections near Ten Mile, that one slipped three spots as well. So, Locust Grove - Victory is down three spots. No change until you jump to Franklin Road, Black Cat to Ten Mile, which is number 16 in parenthesis there. That one moved up four spots. It was based on similar discussion from the Council, Franklin Road being a pretty major corridor in from Canyon county. The Transportation Task Force had a tough time moving it any higher than that. You got some pretty significant projects ahead of that, so, you know, it does seem to be a pretty good landing spot. Again, it's a recommendation, but I think it's a pretty solid recommendation of, you know, moving it up at least four spots there to be number 16. I do actually want to comment and apologize at the same time, that some of the numbering is off, because we added some and, then, I want to thank Matt before I apologize, I guess. Matt Ellsworth covered for me a little bit -- I have been out of the office for a couple weeks and he, actually, revised these lists and finalized the -- the letters for me while I was gone. Some of the numbering, though, is not accurate and Iwill -- I will correct that. I'll just count one to -- one to 54. I think there is a number of projects, but the ones in parentheses are correct. Some of the other ones are -- are incorrect as currently in the packet. Only off a couple, but just wanted to call that out that I am aware of that and I will correct it. So -- so, last one on that page was at Locust Grove -Ustick to McMillan -- sorry, one more. Top of the page. That one fell one spot again, due to moving the Franklin Road Project up one, that one fell a spot. Same with the next three. Fairview -- Fairview, Meridian to Locust; Fairview, Locust to Eagle, and Linder, Franklin to Cherry, all fell a spot, because the Franklin one moved up. The next two roadway -- Meridian Road, Ustick to McMillan, no change there. And Meridian, Fairview to Cheny, no change there. No change on the rebuild intersections, so Chinden -- Meridian, Chinden -Locust Grove, no change there. And, actually, no changes until we get down to Franklin, McDermott to Black Cat. That is a --anew project that has been added to the list. Again, with that same -- or that same thought in mind that Canyon county -- the traffic can be coming from Canyon county or going to Canyon county using Ten Mile interchange, but, again, the task force did not want to move it to high up on the list, but it is on the list at least for further consideration in future years and no changes to number 40, 41, 42, 43, 44 and I do want to pause there, because the end of the list also is -there were some intersections that were inadvertently left off from the discussion that the task force had, Meridian City Council September 22, 2009 Page 12 of 62 so kind of that last part of the last page. Currently it lists what you see in the top -- in the top area there with Fairview, Eagle, Cloverdale, and Franklin, Ten Mile, Black Cat, Overland, Linder. The discussion at the task force actually did include some additional intersections near the Ten Mile interchange that just didn't make them on the list. There are three intersections near the Black Cat -- on Black Cat, I should say. On the Black Cat comdor. Can you scroll down a little bit on there or get that whole thing on one list -- on one view? Okay. So, that -- that's what my proposal would be and I apologize, I had a big pdf to code in, so it's sort of blurry, so I'll read it to you. Again, the top two, Fairview, Eagle to Cloverdale, they didn't change. Getting into the yellow, though, the intersections -- go down just a little bit. The second part. Yeah. So, the number seven -- the new number seven, new intersections, Black Cat, Franklin. So, that's number seven on our -- on our intersection priorities. Number eight is a new intersection and that's the Black Cat -Cherry intersection. Number nine would be Black Cat - Ustick. And, then, number ten is Ten Mile -Amity and that one before was previously on the list, it just gets pushed to the bottom on the list, basically. So, I apologize, that was discussed by the task force, it just didn't make it into the revised list. So, I would ask that if you endorse this list, that those intersections are included. I know there was some substantial discussion about Black Cat. You, as the Council, if you feel you need to move those up in the priority, so be it, again, the task force didn't think Black Cat would -- is -- should supersede some of these other projects I had. So, with that, that covers the changes that were made after of the discussion last time we talked about this. Are there any questions, comments, additional changes you'd like me to make on the priority list for roadways and intersections that we submit to ACHD? Rountree: Comments -- Bird: I have none. Rountree: -- for Caleb? Caleb, I think you did a good job listening to us when we talked about it last and, you know, it boils down it's really hard choices on some of these which comes first. Beyond probably the fifth project that it's wishful thinking anyway getting the funding, but it looks good for now. I think it's legitimate to submit these to ACHD and -- and we will move forward and coordinate what we can with this -- with the development of the next TIP and -- and we will be able to comment on that soon, because I think COMPASS approved the release of the draft document yesterday. Hood: Avery good segue, actually. So, the second part and the three part -- Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Before you move to the next one can I just make one comment? Capturing the idea that the president just said that -- beyond the first they don't get much points anyhow. On the -- on the Ten Mile -Amity one where you say not a high priority project for the city, I would add, comma, yet. And that's in deference to those who would like to Meridian City Council September 22, 2009 Page 13 of 62 see it become a high priority some day. We are not saying it will never be a high priority, it just doesn't beat the higher priorities that we already have. But some day it will move up and I would like to give people that hope. Rountree: Okay. Thank you. Caleb. Hood: And -- yeah. I will -- I will make that change and moving on, then, to the cover letter that we are proposing to send to COMPASS board, COMPASS staff, essentially, and ITD regarding two topics. They are interrelated. The first part of the topic is our priority lists from ITD. I didn't put that on the screen tonight. You may recall there is only six projects. The task force did recommend flip flopping Eagle Road and State Highway 16, which was the request of two of the Council members, not necessarily to flip flop them -- you said to move Eagle Road up and the only one said move State Highway 16 down. So, that's kind of where it ended up. On the state request or our priority list what you have is Meridian Road interchange, rebuild number one. Linder Road overpass number two. The widening of Chinden from Eagle to McDermott as three. Eagle Road comdor improvements as number four. And number five is State Highway 16 extension. So, those are the five projects we have now. Again, that was just one -- one tweak that was made to the state list. I do want to spend quite a bit of the time on -- so, that would be an attachment to this cover letter that we send over to, again, ITD and COMPASS. Yes. And, again, I would like to take some time and there are some substantial changes to this. Matt used last year's letter as a template and the items that are called out in here need to be modified pretty substantially. I just got back yesterday and realized this, so what I'm going to do is I'm going run through them real quick with you, but what I propose to do is, then, a-mail you a copy of the revised letter for your review and any comments you may have back. So, try not to focus too much on what's there now. There isn't a lot to the letter. Again, we thank them for allowing us the opportunity to comment on and provide our list of priorities. I do want to go through, though, as part of that letter, we also use that as our opportunity to comment on the draft TIP. ITD has also released the STIP for comment and that comment period I think ends October 22, but it's along the same public comment period as -- as the TIP, which I think is October 20. So, there are a lot of projects in the TIP, but not a lot of -- in fact, there are 13 projects in Meridian directly. Now, there are a lot of VRT or COMPASS projects and surveys, which do incorporate some part of Meridian or our community and some of their, again, surveys or planning documents, what have you. That entire document, if you want to look at it, is on COMPASS's website, if you go to what's new on that link you can actually download the whole thing and look at it. It's a couple hundred pages. I just want to highlight for you, though, really, the roadway projects section of that. We certainly can support VRT and Commuter Ride and Safe Routes To School and some of those other things and if you'd like me to come back and we can go through that thing page by page if you'd like. But, again, I was going to focus our time on -- and our comments primarily on roadways. So, with that I'm just going to jump in here and I'll list those real quickly. These are regionally significant, so you got to keep that in mind. This doesn't include all ACHD roadways, but there are some in here, because there are some ACHD roadways that are regionally significant. The first one being Eagle, Victory to Ridenbaugh, and that is in the TIP for 2011. So, again, the draft Meridian City Council September 22, 2009 Page 14 of 62 letter we will remove that comment saying please put it back in, because it's already there. The second one is Fairview, Linder to Cloverdale, and that's in PD. The third one is Franklin, Black Cat to Ten Mile. That's also in PD. Franklin, Ten Mile to Linder, is in 2010 and 2012 for construction. Franklin, Touchmark to Five Mile, in 2011 and 2012. So, Franklin is in because it's an ITS detour route for the interstate. Fairview, obviously, a regionally significant corridor. Eagle, the same story there. Number six project is I-84 Meridian Road interchange and I do want to take a moment here to pause and talk about that. The project is not the rebuild of the interchange, it's 1.3 million for the bridge rehab in 2013. So, I guess my question to the Council would be do we want to make some type of a comment back to ITD and COMPASS saying why don't you take that 1.3 million for the existing bridge rehab and put it towards a rebuilt Meridian interchange, rather than throwing money into something we know is -- needs to be redone. We know that 1.3 million isn't going to cover the cost of a new interchange, but it certainly could help get the ball rolling. So, just a thought. I don't know if -- if the Council wants to do that or not, but I think, you know, it's -- it would be pretty consistent with what we have been asking ITD to do when it comes to GARVEE savings to invest in Meridian Road interchange rebuild, stimulus dollars that are out there to apply to the feds to get it rebuilt. Certainly it creates a bottleneck and congestion problems, so I'll pause real quickly to see if anybody wants to take that up and I can work that into a letter. If not, I'll drop it and we will -- probably won't comment on it at all, but, again, I'll pause. Rountree: Comments? Zaremba: Mr. President, yes, I would support the idea of asking that they not spend money on it now that could be saved and -- and help the rebuild -- the entire rebuild. If they are determining that it is currently some kind of a safety hazard, that, actually, helps the argument to do the rebuild, to do some kind of refurbishment. So, if it's not a safety hazard, then, we could just as easily put that million something off for the rebuild. So, I would support making that request. Rountree: Shakings of the head. The only comment I would make, Caleb, is is if the rehab project does include accommodation for pedestrians, I'd say let's speak favorably to it. Hood: And maybe a couple of comments on both of those interrelated. One, it's -- it's in 2013. So, it wouldn't be like we would be getting those pedestrian improvements this next year anyways. It would still be a couple years out. I agree, I think if they can take that money and do it and we can get something out there for pedestrians now, we are still looking at waiting three years to get that done. So, I can certainly do that, but I just wanted to clarify, it isn't -- it's not a rehab right aways, it's a rehab for -- in 2013. So -- and that's our comment last year was we'd like you to move this up, because we need to see the pedestrian improvements put in and narrow the lanes and put a shoulder in there for peds, but I'll put in some language and you guys can comment back, then, I think I will go that direction and see if there are any further changes, so -- on number seven in the draft TIP for Meridian projects, Ten Mile interchange landscaping at Meridian City Council September 22, 2009 Page 15 of 62 880,000 dollars. Number eight, split comdor phase two. There are two years that that's showing to have money allocated for'11 and '13. total project costs at 11 million dollars. Project number nine is Overland, Ten Mile to Linder. That's the developer cooperative project, so it's a very small amount, about 300,000 dollars this next year for the Overland, Ten Mile to Linder. Number ten is Eagle, Fairview to State Highway 44. So, that's Fairview going north to 44 and that's a road surface in '10 and '11 at a cost of 8.8 million dollars. Now, number 11 is Eagle Road going from I-84 to Fairview. So, the south portion of, basically, the same thing, a road rehab or resurfacing project on Eagle Road in 2010. The cost of that project is 3.4 million dollars. I have a similar comment or question, I guess, for the Council regarding that project. There is a -- in the currently adopted STIP there is a project that shows developer funded 15 million dollar project of widening Eagle Road from Franklin to Fairview. That project is no longer in the draft TIP. That -- that developer has been unable to convince the air quality committees, the powers that be, basically, that that's going to be a project and it slipped a couple of times already. My question would be, though, I guess I'm not willing to say that that isn't a project. We are still working to make sure -- or to facilitate anything we can to make sure that that -- that becomes a project. The comment would be similar to the Meridian Road interchange is that if you put 3.4 million dollars towards something that may be a 15 to 20 million dollar project, it gives you a pretty substantial jump on that project, even though the current STIP doesn't have public funds being spent on it, at least not directly. You may recall that developer was talking about doing STAR with that and they are still contemplating that, but they haven't proposed that. they are still -- I don't want to go into all those details, because it's -- nothing's settled. But I will just let you know, again, there is a project in 2010 to rehab Eagle and worst case I think is that we go in or we -- ITD goes in and rehabs the pavement lanes and, then, the next year there is a project and you rip out everything that was just rehab'd and it's, basically, 3.4 million dollars of throw away money, because it's a new roadway. So, again, I'll pause, if you have any -- any thoughts on what you would like that -- that message to be to ITD and COMPASS for this project, I would certainly listen or we -- we can stay silent on it, too, if that's the -- the choice of the Council. So, again, I'll pause for any comments Rountree: Questions? Zaremba: Mr. President? I can understand why ITD would want to resurface it. I have understood the explanation that ACHD makes for their chip sealing program and that is that you can save millions of dollars by not allowing the surface to deteriorate in the first place. So, I understand why ITD would want to resurface it, although if the project -- or the developer would -- you make a great deal of sense in saying that it would be money wasted if the next year the road got widened. I wonder if our suggestion would be to ask them to step it back a year or so -- I hesitate to have them take it off the plan entirely, because I understand why they want to do it. In the long run it saves a lot of money. But step it back for another year, so that we can find out if the economy turns around, the developer takes off, the STAR program works, the legislature doesn't make any change to the STAR program -- yeah, it's a lot of ifs, but I'm saying rather than ask ITD to kill it, just ask them to step it back a year, with a possibility that that money could be spent better or saved or something. Meridian City Council September 22, 2009 Page 16 of 62 Rountree: Other comments? Caleb, my only comment on that is -- in addition to what David said was it's a major inconvenience to the road users to have potential projects back to back. So, I think the point to be made with ITD is that they need to seriously consider the timing of their action. I think one of the issues with the STARs project is that they can't come to terms with the development and vice-versa. So, maybe that would hurry them along to come to terms with what's going to happen out there and they could coordinate the two together. Any other comments on the ITD list? Hood: I just have two quick more that are in the draft -- Rountree: Okay. Hood: They will just take one second. So, you have 20-26 corridor preservation is also in there. Not a lot of money, but 822,000 dollars this next year for right of way preservation on 20-26. And, then, the final one is Ustick, Meridian to Locust Grove, 5.5 million dollars in PD. So, again, another regionally significant corridor, but it's an in out year in PD. So, I will make the changes to the letter based on some of the comments received tonight and a-mail that out to you later this week and we will go from there. And if you think of anything else before then that you want to even have me incorporate beforehand, I can do that as well. So, that's it for ITD, COMPASS, and the TIP comments and our priority list. Any other final comments on that before I jump into the community programs? Rountree: I see none. Just give us a response date on that a-mail. Hood: Absolutely. Okay. And, then, the final one -- sorry this is taking so long tonight, but there is a lot of information here. I don't want to rush through it, but I don't want spend too much time on it either, but the last one tonight is community programs at ACHD, which is primarily safe routes to schools, sidewalks, gaps in sidewalks, those types of things, pedestrian facilities. It can be other things, but that's what they -- they tend to be. The cover letter is really an endorsement letter. They asked that the Council endorse any project within the jurisdiction. So, the attached list of projects is really your endorsement of those projects and as Councilman Zaremba mentioned, this year that the task force work closely with Joint School No. 2 and three of the commissioners from the parks commission to compile this list and it was -- it was great to have them, they bring a different perspective and thank them for their time. I will thank them again on the record for all their time that they spent. I did want to note that we didn't coordinate last year with the school district, but I thought it was quite interesting that when the school district brought their list of their priorities that we had all of them already on our draft list. So, I felt pretty good about that, even without coordinating we still had some of the same projects on our lists. So, that was good. I did also notice, sorry, on the letter that there is some clean up things in there. The Mayor's name didn't quite make it on the list and I will add that and I will also be cc'ing the ACHD president, as well as the commission members on that letter. So, those changes will be made. And also a change from this year at ACHD is they are not only Meridian City Council September 22, 2009 Page 17 of 62 requesting a list of projects -- and maybe I'll pull that up real quick. They have not only asked for this list of projects, our priority projects, but they want us to submit an application for all the projects. There is only about ten -- I think about ten questions on the application. Some of them are pretty simple; some of them are a little more detailed. A lot of what you see in the comments column will actually go into the application itself, but there is a little staff time involved with that and Matt and I will be working on that this week, as there is an October 1 deadline for those as well. So, I will go through these projects, but I didn't print off maps for you, so you're going to have to kind of use your memory on kind of where some of these projects are. The first project -- and just to kind of summarize the list, there is a lot of projects in downtown. There is substandard sidewalks in downtown or no sidewalks at all in downtown. So, roughly half of the projects are in downtown connecting, you know, the post office to Meridian Elementary to the middle school and the neighborhoods kind of in the vicinity of those draws, plus City Hall. So, number one is Washington, 5th to 1st. That one is also -- already, excuse me, a project that is on ACHD's radar and I believe they came to you, actually, a few months ago informing you that they are working on this project and it's going forward. So, that's our number one this year. Last year was Linder to Ustick. So, that moves up as number two. This year number is last year's priority rank. So, again, the number one last year was Linder to Ustick, which they completed. The second project, Ustick, Ten Mile to Linder, just a carry over from last year's number three last year, as you can see. I would propose that we remove the last two sentences in the comment section. That was a carry over from last year and I think even if we can get the interim condition out there, that's going to be a vast improvement to what's there now. There isn't much of a shoulder and even if we can just get asphalt that's -- that's near the travel lanes, I think that will help pedestrians and bicyclists quite a bit. So, I would be -- I propose right now to just remove those last two sentences in there. The third project is East 2 1/2, Fairview to Carlton. Number four is Carlton, West 8th to 4th. Eagle, Zaldia to Victory. There is some pretty good neighborhood concerns with that project. What we are going to also do is we will submit an application for that one. We are going to also work on the project manager for the Eagle, Victory to Ridenbaugh project, to see if they can't, while they are out there doing that project, add a couple of hundred extra feet of even asphalt sidewalk to make that connection. It's currently outside the scope, but I'm thinking their maintenance crews or somebody can just go out there and do something like that to get that completed. At least we will ask them to do that and we will see where that goes. And the sixth is 8th Street, Pine to Carlton. Seven is 4th, Broadway to Maple. Number eight is West 1st, Pine to Broadway. Nine, Broadway, West 7th to Meridian. Locust Grove, McMillan to Chinden is number ten. Number 11, McMillan -- there is a couple of outparcels that continue -- or that prevent an entire mile from being continuous sidewalk. So, we are going to -- we are going to submit an application -- this is another one where they is just asmall -- and ACHD probably doesn't have the right of way to put the sidewalk in its ultimate location, but if they could scab in some asphalt, you know, within the 25 foot of right of way, it would at least provide afacility -- and interim situation for pedestrians there along McMillan. Same with number 14, 4010 Meridian Road, that's an outparcel. It's only a hundred feet, but it is on the walking path to a couple of schools and a park and there are quite a few children that attend both of those locations. So, pretty high priority, but we are Meridian City Council September 22, 2009 Page 18 of 62 hoping that ACHD maintenance forces can just take care of that one and it doesn't actually have to go through the community programs scoring and ranking. Twelve and thirteen. Locust Grove and Victory. Then, down to 15, Meridian, Ventana to Heritage Middle School. That one's a little weird in that there is an approved development where the sidewalk should have gone in, but with the market and not doing that phase yet, it's not there, so -- and we don't know when it will be there. So, we are asking that the sidewalk be put in by a public agency, because we are not sure that the developers will put that in, but it is near the bottom of the list. Sixteen, McMillan, Goddard to Palentine and, then, 18 is Locust Grove, Paradise to Settlers Bridge. Number 18 -- and, then, it says 16 there, but that's supposed to be a 19 for Red Horse, McMillan. It's actually -- it says 2016 NA. Actually, it should be 2019 NA, but both the Locust -- or the Red Horse - McMillan and Locust Grove -Paradise, just to -- Settlers Bridge are already in 2010 at ACHD for construction. So, those projects actually won't be submitting applications, because we have been told by ACRD that those will be done October after they get done kind of with all their summer type chip sealing and all that other stuff they could do during the warm winter -- or warmer months, go out and do a couple of those projects, so -- and, then, finally, the projects that aren't numbered on here are directly from the parks commission and their list of priorities. They didn't seem it was appropriate to submit applications to ACHD this year. However, they did want to have a master list, if you will, of all priority roadway -- or, excuse me, pedestrian sidewalk pathway improvements and so they are on the list. So, I wouldn't be surprised if one or two of those doesn't jump and we actually apply for one of those next year in community programs, but for right now they just want to have them all in the same place. So, I am done and I will listen to any comments, questions, changes you would like me to make, as these are the lists that you're going to be endorsing to ACRD. Rountree: Comments? Changes? Corrections? Zaremba: Mr. President, of course I have a comment. Of course, the purpose of the list is to identify to ACHD the projects that we think need to be done. One of the things that I think we don't do enough is acknowledge the projects that have been completed and the Linder - Ustick one in particular, which has fallen off the list, as you mentioned, because it got completed, ACHD did some extra, I believe, last minute replanning to include the pathway that we needed -- that the parks department needed for part of their multi-use pathway and the ACHD made improvements to the sidewalk to accommodate that. So, somewhere in the cover letter, if we could, I would like to add an expression of appreciation that that project has been done, it's well received by the public, everybody's loving it, and they did some extra work to get the pathway part included in it as well. And, then, go on to the things we want. Rountree: Other comments? Thank you, Caleb. Lots of stuff. Hood: Thank you. See you next year. Hoaglun: Mr. President, I did have one quick question for Caleb, I'm sorry, I forgot to ask. You have been gone for a couple weeks. Was there a good reason for that? Meridian City Council September 22, 2009 Page 19 of 62 Hood: I'm a new father, so -- Hoaglun: Congratulations. Hood: Yeah. Thank you. B. Clerks Office 1. Approve New Beer/Wine License for Maverik Stores Inc. #410, location 1630 E. McMillan Rd. Rountree: Any other comments? Okay. Next item is 6-B, Clerk's Office, approval of beer wine permit for Maverick. Jaycee. Holman: President Rountree, Members of the Council, normally our new beer and wine license applications, those are approved on the Consent Agenda. This particular one is for the Maverick on McMillan Road and we moved it to the regular agenda, because we are not meeting again until two weeks from now and they are hoping to be open before then. What I'm asking for is a conditional approval of this, as you will -- and you will state that in your motion, to conditionally approve it upon them getting a certificate of occupancy from our building department and that allows us the authority to hold the license until we get that certificate of occupancy. Rountree: Bill, do you have any other comments? Nary: Mr. President, Members of the Council, we have done these on occasions on these rare occasions usually like this where there is a gap in your meetings, so that they won't delay them opening, but we are going to have to hold the license until it is all completed. Rountree: Any questions? I need a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve the new beer wine license for Maverick store 410 at 1630 East McMillan Road, and to release this license to and upon proof of certificate of occupancy from the building department. Zaremba: Second. Rountree: Okay. Moved and seconded to approve this item. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council September 22, 2009 Page 20 of 62 MOTION CARRIED: ALL AYES. 2. Update of Outdoor Sales and Temporary Uses Ordinance and Update of Fireworks Ordinance Rountree: Next item is 6-B-2, update on the outdoor sales and temporary use ordinance. Jaycee, Anna, and, Joe, are you going to have something to say now? Oh, okay. Thank you. Holman: Okay. President Rountree, there is documents in your packets and it includes a two page memo from Emily Kane from our legal department and a draft ordinance of some of the changes, excuse me, that they would like to make and I'm going to let Mr. Nary and Mrs. Canning probably take the lead on this, because I think they are a little bit more well informed, probably, than I am. Canning: President Rountree, I'll go ahead and take a stab at this. What we are looking for tonight is a general nod that this is an appropriate direction to -- for staff to go and develop an ordinance for this. This is not a UDC ordinance, so it will not be going through the planning commission, it will just come straight up to the Mayor and Council for approval. The out -- the memo outlines the -- the genesis of this ordinance amendment and it was a discrepancy noticed by one of our applicants between the fireworks ordinance and the temporary use ordinance. One, basically, allows the firework stands to operate on dirt surfaces, the temporary use did not. So, what this does is kind of makes both codes equal and it does open it up for dirt surfaces. In the summer we ask that they put a soil amendment down, it's an environmentally friendly material that binds the soil to prevent dust from kicking up when people drive on it and in the winter we ask for sediment traps to keep the cars from dragging mud out onto the street. So, that was the primary genesis of this. There is also a couple other things. There is one regarding indoor uses. There is some issues regarding mobile sales unit licenses and site plans and, again, those are mostly just on the clean-up side of things is recognizing tweaks that need to be made. The indoor events was a whole new one that we realized wasn't covered under the temporary use, it was just outdoor uses. So, with that I can answer any questions you will have. You will have an opportunity to review this again in detail as it comes to you for a decision. Rountree: Thank you. Bill, do you have anything to add to that? Nary: Mr. President, Members of the Council, I think Mrs. Canning's covered it. I mean I think the primary beginning of this was getting some consistency between the temporary sales unit and the firework stands. There are -- there may be other issues that we will be addressing later on some of these, but these are ones that really need to get done now, primarily because of the Christmas tree sales that will be going on in a few months, that's where the -- I think the real discussion began on this. And so we would like to bring these forward for your review, so -- Meridian City Council September 22, 2009 Page 21 of 62 Rountree: Thank you. Holman: And, President Rountree and Members of the Council, there was one other item in here that we are also talking about and addressing at this time, which is noted in Mrs. Kane's memo regarding the mobile sales unit licenses, the major change is we used to have an umbrella license, meaning you could have one person come in from a business and have several people working underneath them under that same license and this allows for us to -- we are changing it so every person has to have a license, which allows them annually to have abackground -- a full background check, because, obviously, door to door sales we want to make sure that they've had full background checks at least annually before we reissue the license, so -- Rountree: Mr. Zaremba. Zaremba: Mr. President. On the door to door sales, are they issued anything that they should be carrying with them if -- if a person in a house should ask for city identification or proof that they have obtained a permit? Holman: President Rountree, Members of the Council, Councilman Zaremba, yes, they are issued -- it looks a lot like our -- our beer and wine licenses that we have. We don't at this time have a photo identification card, but that's where we are hoping that we could head in the future. But currently they would have the paper license that's signed by us in the clerk's office that is numbered and they could also -- a resident could ask for their ID and this license, so -- Zaremba: Thank you. Hoaglun: Mr. President, question for Anna or Bill. I was just kind of curious -- if you could give me an example for a temporary indoor event. So, you have a big building that might not be in use, might be vacant or something like that, a retail spot and it's going to be used for another activity and they would have to get a permit for that if it's -- if it's a commercial building I guess here is my question -- if it's a commercial building, it's vacant, and someone puts in a temporary commercial activity, that's still under that permitted activity; is that -- am I correct in that? Canning: Yes and no. If -- President Rountree, Council Members, Council Member Hoaglun, if it's the same use then that would be fine. For example, the old Saltzer Medical building up the street, if that were to be temporarily used for a vaccine clinic or something like that, then, that would be fine, because that was the old use, that's the new use. If that were to happen in City Hall, City Hall wasn't approved as a medical office building before, so that would be a new use. Or we had an instance where an entertainment facility wanted to have an auction. It's all indoors, there was no problem, but it wasn't the approved use on the site, so the third instance we had an empty shell where somebody wanted to go in for the weekend and do a temporary event, but there was really no approved use in there just yet or it was retail and this wasn't a retail activity. So, we have had a few things come up and it would be better to have the fire Meridian City Council September 22, 2009 Page 22 of 62 department and the police department have an opportunity to review the proposed use to make sure it's okay. So, that's the intent. If it's already approved for that use, then, it would just go forward. Hoaglun: Okay. Thank you. Nary: Mr. President? Mr. President, Members of the Council, the other thing it's really -- it's trying to put the indoor events that are temporary on the same setting or footing as the outdoor events that are temporary, because as Mrs. Canning said, it wasn't very clear in the code that if you had a -- a vacant building and you were going to open a Halloween store on whether that was covered versus if you were going to have a Halloween activity event outside, it would be covered. So, it's really trying to make sure that we are consistent, because we still have the same issues as Mrs. Canning stated for police and fire and -- as such, just making sure there is adequate facilities, adequate restrooms, adequate parking, those kinds of things. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Even in a situation where you were talking about a building that was already approved for that use, if it had been vacant and abandoned for some time, I could see reason to have police and fire inspect it to make sure that even during the temporary use, even if that use would already be approved, that the sprinkler system still works. Canning: We could tie it to abandoned. It's not abandoned until a year later -- a year after use. So, that gives you a year of just being vacant, which would probably be fine. Zaremba: Thank you. Rountree: Any other comments? Mr. Coriell, I know you're here this evening and you are the individual who pointed out the inconsistency with respect to fireworks and -- and other uses. Did you have a comment you wanted to make about that tonight? Coriell: No. Mr. President. It seems to me that staff has done an excellent job of starting the review process and that's all I was requesting. Rountree: Very good. Thank you for being here this evening and you will have an opportunity to review that in a final ordinance form as it comes before this body for consideration probably in the next month or so. Zaremba: Yes, sir. C. Legal Department 1. Cell Phone Policy Meridian City Council September 22, 2009 Page 23 of 62 Rountree: Thank you. Next item on the agenda, Legal Department. Mr. Nary. Nary: Thank you, Mr. President, Members of the Council. The first one I have for discussion -- and part of the reason it's coming before you, we had planned on bringing it at the workshop that was canceled and the Finance Department would like to consider moving towards this policy of beginning with the new fiscal year, which begins next week. There are two policies, actually, in your packet. One is, essentially, a clean up of an existing policy on use of city equipment and what we did was simply remove -- cleaned up some of the language to make it a little clearer as to what we mean, but, secondarily, to remove phones -- cell phones, desk phones, both city issued and personal cell phones, out of the policy, out of that one, and, basically, put it in its own place. The purpose of this policy is to be in compliance with the IRS regulations that require that we have an accountable plan when we issue cell phones to folks and how we also account for reimbursement of cell phones. When we started this process we really were trying to look at having one or the other. We have had both city issued cell phones, as well as personal cell phones that we have reimbursed employees for use for at least the last five years. We thought in the process of going through this that we would find there was one system better than the other and, then, we could have a system for everyone and what we found is that really isn't the case. Depending on the department and depending on the use of the cell phones, it isn't very practical from the director's standpoint to have only one system in place and so I will just go over it with you very briefly. Basically, the policy is addressing both personal or city issued cell phones. It also addresses desk phones. The desk phones are very simple. We've really cleaned up a lot of language. Most people don't use the desk phone to call long distance anymore, most people don't use desk phone for much of anything, other than just local calling during the day. So, we really tried to just clean up that language and just made it, again, clearer to folks that all of the phones that are city phones are certainly not theirs, that they don't have any privacy right to the information that -- of who they called or any of those types of things on those phones. On the cell phones we really found we have actually three different types of uses of cell phones. One is phones that are issued to a particular location or a vehicle or a position. We have employees that are on call and part of their on-call duties or responsibilities are to cant' an on-call phone for contact. The phone isn't theirs. It's only used for business. It isn't something they cant' around as a normal part of their work day or their work equipment or we have phones that are at a location, like at the splash pad or we have phones that are assigned to a vehicle, like to a fire truck. So, they are not assigned to anyone in particular, they are really just assigned to a specific location. Those types of phones the IRS is fine with the way this is designed, the IRS regulations are fine with -- basically, they are for business purposes. We did consider and we didn't find in those circumstances with those types of phones that we had any abuse of personal use. For example, if a firefighter is at the scene of a fire and during a break from a fire were to use that to call home to say I'm not coming home, because I'm at this fire, that's a business purpose. That's fine from the IRS standpoint. That's about the only use these things get. Same thing with an on-call person, when they are using that and they have to call back home on a weekend, because they are out on another call to advise their Meridian City Council September 22, 2009 Page 24 of 62 family they are not going to be home, because of whatever they are doing, again, that's a business purpose, the IRS is fine with that. We don't find those to be abused. They are really easy to track. Those phones are separated out by the department and they are pretty easy to monitor those types of things. We issue certain phones to individual employees, again, for business purposes, because the need for access to them is very limited and it generally -- it generally is for during the work day. Generally not for off hours off shift. So, those types of phones that we issue to employees, the IRS would allow you to use a personal cell phone during that period of time, you just have to pay taxes for that. So, there is -what our policy was designed to was to allow that to be used for the employees, so that we don't have employees carrying two cell phones and having to monitor all day whether or not they are on their phone or a city phone, if they are using it during work, but it does require that it be assessed a taxable benefit and that's based on the percentage of use. There you can, basically, monitor for a short period of time, gather that information and, basically, the employee does have to pay for that minimal use. Again, as most of you know that use cellular phones, most of the calling period is during the day that you're paying for. The off period times you don't pay anything for. Most of the plans that we have have pooled minutes, so there is not really an issue of going over the minutes or anything like that. Most plans anymore allow long distance as the same as local calling, so there is no additional cost for those type of things. The last is personal cell phones. We did find that for some folks that it was more practical to use their cell phone and reimburse them and what was Finance's desire and what the IRS prefers is that, again, those are taxable benefits to the employees. If they want that, it is just another form of income to the employee, so the employee does have to declare that as income, it does go on their paycheck as just another form of income. They do have to pay taxes on that. Finance's only request on that that is compliance with IRS regulations is that those amounts be set. What they don't want is they vary from month to month, one month it's ten dollars, another month it's 20 dollars. You can't exceed the cell phone amount. That's another thing the IRS, obviously, is very cautious of. You can't reimburse someone 30 dollars for a cell phone plan that only requires them to pay 20. Again, it's a taxable benefit to the employee. The few that we have in the departments -- usually those are senior management folks, some department directors receive reimbursement, it isn't usually the rank and file employees. The last one is right now sort of a gap in the IRS regulations is the Blackberry or smart phone device. They don't consider that at the moment to be a phone. They consider that to be a data device. That doesn't require that that be counted -- considered as income. What the directors felt was that most of the people that carry those, which is, again, a very limited amount of folks, it is only generally directors and the senior management personnel that cant' a smart phone or a Blackberry device. They generally only cant' it for the city's business. They don't have any other value to most employees to carry those for personal use, they can use them -- they can use their other devices for that. So, those are ones that we can reimburse and are not taxable, because, again, they are a business purpose, no different than your desk phone or your desk computer. We don't tax for that use as well. So, we tried to -- we tried to make sure we were compliant with the IRS regulation, which, of course, was Finance's primary concern. Secondarily, we tried to come up with a policy that was more workable for all the departments and we did try in meeting with the departments Meridian City Council September 22, 2009 Page 25 of 62 on this committee besides myself and Rita, the comptroller, was the police chief, the fire chief, and the parks director and the public works directors. Those have, obviously, the most amount of phones that are out there and so we wanted to make sure we were trying to cover all the uses, as well as what the IRS requires that we have employees have to pay for, so -- do you have any questions? Rountree: I see none. Action tonight, are you going to bring that -- Nary: We will bring this with a resolution for approval. Rountree: Okay. Thank you. Nary: Thank you. 2. MDC Encroachment Easement Rountree: It's interesting and I hope it's interesting to you folks as well. You're not the only ones that get hassled by the IRS. Bill, next item. Nary: Thank you, Mr. President, Members of the Council. This is a very simple one. This is an encroachment easement that's on your packet. This is, essentially, a compromise that was worked out with MDC when Meridian Road -- or, excuse me, when Main Street was realigned and redone, unusually what does not normally happen in this -- in our city or in the ACHD area, is we make the road smaller. Normally we make the road larger. Well, when we made the road smaller the sewer line runs -- ran adjacent -- or to the edge of the roadway adjacent to the speedway along Main Street. When we made the road smaller and moved the sidewalk out and the pathway out and put the -- both the planting area, as well as the -- as well as the decorative street lighting along that, we built it on top of the sewer line. So, there was a -- there was a discussion or a dispute between whether comments were sufficient or whether that was known beforehand and whether that was or not, once it was built there wasn't another location in which to move them. The problem was is that the lighting was done and designed specifically for that pedestrian pathway that goes through there, it was built taller if you recall, it was built in a manner to be able to light up that whole area much better and there isn't another spot to move those lights and so this was a compromise with the Public Works Department and MDC. Basically, this is an easement that needs your approval to allow that encroachment. They did work out on how that would be done in the future if there was a necessity for -- excuse me -- if there is a necessity for repair of the sewer line, they are going to have to move those. MDC would help pay for that cost of removal and, then, we could be able to fix the sewer line and, then, put the lights back. So, we were looking for -- for approval of that. Rountree: Comments? Questions? If not, I need a motion on Resolution 09-070. Bird: Mr. President? Meridian City Council September 22, 2009 Page 26 of 62 Rountree: Mr. Bird. Bird: I move we approve Resolution 09-070 and for the President to sign and the Clerk to attest. Hoaglun: Second. Rountree: It's been moved and seconded to approve the resolution for the encroachment. Roll call vote. Holman: President Rountree, Members of the Council, Mr. Nary, that is -- I guess I'm a little bit confused. I want to make sure we are making the right motion here, because that is actually MDC's resolution that they have already approved. Are we approving their resolution or are we approving the agreement that's attached to the resolution? Nary: We are approving the agreement. I'm sorry. Holman: Okay. Nary: You're correct. We are approving the agreement. Bird: And the motion changes to the agreement -- Nary: Yes. Bird: -- to their Resolution 09-070. Hoaglun: Second agrees. Rountree: Roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. 3. Recommendations from Solid Waste Advisory Committee Rountree: Next item, recommendation from Solid Waste Advisory. Nary: Thank you, Mr. President, Members of the Council. This last item -- we are coming to the tail end of the Solid Waste Advisory Committee and some of the funds that are available for community projects. This may be the last one that might be from the Solid Waste Committee, as a matter of fact. These are for reusable bags for educational products for the Meridian Fire Department. They do educational outreach programs into the schools and such and what they have found was, of course, in the Meridian City Council September 22, 2009 Page 27 of 62 past they used plastic bags, they found it would be much environmentally appropriate to use reusable bags and what they ask is that if the -- the solid waste committee be willing to recommend funding a portion of that cost and, basically, if I understand -- I haven't seen a photo, but the bags will, essentially, have a Meridian logo on one side and on the other side will be a recycling message on and the committee felt that was appropriate. It's $571.25 was the recommendation to move that forward for your approval. Rountree: Questions? Comments? Need a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve the SWAC committee's recommendation of -- to the Meridian Fire Department for the sum of $571.25. Hoaglun: Second. Rountree: It's been moved and seconded to approve the Solid Waste Advisory Committee's recommendation. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. D. Sanitary Services 1. Trash Rates for Fiscal Year 2010 Rountree: Next item, Sanitary Services, trash rates for fiscal 2010. Mr. Sedlacek. Sedlacek: Mr. President, Members of the Council, I'm here tonight seeking your direction on what to do with trash rates. We were here in June to discuss this issue. We also talked about moving forward with our automated collection. We decided to do that. The issue before us -- it was in a June 18th memorandum. I have a copy of that if you -- if you want me to hand it out again, but I'm sure you all remember it. The issue is the CPI is negative, which means we have to reduce our rates somewhat. We were hoping to use that to be -- to offset landfill rate increases that we thought were coming. I went to the county commissioners meeting about that issue and there -- there was no decision at all on that. Very chaotic. The day after the meeting the landfill director retired -- or handed in his retirement papers anyway. I don't think there is going to be a rate increase this year. So, the question before us, then, is should we take the small rate decrease, it's ten cents per house per month, or not. I understand the issue that occurred with the water and sewer rate decrease and, then, it was increased and explaining that to the public and that sort of thing. Our contract states that we adjust in Meridian City Council September 22, 2009 Page 28 of 62 October. Last year we didn't adjust in October, it was November 15th, because we wanted to coincide with a landfill rate increase last year. That caused us to defer a rate increase by a month and a half that we weren't able to take. I don't know, these things are all sort of wish-mashing around a bit. I'm just seeking direction tonight of how you'd like to proceed, if you want to decrease rates slightly, then, increase them -- we could hold off on the slight rate decrease, wait for the county to raise rates perhaps next year and perhaps they won't and we will be bifurcating the rates in May when we do automated collection, we will have a split rate structure. Hoaglun: That was my question, Mr. President, when we go to the new system next spring what -- and there is going to be different charges, we are no longer unlimited, it depends on the size of the can, different things like that. Everything gets changed -- Sedlacek: Correct. Hoaglun: -- in many ways. So, I was kind of curious as to that impact and changes in rates right now, there will be changes in rates, but that's going to be next spring. Sedlacek: Members of the Council, Councilman Hoaglun, I think that the sense was that we wanted to -- the Council has always been very sensitive to adjusting rates the least amount of times. The constant, you know, changing of rates is a problem, even if it's small amounts. The rates will change in May. That's set in stone. We will be changing. That's a rate change that will occur, there is no doubt about that. Hoaglun: And to follow up, Mr. President, Steve, are we absolutely certain there will be no increase -- landfill increases, tipping fee increases out there? I mean -- Sedlacek: Members of the Council and Councilman Hoaglun, there is no way to know that. What was once a difficult guess is now impossible. They are in a very difficult financial situation. They don't -- whether they realize it or not, I don't know. It may simply be -- what --one thing to remember is that 2010 is an election year and I'm pretty sure there won't be any rate increases in an election year. Anyway, Mr. Nary's on this agenda item, too. I don't know if he has anything to add to this. Nary: Mr. President, Members of the Council, the Solid Waste Advisory Committee did discuss this proposal. Basically, under our contract agreement with SSC, it required annual lease review of the rates and consider any adjustments. They are entitled to a rate increase and the public is entitled to review it for a rate decrease. Because the rate increase was so small and we anticipate that if -- if nothing else, that we will have to reevaluate the rates and implement new rates with the automated collection, which you have put into place for the spring, the recommendation from the committee was to not adjust the rates now, to, then, readjust them in the spring. It is confusing to the public and the decrease amount was so minimal, that we felt the recommendation should be to hold steady at the current rate now, consider any increase in the future, but also with the decrease that was considered for this point, because the consumer price index for the northwest was slightly decreased this year. So, that was the recommendation from Meridian City Council September 22, 2009 Page 29 of 62 the Solid Waste Committee. I would agree with Mr. Sedlacek, it's very difficult to -- to know whether the county fees will change, so we could wait three months or six months or nine months or 12 months and it may or may not. But we know our rates will change come spring, because the automated collection program will change. So, that was the recommendation of the committee, was to wait until those went into place and, then, hopefully, we'd have one rate increase at a time. Rountree: Other questions? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Just commenting on whether we could reduce the rate or something. I -- I'm sympathetic to the idea that it would be a wonderful thing to do for the citizens, even if it's two cents or ten cents or whatever. I do think, though, that to be responsible we have to understand that the county has been talking about raising their landfill rates for quite awhile and they may just one day discover it's an emergency and the rates are up and as much as I would like to give ten cents off to every citizen, I think we need to preserve that, because I suspect we are going to get a surprise at sometime. I can't see how they can ignore what's been going on with them. One man's opinion. Rountree: Other comments? So, the general consensus is just the status quo? Bird: Come back in May. Rountree: Come back in May? Zaremba: Uh-huh. Rountree: We will see what the county does and, then, we will have a rate structure as it relates to the automated collection. And just for clarification, there will no rate changes as it relates to the automation phase that will go in the first part of October with respect to recycling. Bird: Exactly. Sedlacek: Yeah. Members of the Council, President Rountree, that is correct, there is no rate change related to the October changes for the recycling collection. I'd be happy to come back in May with the revised rates related to the second phase of automation. Also sooner if the landfill -- or the county were to change landfill rates. Zaremba: Mr. President? Rountree: Mr. Zaremba. Meridian City Council September 22, 2009 Page 30 of 62 Zaremba: While I would also say if the intent is to implement it in May, we probably should be talking about it in February or -- Sedlacek: Oh. Certainly. Yes. Rountree: Do you have the direction you need? Sedlacek: I have the direction. Thank you. Rountree: MUBS? Thanks, Steve. Item 7: Items Moved From Consent Agenda: Rountree: No items were removed from the Consent Agenda. Item 8: Action Items: A. Public Hearing for Treasure Valley Veterinary Hospital by Rick Shackleford CPA 09-004 Description: Public Hearing: CPA 09-004 Request for Amendment to the Comprehensive Plan Future Land Use Map to change the land use designation on 2.52 acres of land from Low Density Residential to Office for Treasure Valley Veterinary Hospital by Rick Shackleford - 2600 S. Meridian Road: B. Public Hearing for Treasure Valley Veterinary Hospital by Rick Shackleford AZ 09-002 Description: Public Hearing: AZ 09-002 Request for Annexation and Zoning of 2.52 acres from RUT in Ada County to L-O (Limited Office) for Treasure Valley Veterinary Hospital by Rich Shackleford - 2600 S. Meridian Road: C. Public Hearing for Treasure Valley Veterinary Hospital by Rick Shackleford VAR 09-003 Description: Public Hearing: VAR 09-003 Request for Variance to UDC 11-3H-4B.1.c and 11-3H-46.2 to allow the 2 existing full access driveways to the site from State Highway 69 to remain on a temporary basis until such time as the remainder of the property develops. At such time, access to SH 69 will be closed and access to the property will be provided via Edmonds Court for Treasure Valley Veterinary Hospital by Rick Shackleford - 2600 S. Meridian Road: Meridian City Council September 22, 2009 Page 31 of 62 D. Public Hearing for Treasure Valley Veterinary Hospital by Rick Shackleford CUP 09-007 Description: Public Hearing: CUP 09-007 Request for Conditional Use Permit fora 1,504 square foot addition to the existing 2,112 square foot veterinary hospital in a proposed L-O district for Treasure Valley Veterinary Hospital by Rick Shackleford - 2600 S. Meridian Road: Rountree: We are now in Item No. 8. 8-A, public hearing on Treasure Valley Veterinary Hospital and I will open the public hearings for Item 8-A, B, C and D and the -- and if the applicant is here, you will follow staffs presentation. So, staff. Anna or -- Wafters: Thank you, Council President Rountree, Councilmen. The applications before you are an annexation and zoning request for 2.52 acres of land from RUT in Ada County, to L-O, limited office. A Conditional Use Permit for ahundred - or, excuse me, 1,504 square foot addition to the existing 2,112 square foot veterinary hospital. A Comprehensive Plan map amendment to change the future land use map designation on the subject property from low density residential to office and a variance to UDC 11- 3H-4B-1C and 11-3H-46-2, to allow the two existing full access driveways to the site from State Highway 69 to remain on a temporary basis until the remainder of the site develops. The subject property is located at 2600 South Meridian Road on the east side of South Meridian Road, approximately a third of a mile north of Victory Road. Here is a vicinity map and zoning of the property and surrounding area. And an aerial view of the property. The veterinary hospital received CUP approval in Ada County in 1985. Because an expansion of the site is proposed, hook up to urban services is required. For this reason the applicant is requesting annexation into the city, a CUP for expansion of the site, and a land use map amendment from low density residential to office and a variance for access. A site plan was submitted that shows the location of the existing facility. The proposed addition. Existing access points. And associated parking, landscape, refuse areas. The Council recommendation was approval at their August 20th, 2009, public hearing. Summary of Commission public hearing, in favor of the application was Ross Erickson. No one spoke in opposition or commented on the application. Written testimony was received from the applicant in response to the staff report. Key issues of discussion by the Commission were the timing and location of the cross-access easement to the property to the north and clarifications and modifications to the development agreement requested by the applicant. Key .Commission changes to the staff recommendation was to clarify in the development agreement provision E, M, J, the landscape buffers along the east, south, and undeveloped portion of the west boundary, including the ten foot wide multi-use pathway will not be required with expansion of the veterinary clinic, but will be required in the future when the remainder of the site develops. The applicant has submitted building elevations of the proposed changes and addition to the existing facility. Outstanding issues for City Council, the timing of the requirement for across-access easement agreement with the property to the north, DA provision G. The applicant is unsure of where their cross-access will ultimately be located until the remainder of the site develops and does not wish to grant Meridian City Council September 22, 2009 Page 32 of 62 a blanket easement at this time. City attomey Mr. Baird suggested the following language: Relocation reservation. This easement is being granted prior to the development of the grantor's property. The grantor has no obligation to make improvements upon the grantor's property for the easement. Grantor hereby reserves the right to relocate the easement upon the grantor's property either before or after the development of the grantor's property upon 30 days prior written notice to the grantee. The parties, then, agree to execute, deliver, and record an amendment to this document to evidence the relocation. However, the applicant is not in agreement with the language as proposed by the city attomey and will address this issue. A response to the staff report was submitted by the applicant. Staff wall stand for any questions the Council may have at this time. Rountree: Any questions at this time? Bird: I have none at this time. Rountree: Applicant? Good evening. State your name and address for the record. Erickson: Mr. President, Members of the Council, Ross Erickson, 9543 West Emerald in Boise. I'm representing the Treasure Valley vet hospital on the applications that staff had referenced. I'd like to thank Sonya for working with us on this. There is quite a few applications for quite a small project here that we have got in front of you tonight. Some of you may remember from back in -- I think it was late 2005 or early 2006 we were in talking to the city. At that time the vet hospital was proposing to do a new hospital on the site further to the east of the existing hospital and we were in talking about constructing that in the county, but getting city water service and ultimately that had -- that project had fell through and since that time the hospital has -- is desirous to do an expansion interest of keeping the cost down for the project and doing a remodel on the existing facility to help meet their immediate needs at the location. Like I said, we have got several applications that are in. They are all -- they are all tied together. The conditional use is required, because the veterinary hospital is not a permitted use in an L-O zone. And the L-O zone was not -- I didn't -- it's quite different from the land use maps and maybe the Comprehensive Plan map amendment to request that. So, that's kind of the nature of our request. And as staff indicated; the Treasure Valley vet hospital has been functioning as a permitted use in Ada County at this location for -- for quite some time. Staff has findings presented in the staff report that supports the land use change designation to office and we think that the office designation is kind of a natural fit for this location. The property is bordered to the -- well, immediately to the west by Highway 69 and, then, further to the west by a C-G zoning designation. To the north is L-O. To the east it's R-8. And to the south is rural transition in Ada County. So, it's likely that that parcel to the south will probably be an office use or commercial use of some sort in the future. We did have a neighborhood meeting to give the neighbors an opportunity to comment on our applications and nobody showed up to provide any comment, nor have we received any -- any written comments. I think -- actually, Itake that back, someone did show up, but it was to buy worm pills for their cat I believe. It looks like we have the site plan up here. Just real quickly, as Sonya Meridian City Council September 22, 2009 Page 33 of 62 touched on, there was quite a bit of discussion on the cross-access easement at the Planning and Zoning Commission hearing and just -- I wanted to touch on that real quick. Sonya read the language that we had proposed in our staff report response letter that we had sent over, actually, just this morning to the city, so, granted, the city attomey probably hasn't had a lot of time to take a look at that, but they might have been tracking some a-mails back and forth between Gary Allen, who is also representing the Treasure Valley vet hospital and the city attomey and I think the last go around we had proposed some modification to the language and we are waiting to -- you know, maybe we could ask Bill tonight if he had some input as far as what the most recent, I guess, update is on the change to that condition. So, maybe when I get done with -- with my presentation we can just have you speak towards that, Bill. Nary: Sure. Erickson: Looking at the site plan, you can see that -- where the existing building is located it's about -- about just over 2,100 square feet and we are proposing to do a 1,504 square foot addition, for a total of 3,600 square feet. The way the project is sited it just mainly to the extreme northwest comer, just because that's where the existing building is and that makes sense for the addition. It's our intent to maintain the existing access configuration for a couple different reasons. Number one, it's already there and it's functioning and the customers are all familiar with how it works and, number two, it provides for an emergency vehicle circulation through the site without having to build a -- I guess a fire department approved cul-de-sac on the site, which gets pretty big and I guess at this point we don't know where that should ultimately go, since we are not proposing a master plan development for this site. And, then, number three, because it's -- it's cost prohibitive to build the access road from the southerly -- I guess line of our site improvements down to Edmonds Court and further I guess we don't know specifically where that is going to go, since we are not proposing to develop the entire site at this time. In the staff report response letter that I had sent to the city this morning, I kind of went through some of the items on the variance request, you know, there are several different -- or I guess three different categories that Council needs to make findings on in order to grant a variance and I have provided some language for those. Just real quickly I want to touch on some of the coordination that we have done with the site layout and we did discuss the access layout and the site layout with Pam Gould at ITD. She's the access coordinator for District Three and Pam did provide some comments that, you know, I can just read into the record here that we understand that the applicant's request for a variance is based on the fact that the current proposed changes would be to the existing veterinary office. We have no objection to the continued use of the existing access points for the expansion of the veterinary offices. However, once further development on the site occurs, all access would be directed -- or should be directed, rather, to Edmonds Court and that's, basically, what we are requesting in our variance request. It's not apermanent -- probably I guess approval of our access locations to Highway 69, but rather a temporary approval for this existing facility to continue to utilize those access points, with the understanding that, you know, once the site develops at some future date that you take a hard look at abandoning those and taking access to Edmonds Court, since that seems to be the flavor of both Meridian City Council September 22, 2009 Page 34 of 62 ACRD and ITD and I'm sure the city shares that position. I guess just real quickly on the -- back to the three different I guess categories of findings that need to be determined by Council in order to grant the variance. The first one is that the variance shall not grant a right or special privilege that is not otherwise allowed in the district. We think that by granting this variance that that is -- that is not occurring, you're not granting a new special right, simple because our request is for continued use of existing approaches. We are not asking you to grant us new approaches at these locations. They are currently functioning and I just want to stress that the variance isn't for request of permanent site access, that we understand that it will be temporary if it's granted. And I think it's also important to kind of put this in -- the whole project into perspective. I explained briefly going into this that our intent was to do an addition remodel project, as opposed to a new facility. The idea is, obviously, to save some cost and utilize some of the existing facilities. This square footage of development on this site is -- accounts for about 3,600 square feet of what the entire site could support. This entire site could support about 19,000 square foot of office. So, I guess if you break them down to percentage, we are proposing to improve about 19 percent of the overall amount of the site that could be developed. So, we are not -- I guess the reason why I point that out is we are not trying to -- we have no intent to develop this whole site, we just just want to do a small portion and that's kind of the nature of our request. You know, it could be argued that -- that by approving this variance that we are actually -- that we are actually -- you know, we are not granting an additional right, but we are actually putting an additional restriction on the existing right, being that it will now be classified as temporary. Right now they are just full points access to the site. So, by granting the variance it's now going to classify these as temporary. So, it's actually putting a further restriction on the access points, rather than granting a new privilege or right. I just wanted to kind of share that with you. The second category to grant the variance is that the variance relieves an undue hardship because of characteristics of the site. Staff actually made this finding. It, basically, is a financial hardship. As I explained earlier, the two accesses already exist. There is a lot less cost associated with paving those and approving them for temporary use, as opposed to constructing a new road from I guess the southerly line of our site improvements down to Edmonds Court and, then, also building a cul-de-sac to provide fire department an emergency vehicle turnaround I should say. Since our original application we made, the applicant has been working with Anderson Construction, who is a local contractor, on a design build for this project and we asked Anderson to take a stab at the cost associated with just constructing that road, the cul-de-sac and, then, appurtenant I guess drainage and site improvements that would be required to -- to make that I guess adjustment to the site plan. And the numbers came back at almost a hundred thousand dollars to put those together. So, it's -- the cost of these improvements is really disproportionate to what the scope and the scale of what we envision this project to be. The intent is for it to be, again, a remodel, an addition project, not an overall, you know, site development project where we are going to come and try to start selling lots and things, because that's not going to occur. And the last component in order to grant the variance, again, was that the variance shall be detrimental to the public health, safety, or welfare. StafFs findings was it could be detrimental. We argue that it's not. We had requested crash data from ITD and in review of that data we didn't note -- or there were no I guess records of crashes Meridian City Council September 22, 2009 Page 35 of 62 associated with turning movements at or near close proximity to these existing points of access. So, historically, this location hasn't been I guess a hot spot, if you will, for accesses or problems with actions related to turning movements. And they also want to point out that it's important to note that the safety of an access point, there is, you know, more to it than just being on a state highway, it's -- you need to look at the angle of approach, site distance, and I guess additional approach and a couple other things that need to be considered and for this specific scenario those are actually all positives. The approach -- or the approach that both locations are at 90 degree angles to the state highway. So, that is a positive. The site distance is -- is in excess of what would be required if you look at the pictures that I provided in our response to staff report, you can kind of get a visual representation as to what it looks like out there when you're staged to make a right or left turn. And, then, also the -- the access facing on the west side of Highway 69. I have included a diagram that kind of shows where the nearest access points were along the west side and the closest access on the west side is at 1,760 feet north and that's at West Calderwood Street and the closest one to the south is at West Maestra Street, which is about 550 feet south. So, there is quite a bit of spacing and that's probably why you're not seeing, you know, crash reports on the accident data, since the -- the condition actually is, I guess, safer than it -- you know, some other situations along the state highway. So, I guess with that I'll stand for any questions. I don't have much more, I guess other than to answer any questions you may have. Rountree: Any questions for Mr. Erickson at this point? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Is this veterinary hospital a small animal facility or are people -- might people be likely to amve pulling a horse trailer? Shackleford: If I may answer that question, sir. Rountree: If you would come up here and state your name and address for the record. Shackleford: My name is Rick Shackleford. My home address is 2147 West Southfork in Eagle. To answer your question, it is -- we do not see large animals at that facility, so there are no horse trailers coming in. Zaremba: Thank you. Rountree: Thank you. Any other questions? Thank you. And we will take some public testimony and have you back to wrap up. This is a public hearing and I have one individual who signed up to testify and they have indicated they are for. Gary Allen. And -- no testimony, you're just in favor of the actions. Anybody else wish to provide Meridian City Council September 22, 2009 Page 36 of 62 testimony this evening? Seeing none, I need either some discussion or an action on the hearing. Hoaglun: Mr. President, I had a question for legal counsel, if I may ask that right now. Rountree: Okay. Hoaglun: And that's -- we have dueling lawyers language here on - as it pertains to the cross-access easements and it appears to me that both of -- there is agreement that they are willing to have the cross-access agreement, it's a matter of -- and it looks like both are saying at a future point we can do that when the -- when the future development is being planned, then, they would locate that cross-access. What's -- so what is different about the language that I read in the two documents? Nary: Mr. President, Members of the Council, Council Member Hoaglun, the difference really is when do you record the easement. What is being proposed by the applicant is similar language that was allowed on the southem piece, which allows them to record the easement at the point in time they are actually going to construct the cross-access. So, what the applicant's asking is to have that same opportunity. The problem that we found, since we have allowed -- since we had allowed that we have allowed it on other ones, is, again, that tracking those types of agreements in the future. So, our -- our desire is to record it now. They can relocate it in the future, because that, really, is what we are -- that's really what the concern is. If you record it in one location today is it going to be problematic to move it. If we record it today with the notice that we are to move it, then, in our opinion that satisfies that condition, but that is what the applicant - that's the main difference in what's being requested. The planning staff -and, again, we have allowed it both ways. We have mandated it be recorded now, depending on the project and the circumstances we have allowed them on occasions -- we have found that keeping track of them, the ones that are going to record it at some point in the future, really requires a lot more staff tracking of it than if it's recorded now. Then, it's clear it exists, it's clear that it may be moved to another location, they can negotiate that difference between the parties as to where they'd like to locate it on the southem piece when it develops, but the desire was by staff is to have it done now. Hoaglun: Thank you. Rountree: Mr. Nary? Nary: Yes, sir. Rountree: Couldn't that issue be addressed in the development agreement that's also recorded with the approval or action taken? Nary: Yes. I think we could probably do it. If that was the Council's direction, we could put in a development agreement. Meridian City Council September 22, 2009 Page 37 of 62 Rountree: Okay. Thank you. Any other comments or questions? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I -- kind of lumping the accesses and the cross-access to the property to the north and the eventual access to Edmonds Court all in the same subject, I'm assuming -- and maybe planning will need to answer that, but the -- I'm assuming that the future vision is that the property to the north of this will also need to take access to Edmonds Court through this property and that's the need both to identify the current accesses as temporary and to get the cross-access to the north and I fully support that. Whatever solves that, if we can do it as a development agreement, plus the temporary variance, that would work for me. Rountree: Further comments? Mr. Erickson, if you -- any further comments from the applicant? They are debating. All right. Allen: Thank you. Rountree: Name and address for the record. Allen: My name is Gary Allen. My address is 601 West Bannock in Boise. I'm the project lawyer for Treasure Valley and I just wanted to address the issue, Councilman Rountree, of the -- of the cross-access and this issue of recording the easement. We would have no objection to changing the language that we proposed to allow the cross-access easement to be recorded now. What we -- our concem is that it shouldn't be effective until we have a reciprocal easement with the other property owner. But that's just a matter of tweaking the language. So, we think we can work that out. Actually, we had proposed that language late this afternoon, so I think we are all on the same page as far as that goes. Happy to work with your staff and Council to work out the details of that, but I think everybody's thinking about the same things there, so we -- we would like -- we would prefer our base language that we had proposed, because it -- it tailored a little bit more to this project, but I think it amounts to the same thing and I think that with that one change we can address Mr. Nary's concem. Nary: Okay. Rountree: Thank you. Any questions? Bird: Mr. President. Mr. Nary, do you have a -- have any problem with that? Nary: Mr. President, Members of the Council, I'm reading the language here that Mr. Allen had sent at the end of the day and Ithink -- I think we can -- we can go forward with this and we will be fine. We will work it out. Meridian City Council September 22, 2009 Page 38 of 62 Bird: Do we -- do we add this to the development agreement? Nary: I don't have a problem with that in the development agreement, unless they do. Zaremba: Can we reference it in the development agreement? Bird: You bet you can. Rountree: Mr. Allen is going to address those questions. Allen: Thank you. Gary Allen. 601 West Bannock again. I think the way this will work is that if you accept the language that we are talking about for condition G, that becomes a condition in the development agreement and that's a condition that requires us to execute an actual easement of the next step, so that it's in both the development agreement and there is an actual agreement that's recorded -- easement that's recorded. Excuse me. Rountree: Bill, do you endorse that approach? Nary: Yes. That will work. That will be fine. Rountree: Any further questions, comments? Any further testimony? Seeing none, I need a motion on -- Bird: Mr. President? Rountree: -- the hearing. Mr. Bird. Bird: I move we close the public hearings on Items A, B, C and D. Zaremba: Second. Rountree: It's been moved and seconded to close the public hearings on Item 8-A, B, C and D. All those in favor? Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. Rountree: All right. I need -- the first -- first item we will have to do as an individual, because anything that follows can't be done until the amendment to the map is approved or denied. So, I need a motion. Zaremba: Mr. President? Rountree: Mr. Zaremba. Meridian City Council September 22, 2009 Page 39 of 62 Zaremba: I move we approve Item A, which is CPA 09-004, request for amendment to Comprehensive Plan future land use map. Hoaglun: Second. Rountree: It's been moved and seconded to approve Item 8-A. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Rountree: And we have Items B and D that could be acted on together if you wish. And Item C should be dealt with separately, I believe. Hoaglun: Mr. President? Rountree: Mr. Hoaglun. Hoaglun: I move that we approve AZ 09-002 and CUP 09-007. Rountree: It's been moved and seconded -- I need a second. Need a second. Bird: I second. Rountree: Moved and seconded to approve Items 8-B and D. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Would the makers of the motion include -- to include staff and applicant comments? Hoaglun: And I would include the staff comments for that -- Rountree: Second agree? Bird: Second agrees. Rountree: Okay. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Rountree: And I need a motion for Item 8-C. Meridian City Council September 22, 2009 Page 40 of 62 Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve VAR 09-003 and to include all staff, applicant, and public testimony regarding the access to the sites and that the temporary accesses will go away once the south part of this is developed and we get to Edmonds Court. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 8-C. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. E. Public Hearing for Bainbridge by Brighton Corporation RZ 09-003 Description: Public Hearing: RZ 09-003 Request for Rezone of 5.02 acres from R-8 (medium density residential) to L-O (limited office) zone for Bainbridge by Brighton Corporation -south of Chinden Boulevard on the west side of N. Ten Mile Road: F. Request for Final Plat for Bainbridge Church Subdivision by Brighton Corporation FP 09-006 Description: FP 09-006 Request for Final Plat approval for 1 building lot and 2 common area lots on 5.02 acres in an R-8 (proposed L-O) zoning district for Bainbridge Church Subdivision by Brighton Corporation -west side of N. Ten Mile Road, approximately 1/3 mile south of W. Chinden Boulevard: Rountree: Thank you. Next item is 8-E and F and I will open the hearings for both Items 8-E and F and staff. Wafters: Thank you, Council President Rountree, Councilmen. The next item before you is a rezone request of 5.02 acres in Bainbridge Subdivision from R-8, medium density residential, to L-O, limited office. The property is located on the west side of North Ten Mile Road approximately a third of a mile south of West Chinden Boulevard. The zoning map here that shows the location of the property. An aerial view. The applicant is requesting approval of a rezone of the properly for a church use, which is a principal permitted use in the proposed L-O district. A concept plan was submitted that shows how the site is proposed to develop with a church. Two access points to the site are shown on the plan, one via East Broadbent Drive and one via North Ten Mile Road. Meridian City Council September 22, 2009 Page 41 of 62 The Commission recommended approval at their August 20th, 2009, public hearing. Summary of the Commission public hearing: In favor of the applicant was David Turnbull. No one commented or commenting in opposition of the application. Written testimony was received by David Turnbull in response to the staff report. Key issues of discussion by the Commission were the safety of the proposed access to Ten Mile Road and the need for an additional access point to the site via Ten Mile Road. Key Commission changes to the staff recommendation. The Commission commented on development agreement provision 1.2B, which prohibits direct access to Ten Mile Road. They felt the condition should be removed. However, the Commission is not a recommending body in this instance. The City Council is the only body that has the authority to waive the standard listed in UDC 11-3A-3, access to streets. Outstanding issues for the City Council. Development agreement provision B prohibits access to Ten Mile Road. The applicant requests approval of an access point, two from the site via Ten Mile Road as depicted on the concept plan. Just a note that UDC 11-3A-3 requires access points to collector and arterial streets to be combined or limited to improve safety and access to be taken from a local street when available. However, Council has the authority to waive this requirement. Additionally, a preliminary plat condition of approval for Bainbridge prohibits direct lot access to Ten Mile Road other than public street accesses approved by ACHD and ITD with the preliminary plat. Approval of an access to Ten Mile Road by Council would also require approval by ACHD. Second outstanding issue for Council. A 63 foot wide by 450 feet long strip of R-8 zoned land exists between the subject property and the out parcel owned by the Johnsons to the south that was part of the preliminary plat, but is not part of the subject rezone area or the proposed final plat for this property. This piece of land is covered by an easement benefiting the Johnsons to use and occupy the land until such time as they no longer live there. Staff believes this area should either be included as a nonbuildable lot in the final plat for the church property or the development agreement should be modified to specify this area be included as a nonbuildable lot in a subsequent final plat, unless combined with an adjoining buildable property. Council should make a determination on this matter. If Council approves the waiver for an access point to Ten Mile Road, development agreement provision B, which prohibits direct access to Ten Mile Road should be stricken. A response to the staff report was submitted by the applicant. Staff will stand for any questions the Council may have at this time. Canning: President Rountree, can I make one clarification? Rountree: You certainly may. Canning: On the item -- the second outstanding item when we note that the DA should be modified, that would be original Banbridge DA, not the one that's before you tonight. So, we are suggesting that if they want to include that strip of land, then, perhaps Sonya will show that on the map, so that you can see that. If they don't want to include that strip of land on the final plat, then, we should go back to the parent DA and just make sure that we don't -- we recognize that that's not a buildable parcel unless it's combined with another piece of property. Meridian City Council September 22, 2009 Page 42 of 62 Rountree: Any questions for Sonya at this point? Bird: I have none. Rountree: And, for clarification, I misspoke. Item 8-F is not a public hearing, it's a request for final plat approval. Does the applicant wish to make a presentation? Mr. Wardle? Wardle: Mr. President, Members of the Council, Mike Wardle with Brighton Corporation, 12601 West Explorer Drive in Boise. I'm going to hand out to you the information that we submitted to staff today that they noted that we had provided. Nary: I think they have it. Rountree: We actually have copies of -- of these two documents. Wardle: In beautiful color, then? Rountree: Yes. Wardle: All right. Great. Rountree: Technicolor. Good job. Wardle: Thank you. Well, we assume that it's more helpful if we can distinguish that way, so we appreciate staff providing that to you. Rountree: We need all the help we can get. Thank you. Wardle: We'd just like to note that when the original approval of Bainbridge was granted in 2003, the use of the property along Ten Mile Road was anticipated to be residential and all the access was proposed to be internal. With this change you would note from the concept plan that is officially not before the Council for approval, that the access points to Broadbent, which is a collector street on the north, is pushed as far to the west as we possibly could away from the intersection. The access proposed on Ten Mile Road is -- which is the arterial, is the farthest point to the south of that particular site. Both of those issues were reviewed with ACHD staff on the 18th of June of this year and while we acknowledge that that is still to be determined, then, must be approved by the ACHD commission when a development application is actually proposed, it was felt that that access on Ten Mile is preferable to having a second access on Broadbent, which, frankly, from a fire department- perspective might not -- might have been a difficult thing to do, but the only other point that we could have put an access onto the other -- onto the collector road, frankly, was right at the intersection and that was a conflict with the closeness of that intersection potentially with the access to Ten Mile Road. So, that's an issue that ACHD in its recommendation for the rezone noted that Meridian City Council September 22, 2009 Page 43 of 62 that would be dealt with at the time of the development application, that they would consider those at that point. Now, in -- in the first item that we presented, which was comment on the rezone application, we just excerpted three points that staff had made that have been covered, actually, by Sonya. Just to note that the Planning and Zoning Commission, after due consideration and discussion, did recommend that the drive access to Ten Mile Road not be prohibited as staff had recommended, but that, in fact, it would be considered certainly an amendment to the development agreement would be an appropriate way -- an appropriate item must be addressed as we go through this process and we would work with staff on that and with that in mind the comments made by both Sonya and Anna this evening, we'd kind of like to leave the option open to work out with staff as an item that would have to be addressed by the time we get the final plat in for signature to include it either as a nonbuild lot with the church or to consider amendment of the development agreement to address that as has been recommended. So, we'd kind of like to leave that option open. We are certainly willing to consider either means of addressing that issue. So, with regard to the rezone application, we simply are asking the Council to accept the Planning and Zoning Commission's recommendation to approve the access onto Ten Mile Road. With regard to the second application, which is -- and I assume that the final plat, Mr. President, is also up for discussion at this point in the hearing or -- because we have some recommended changes in conditions. Rountree: Why don't we deal with that separately. Wardle: Okay. Rountree: And we will get through the public hearing and, then, we will talk about that. Wardle: All right. That would conclude my comments with regard to the rezone, except I would note just one point. And it's on the second page of that rezone response. At the top of that page where it said the staff is recommending a provision of the rezone for the direct access to Ten Mile will be prohibited and the sole access be to Broadbent, they mention at the conclusion of their comment that the Comp Plan and UDC require access to be taken from a local street when available. Just to reinforce the fact that there is no local street involved here, it's either the collector Broadbent or the arterial and the Comp Plan uses the term restrict, which is synonymous with limit, but not prohibit. So, it means that certainly consideration -- and in this particular case safety is -- the Planning Commission had sited down the line when the site development plan is submitted to the city and goes through the design review process, certainly the fire department would probably speak to wanting to be sure that there was good access from both areas and not -- that it would not be a long dead end site for any potential difficulty in their provision of service. So, again, Mr. Chairman, I would conclude with that. Mr. Turnbull is here. I was not in town during the P&Z hearing, so he may have some additional comments to make and, then, we would certainly stand for questions. Rountree: Thank you. Any questions -- Meridian City Council September 22, 2009 Page 44 of 62 Bird: I have none. Rountree: -- for Mr. Wardle at this point? Mr. Tumbull. Turnbull: Good evening, Mr. President, Members of the Council. David Tumbull, 12601 West Explorer Drive in Boise. I think Mike covered the points very well. I'd just make a couple of practical observations. I used to go to a church building similar to this layout here which had two accesses onto a collector road. You probably know it, it's off Chinden in the Bristol Heights Subdivision and the access that was closest to Chinden was always problematic, you know, probably not the ideal as far as safety, because there were conflicts on the turning movements at that time. So, we feel like this is the safest route, as Mike mentioned, this area was originally anticipated residential, but I think everybody's -- in our neighbors are in agreement this is a good use for this property. The only question is allowing that additional access on Ten Mile Road, which I would note is very similar or almost identical to the layout that was just approved at Producer and Meridian Road in our own Paramount project last year. So, we think this is a very similar situation and should be approved the same way. Appreciate your indulgence and I will stand for any questions. Rountree: Any questions for Mr. Tumbull at this point? I don't see -- Zaremba: Mr. President? Rountree: Oh, Mr. Zaremba. Zaremba: I guess I do have one and that would be as Ten Mile becomes more and more of a major arterial, is there any concern about cut-through traffic, people that are on Broadbent wanting to turn right onto Ten Mile that may feel they are being delayed cutting through this property to -- not to do that? Turnbull: Well, I would just note that when we came in with the original plan ACRD, ITD, and the City of Meridian were very concerned about accesses onto Chinden Boulevard and there was the concept that was -- that was brought up at that time of having sort of these backage roads or collectors that would connect to the mid mile point, the half mile point, to the other arterial to help alleviate traffic on Chinden and those cut through problems and so we designed this project with that arterial -- or, excuse me, that collector that goes all the way through. That's specifically what that roadway was designed for. It's not an inexpensive roadway for us to build and, you know, I guess the only argument I had with staff was that the provisions of the UDC and the code say that you're to limit, which Mike mentioned means not to prohibit, but to limit, to consolidate where possible those accesses to both arterials and collectors and to say one acts as a local street when, in fact, it's a collector shown on your maps as a collector, on ACRD maps as a collector, I think that we have gone to great lengths to accommodate and make sure that the -- the regionwide accesses are appropriate. I don't see any advantage of anybody cutting through this church properly, absolutely not. That would be counterintuitive. Meridian City Council September 22, 2009 Page 45 of 62 Zaremba: Thank you. Hoaglun: Mr. President, just to follow. I think you answered my question that popped up. So, Broadbent doesn't match up with West Lost Rapids Drive and that's being the nearest half mile, that would eventually presumably have a light at some point in time and would allow access fairly rapidly once -- once it turns green for people to go. I envision in that other access point for the church being pretty much a right turn only as people exit and go into the flow of traffic down the road, but if they want to turn left much prefer to use the left turn light -- Tumbull: Oh, absolutely. Hoaglun: -- since that is where the light will be located. Tumbull: More than likely I believe that's true. And I would note that this is one thing that was brought up in the Planning and Zoning Commission meeting that the peak hour traffic on church sites is far different that peak hour traffic on normal uses, so -- Rountree: Any further questions? Bird: I have none. Rountree: Thank you. Tumbull: Thank you. Rountree: This is a public hearing. I do not have anybody signed up, but if there is anybody in the audience that wishes to speak. Don't see any takers. Any further questions? And, Mr. Wardle, if you want to wrap up on this one. Okay. Bird: Mr. Rountree -- Mr. President, I move we close the public hearing on RZ 09-003. Hoaglun: Second. Rountree: It's been moved and seconded to close the public hearing on Item 8-E. All those in favor? Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. Rountree: Any discussion on the request of the applicant? I would just throw this out. It seem these are the kinds of predicaments that we get ourselves, but we have a -- we have a letter recently from ACHD that's not approving the access onto Ten Mile, so it's probably a mute point whatever we do with respect to Ten Mile and we get ourselves playing against one another here, so keep that in mind in whatever motion you make. Meridian City Council September 22, 2009 Page 46 of 62 Bird: Yeah. Mr. President? Rountree: Mr. Bird. Bird: I move that we approve RZ 09-003 with staff and applicant recommendations, that we do, with the approval of ACHD, allow an access to Ten Mile Road, and that we incorporate all the applicants and staff comments. Hoaglun: Second. Rountree: It's been moved and seconded to approve Item 8-E with the motion. Any discussion? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Didn't bring this up earlier, but if the motion includes approving the access to Ten Mile, would we care to discuss whether that should be a right-in, right-out only? It seems to me that although the applicant makes the point that -- that their traffic periods are off peak with other traffic periods, there might be some conflict there. That's just a question. Bird: Mr. President? Rountree: Mr. Bird. Bird: I -- because of the use of the lot and agreeing that -- that the time of use -- heavy use is -- is not like a normal business or anything like that, I believe we had a very large church out on Highway 69 that I don't think we put aright-in, right-out only on theirs and I don't think we have had any problems with it with accidents or stuff. So, I would have no -- I just would allow it like the Planning and Zoning staff agreed to and I don't see why we would have to be right-in and right-out only. Rountree: My comment to that, Mr. Zaremba, would be if this motion passes, the Council has endorsed access at this point at the discretion of ACRD and I think the specificity of access that might be allowed ought to come from them, since they are the traffic engineers. Zaremba: Good point. Rountree: Further discussion? I have a motion. Roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council September 22, 2009 Page 47 of 62 MOTION CARRIED: ALL AYES. Rountree: Next item is Item 8-F and that is for final plat. Staff, you did have some comments that you have already provided us. If you want to refresh those quickly and, then, we will hear from the applicant. Wafters: Thank you, Council President Rountree and Councilmen. The final plat consists of one building lot and two common area lots on 5.02 acres of land. The response to the staff report was submitted by the applicant. With the Council's approval of the access to Ten Mile Road, with the previous rezone application, conditions of approval number 4-A and 6-B prohibiting access to Ten Mile Road should be stricken from the report. The applicant also requests condition of approval 6-A and number seven be modified to only require a 35 foot wide buffer as required by the UDC and eliminate the requirement fora 40 foot wide buffer if the sidewalk is placed outside of the right of way within the buffer. The old Meridian City Code required an additional five feet be added to the width of the buffer if the sidewalk is placed within the buffer. Staff has no objection to this request. However, Council should make a decision on this matter as it is -- as it was a condition of approval of the preliminary plat. If Council decides the narrow strip of land south of this property should be included in the subject plat, a condition should be added. That's all staff has. Rountree: Thank you. Any comments for Sonya? Bird: I have none. Rountree: Mr. Wardle. Wardle: Mr. Chairman -- Mr. President, Council Members, one more time. Mike Wardle. Brighton Corporation. 12601 West Explorer Drive in Boise. With staffs comments at this point it appears that we have addressed most of the items that we have requested changes in, because they indicated that 4-A, as we have proposed, would be deleted, as would 6-B and, then, 6-A, which relates to the landscape street buffer along Ten Mile Road, both in 6-A and, then, in 6-D would also -- no, it was seven. Excuse me. Number seven would be handled with the changes that have occurred since the adoption of the UDC and we would ask that the Commission specifically note that. The only item of outstanding comment to make, then, would apply to Item 6-D where staff had proposed a pedestrian pathway at the west and south boundaries for future interconnectivity with the residential neighborhood. It sounds innocuous, but the church indicated to me several days ago that their concern is that they are going to have a fully fenced site and that the introduction of another access point that wouldn't have the same visibility that the street sidewalks would, both from Broadbent on the north and Ten Mile on the east, could potentially take away some of the control that they would have of the site, it would provide an area where there likely would be a structure both for the trash collection and pick up, as well as a facility for their maintenance equipment that would be right in that particular vicinity. So, they have requested that we ask that condition 6-D for that interconnectivity pathway be deleted. Would also note Meridian City Council September 22, 2009 Page 48 of 62 that with regard to staffs comment about the parcel to the south, Mr. Tumbull's indicated that he would like to work with that issue through the amendment of the development agreement, rather than include it in the -- the plat at this point, because there is some potential issues on which way that parcel could go in the future. Hopefully, Mr. President and Council Members, my comments are clear. If you have questions, however, I would be happy to respond. Rountree: Any questions? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: As opposed to dropping the pathway connection entirely, I agree with your logic that running it through the property may not be the best way to do it. But my question would be could we trade and would you build the sidewalk that fronts both -- I think it's Broadbent and Ten Mile as a ten foot wide sidewalk. Making it usable as a multi-use pathway. Wardle: Mr. President, Council Member Zaremba, I don't see any benefit in doing that, frankly, because it would not connect to any other ten foot wide facility that would be proposed on either of those two corridors. There is a ten foot regional pathway along Chinden to the north that will be proposed and I'm not aware that -- that there is one proposed for Ten Mile Road. So, I think that that would be probably a lot of sidewalk for no benefit of connection to any other system that would not be served by the five foot sidewalks that are already required. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I ask the question, because I assume the request to put a pathway through the property was to make it connect to something and if it's not connecting to anything, then, my question is not useful. Wardle: Well, Mr. -- Mr. President, Mr. Zaremba, our understanding was that it was simply a pathway out of the residential neighborhood for pedestrian access to the church site. Zaremba: Oh. Okay. Wardle: And so in that regard we have a sidewalk on the north from the residential area and we have got a sidewalk on Ten Mile Road that when in the future Ten Mile improves for any -- anybody that walks north and south, they would have access as well. So, it was purely an internal connection for pedestrian activity. Meridian City Council September 22, 2009 Page 49 of 62 Zaremba: It sounds like I took it for the wrong reason. So, thank you. Wafters: If I could just add to that, Council President Rountree, Councilman Zaremba, there is no regional pathway planned in this area on the pathways plan. The intent of staff was, as Mr. Wardle commented, was just to provide interconnectivity -- pedestrian interconnectivity to the church site from the residential neighborhood and to incorporate it as part of that neighborhood and open it up, so that there is more of a neighborhood feel to that. Zaremba: Thank you. Rountree: Any further questions? More comments? Bird: I have none. Rountree: I have a question with respect to the south parcel and deferring that until we talk about an amended DA. Anna or Sonya have a comment on that? Canning: Yes. Because this -- this development agreement will just cover the church property, basically. So, we'd have to go back to the original DA and note it there, because they are not -- the strip of land will still be in the original DA. So, in the -- that will work. My only concem is that we don't ten years down the road end up with -- unintentionally end up with a strip of land that somebody purchases and decides to build a 15 foot by 400 foot house on and -- these little strips of land turn into strange things over time. So, that's just my only concem is that we have it documented somewhere that it's not a buildable parcel, unless it's joined with some other piece of property. Rountree: Or yet another lane. Canning: Yeah. Wardle: Mr. President, Council Members, we are certainly willing to work with staff on that original DA amendment, so that we can accommodate that concem. Rountree: Very good. Thank you. Any further questions or comments? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Just in commenting on that subject, in the view that's being showed now, the original approved preliminary plat access to the sort of triangular property that apparently is not part of the subdivision at the moment, is -- was going to be by some internal roads, which now will be covered by a church and I'm just wondering what -- I'm assuming that when that triangular outparcel either develops or is included, that the Meridian City Council September 22, 2009 Page 50 of 62 desire will be that they give up access to Ten Mile, will they still have access to Bainbridge if there is a church on top of the road. Wardle: Mr. President, Council Member Zaremba, I would ask staff, do you have the other site plan modification that you could put up for us. Do we need to go to the low tech version here? That issue has been -- we have actually looked at that and there are potential access from the south, so that they would not have to take access from Ten Mile. Zaremba: I'm happy to take your word for it that it has been thought of and addressed and that's all I was asking. Wardle: Okay. Rountree: Any other comments or questions? Bird: I have none. Rountree: Seeing none -- Wardle: Thank you. Thank you, Mr. President, Council Members. Rountree: Any further discussion on this item? If not, a motion? Zaremba: It's not a public hearing, so we don't need to close that; correct? Rountree: No. I just need an action on the final plat. Zaremba: Okay. Mr. President, I move we approve FP 09-006 with all staff and applicant comments. Bird: Second. Rountree: It's been moved and seconded to approve Item 8-F. Roll call vote. Canning: President Rountree, prior to the vote being taken can you clarify with regard to the issues that were raised, the different -- the -- particularly the one about the accesses, the one that we need you to comment on. I think the other two are -- or the pedestrian pathway. Zaremba: I took the easy way out. Rountree: You want to clarify that. Zaremba: Yes. I would say we have agreed to eliminate the pedestrian access and leave it to the original development agreement to deal with that little sliver. Is that Meridian City Council September 22, 2009 Page 51 of 62 correct? Yeah. And agree that 6-A and seven be modified to only require the 35 foot buffer. Did I catch them? Bird: And delete issue 4-A. Rountree: That's it? Does second agree? Bird: Second agrees. Rountree: All right. So, we have a motion and a second with a clarification. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. G. Public Hearing for Macha Retail Plaza by Armstrong Consulting CPA 09-005 Description: Public Hearing: CPA 09-005 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Office to Commercial for approximately 6 acres for Macha Retail Plaza by Armstrong Consulting -south side of E. Franklin Road, approximately 600 feet west of Eagle Road: H. Public Hearing for Macha Retail Plaza by Armstrong Consulting AZ 09-003 Description: Public Hearing: AZ 09-003 Request for Annexation and Zoning of 3.95 acres from Ada County RUT to C-C (Community Business District) for Macha Retail Plaza by Armstrong Consulting - south side of E. Franklin Road, approximately 600 feet west of Eagle Road: Rountree: Next item, Item 8-G and H. Sonya or Anna. Canning: President Rountree, Members of the Council, this is the Macha -- I hope that's how they say it -- Retail Plaza and it includes a Comprehensive Plan amendment and a rezone. The subject property for the Comprehensive Plan amendment request is located at 2805 and 2975 East Franklin Road in the north -- northeast quarter of Section 17, Township 3 North, Range 1 East, which is just west of Eagle and Franklin. The subject property for the rezone request is located just at 2805 West Franklin Road. So, you can see the three separate parcels, so the Comprehensive Plant amendment covers all three and, then, the rezone is just the two western ones. The Comp Plan amendment is for 5.96 acres of land from -- currently shown as office on the Comp Plan Meridian City Council September 22, 2009 Page 52 of 62 to commercial and, then, the annexation is the 3.98 acres of land from RUT to the C-C zone. The applicant is proposing to amend the current Comp Plan from office to commercial and they chose commercial, because it matches up with the commercial on the north side of Franklin in that area. The application also includes the request for annexation and zoning of the Macha parcels. The C-C zoning district, the Holloway property is not part of the annexation request, as I mentioned before. We do have a conceptual development plan. There you can see the future -- the proposed future land use map. This is the concept plan and it depicts future commercial development totaling approximately 64,000 square feet of office retail and service uses. The concept plan depicts ten buildings, ranging in various sizes and includes a mix of amenities, such as walking paths and a hardscape plaza area with water features. You can see the little water features throughout. At this time one full access is proposed to Franklin Road for the Macha property. A DA provision requires cross-access along the western and eastern properties. You can see the cross-access there. I think there is one required there as well. The Commission recommended approval at their August 20th, 2009, public hearing. No one spoke in opposition. Jerry Armstrong commented on it. I'm guessing he actually spoke in favor of it. I think our little cheat sheet is wrong today. But there was no written testimony and Bill Parsons presented the application and there was no other staff commenting. There was no discussion -- substantive discussion by the Commission and there was no key changes to staffs recommendation. So, to our knowledge there are no outstanding issues before Council. I did want to mention that there is a DA proposed as part of this with the C-C zoning. The key provisions of that were no direct lot access to Franklin Road, other than the one shown and there was a number of excluded uses from the development. They included drinking establishments, fuel sales facilities, minor vehicle repair, vehicle washing facility, wireless communication facility and vehicle sales and rentals. The DA provisions also include an eight foot decorative CMU wall along the south boundary of the Macha property and buildings on the south boundary were limited to two stories. So, again, that's -- the DA just covers the rezone, so it would just be the Macha property. And with that I'll answer any questions Council may have. Bird: Mr. President? Rountree: Mr. Bird. Bird: Anna, on the two stories, do we have the height of 35 foot, too, max? Canning: We did not include that. We could. I can double-check, but I don't think it's on there. Bird: Let's ask the applicant if that's any problem. If you're going to limit two stories, mean 90 percent of the buildings aren't -- two aren't going to be 35 feet, but it could be. Rountree: Okay. Further questions of Anna? Mr. Zaremba. Meridian City Council September 22, 2009 Page 53 of 62 Zaremba: I'm curious about the Holloway property not being included in the annexation. I'm trying to -- trying to imagine what could go wrong. Is there a reason why it's not included? Canning: I am not sure why it's not included at this time. Zaremba: Are we -- should we be womed about that? Canning: What they have shown is -- typically what I'm concerned about is can the adjoining parcel develop in a logical manner consistent with the ones that are around it and I think by providing this concept plan of the full Comprehensive Plan amendment area, they have shown that, yes, it can. I think that would address my concerns related to the Comp Plan amendment and we could deal with the annexation when it comes in later. So, I think it's probably okay. Zaremba: Thank you. Canning: My gut is that the parcel is underparked and so they may need some more of the Holloway property to actually park this thing, so we will see. Zaremba: Thank you. Rountree: Further questions? If the applicant would like to make some comments. Good evening, Mr. Armstrong. Armstrong: Good evening, Members of the Council. My name is Jerry Armstrong. My address is 4813 Lake Front Place, Garden City, Idaho. I represent both Macha and the Holloway property in this particular application. If we can get up the presentation real quick. Canning: Real quick I can't promise to you. I will get it there for you. Just a moment. Armstrong: A couple of comments that I do want to make, until we get this loaded up, is we did have a neighborhood meeting and the neighborhood meeting the -- the people that showed up at that particular meeting, their biggest issue was providing the eight foot high decorative fence along our southern border, as well as along the west side to protect the residents on the west side. It would include the Yoder property. So, it was at the northeast comer of the Yoder property and that is called out in condition number ten of the -- of the staff report. The other comment that I would like to make is staff has really come forward and helped us out with this application and I think you will see that we have a pretty good application before you. So, if you can move that to the next slide. Canning: You can actually control it up there, but I'm happy to control it for you if you would like. Meridian City Council September 22, 2009 Page 54 of 62 Armstrong: Okay. Which one do you use, the little arrow here? Canning: Why don't you just nod at me when you're ready to go to the next one. Armstrong: Makes perfectly good sense. Rountree: We will train you later. Armstrong: Well, let's talk about the Comprehensive Plan amendment first. We do meet all the criteria for the amendment. The current designation, as Anna said, is for office use only. This change really allows for a broader mix of retail, office, and service uses that will be more compatible with the residential neighborhood in that area. The other thing it's very compatible with the main intersection of Franklin and Eagle is currently being developed. The land to the north actually has a C-G designation the entire length of Franklin Road all the way from Eagle to -- to Locust Grove. The other thing is there is a substantial amount of land to both the north and south of Franklin on Eagle Road that's also designated C-G. We are, actually, asking for a lesser designation, which is C-C, which in working with staff really reduces the height and the maximum building sizes that can be built on the property, which we agree to, because we think it should be compatible with the residential uses in the neighborhood. So, you can see the site that is showing the three properties, that's what we are asking for and you can see the relationship to your current future land use map, you can see all the red to the north and, then, also to the -- to the east of the property. The future land use map as C-C really will enhance the vitality of other uses in the area of Meridian, the mixed use. We are proposing retail, office, day care. An out-patient surgery clinic, which will be compatible with the St. Luke's being close. Restaurants and coffee shops. This also compliments the surrounding residential, commercial, and medical facility services that will be in this area. You can also see the site there and what that would look like on your future land use map, given your approval this evening, how the red all works together. We even anticipate that some of the residential uses to the west that are currently shown in the light green will also probably develop in commercial in the future, so you will see the red moving further, we think, to the west as those properties develop out. Next I want to talk a little bit about the conceptual development plan and I think what's important here is -- is that we have, indeed, provided the interconnected walking paths, we have the hardscape plaza areas that are shown there. We also have the water features. The other key thing is the entrance parkway that we think will -- will enhance the property. In the plan that you're seeing on the Macha plan is -- is, basically, a -- roughly 39 percent of the site is in landscaping. Only 35 percent is actually in building coverage and about 26 percent of the site will actually end up in parking area. As I mentioned before, we do have the eight foot fence that will go along the southern property and that will be a decorative CMU fence. That's covered in condition of approval number ten. Also we have a restriction in condition number 12, which is on building heights adjacent to the residential areas, which is limited to -- to two story. I think the -- if you want to put a stipulation in as far as the height to 35 feet, that's fine with us. Currently that's not in the staff report. Also I'd like to comment as why Holloway on the east did not want to do the rezone at this point. He's agreed to this Meridian City Council September 22, 2009 Page 55 of 62 concept plan. We have worked with them, so we are not planning his property for him. He -- he was, actually, part of the process and agreed to the connection, which is key to the future. He's just not ready at this point in time, given the current recession, to commit to the dollars and, frankly, his -- his property taxes would go up if he rezones and annexes it into the City of Meridian. So, those were the reasons that he didn't want his property taxes raised until he had more certainty as the development pattern moves forward. The other comment that I would like to make is that on the site, since we put up the notice to this hearing and even the broker has a sign up on the site, we have had interested parties to build and develop two, three thousand square foot buildings on this site, as well as an additional 5,000 square foot building on the site. We are also working with Dr. Macha, who is planning a surgery center on -- on this site as well. So, I think that this would be a good project for the City of Meridian. It really fits in with the new design guidelines that you were talking about earlier this evening and we are anxious to get this project moving forward. And we thank you for your positive consideration of our application. Rountree: Any questions? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Just one if I may. attractive and interesting to me, I and when staff was presenting development agreement removed said drive-thru or not. Canning: I did not. On the conceptual development plan, which looks don't see any buildings that could have adrive-thru earlier you mentioned some things that were by from consideration. I don't remember whether you Zaremba: Is that a concern? And the concept at the moment doesn't have any drive- thru establishments, but -- and it doesn't look like that would be compatible with what you're planning, but C-C would include drive-thru establishments if they got a CUP; is that right? Canning: No. I suspect that they are principally permitted in that zone, unless they are within 300 feet of another drive-thru facility and, then, it would be a Conditional Use Permit or 300 feet from a residence. So, I'm not sure of the exact dimensions. So, some of them may be Conditional Use Permits, but if they were out by Franklin Road they have be principal permitted. I have no concerns with that with regard to the site. Zaremba: Okay. Thank you. Rountree: Any other questions? Meridian City Council September 22, 2009 Page 56 of 62 Hoaglun: A question for Anna and maybe Councilman Bird on -- on that 35 foot stipulation, was that going to be just -- you're looking at that primarily up against the residential areas and out front they could be higher or would that be applied throughout the whole development? Bird: My preference would be throughout the whole development. And at 35 feet, depending on the pitch of the roof, you could go above two stories. But it depends on the pitch of the roof to go to -- I think -- I think that's what our limit is around has been -- the general limit has been 35 foot and I don't know why they can always come back in if they find a tenant that wants to go higher and get a variance, but Iwould -- right now would -- myself personally would like to keep it at 35 foot high. Hoaglun: Okay. Thank you. Bird: Because there is so much residential already out around there that -- that it would -- and I think Mr. Armstrong wants to -- to really blend in with the residential from the way this looks. Rountree: Further comments, questions? Canning: President Rountree, if you could allow me a moment, I will look up what those standards are. Okay. First adrive-thru is accessory or conditional. You were right. Bird: They are conditional. Canning: So, it would be conditional again if it's within -- if it doesn't meet the locational provisions. The height limit for the C-C is 50 feet. I'm -- well, we will let the applicant comment on the height restriction. I'm not sure that they were anticipating that throughout the whole development. Armstrong: Mr. Chairman? Rountree: Mr. Armstrong. Armstrong: I guess my comment would be what we had anticipated was the building height at least adjacent to the residential properties to be, you know, no higher than the 35 feet or the two stories in height and we really hadn't discussed the balance of the property. However, most of the buildings we anticipate will probably be only two -- two stories in height anyway, so -- it's not a major issue, but -- Bird: Mr. President? Rountree: Mr. Bird. Bird: Mr. Armstrong, I would have -- I mean I would have no problem -- I didn't realize that our C-C allowed it go to 50. I just don't want to see 50 up against the residential Meridian City Council September 22, 2009 Page 57 of 62 and I -- and, you know, 35 would be tight if you had somebody that wanted to go three stories, but I would have no problem -- the southern part of your deal being limited to 35 and that anything that was next to Franklin could go to the 50, which was allowed -- which is allowed in C-C designation. Armstrong: Mr. Chairman, that would be agreeable with us. Rountree: Okay. Thank you. Hoaglun: Yeah. Mr. President, just a comment on that. That was my question. I -- up against the residential area 35 feet, yeah, you don't want that huge building imposing upon residents that are already there, but as you move out Idon't - I don't see that as being a problem to go up to the 50 foot. Armstrong: Okay. Rountree: Any further questions? Bird: I have none. Zaremba: I was just going to add in support of that, it kind of goes both ways. What the residents would live there would not want somebody 50 feet up able to look into their windows. Bird: Right. Zaremba: If you limit it to 35, then, it's less likely that they would feel their security impinged upon by people looking at them. Rountree: No more comments? Thank you, Mr. Armstrong. This is a public hearing. Anyone wishing to make comments, provide testimony? This gentleman here. I don't have anybody signed up, so -- if you would state your name and address for the record. Sterm: My name is Jack H. Sterm and I live at 2900 East Springwood Drive. I am one of the biggest property spans on the back of that. I'm hearing about the eight foot fence. I just want to clarify is that on my back property or is it down further or what. Because my backyard is at one point 15 feet away from the property line on the family -- family room side. My bedroom side is -- I'd probably estimate about 30, 32 feet, with an overhang with a patio. So, width I'm respecting everything and all and with two feet or two story high, I like what he said as far as not going up higher, because I mean they are going to be able to look in as it is, but there are going to be times, I guess, they will be closed, like at 5:00 o'clock, 7:00 o'clock at night, where it's respectable, that kind of thing. And my main thing with Matthew was the security, the eight foot brick fence, which he's complying with, but I just want to make sure it's on my back side, if that's -- if they can put that up somewhere. Meridian City Council September 22, 2009 Page 58 of 62 Rountree: We will have the applicant address that. Sterm: Okay. Thank you. Rountree: Thank you. Any other testimony? Seeing none, Mr. Armstrong, if you want to wrap up and address the question that's been presented. Armstrong: Sure. Thank you, Mr. President, Members of the Council. We do plan on building the eight foot high fence on our property line that's directly on the south of the property and I think that was the question we were asked. So, that's our intent. Rountree: And if we would have the site plan put up you could point that out. Armstrong: Does this show on this interactive or do I have to press something here? Holman: Sir, if you press probably the red button on the top, it's like a little highlight, then, you can grab that pen and draw with it. Armstrong: Okay. Here is the -- southern property line is right there and that's the entire two parcels of Macha property. This property in the future, what we are showing is a commitment to the property owners and a concept only and Mr. Holloway has agreed to that. We are also taking the fence along the west properly line to about this location here. So, this shows the location of the -- there is one neighbor that has a site here. So, that would be the entirety of the eight foot high fence. And, again, we are limiting these buildings that are on the back side, we have agreed to the two story height consideration. Rountree: Thank you. And I must say you have a very steady hand. Armstrong: Well, thank you. For the first time using it, this is quite the deal here. Canning: So, Mr. Armstrong, do you want to highlight the gentlemen's property there? It's that wedge shaped one right at the end. Armstrong: Yeah. Here is the property right -- right there, which will be part of that fence. Canning: Yeah. Bird: All his property will be -- Armstrong: The entire property along -- his north, our south. Rountree: Okay. Thank you. Meridian City Council September 22, 2009 Page 59 of 62 Hoaglun: Anna, I have a question on that -- the C-C designation. That does allow for restaurants in that -- that area for that type of zoning? Canning: I'm sure it does, but let me check, because that's what I always do is check, so -- yes, it's a principally permitted use. Hoaglun: And that's one thing we have to watch having numerous phone calls from a residential area that abuts a retail center that went to a restaurant that has an outdoor patio with music is a constant source of my telephone ringing, because I happen to live in the same section as this particular establishment. You know, I guess maybe this is more for the applicant that, you know, as you consider these things, it doesn't work. Having outdoor patio with music up against a residential area just does not work and I know it's an allowed use in that type of zoning area, but it's the type of thing that the residents were there first, the commercial came, it was allowed, everything was okay and, then, that happened and it's just one of those things where we just -- so, it's -- I guess just -- just a warning. I don't want more phone calls when this is developed that music -- especially when the workers -- it doesn't open until noon, but at 10:00 in the morning they start the outside speakers, because they want music as they are setting up and it goes until 11:00 o'clock at night. I can understand their complaint, so -- Anna, that's just my two cents worth on that. Take it and hope you can use it. Thank you. Rountree: Still exploring the -- Bird: It is a restaurant. Canning: I'm stuck. There we go. Rountree: Okay. Canning: I'm sorry, did I miss a question? Rountree: No. No. I thought you were going to show us that. Canning: No. Rountree: All right. But you verified that it is a use that's allowed. Any other questions, comments, additional testimony? Seeing none -- Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we close the public hearings on G and H. Zaremba: Second. Meridian City Council September 22, 2009 Page 60 of 62 Rountree: It's been moved and seconded to close the public hearings on Item G and H. All those in favor aye. Opposed same sign? MOTION CARRIED: ALL AYES. Rountree: Okay. Need a motion for action. It would have to be Item 8-G acted on first. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve the CPA 09-005 and to include all staff and applicant comments. And public testimony. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 8-G. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Rountree: Item 8-H. Mr. Bird. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve AZ 09-003 to include applicant, staff, and public comment and that in the restrictions, the south back of the property, no building shall exceed 35 foot in height. The north side of the building -- of the property may go up to 50 feet in height. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 8-H with the stated stipulations. Roll call voted. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 9: Ordinances: Rountree: Next item on the agenda, it must be a phantom out of the Agenda Manager. It says ordinances and I don't have anything there. Meridian City Council September 22, 2009 Page 61 of 62 Item 10: Other Items: A. Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) Rountree: The last item is Item 10, an Executive Session. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-12345(1)(c). Hoaglun: Second. Rountree: It's been moved and seconded to go into Executive Session. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Rountree: We are out of Executive Session, back in Council chamber. Need a motion or two. Bird: I move we come out of Executive Session. Hoaglun: Second. Rountree: It's been moved and seconded to come out of Executive Session. All in favor aye. Opposed same sign. We are out of Executive Session officially. MOTION CARRIED: ALL AYES. Bird: I move we adjourn. Hoaglun: Second. Rountree: It's been moved and seconded to adjourn. All in favor? Opposed? MOTION CARRIED: ALL AYES. Rountree: Good evening. Meridian City Council September 22, 2009 Page 62 of 62 MEETING ADJOURNED AT 10:34 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) G~ ~ . 2 ~-- Gc~ ~ a~ ~ a~~ DATE APPROVED \``~„ i i err, r,`' Vtil V /1 i ~~~ F '' ,~ `~ C1~~r~ 9'J~ EE . H o $EAL ~o~ ~//llrrlrfl n {Ilti~\~ ,CITY CLERK MERIDIAN CITY COUNCIL MEETING September 22, 2009 APPLICANT ITEM NO. SA REQUEST June 29, 2009 City Council Special Joint Meeting Minutes AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY 5~~~~~® 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 Cffy of Meridian. SC,g1VllIED MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST September 1, 2009 City Council Meeting Minutes 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: September 22, 2009 ITEM NO. 5B COMMENTS Date: Phone: Emailed: Staff Initials: Mafertals presented of public meetings shall become property of the Cify of Merldlan. S~1NE® MERIDIAN CITY COUNCIL MEETING APPLICANT September 22, 2009 ITEM NO. SC REQUEST September 8, 2009 City Council Meeting Minutes 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 Clay of Meridian. MERIDIAN CITY COUNCIL MEETING September 22, 2009 APPLICANT ITEM NO. 5D REQUEST Addendum to the Agreement for Legal Services with Boise City (Exhibit A to the original agreement) along with the Cost for Services (Addendum B to the original agreement) 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. EXHIBIT "A" ADDENDUM N0.7 TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1, 2002 This addendum No. 7 is entered into day , 2009 by and between the City of Meridian (hereinafter referred to as "Meridian"}, and the City of Boise, (hereinafter referred to as "Boise"}, for the purpose of amending and extending an Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002. Whereas, on November 1, 2002 Meridian and Boise entered into an agreement for Boise to provide certain prosecutorial/criminal legal services to Meridian; and Whereas, the agreement was extended and modified by Addendums approved in 2003, 2004, 2005, 2006, 200? and 2008; and Whereas, Meridian and Boise desire to modify certain terms of the agreement related to the amount of payment; and Whereas, Meridian and Boise desire to extend the agreement as modified for an additional one (1) year term. Now, therefore, in consideration of the foregoing, Meridian and Boise agree to amend that certain Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002 as follows: 1. That Section 4 of the Agreement is hereby modified to read as follows: 4. PAXMENT FOR SERVICES. Meridian agrees to pay Boise for services rendered pursuant to the terms of this Agreement as follows: 4.1 As compensation for all Primary Legal Services, including all out-of-pocket expenses incurred by Boise in performing the Primary Legal Services, Meridian shall pay Boise the total sum of twenty two thousand six hundred fifteen dollars ($22,615} per month, with the annual total cost of two hundred seventy-one thousand three hundred eighty dollars {$271,380}. 4.1.1 Payment of Primary Legal Services shall be paid by Meridian to Boise on or before the 20~' day of the following month. 4.1.2 Boise shall provide Meridian with a monthly itemized invoice of all services performed at the request of Meridian beyond the Primary Legal Services (including all out-of-pocket expenses). Provided the invoice is received by the 5~' of the month, Meridian shall remit payment to Boise by the first business day of the following month. Meridian Addendum No. 7 Page 1 2. That section 9 of the Agreement is hereby modified to read as follows: POSSIBLE EXTENSION OF TERM OF AGREEMENT. The parties mutually agree to renew or extend the term of this Agreement, as provided in the Contract Extension - FY-2010, attached hereto as Exhibit B. 3. Except as modified by this Addendum No. 7, the original Agreement for City Prosecutor/Criminal Legal Services between the City of Meridian and the City of Boise dated November 1, 2002, which incorporates Addendums Nos. 1, 2, 3, 4, 5 and 6 shall remain in full force and effect. IT IS SO AGREED. IN WITNESS WHEREOF, the parties have executed this Addendum No. 7 on this day of , 2009. CITY OF MERIDIAN BY: ~ ~ c~ ,r1 . CL- ~- ~~tatiGct, u,r~.crc~ ?(~.L,,,q,~ j ~,,,~,r~i aEe,.,~' , , ATTEST: . ,~ q ~~ .~ ti '~, Y= $EAL ayce .Holman, City Clerk r %, 'gyp ~~' ts~ ~ ~ QZO~``. CITY OF BOISE '~ '9 ~~ , ~~ ~~ '//~~``~hrrrrrrlr~r~ti~~~~~~```` BY: Mayor David Bieter ATTEST: BY: City Clerk Meridian Addendum No. 7 Page 2 Exhibit "B» CONTRACT EXTENSION - FY-2010 Prosecution and Criminal L a! Service for the Ci of Meridian Cost for Services The Boise City Attorney's office proposes to continue to offer Meridian City a flat annual fee to be billed in monthly installments to provide the services described in this proposal. Primary Le al S Primary prosecutorial legal services include: • Prosecutorial intake screening and review of all police-generated misdemeanor reports and citations; • Timely filing decision and notification back to MPD and customer; • Prosecution of infractions and misdemeanors occurring within the Meridian City limits or pursuant to the Memorandum of Understanding between MPD and BPD; • Coverage of the additional caseloads in the new criminal courtrooms assigned by the Trio! Court Administrator. Primary civil legal advice and guidance to the Meridian Police Chief and MPD include: • Access to members of the Public Safety Division for immediate assistance 24 hows a day, 7 days a week through cell phone and/or pager under MPD's protocol; • On-site legal services by the dedicated assigned Police liaison attorney three half-days each week; • Routine review and approval of MPD's public records requests and property dispositions; • Legal training for Block Training and Advanced Academy on search and seizure, trial preparation, investigations, and domestic violence; • Training on other needs (including those identified through the screening process) by request of the Meridian Police Chief; • Regulaz legal bulletins, including Idaho case law, U.S. Supreme Court, and the Ninth Circuit. Annual Cost - $271,380 Monthly Installment - $22,615 MERIDIAN CITY COUNCIL MEETING September 22, 2009 APPLICANT ITEM NO. SE REQUEST Addendum B to Professional Services Agreement with Refinerii, LLC -Meridian City Hall Public Arf Project AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Merldlan. ADDENDUM B to PROFESSIONAL SERVICES AGREEMENT MERIDIAN CITY HALL PUBLIC ART PROJECT This ADDENDUM B to the Professional Services Agreement for Meridian City Hall Artwork is made thisday of September, 2009 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and J. Amber Conger, on behalf of Refinenu, a Limited Liability Company organized under the laws of the State of Idaho ("Artist"). WHEREAS, on February 3, 2009, City and Artist, on behalf of Refinerii, LLC, entered into an Agreement For Professional Services/Meridian City Hall Artwork ("February 3, 2009 Agreement") that included, in Section ]II.A.S, a requirement that the parties enter into a mutual indemnification agreement as a condition of the City's Final Acceptance of the artwork designed, created, and installed by Artist pursuant to the Febnuary 3, 2009 Agreement; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby, and in the February 3, 2009 Agreement, acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. INDEMNIFICATION. Artist hereby indemnifies and saves and holds harmless City, its employees, elected officials, agents, guests, and/or business invitees, from any and all liabilities, losses, claims, actions, and/or judgments for damages, expenses, and/or injury to any person or property caused or incurred by or as the result of the performance of or failure to perform any work or service under or related to the February 3, 2009 Agreement. Artist specifically hereby indemnifies and saves and holds harmless City from any and all liabilities, losses, claims, actions, judgments far damages, expenses, or injury to any person or to property arising as a result of: A. Artist's failure, or the failure of any of Artist's agent(s), employee(s), or subcontractor(s), to exercise reasonable care, skill or diligence in the performance of any work or service under or related to the February 3, 2009 Agreement; B. Any breach of any representation, warranty or covenant made by Artist, or by any of Artist's agent(s), employee(s), or subcontractor(s); C. Artist's infringement of or upon any intellectual property rights, whether intentional or unintentional, known or unknown, including any copyright or patent arising out of the reproduction or use in any manner of any plans, designs, drawings, specifications, information, maxenial, sketches, notes or documents created by Artist in the performance of any work or service under the February 3, 2009 Agreement; and/or D. The malfunction, breakage, or failure of the artwork, or any portion or component thereof, created and installed under the February 3, 2009 Agreement. INDEMNITY AGREEMENT CITY HALL ENTRYWAY 8L COUNCII, CHAMBERS ART PAGE I Of 2 II. WArvER. Artist hereby waives and releases, on behalf of herself, her employees, agents, heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages she and/or Refinerii, LLC now has or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or business invitees, suffered in connection with or arising out of the performance of any work or service under or related to the February 3, 2009 Agreement. Except as otherwise expressly delineated in the February 3, 2009 Agreement, Artist hereby waives any and all right, title, or interest in items created under, assembled pursuant to, and/or otherwise related to the February 3, 2009 Agreement. III. FEBRUARY 3. ZOO9 AGREEMENT FULLY IIY EFFECT. The intent and effect of this Addendum is to fulfill Section III.A.S of the February 3, 2009 Agreement. Except as expressly set forth herein, this Addendum does not otherwise modify or alter any term or condition of the February 3, 2009 Agreement in any way. The February 3, 2009 Agreement remains in full effect, and all terms and conditions thereof are incorporated in this Addendum as though fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the ,may of September, 2009. ARTIST: .°Amber Conger, Owner/1Yiembl~i`' Refinerii, LCC _~if.r 9a,,zaao-o-cn u1~~}., f': PF.f ~~~ /~., C~a ~~~L~~"1~0~' ~~'%, ~ Y A/S~P@rna~ene°°Q CITY OF MERIDIAN: ~~ ~ ~ ~ ~~ati~. ~Ou~~.-u~i , .~ COuvtci 0' `A;~-~/' STATE OF IDAHO ) ss: County of ~~,C ) I HEREBY CERTIFY that on this ~hday off, 2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared J. Amber Conger, 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 ray hand and affixed my official seal, the day and year in this certificate first above written. otary Public Idaho Residing at i 1 ~ .Idaho My Commission Expires: ~ d-~c~ ~' ~' -T - ~ } 5ti ~i t~ ~y $„ ~Tr~ycee loran, City Clerk '~ ~+~~ ~ ~ . "'~, 'gyp G5r ~S't • P ~~`~ INDEMNITY AGREEMENT CITY HALL ENTRYWAY & COUNCII. CHAMBERS ART PAGE 2 Of 2 SCANNE® MERIDIAN CITY COUNCIL MEETING September 22, 2009 APPLICANT ITEM NO. SF REQUEST Contract Amendment with Pipeline Inspection Services, Inc. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~~i~E IDIAN~-- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Roxanne Holland, E.I.T. Staff Engineer DATE: 9/1/09 Mayor Tammy de Weerd CIEs Ceanell Members Keith Blyd Brad Hoaglun Charles Rountree David Zaremba SUBJECT: CONTRACT AMENDMENT WITH PIPELINE INSPECTION SERVICES, INC. (SEPTEMBER 15, 2009 CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve the Contract Amendment with Pipeline Inspection Services, Inc. to extend the date of the contract until September 30, 2010 for lift station cleaning and grit removal and emergency on-call services; and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Rich Dees, Utility Operations Manager 888-2191 Gail Hammond, Plant Co-Manager 888-2191 Roxanne Holland, Staff Engineer (Project Manager) 489-0347 III. DESCRIPTION A. Back rg ound A contract with Pipeline Inspection Services, Inc. was approved by City Council December 23, 2008 after a successful bid for services including sewer line cleaning, CCTV, lift station cleaning, lift station grit removal, smoke testing, root removal and on-call emergency repair services. The original contract was $75,893.50 and an amendment was approved for an Page 1 of 3 additional $50,000.00 for sewer line cleaning on August 11, 2009. The current contract ends September 30, 2009. B. Proposed Contract The Public Works Department would like to extend the contract with Pipeline Inspection Services, Inc. through FY 2010, ending September 30, 2010. With the recent purchase of a sewer cleaning truck, wastewater will no longer need the services of sewer line cleaning, TV inspection, or root removal. The services for FY 2010 will include lift station cleaning and grit removal. The contract extension is also intended to include emergency repair/on-call services at a rate of $250/hour. IV. IMPACT A. Strategic Im acct: Extending the contract with Pipeline Inspection Services, Inc. will help the wastewater division to meet the strategic objective of a comprehensive collections system maintenance program. The removal of grit and regular cleaning of lift stations will help preserve the operating condition of the infrastructure. B. Fiscallmpact: Previous amendments to the contract have resulted in a total of $125,893.50, all of which will be paid under the FY2009 maintenance budget. The total cost for this amendment, to be charged in FY2010, is $10,000.00 and is summarized below. This cost will not result in any additional budgetary amendments to the approved FY2010 budget. Project Costs Previous Contract Amount $125,893.50 Paid in FY2009 - $125,893.50 Lift Station Cleaning /Grit Removal + $8,700.00 Project Contingency + 1 300.00 Net Increase for FY2010 $10,000.00 Project Funding Line Wat/Sew Maintenance (60-3520-53350) $10,000.00 Page 2 of 3 V. ALTERNATIVES A. Rather than extending the contract, the City could re-bid for services. This alternative could cause an interruption of regular scheduled lift station cleaning. It could also lead to an increase in the cost for cleaning and for emergency on-call services. B. City staff could elect to do the cleaning of lift stations in-house, rather than hire out for the service. This alternative would greatly take away from priority and scheduled line cleaning duties. It would also leave an inadequate system for emergency situations such as sewer line blockages. VI. TIME CONSTRAINTS Council's approval will allow the services to continue without interruption and allow WW maintenance staff to focus on the training and use of the cleaning truck and catch up on line cleaning. VII. LIST OF ATTACHMENTS A. Original Agreement for Independent Contract Services with Pipeline Inspection Services, Inc. B. Contract Amendment Form Approved for Council Agenda: Tom Barry, Director of Public Works Date Page 3 of 3 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES FY 2009 SEWER LINE CLEANING, MAINTENANCE, TV AND INSPECTION ~/' THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this ay of ,.,~n`'~r, 2009, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Pipeline inspection Services, Inc, hereinafter referred to as CCONTRACTOR°, whose business address is P.O. Box 3023, Nampa, ID 83653 and whose Public Works Contractor License # is RCE-8482. INTRODUCTION Whereas, the City has a need for services involving FY 2009 Sewer Cleaning. Maintenance. TV and Inspection: and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and famish to the City upon execution of this Agreement and receipt of the City's written notice to proceed,. all services and work, and comply in aq respects, as specified in the document titled °Scope of Work° a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parses. 1.2 All documents, drawings and written work product prepared or produced by the Corrtractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. !f any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. FY 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 1 of 10 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city lavers, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally acxepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule ofi Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof in the amount of $75,893.50. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by Ci#y to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon {a) completion of the agreed upon work, {b) September 30, 2008 or {c) unless sooner terminated as provided below or unless some other method or time of termination is listed In Attachment A. FY 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 2 of 10 Upon agreement by the Gity and the Contractor, three (3} additional one (1) year options may be considered.This Agreement shat! terminate automatically on the occunrence of (a) banlwptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the per'Formance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractors option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractors business; or c. Death of Contractor 4. T®rminatlon: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract. or if the City Council determines that termination of this Agn~ment is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen {15) days before the effective date of such termination. CONTRACTOR may terminate this agreement ~,t any time by giving at least sixty (60) days notice to CITY. In the ev®nt of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its properly, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any paymernts to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this FY 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 3 of 10 agreement and shall not relieve CONTRACTOR of its liability to the CITY for damage,;. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will 6e deemed an employee of CITY. F~tcept as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the tE:rm of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing tine work and servioes to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnlflcatlon and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including I'rtigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or ocxurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CfTY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including FY 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 4 of 10 litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor`s officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance. or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of complianoe with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Acxounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either. the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim adminlstration and defense expenses. To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Conrtractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the Unlted States mail, certified, return receipt requested, addressed as follows: FY 2009 Sewer Cleaning, Maintenance, N and Inspection - page 5 of 10 City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Pipeline lnsaection Services. Inc P. O. Box 3023 Namaa. ID 83653 Idaho Public Works License #: RCE-8482 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other. in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, 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. 11. Assignment It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement excx~pt upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and r®cords prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or FY 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 6 of 10 completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to melee audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, R®production and Us® of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unn~tricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be pertormed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severabiliiy: ff any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach,~and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modfied as provided above. 20. Advice of Attorn®y: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agneement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, FY 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 7 of 10 oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in acxordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the Clty of Meridian. clrY of BY: TAMMYf-el?e~ER~D~ MAYOR Dated: s`-~ 1 ~' ~ -y~ Attest: JAYCEE L" HOLMAN, Approved as to BY: CONTRACTOR r Pipeline Inspection Services, Inc Dated: ~~-Z ~ "'0 8 ~.'-, ~ = o LE y~ G AGENT Department Approval NAME: K.~Xq~NNt ~~-a.A~l~ TITLE: VTR ~ tNt~iZ. Dated: ~2 ~ ~ ~ ~ ~ 4 Approved as to Form CITY ATTORNEY Dated: I2^ I°I- 0 9 Approved by City Council: ~ a ` ~ 3 - ~ FY 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 8 of 10 Attachment A SCOPE OF WORK The F'Y 2009 Sewer Cleaning, Maintenance, TV 8~ Inspection project will include the following work: 1. Cleaning of approximately 217,000 feet of sewer line 2. CCTV of approximately 50,000 feet of sewer lines 3. Smoke testing as requested 4. Lift Station cleaning per the following schedule: • 10 Lift Stations per month for grease removal • 20 lift Stations per year for grit removal 5. Emergency repair of sewer lines 6. Emergency repair of manholes 7. Collection system backup response (on-call 2417 services} SPECIFICATIONS A. Time and materials must be approved prior to beginning any work B. Cost of materials will b® approved on an as-needed basis C. The City of Meridian will determine work that is classified as an emergency D. In the event of emergency repair of sewer lines and manholes, the Ci#y of Meridian shall determine if the repair work will be temporary or permanent E. In the event of emergency on-cell services, contractor shall have a 30 minute response by phone and a maximum of 2 hours for on-site response following notification of emergency. F. Contractor will be pemnitted to dump debris, related to work described in this contract, at the City of Meridian Wastewater Treatment Plant loaated at 3401 N. Ten Mile Rd, Meridian, ID 83642. G. Contractor shall notify the City of Meridian prior.to beginning any work H. All work shall conform to the Idaho Standards for Public Works Construction (ISPWC), Ada County Highway District (ACRD) and City of Meridian Standards t. Contractor shah be responsible for traffic control and any permits required to work in ACRD Right of Way J. Contractor shall be willing to testify as an expert witness in the event of litigation K. Contractor shall be responsible for complying with standard safety practicres L. Contractor must Identifir all sub-contractors to be used and the City of Meridian must approve the sub-contractor prior to beginning any work M. Contractor shall notify the Cky of Meridian of any significant problems, abnormalities, additional repairs need, etc. that may have been encountered during or after the work was completed. N. The quantities stated in the above bid schedule represent a maximum. The contract herein does not guarantee approval of the maximum quantity listed and may include any and all quantities up to the maximum listed in the bid schedule Q. Contractor shall use CIPP Permaliner, or equivalent, in all sewer pipe repairs. FY 2009 Sewer Cleaning, Maintenance, TV and Inspection - ~ page 9 of 10 Attachment B MILESTONE / PAYAAENT SCHEDULE A. Total and complete compensation for this Agreement shaA not exceed $75,893.50 Furnish all labor, materials, equipment, and inadentals as required for the FY 2009 SEWER CLEANING, MAINTENANCE, TV AND INSPECTION. per the attached s eclfic~tions Attachment A . ITEM DESCRIPTION UNIT UNIT PRICE QUANTITY TOTAL PRICE SEWER CCTV 81NCH LF ?2 30,000 800.00 101NCH LF 22 ~ 1 850 $ 407.00 1 ~ 121NCH LF .22 1,850 407.00 15 INCH LF .22 6,000 $1,320.00 181NCH LF .25 1,870 487.50 211NCH LF .25 5,000 $1,250.00 241NCH LF .25 3,000 $ 750.00 SEWER CLEANING 8 INCH LF .25 132 000 $33,000.00 10 INCH LF .25 12 000 $ 3,000.00 ~ 12 INCH LF .26 ~ 26,000 $ 6 780.00 15 INCH LF .26 6 200 $ 1,812.00 2 18 INCH LF .26 17000 $ 4 420.00 2i INCH LF .30 8000 1 800.00 241NCH LF .30 5,000 $ 1,500.00 271NCH LF .30 3,OOD $ 900.00 301NCH LF .30 6,000 $ 1,800A0 361NCH LF .30 4,000 $ 1,200.00 3 LIFT STATION CLEANING -GREASE REMOVAL EACH 600.00 10 Lift Statl~ons' ~~~ °n~ er month $ 7,200.00 4 LIFT STATION GRIT REMOVAL EACH 750.00 10 Lift stations cleaned 2 times per $ 1,500.00 5 SMOKE TESTING HOUR $250.00 6 ROOT REMOVAL HOUR $195.00 7 EMERGENCY REPAIR / ON-CALL SER1/ICES HOUR $250.00 LUMP SUM TOTAL ............................................................................$ 75.893.50 Trav®1®xp®nses will be paid at no more than th® Clty of M®rldian's Travel and Expense R®imbursement Policy. FY 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 10 of 10 E IDIAI~T~~ CONTRACTOR NAME: Pipeline Inspection Services. Inc P O Box 3023 Nampa,lD 83653 Amendment Date: ~, Public Works 33 E. t3roadwiay Ave. Ste. Z00 Meridian, ID 83642 Previous Amandmerrts: ~ Curreni Contract Dates: START: 116/20~J COMPLETION: 9 3Q~2~9. Current Contract Amourrt (lnctuslve of Prevlous Amendments to t)ate): 725 1MENDMENT COLUMS BELOW, either "STANDARD AMENDMENT" or °Awrenumerv OPTION TO RENEW" and check off any applicable amendments under that column. STANDARD AMENDMENT eccapth Amendment ro Contract Pertom-anoe (Scope) Amendment to Contract Dates Amendment ro Contract Amount Other. (Explain) Other. (Explain) Extend the contract term far one additional year per Item 3.1 of the current Executed Agreement dated January 8, 2009. This will allow the City of Meridian to keep the 2009 rates through FY 2010. Services tar FY 2010 will Include lilt station cleaning 8 grit removal 08,700} and emergency on-call services. The current Executed Agreement is attached. Amendment Date: ~1~ 9 New Caniract Dates: START: 09/02/09 COMPLETION: 09/30/10 Amount of Amendment Change $ ~ (~ ~' G b Current Contract Amount (InclusJve oiPrevTous Amendments ro Date): $125.@93.50. ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PRE' AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF MERIDIAN BY: GL~ ~~ , 2 C 1n4...S,.~.+~ ~ u~+uc. ~Co.~,....rc.~. I 'P •t~1.1 t aR.~x Dated: q - ``` ``~,,.,.. M~RIp.''',,,' ~~ . ti ~, Approved by Counal• ` o~~ ~4 TF '~ ~ O Attest• SEAL - 7 ~~ CE OLAAAN, CITY CLERK'a, pq r 15"(' 1 ~~~`~~ ,~P . CITY OF MERIDIAN CONTRACT AMENDMENT AI~IENDMENT TO EXERCISE OPTION TO RENEW tchedr a~ mat A,~iv~ Amendrrrent ro Contract Performance X Amendment ro Contracd Dates Amendment ro Contract Amount PI ~WME.~NSPEC~ION-9E~tVICES e I ~~! ~i Dated: {%' (.~ Approv , by City as to Content BY: ~ "- KE ,PURCHASING AGENT MERIDIAN CITY COUNCIL MEETING September 22, 2009 APPLICANT ITEM NO. SG REQUEST Request for Change Order No. 2 for the Meridian/Main Split Corridor Phase I Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: See Attached 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. ~~i~E IDIAN~- ~11bllC I D A H O ~iTorks Department Mayor Tammy de Weerd City Cecil MemberN Keith Btrd Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd Engineering Technician II DATE: 9/03/2009 SUBJECT: REQUEST FOR CHANGE ORDER NO. 2 FOR THE MERIDIAN/MAIN SPLIT CORRIDOR PHASE 1 PROJECT BE PLACED ON THE CITY COUNCIL CONSENT AGENDA ON SEPTEMBER 15, 2009 FOR APPROVAL. I. RECOMMENDED ACTION A. Request the City Council move to: 1. Approve Change Order No. 2 not to exceed $25,890.24 for added improvements, variance in quantities and ACRD shared cost fees on the Meridian/Main Split Corridor Phase 1 Project; and Z. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Warren Stewart, PW Engineering Manager 489-0350 Clint Dolsby, Asst. City Engineer 489-0341 John Boyd, Engineering Technician II 489-0347 III. DESCRIPTION A. Background Variances to project quantities have been paid in previous invoices and have now resulted in funding not being adequate to finalize the project payments to ACRD. IV. IlVIPACT A. This project has been the City Council's priority and I am pleased to say that it has come in under the anticipated budget of $200,000 by about 25%, but changes in several quantities have necessitated the need for a change order to enable final payments to be made to ACRD. B. Funding remains and balance sheets are included for review. VII. LIST OF ATTACHMENTS A. Attachment A -Completed P.O. Requisition Form B. Attachment B -Split Corridor Reconciliation Sheet C. Attachment C - Project Variance Itemizations and Totals D. Attachment D -Sewer Urban Renewal Funding Balance E. Attachment E -Water Urban Renewal Funding Balance Approved for Council Agenda: Tom Barry, Director of Public Works Date Split Corridor CO #2 2 City Council Request W'' ~ . ~ N o ~ Z Z ~ ° ~, N z o ~, ~ ~, m ~ O w ~ CC]] • ~ m O ~ • w m ~ 2 Q ~ ~ W Q~ ~ T w o Z ~ LL ~ ~ 2 W W ~ D O IG F a_ 2 Z Q m W E z ~ ~ W 0 = C o ~ G C D ~ ~ N F- W o W J ~ o~ ~ ~ a U .` _ U N o { ~ .-~ p..~ ,._ L ~ 00 r' _ ~ ~ H ~ ~ ~ ~ ~ m o ~ c ~ ~ ~ ~ N -p r t`o c w QchC9~ 0 w N ~ ~S ~> Q Z U W O a ' m m . ~ m o o N O g 00 c i a o ~A • ~ ~ ~ W ~ ~ (V (V ~ ~ ~ N m W ~ O - a ~ ~ ~ ~ ~ o 0 ~ ~ ~ Q ~ ~ • t'7 M ~ ~ W R' Z J J y J U Z p U W r r ~ O ~ a a z mN 00 r D = Q a • ~ w w ~a N ~ .. 3 ~ 4~ W° n ~ o0 Qw _ ~ ~ _ ~° ~ aQr a Z J D ~ ~ Q ~ ~ ~ Z ~ ~ ~ ~ O O Q o ~ ~ U U a m N W Z ~ N F- ~= & o o z SPLIT CORRIDOR PROJECT ORIGINAL PROJECT FUNDING Base Project Contract per Schedule 2A $ 110,401.40 Original Calculated ACHD Shared Costs based on Schedule 2A $ 5 520.08 Initial Project Authorized Funding $ 115,921.48 COM Change Order #1 $ 8 332.00 Approved Funding $ 124,253.48 PROJECT RECONCILIATION Approved Funding $ 124,253.48 Adjustment due to Schedule Change $ (100.00) Additional ACHD Shared Cost @ 4.51 % of Pro-Rated Actual Costs $ 7,012.90 Increase/(Decrease) in Quantities due to Actual Measurements $ 18,977.34 Revised Project Total Cost $ 150 143.72 Approved Funding to Date $ 124,253.48 Additional Funding Requested $ 25 890.24 0 Z V L C .~ m <O <O O V d ~O a` N _d 7 m L U N n r F N = L m a m ~ O 'C ~ O ° U ~ °' = U # . 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I E m I O ~ I E H o 'D T V d +~ S-I 0 R N a C H m b U G H N C O .~ +~ U m m sa H N J! N O S~ ~ O O 1 N r E ~ C ~ m 1 •~ ~ 'O ~ t~P >ti o 0 ~ P4 H 4-I ~ LL m K O ~ W O +~ N i 'O \ U ~ .~ m ~. 0 H x o I Sa W N N N a +~ G m a x w m N C N 7 N a vI 0 +~ s~ 01 m +~ m 4--I CP aN am oN alo p ~ O O O O •~I r r r r l +~ C C -~ O m W W ~ ~ ~ ~ v E N 0.' a N N s b W rn r r r r C ~ ~ ~ ~ .~ o G m ao ao a •a ~ ~ ~ ~ m r r r r N l0 l0 l0 l0 oC a C d' d' H .-i H H J! N 0' ro CO :a ~ m m m m m m <r e~ c c ~ ~ ~ ?+ +~ ,-~ ri ri ,- U v~ c <r <r +~ FC N N N N G N M M M M ly O O O O ~ ~ ~ ~ U t U1 O o 0 0 }J }J O O O O -rl C 3 0 0 0 0 ~ 0 0 0 0 ~ ~ 0 0 0 0 ~ ~ N N N N m U O7 -n O N a c 0 ~ ~~ m ~ 3 ~ m ~ c u v +~ fL' N G G O m U S-I N O O1 N H m A $ u 2 E H i w o I rz rn ~ ~ O <r I E H (+1 ~ I H ~~ i Q m 2 rn ~ i w a m at rz i w w w ~ m I I o H F ,~ q CITY OF MERIDIAN Change order No.: 1 33 EAST BROADWAY AVENUE Protect Number: 06698 MERIDIAN, ID 83642 Date: 9/22/Z009 EtfecUve Date: 9/23/2009 CONTRACT CHANGE ORDER CONTRACTOR: ADA COUNTY HIGHWAY DISTRICT PROJECT: ACHD -MAIN STREET -SPLIT CORRIDOR -PHASE 1 The Corrtractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: This Clty of Meridian Change Order No. 2 cons[sts of tncreases/decreases to project quant~les and ACHD fees as specified in the ACRD Agreement for the project as outQned below: 1) IncreasesJDecreases to project quan6"tles $18,977.34 2) ACHD AdminbtraUon Fees 512.532.97 Total Changes to Contract $31,510.31 3) Remaln(ng Project Funding from current approved ContracUPO's - X5.620.07 4) Total Requested Funding (Amount of Change Order) 525,890.24 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $115,921.48 Origimal Contras Con~etion Date: IV/A Original Contract Completion WA Net changes farm previous C.O.'s.: Net Days change form previous C.O.'s: No. 1 to 1 No. 0 to 0 $8 332.00 N/A Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: N/A $124,253.48 Net Increase (decrease) of fhb C.O.: Net Days Increase (decr~se} of fhb C.O.: N/A $25,890.24 Contract Price wfth all Approved C.O: s: Contract Completion Date with all Approved C.O :s: N/A $150143.72 RECOMMEN D: (PROJECT Gt]t) f ~~~~ ~ APPROVED: (CITY PURCHASING / tt B K ith W / By: John yd Date: } f 3 /ZOO 3 a s y: e Date: ~ ~ Z ~,.^.' ~ ARERi~j ,. . APPROVED: (CITY) ATTEST: ;~~ O AT . -', /} .~_ ` E C~lQ~~4t li-o4.~^~~' By ~G.~-n ` r~l l p C By: Cily Clerk, J ee Bolrrta pp TT ~° _ n oµKU Dace: 5, a~ _ oq Date: ~ - as - I ,, CITY COUNCIL APPROVAL DATE: September2~ ZO»9 %- '9O ~T 1c~~(. ~ .t•~ ~~~~ •~ ~~- ,'~~~~~rirOrrrU rNTY~~~~~````` MERIDIAN CITY COUNCIL MEETING September 22, 2009 APPLICANT ITEM NO. SH REQUEST Revised Agreement with ACHD for Ten Mile Rd., Franklin Rd. to Cherry Ln. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Merldlan. ~~i~E IDIAN~- Public ~ D A H O Works Department TO: FROM: DATE: SUBJECT: I. Mayor Tammy de Weerd Members of the City Council Tim Curns, Transportation and Utility Coordinator August 28, 2009 Mayor Tammy de Weerd cif eeanei~ Memii~~ Keith Bird Brad Hoaglun Charles Rountree Da~ld Zaremba REVISED AGREEMENT WITH ACHD FOR TEN MILE ROAD, FRANKLIN ROAD TO CHERRY LANE RECOMMENDED ACTION A. Move to: 1. Approve the revised agreement for Ten Mile Road, Franklin Road to Cherry Lane with Ada County Highway District; and 2. Authorize the Mayor to sign the revised agreement II. III. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Warren Stewart, PW Engineering Manager Tim Curns, Transportation and Utility Coordinator John Boyd, Project Manager DESCRIPTION Background 489-0372 489-0350 489-0342 489-0364 A previous agreement for the Ten Mile Road, Franklin Road to Cherry Lane project was approved by City Council on 8-22-06. This revised agreement has additional language noting the installation of a reclaimed water pipeline. This pipeline will be an important link in the system that will provide reclaimed water to the Ten Mile Road interchange. The project will be bid soon and construction is scheduled to begin in 2010. Page 1 of 3 IV. IMPACT A. Strategic Impact: This agreement allows for project cost savings and a reduction in the overall duration of construction in the roadway. These benefits further the goals of the Public Works Department to conduct projects in a fiscally responsible manner and minimize impacts to the traveling pubic. B. Service/Delivery Impact: No Direct Impacts C. Fiscal Impact: A reduction in overall project construction cost will be realized due to ACRD sharing costs such as administrative, traffic control, and mobilization. The City also does not pay certain costs associated with separately constructing the project, such as permanent pavement restoration and Storm Water Pollution Prevent Plan administration. V. ALTERNATIVES Council may choose not to approve the amended agreement; however this is not advisable as it may cause the project to be bid separately at a higher cost and could potentially delay or complicate construction. This would also require Council to nullify the previous agreement, which still stands as approved. VI. TIME CONSTRAINTS Council's approval will allow the City's work to be bid out and executed with ACHD's project. The timeline for inclusion of the work is tight and the project is expected to be bid out within the next few months. VII. LIST OF ATTACHMENTS A. Original Agreement, approved 8-22-06 B. Revised Agreement Page 2 of 3 Approved for Council Agenda: Tom Barry, Director of Public Works Date Page 3 of 3 AGREEMENT FOR: ROADWAY CONSTRUCTION /SEWER & WATER LINE IMPROVEMENTS TEN MILE ROAD, FRANKLIN ROAD TO CHERRY LANE ACRD PROJECT N0.504003 TH1S AGREEMENT made and entered into this ~ day of 2009, by and between the ADA COUNTY HIGHWAY DISTRICT b and tJ~ y rough its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing Ten Mile Road from Franklin Road to Cherry Lane, including wa#er and sanitary sewer installations as detailed in Project Number 504003, hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installation of potable and reclaimed water lines and the sanitary sewer pipeline as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the water lines and the sanitary sewer pipelines within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing pr®mises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and sanitary sewer and water line installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the sanitary sewer and water line installation work referenced herein; Page 1 of 5 c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f. Provide for the reference and replacement of all pre-exiting survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from t foot above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (5(}0} lineal teet per foot of trench depth; provide all re-testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to 1VIERIOlAN staking sanitary sewer, water lines, manhole locations, and service lines. 2. MERIDIAN SHALL: a. 13e the parry responsible to provide the inspection, field survey and grade control required for the installation of all sanitary sewer and water facilities installed under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans. special provisions, and unif bid quantities for the sanitary sewer and water facilities to be included in the bid documen#s for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the mast curr®nt edition of the Idaho Standards for Public Works Construction (ISPWC} and the City of Meridian Supplemental Specifications to the ISPWC); c. Remit to DISTRICT, within thirty five (35}calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved fnal GONTRACT payment estimate; Page 2 of S d. Remit to DISTRICT within thirty-five (3b) calendar days after the Mate of invoice therefore, ali funds for which MERIDIAN is resporisibte pursuaht to this Agreement; e. Reimburse the DISTRICT, up tv a maximum of five (5j percent of MERIDIAN'S construction .costs for all additional casts incurred by the DISTRICT, including overhead snd benefits, project administration, compaction testing, and soils work required solely for the installat~ns, adjustments, relocations, and abandonments of the water and sanitary sewer facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percer~t~age~ of the MERIDIAN 'S project costs as they relate to the total projec#:constrc~ction costs; Be li~k~l~e for the cost of repairing any trench failures. attributable to failure of sanitary sewer a.nd water lines within the boundaries identifCed in the Contract, and be liable. #or and indemnify the District for any and all costs. and damages resulting from any such trench failure; and g. Reimburse Dis#rict for any additional costs to District attributable to tfite installations, adjustments, relocations, and abar~danm-ents- of the water and sanitary sewer facilities, .excluding adjustments of exiisting rhanhole rims to grade, or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water~pipelines. 3. THE PARTIES WERETg FURTHER AGREE THAT: a. The CO~PITRACT amount for the sanitary sewer and water portion of the project to be relrnbursed to DISTRICT by MERIDIAN shah be .based an. the actual quantities. of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, andlor lump sum prices established in the Contract; b. M~ER~fDIi41V'~ approval will be required for any change order work invaiving-the instatlations, adjustments, relocations, and abandonments of the water and sanitary sewer.facilities; c. Prior~to commencement of work by the Contractor, tltie parti,as will, together with the Contractor, inspect the entire project for the purpose cif reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument replaces the previous agreemen# `for this project dated September 8, 20fl6 and contains the entire agreement between the parties with respect to the subject matter hereof; Page 3 of :5 e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legs( action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT BY~ ~ ~~ ` 1ti~ BY' Susan Slaughter William J. Sc eitzer Executive Assistant Director ,~ ,r ATTEST: ,,~ ~~ ;' CITY OF MER iAN ,~ BY~ !~``• - : Jay a Hof n ,,.~`~, ~ Timmy de e d City Clerk ~ ~TFO .. Mayor - SLAL ~~ 1 :~ '~O y,'T 1ST ~'~ ~~ h~~: /~~~1/Irr!n r.,p~L1s\~~~~ Page 4 of 5 STATE OF IDAHO } ss. COUNTY OF ADA ) On this 22."x` day of ~~..,Y..~r--~ , 2009, before mq, a notary public in and for said state, personally a eared WILLIAM J. SCHWEITZER known to me to be the DIRECTOR of the ADA COUNTY HIGHWAY DISTRICT and the person who subscribed said name tv the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. j i ~p'~ AMY ~ * ; Notary Public for I ho , ~• o t ~ Residing at ,Idaho s,* % pvs~~ ~,~~~ My commission expires: y_ g-t 5 STATE OF IDAHO) ''~..~~'A ~8`0'~~; ••' ss. COUNTY OF ADA On this day of ~ 2009, before me, the undersigned, personally appeared TAMMY EWEERD and JAYCEE HOLMAN, Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~,oT~Rr ,. ~.~ pVeL~G Notary Publi f r Id - ~~- p ~ Residing at ,Idaho ~ My commission expires: Page 5 of 5 AGREEMENT FOR: ROADWAY CONSTRUCTION /SEWER & WATER LINE IMPROVEMENTS TEN MILE ROAD, FRANKLIN ROAD TO CHERRY LANE ACHD PROJECT N0.504003 THIS AGREEMENT made and entered into this day of S~~'~r~~ 2006, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter. called DISTRICT, . as first party, and. the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing Ten Mile Road from Franklin Road to Cherry Lane, including water and sanitary sewer. installations as detailed in Project Number 504003, hereinafter referred to as the CONTRACT. . WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installation of the water line and the,sanitary sewer pipeline as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the water lines and the sanitary sewer. pipelines within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained; the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and sanitary sewer and water line installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the sanitary sewer and water line installation work referenced herein; Page 1 of 5 c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f. Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1-foot above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re-testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, water lines, manhole locations, and service lines. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the installation of all sanitary. sewer and water facilities installed under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the sanitary sewer and water facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be perFormed in conformance with the 2005 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; Page 2 of 5 d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible. pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of $8,000.00 for all costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the construction of the sanitary sewer and water facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN `S project costs as they relate to the total project construction costs; f. Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs to District attributable to the installation of sanitary sewer and water lines or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from Meld measurements, and paid for pursuant to the unit, andlor lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the .sanitary sewer or water fine installations; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; Page 3 of 5 f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By' C c.~u~o a-- ~ c~,~h ~ By' Susan Slaughter ~ .William J. c ei er Senior Administrative Assistant ~~,,,,,,,,, .<<,. Director az`' ~ ` ATTEST: ,~~`',~°~ ~` ~ _ k ~ 'f ~~'S'~9~F MERIDIAN s ~ ~- r ~ _ ~ u ~~~~ ~_ ~~~ BY•~ci~ l William G. Berg, Jr. ~ .~ "' ~ ~ T"am~y`~2~e Weerd ~ City Clerk ~~%, ~~ ~ , ~~llayor ~~ f 0 STATE OF IDAHO ) Page4of5 ss. COUNTY OF ADA ) On this ~~` day of , 2006, before me, a notary public in and for said state, personally a peared WILLIAM J. SCHWEITZER known to me to be the DIRECTOR of the ADA COUNTY HIGHWAY DISTRICT and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS. WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. '°~9p y~~ ~ a'A Ur!r~ ~ • • ~~: ~pT Ag `~ p° ~ ~~~ ~* ~c ~ P LT B LAG STATE OF IDAHO COUNTY OF ADA ss. Notary Public for I aho Residing at ~ ,Idaho My commission expires: y_~ --Z 6~t>y On this ~ ~~ day of ~e~~'~~ 2006, before me, the undersigned, personally appeared TAMMY DEWEERD and WILLIAM G. BERG, JR., Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. s ; • i ~ .~~. !~ y-®T ~ (~ Notary Public for Idaho Residing at J~Z~.1,~c, ,Idaho My commission expires: ~~-lam Page 5 of 5 AGREEMENTFOR: ROADWAY CONSTRUCTION /SEWER & WATER LINE IMPROVEMENTS TEN MILE ROAD, FRANKLIN ROAD TO CHERRY LANE ACHD PROJECT N0.504003 THIS AGREEMENT made and entered into this day of , 2009, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing Ten Mile Road from Franklin Road to Cherry Lane, including water and sanitary sewer installations as detailed in Project Number 504003, hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installation of potable and reclaimed water lines and the sanitary sewer pipeline as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the water lines and the sanitary sewer pipelines within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and sanitary sewer and water line installation work referenced herein; Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the sanitary sewer and water line installation work referenced herein; Page 1 of 6 c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f. Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1-foot above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re-testing required in any area that does not meet CONTRACT requirements; h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, water lines, manhole locations, and service lines. 2. MERIDIAN SHALL: Be the party responsible to provide the inspection, field survey and grade control required for the installation of all sanitary sewer and water facilities installed under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the sanitary sewer and water facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the frost current edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian a~~~~c _~~~~~_t~l St?cc~F~ ~?~L=~~_to_ih~ ISPV~~C); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; - Deleted: 2005 Deleted: E ~~~Deleted: 2008 Edition of Deleted: Standard Specifications and Drawings ~ Page 2 of 6 d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; Reimburse the DISTRICT, up to a maximum of five (5) percent of MERIDIAN'S construction costs for all additional costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN`S project costs as they relate to the total project construction costs; Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs to District attributable to the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument replaces the previous agreement for this project dated September 8. 2006 and contains the entire agreement between the parties with respect to the subject matter hereof; Page 3 of 6 e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: By: Susan Slaughter William J. Schweitzer Executive Assistant Director ATTEST: CITY OF MERIDIAN By: By: Jaycee Holman Tammy de Weerd City Clerk Mayor Page 4 of 6 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this day of , 2009, before me, a notary public in and for said state, personally appeared WILLIAM J. SCHWEITZER known to me to be the DIRECTOR of the ADA COUNTY HIGHWAY DISTRICT and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at ,Idaho My commission expires: STATE OF IDAHO ) ss. COUNTY OF ADA ) On this day of 2009, before me, the undersigned, personally appeared TAMMY DEWEERD and JAYCEE HOLMAN, Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at ,Idaho My commission expires: Page 5 of 6 Page 6 of 6 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Engagement Agreement with Mercer AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: 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. C. S~1NED September 22, 2009 ITEM NO. SI Lois MoRis Cflnsullalnt MERCER M/1RSH MERCER !(ROLL /itlllX GUY CARPENTER OLIYER WYMAN August 4, 2009 William Nary City Attorney & HR Director 33 East Broadway Ave Meridian ID 83642 Dear Bill, Subject: Engagement Letter Agreement 225 North !~h Street, Suite 410 l3oiae. Ip 83702 208 338 8457 Fax 208 338 6475 Lois.J.Morris~mercer.cxnn www.mercer.oorn We are delighted to have the opportunity to continue to work with City of Meridian ("you° or "Client"). The purpose of this letter of engagement {"Agreement") is to set forth the terms governing the services provided to you ("Services") by Mercer's operating companies, Mercer {US) Inc., Mercer Investment Consuking, Inc. and/or Mercer Health & Benefits LLC (in each case, solely with respect to the services it provides to you, ("Mercer" or "we)). Statement of Work Each statement of work {"SOW"} attached hereto must specify at a minimum: {1) our respective responsibilities with respell to the Services; {2) the infomlation and data we +++-ill need in order to perform the Services; (3} any time constraints on the performance of the Services; and (4}the compensation we will receive for perForming the Services. To the extent a SOW has been delivered to and accepted by you prior to the execution of this Agreement, such SOW shall be subject to the terms of this Agreement. For purposes of this Agreement, the term "Agreement" shall include any SOWs. Terms and Conditions Governing Engage-m®nt Our performance of the Services (whether provided pursuant to a written SOW or notj are subject to the follotNing terms: 1. Payment Terms: A. We will perform the Services in consideration of your payment of our compensation. Our compensation for the Services, such as professional fees, c~rrtmissions or other amounts payable to us ("Compensation"} will be set forth in the applicable SOW or as otherwise agreed. In addition to our Compensation, we will also bill monthly for our reasonable expenses. You will be responsible for any sales, value added taxes Consulting. Outsourcing. Investment,. Services Proaidad bq Meraer Health & Bana6m LLC MERCER ` MARSH MERCER KROLL GUYGARPEN7ER OLIVERWYMAM Page 2 . August 4, 20Q9 or similar taxes related to the performance or receipt of the Services, including those taxes assessed by authorities subsequent to payment for the Services. B. Invoices are due and payable within thirty (30}days of the date of the invoice. If any invoice is not timely paid, we may exerase our right to claim interest fw late payment as permitted by applicable law. If any invoice remains unpaid for longer than ninety (9t?} days from the date of the invoice, we may either suspend the provision of the Services until payment is received, or terminate this Agreement and/or any SOW with immediate effect. C. If we became involved (whether or not as a party} in a dispute (including audits or investigations) between you and a third party (including a governmental entity), or ~' we are asked to preserve records relating to the Services or this Agreement, including where Mercer is requested to preserve documents, electronically stored information, back-up tapes or other media beyond its standard recycling or retention protocol, beyond the scope of Services described in the applicable SOW, these additional services will be documented in a SOW. If no SOW or other agreement is reached on these additional services, you agree to pay us at our then current standard rates for all our time spent, and will reimbun~e us for all reasonable expenses incurred by us, in connection with such dispute or such documentation preservation request. We will reimburse such payments in the event and to the extent such dispute is finally determined by a court to have resulted primarily from our negligence, conduct in bad faith or fraud. 2. Instructions; Provision of Information and Assistance: You will provide all necessary and reasonably requested information, direction and caopera#ion to enable us to provide the Services, and any direction (whether verbal or written) shall be effective if contained expressly in the applicable SOW or if received (whether verbally or in writing) from a person known to us or reasonably believed by us to be authorized to ad on your behalf. You agree that we shall use all information and data supplied by you or on your behalf without independently verifying the accuracy, completeness or timeliness of it. We will not be responsible for any delays or liability arising from missing, delayed, incomplete, inaccurate or outdated information and data, or if you do not provide adequate access to your employees, agents or other representatives necessary for us to pertorm the Services. We will be entitled to charge you in respect of any additional work carried out as a result. 3. Confidential Information; Data: A. Each of us is likely to disclose information (°Disclosing Party°) to the other ("Receiving Party") from time to #ime in the purse of the provision of the Services, which is marked or designated as co~dential or proprietary at or prior to disclosure or which would appear to a reasonably prudent person to be confidential and/or MERCER MARSH MERCER KROLL GUY CARPENTER OLIVER WYMAN Page 3 August 4, 2D09 proprietary in nature (°Confidential Information°). The Receiving Party will not disclose such Confidential Information to any person other than in connection with the provision of the Services or as otherwise provided for in this Agreement. This restriction does not apply to information that (i) the Receiving Party must disclose by law or legal process. (ii) is either already in the public domain or enters the public domain through no fault of the Receiving Party, (iii) is available to the Receiving Party from a third party who, to the Receiving Party's knowledge, is not under any non-disclosure obiigation to the Disclosing Party, or (iv} is independently developed by or for the Receiving Party without reference to any Confidential Information of the Disclosing Party. B. Notwithstanding Section 3(A}, you agree that we wiH be. entitled to disclose information, including Confidential Information, relating to the Services or you to regulators having jurisdiction over our business. You also agree that, notwithstanding any other provision in this Agreement, we may include the identities of those persons who are identified by you as contact persons for you and information about the terms of this Agreement, the Services and the Compensation in our internal client management, financial and conflict checking databases. C. You hereby grant us a perpetual, non-exclusive, royalty-free license to copy, modify and use any information and data supplied by you or on your behalf so that we may create analytical trend data (in anonymous form) and in order to improve the quality of our advice to our clients. We will not disclose any information in a manner that allows particular clients or individuals to be identified. Notwithstanding the foregoing, you agree that your name may appear in a list of participating organizations far reports containing such analytical trend data. D. Our respective obligations under Section 3(A) shall survive for a period of five (5) years from the date of termination of this Agreement or for such longer period as is required by law, except that any trade secrets disclosed to the Receiving Party shall be maintained in confidence in perpetuity or until such time as they are no longer reasonably considered to be trade secrets by the Disclosing Party. E. Notwithstanding anything to the contrary in this Agreement, but subject to the terms and conditions of Section 3, we may {i) retain copies of Confidential Information that is required to be retained by law or regulation, (ii) retain copies of our work product that contain Confidential Information for archival purposes or to defend our work product and {iii) in accordance with legal, disaster recovery and records retention requirements, store such copies and derivative works in an archive! format (e.g. tape backups}, which may not be returned or destroyed. We may retain your information in paper or imaged format and we may destroy paper copies if we retain digital images thereof. ~VIERCER MARSH MERGER KROLL GUY CARPENTER OUVER WYMAN Page 4 August 4, 2009 4. Persanallnformation: Each of us and our respective Affiliates (as defined below) will comply with our respective obligations arising from data protection and privacy laws in effect from time to time to the extent applicable to this Agreement and the Services. This includes, without limitation, (i) the obligation, if any, of you or your Affiliates, to obtain any required consent(s) in respect of the transfer of information to us by you or any third party relating to an identified or identifiable individual that is subject to applicable data protection, privacy or other similar laws ("Personal Information"), (ii}any obligation with respect to the creation or collection of additional Personal Information by us, and (iii) any obligation with respect to the use, disclosure and transfer by us of Personal Information as necessary to perform the Services or as expressly permitted under this Agreement. Subject to Section 3(C), any use or processing by us of Personal Information supplied by or on your behalf in connection with the Services shall be done solely on your behalf. We shall handle such Personal Information in accordance with your reasonable instructions as may be provided from time to time in the applicable SOW or as reasonably necessary for the purpose of providing the Services and shall not handle such Personal Information in a manner inconsistent with the terms of this Agreement. We also confirm that we have taken appropriate technical and organizational measures intended to prevent the unauthorized or unlawful processing of Personal Information and the accidental loss or destruction of, or damage to, Personal Information. For purposes of this Agreement, °Affiliates" means, with respect to either party, any entity directly or indirectly controlling, controlled by ar under common control with such party. 5. Ownership and Use of Work; Intellectual Prop®rty: A. All materials prepared by us specifically and exclusively for you pursuant to this Agreement (the "Work"} shall be owned exclusively by you. Notwithstanding anything to the contrary set forth in this Agreement, we will retain all copyright, patent and other intellectual property rights in the methodologies, methods of analysis, ideas, concepts, know-how, models, tools, techniques, skills, knowledge and experience owned or possessed by us before the commencement of, or developed or acquired by us during or after, the performance of the Services, including without limitation, all systems, software, specifications, documentation and other materials created, owned or licensed and used by us or our Affiliates or subcontractors in the course of providing the Services (the °Intellectual Property"), and we shall not be restricted in any way with respect thereto. To the extent any Work incorporates any Intellectual Property; we hereby grant you anon-exclusive, non-transferable right to use such In#ellectual Property solely for purposes of utilizing the Work internally in accordance with the terms of this Agreement. B. Unless we provide our prior written consent, you will not use, in a manner other than as mutually contemplated when we were first retained by you to perform the MERCER ,.~~ MAR5H MERCER KROLI ""'~` GUY CARVENTER OLIVER WYMAN Page 5 August 4, 2009 applicable Services, or disclose to any third party, other than your attorneys, accountants or financial advisors with a need to know, any Work or intellectual Property or other material supplied by us under this Agreement, and you shall be responsible for, and we shall have no liability with respect to, modifications made by any person other than us to the Work, Intellectual Property or other work product provided to you by us. You will indemnify, defend and hold us and our Affiliates harmless in respect of any Loss {as defined in Section 7} incurred by us as a result of your br®ach of this obligation or any modifications made by any person other than us to the Work, Intellectual Property or other work product provided to you by us. 6. Dispute Resolution: A. Before commencing any action or proceeding with respect to any dispute between us arising out of or relating to this Agreement, the parties shall first attempt #o settle the dispute through consultation and negotiation in good faith and in a spirit of mutual cooperation. If the dispute is not resolved within five {5) business days, e'~ther of us may elect to escalate the resolution of such dispute by submitting the dispute in writing to senior executives from each of us who will promptly meet and confer in an effort to resolve the dispute. Each party will identify such senior executive by notice to the other party, and each party may change its senior executive at any time thereafter by notice. Any mutually agreed decisions of the senior executives will be final and binding on both parties. In the event the senior executives are unable to resolve any dispute within thirty (30}days after submission to them, either party may then refer such dispute to mediation by a mutually acceptable mediator to be chosen by both parties within forty-five (45) days after written notice by either party demanding mediation. Neither party may unreasonably withhold, delay or condition consent to the selection of a mediator. All communications and discussions in furtherance of this paragraph shall be treated as confidential settlement negotiations that are not subject to disclosure to any third party. The costs of the mediator shall be shared equally, but each party shall pay its own attorney's fees. B. Any dispute that is not resolved within six (6) months of the date of the initial demand for mediation by one of the parties may then be submitted to a court of competent jurisdiction. Nothing in this Section $ will prevent either of us from resorting to judicial proceedings at any time if interim relief from a court is necessary to prevent serious and irreparable injury or damage to that party or to others. C. EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW, ANY CLAIM, ACTION OR PROCEEDING AGAINST A PARTY OR ANY OF ITS AFFILIATES WILL BE BARRED UNLESS THE OTHER PARTY INITIATES THE DISPUTE RESOLUTION PROCEDURES SET FORTH IN THIS SECTION 6 WITHIN ONE YEAR OF FIRST DISCOVERING THE ACT, ERROR OR OMISSION THAT IS THE BASIS FOR SUCH CLAIM. . MERCER MARSH MERCER KROLL GUYCARPEN7ER OLIVER WYMAN Page 6 August 4, 2009 7. Limitation of Liability: A. The aggregate liability of Mercer our Affiliates and any officer, director or employee of ours and our Affiliates ("Mercer Parties°} to you, your Affiliates, your officers, directors or employees or those of your Affiliates and any third party (including any benefit plan, its fiduciaries or any plan sponsor) for any and all Losses arising out of or relating to the provision of Services by any of the Mercer Parties shall not exceed the greater of vne times the Compensation for the Services giving rise to such Loss and $100,000. Mercer shall have no liability for the acts or omissions of any third party (other than our subcontractors). B. In no event shall either party or its Affiliates be liable in connection with this Agreement or the Sen-ices for any loss of profit or incidental, consequential, special, indirect, punitive or similar damages. The provisions of this Sec~on 7 shall apply to the fullest extent pem~itted bylaw. Nothing in this Section 7 limiting the liability of a party shall apply to any liability that has been finally determined by a court to have been caused by the fraud of such party. C. For purposes of this Agreement "Loss" means damages, claims, liabilities, losses, awards, judgments, penalties, interest, costs and expenses, including reasonable attorneys' fees, whether arising in tort, contract or otherwise. For the avoidance of doubt, multiple claims arising out of or based upon the same act, error or omission, or series of continuous, interrelated or repeated acts, errors or omissions shall be considered a single Loss. D. Each of the parties acknowledges that the Compensation for the Services to be provided under this Agreement and the applicable SOW reflects the allocation of risk set forth in this Section 7. l3. Unforeseen Events: Neither party shall be liable for delays or failures in performance of obligations under this Agreement, other than failure to make payments hereunder when due, resulting from even#s beyond its reasonable control, including without limitation "acts of God," fire, flood, riots, new laws which prevent the carrying out of the Services, the results of terrorist activity, failures of third party suppliers, and electronic and other power failures. 9. Duration and Terminativn of this Agreement: This Agreement will continue until terminated as provided in this Section, except as provided otherwise in a SOW. This Agreement and any SOW may be terminated (i) by either party upon ninety (90} days' prior written notice to the other party, (ii) by either party upon material breach by the other party, which breach is not cured within thirty (30} days after receipt of written notice thereof, or {iii) immediately by us for non-payment of invoices by you as provided under Section 1. After the termination of this Agreement, MERCER j MARSH MERCER KROII M~ GUY CARPENTER OI.IVER WYMAN Page 7 August 4, 2009 Sections 3, 4, 5, 6, 7, 9 and 10 will survive in full farce and effect. Any termination of this Agreement shall not relieve you or your Affiliates of their obligations to pay for Services rendered and expenses incurred by us or our Affiliates up to and including the effective date of such termination, and such termination may require you to pay termination fees to the extent provided in a SOW. Notwithstanding the foregoing, to the extent that the parties agree that Mercer shall continue to provide Services after the effective date of termination of this Agreement or any SOW, the terms and conditions of this Agreement and the applicable SOW shall survive until such Servioes are completed or the parties agree that the Services shall no longer be provided. 10. Additional Terms: A.. Terms Incorporated by Reference -The terms set forth in a SOW shall be deemed incorporated by reference into this Agreement for purposes of that SOW. B. Notices -Any notice that is to be given by one party to the other under this Agreement will be given in writing and delivered to, 225 N. 9"' Street. Suite 410, Boise, I D 83702, with a Dopy to the Legal Department, Mercer, 1166 Avenue of the Americas, New York, New York 10036 if to (Mercer or 33 E. Broadway Ave, Meridian, ID 83642 if to Client, or any other address specified by notice subsequently by one party to the other. A notice will be effective upon receipt. C. No Third Party Beneficiaries -Neither this Agreement nor the provision of the Services is intended to confer any right or benefit on any third party, other than the Affiliates of each party that execute a SOW, and, in such event, solely as set forth in such SOW and this Agreement. D. No Publicity -You agree not to refer to us or attribute any information to us in the press, for advertising or promotional purposes, ar for the purpose of informing or influencing any other party, including the investment community, without our prior written consent. We agree not to refer to you in the press or for promotional purposes withaut your prior written consent, provided that we may include your name in our representative client listing and as provided in Section 3(C). E. Waiver -The failure by either party to insist upon strict performance of any provision of this Agreement shall in noway constitute a waiver of rights under this Agreement, at law or in equity. F. WAIVER OF JURY TRWL -EACH PARTY, ON BEHALF OF ITSELF AND ITS AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY SERVICES PROVIDED BY MERCER OR ITS AFFILIATES. THE WAIVER APPLIES TO ANY ACTION OR LEGAL PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. EACH PARTY AGREES NOT TO INCLUDE ANY EMPLOYEE, OFFICER, MERCER --~ MARSH MERCER KROLL' GUY CARPENTER OLIVER WYMAN Page S August 4, 2009 DIRECTOR OR TRUSTEE OF THE OTHER AS A PARTY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM RELATING TO SUCH DISPUTE. G. Warranties of Mercer -Except as expressly set forth in this Agreement, we expressly disclaim any warranty, express or implied, including but not limited to any implied warranty of merchantability and fitness for a particular purpose. H. Entire Agreement, Amendments Assfgnmeni~ Subcontracting -This Agreement (including any SOW and any schedules or exhibits attached hereunder) merges and supersedes all prior or contemporaneous understandings, agreements, negotiations and discussions, whether oral or written, between the parties concerning the Services and constitutes the entire agreement between the parties with regard to the Services, The parties have not relied upon any promises, representations, warranties, agreements, covenants or undertakings, other than those expressly set forth in this Agreement. Except with respect to a change in address for notices, this Agreement shall not be amended except by a written document executed by both of us. In the event of any inconsistency between the terms of a SOW and those in the Agreement, the provisions contained fn this Agreement shall prevail unless the SOW specifically amends a term contained herein. Neither of us may assign this Agreement without the prior written consent of the other, except that we may assign this Agreement to an Affiliate with reasonable prior written notice to you. We may subcontract with any of our Affiliates upon reasonable prior written notice to you, and we may subcontract with third parties with your prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. I. GovernJng Law and JurlsdJctlon -Unless otherwise provided in a SOW, this Agreement and all SOWs issued hereunder will be governed by, and interpreted in accordance with, the law of the State of New York and will be subject to the exclusive jurisdiction of the courts located in the State of New York. J. SeverabJtJty- It is the intent of the parties that the provisions of this Agreement shall be enforced to the fullest extent permitted by applicable law. To the extent that the terms set forth in this Agreement or any word, phrase, clause or sentence is found to be illegal or unenforceable for any reason, such word, phrase, clause or sentence shall be modified deleted or interpreted in such a manner so as to afford the party for whose benefit it was intended the fullest benefit commensurate with making this Agreement as modified, enforceable and the balance of this Agreement shall not be affected thereby, the balance being construed as severable and independent. K. Advice on Legal Matters - We are not engaged in the practice of law and the Services provided hereunder, which may include commenting on legal issues or drafting documents, do not constitute and are not a substitute for legal advice. Accordingly, we recommend that you secure the advice of competent legal counsel with respect to any legal matters related to the Services or otherwise. MERCER MARSH MERCER KROLL AFAIC GUY CARPENTER OLIVER WYNIAN Page 9 August 4, 2009 L. Counterparts • This Agreement may be executed and delivered {including by facsimile or a scanned PDI= version) in one or more counterparts, each of which when executed) shall be deemed an original, but all of which taken together shall constitute one .and the same agreement. If you have any questions about these temps and conditions, please do not hesitate to call me. If not, please indicate your agreement to the terms of this Agreement by signing the enclosed copy of this ~4greement and SOW, if applicable, and returning it to us. Mercer Health & Benefits LLC, in each case, solely in connection with the Services it provides pursuant to a~ SOW Mercer Health & Benefds, LLC By: Name: Shelli Stayner Date: (Please Print) Title: Office Business Leader ACCEPTED AND AGIREED City of Meridian ~y: Name• Date: (Please Print) Title: MERCER MARSH MERCER KROLL ~ GUY CARPENTER OLNER WYMAN Page 10 August 4, 20fl9 Statement of IlNollrk (~9iOW"y The objective of this Statement of Work {"SOW") is to confirm the scope of our work and the compensation for thisengagement. This SOW is subject to the terms and conditions contained in our existing engagement letter dated August 4, 2009. All capitalized terms not defined in this SOW shall have the meanings ascribed to them in our existing engagement letters. Service Details 1. Service name: 201.0 Scope of Service 2. Description of Mercer responsibilities: See attached Service Schedule 3. Description of client responsibilities: Mercer's ability to provide services as described in this letter is dependent on Mercer being provided with and continuing to receive accurate, up to date and timely documentation and information from you and any insurance carriers providing benefits. 4. Period of time over which work will be performed: January 1, 2010 -December 31, 2010 5. Compensationffee-s: $35,000 annually or $2,916.66 monthly In addition to other compensation listed, we also bill for necessary travel and other expenses related to the services requested. Additional Terms We do not act on behalf of any insurer or other service provider. are not bound to utilize any particular insurer or service provider, and do not have the authority to make binding commitments on behalf of any insurer or service provider. In addition, we do not guarantee or make any representation or warranty that coverage or service can be placed on terms 2~cceptable to you. We are not responsible for the solvency or ability to pay claims of any insurance carver or for the solvency or ability of any service provider to provide service. Insurance carriers or service providers with which your other risk or insurance coverage or other business is placed will be deemed acceptable to you, in the absence of contrary instructions from you. MERCER MAR5H MERCER KROLL GUY CARPENTER OLIyERWYMAN Page 11 August 4, 2009 1. You understand that the failure to provide, or cause to provide, complete, accurate, up- to-date, and timely documentation and information to us, an insurer, or other service provider, whether intentional or by error, could result in impairment or voiding of coverage or service. You agree to review all policies, endorsements and program agreements delivered to you by us and will advise us of anything which you believe is not in accordance with the negotiated coverage and terms within thirty (30) days following receipt. 2. You expressly acknowledge that, with respect to the provision of the Services, we are riot; nor are any of our Affiliates or subcontractors, an "administrator" within the meaning under applicable law, including the Employee Retirement Income Security Ad of 1974, as amended ("FRIBA"), nor, with respect to the provision of the Services, are we or any of our Affiliates or subcontractors a "Fduciary" within the meaning under applicable law or ERlSA, unless provided othervvise herein or required by applicable law. 3. Title V of the Gramm-Leach-Bliley Act and related state laws and regulations establish limitations on the use and distribution of non-public information collected by financial institutions from their customers and consumers. Our insurance-related work quai~es us as a financial institution under this Act. Our Privacy Policy Notice is available at www.mercer.comhtransparency. At this web address you will also find information regarding Marsh 8~ McLennan Companies, Inc. and its subsidiaries' equity interests in certain insurers and contractual arrangements with certain insurers and wholesale brokers. We appreciate your business and look fonnrard to working with you on this engagement. Please acknowledge 7rour agreement to the terms contained herein by signing bellow. MERCER ! MARSH MERGER KROLL MhIC GUY CARPENTER OL11rER WYNIAN Page 12 August 4, 2009 Mercer Health 8~ Benefits LLC By: Name: Shelli Stayner Date: (Please Print) Title: Busin+sss Office t_eader ACCEPTED AND AGREED City of Meridian gy; G c ~ r~l _ 2 Name: ~ te.n~ntt, (Please Print) Title: Date: q-2Z- O J ~.~ „ u u.u tllt~r~. ~. ~ •. ,9 ~~' ,j, ~. .- T~. -. ~llrflilllFl MERCER ~ MARSH MERCER KROLL 1 ~ GUY CARPENTER OLfYER WYFAAN Page 13 August 4, 2009 H&B SERVICE SCHEQULE Our Services consist of the following: ^ Conduct strategic planning sessions to review performance of Client's current employee benefits coverage and establish future objectives and strategies to manage Client's employee benefit coverages to which this agreement applies. ^ Meet with the Client's key designated representatives on an as needed basis, to discuss strategy and open items. ^ Develop a mutual)+f agreeable renewal action plan and timeline that meets the Client's stated objectives. ^ Keep the Client informed of significant changes and/or trends in the employee benefits marketplace. ^ Benchmark benefit; plan costs and employee contributions to industry, size and regional standards vn an as needed basis. ^ Analyze factors driving Client's plan costs if experience data is available. In connection with such analysis, we will review utilization reports to determine possible causes of identified cost increases. Assist Client in managing risks and costs of its employee benefits coverages.. ^ Establish comprehensive claims reports for identified coverages {medical, I~x, dental) detailing paid claims {and reimbursements if applicable), premiumlfunding and enrollment summaries. We will review these reports with Client on an as needed basis and will identify arnd discuss trends and potential problems. ^ provide cast projec.~ions and funding analysis (review of funding methodology with emphasis on employer costs and the tier structure of the contribution.} ^ When marketing your plans, prepare an analysis comparing current costs, plan designs, administration costs, network discounts and network accessibility. ^ With respect to the renewal process of Client's Medical, Rx, Dental, Vision and Life plans, we will conduct an annual review during the renewal process to include negotiations, on Clients' behalf, with current vendors/can'iers, as per Client's request. MERCER MARSH MERCER KROLL ~.., GUY CARPENTER OUVER WYMAN Pag® 14 August 4, 2009 ^ Upon the request of Client, we will assist Client in the preparation of a RFP for purposes of obtaining competitive quotes from the marketplace. We wiU be the primary point of contact during the bidding process. ^ Upon request of Client, evaluate and assist in the management of voluntary benefit products offered to Client's employees. ^ Assist Client in the implementation of the benefit program by dealing with vendorkarriers and performing contract and SPI) review for purposes of determining conformity to agreed upon plan provisions and costs. ^ Advise Client with respect to available technology platforms to support delivery and administration of its employee benefit plans. ^ Assist Client in the development of paper and/or web-based oommunigtion strategies. ^ Coordinate the collection of Schedule A information for Form 5500 filings. ^ Identify and negotiate on the Client's behalf with insurers and other benefit program providers and keep the Client informed of significant developments. We shall be authorized for purposes of this Agreement to represent and assist the Client in all discussions and transactions with all insurers/providers, provided that we shall not place any insurance or vendor programs on behalf of the Client unless so authorized by the Client. ^ Assist with documentation and other steps to obtain commitments for and implement insurance policies and other services selected by the Client regarding its employee benefits program upon the Client's instructions, it being understood that we will not independently verify or authenticate information not originating from us necessary to prepare proposals or underwriting submissions and other documents retied upon by insurers/providers, and the Client shall be solely responsible for the accuracy and completeness of such information and other documents furnished to us and/or insurers/providers and shall sign any application for coverage. The Client understands that the failure to provide all necessary information to an insurer, employee benefit provider or third party vendor whether intentional or by error, could result in the impairment or voiding of coverage or service. ^ Provide Client access to the national insurance marketplace and related services marketplace and use our commercially reasonable efforts to place insurance policies and other services selected by the Client regarding it's employee benefit program on behalf of the Client, if so instructed by the Client. IVI ERCER MARSii MERCER KROLL MMC GUY CARPENTER OLIVERWYMAN Page 15 August 4, 2009 • Act as a liaison between the Client and insurers/ providers for the lines of coverage and services that we have placed or obtained on behalf of Client or for which Mercer is named as the broker of record. ^ Provide the Client with detailed invoir~s, except in the case of direct billing by insurers or employee benefits providers. We may utilize the services of other intermediaries to assist in the marketing of the Client's program (including brokers in the London and other markets). when in Marsh`s professional judgment those services are necessary or appropriate with disclosure to Client. Such intermediaries may be Mercer affiliates. The compensation of such intermediaries is net included in our compensation under this Agreement and will be paid by insurers/providers out of paid premiums. • Follow up with insurance carriers/providers for timely issuance of policies and contracts. • Follow up with insurance carvers/providers with respect to the payment or return premiums. ^ Review policies and contracts for accuracy and conformity to specifications provided by Client and the related negotiated coverages. ^ Assist the Client in connection with issues relating to interpretation of insurance policies/contracts placed by us. ^ Provide information/coverage summaries for all new coverages and updates on changes to existing coverages. sc,~y~~® MERIDIAN CITY COUNCIL MEETING September 22, 2009 APPLICANT ITEM NO. 5.I REQUEST Approve Beer/Wine Owner Transfer from Quick Stuff #7775 to Jacksons # 140; location 3010 Goldstone Drive AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. NEW BEERlWINE TRANSFER OF OWNER LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST For Internal -Office Use Oniy: Applicant: Jackson's Food Stores Inc. from uick Stuff #7775 Business Name: Jacksons #140 Location: 3010 E. Goldstone Dr. Meridian ID License Type: [X] Beer [X] Wine Q Liquor -- (wine included) Application /File Fee: _Owner Transfer Beer $50.00 8~ Wine $50.00 = $100.00 Receipt No. 10831 Police Deaartment: Police Chief Approval: Fire Deaartment: Fire Chief Approval: Signature -Date Plannin4 Deaartment: Planning Director Approval: a gnature Date Public Works Department: Development Services Manager Approval: C Q ~ 4 Signature Date PLEASE RETURN THIS SWEET ONLY with the appropriate signature. This item is scheduled to be approved on the September 22nd, 2009 City Council Agenda. THANK YOU. NE BEERlWINE TRANSFER OF OWNER LICENSE APPLICATION INTERNAL APPROVAL HECKLIST For Internal - Offlc® Use Only: Applicant: Jackson's Foo Stores In from uick Stuff #7775 Business Name: Jacksons #140 Location: 30 0 E, Goldst n® Dr. Meri i n ID License Type: jX] B®er [Xj Wine Q L[quor ~ (wine Included) Application /File Fee: Owner Transfer Beer $50.00 $ Wtne $~i0.00 = $100.00 Receipt No. 10831 Police Department: Police Chief Approval: Fire Department: Fire Chief Approval: Signature Date Planningr Deoartment: ~~~ S, ure Date~r~~~~ Planning Director Approval: gnature Date Public Works Departm®nt: Development Services Manager Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appropria#e signature. This item is scheduled to be approved on the September 22nd 2009 City Council Agenda. THANK YOU. NEW BEER/WINE TRANSFER OF OWNER LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST For lntemal -Office Use Only: Applicant: Jackson's Food Stoles Ind. tfrom Quick Stuff #7775) Business Name: Jacksons #140 Location: 3010 E. Goldstone Dr. Meridian ID License Type: [X] Beer [XJ Wine [] Liquor ~ twine included) Application /File Fee: Owner Transfer Seer 550.00 S Wine 550.00 = 5100.00 Receipt No. 76839 Police Department: Police Chief Approval: 9 ~5 09 Date Fire Department: Fire Chief Approval: Signature Signature Date Planning Department: Planning Director Approval: Signature Date Public Works Department: Development Services Manager Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is scheduled to be approved on the September 22nd, 2009 City Council Agenda. THANK YOU. Nancy Radford From: Mindi Smith Sent: Wednesday, September 16, 2009 8:12 AM To: Nancy Radford Cc: Bruce Freckleton; Scott Stecklins Subject: RE: Jackson's There is no outstanding issues in our system for the Jack in the box/ Jacksons located in Goldstone complex. 3010 Goldstone. Thanks Mindi Mindi Smith-Ferguison City of Meridian -Building Services Administrative Assistant 33 E. Broadway Ave. Suite 102 Meridian, Id. 83642 Phone: (208) 887-221 1 Fax: (208) 887-1 Z97 msmithC~meridiancity.org -----Qriginal Message----- From: Bruce Freckleton Sent: Tuesday, September 15, 2009 8:57 PM To: Mindi Smith Subject: Jackson's Mindi, Will you please confirm that we don't have any outstanding issues with the Jackson's on Goldstone, and if we don't, respond to Nancy that we don't. Thanks, Bruce Sent using Bruce's BlackBerry ~ ~~ ~ ~~E~ ~ ° ~ ~ ~ ~ 2!a 3NO1S~~OJ'8 as 3'1Jt/3 ~ ~ ~ C ~9 ~ ~~° a ¢ ~ X08 3H1 NE ~iOb~P ~ r ~ ~ ~ o a~z1 ~ . ~ ~ e®aaa x ^ R ~ ~ a ~~ a_ W C~ H ~ ~ ~ ~ ~ ~ ~ ~~ 9g ~~~ ~ ~m ~~ ~~ ~~ ~ ~~ ~~ ~~ N ~ ~ ~~~ ~~~ia ~ ~ ~ ~~ ~~~~+ea=~~ ~b~~~ ~s~~~l ~~~~~ e! ~1~i~~~~f~~~1~~~B~k~~o ®®oo®oo•••o©o©o•~••••Aooo•a••Q•• ~~ ~N ~~ ~~ ~~~~os~~@~:~~ ~~~ ~ ~a !~l,~ ~@i~=~ g !Y~ ~ ~ ~ ~ ~ ~ ~ ~~ 4 •~~Oe! ~ 4 ~ • ~®~~ H I is ~ ~gg aa ~ ~ C ~ E ~ ~ O $I~yQ p dp ~' ~ ~ ~~ ~ w ~ ~~ z ~e 9 $~ ~ $ ~ ~~ i ~ C ~ ~ ~~ ~ ~ ~ q ~ 0 ~ ~ ~p ~ $ $ ~ ~ 5~ ~ ~~~~~ ~ ~il a~ °' ~ ~~ ~~ ~• {~~¢f9i@ ~ ~ ~ ~ ~ ~ ~ E~ ~!e ~ ': ~ ~ f /~y~~~ ~~~ ~9 ~ ~ ~ /a~~9 ~ A ~ i °~ g# : Y s t EB 9bs r 9B9pp Q 0 0 ~ ~ Q ~ ~ ~ ~~ ~ ~L/V ~ O ~-• l•JV r 4 ~ ®Q® A fi ^ A N O usau 1~1~ MERIDIAN CITY COUNCIL MEETING September 22, 2009 APPLICANT ITEM NO. 6A1 REQUEST Dept. Report -Planning Dept. -Design Review Status Report AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: 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 Mertdlan. September 17, 2009 MEMORANDUM TO: Mayor City Council FROM: Pete Friedman Will Thornton RE: Design Review Update When the Design Review process was approved earlier this year, Council directed staff to report back to them after six months on the implementation challenges and successes. We will provide that update to Council on September 22°d. As part of that update we will discuss the following: 1) Status (number of applications, approvals, types, denials) As of today, twenty-five (25) design review applications have been processed since the effective date of Feb 4. Twenty-three (23) of these are complete and two remain pending following the Commission meeting tonight. The following is a general summary: • (19) 79% of the applications were processed with a CZC or existing CZC. • (5) 21% of the applications were processed with a conditional use or conditional use modification. • (5) Design review applications had an associated alternative compliance application. • (1) Design review application was appealed to Council (portable classrooms at Paramount Elementary) • (1) Application was reviewed by the Design Professionals Committee (Locust Grove Plaza.) • The majority of the applications were for new construction or additions, with a few applications for exterior alterations only. • (2) Applications were for revised designs approved under the previous code. Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org Page 2 2) UDC & Design Manual conflicts remaining to be resolved The Planning Department held a workshop with members of the steering committee and additional developers to discuss the issue of parking requirements along roadways. The current standard in the UDC (11-3A-19.A3 Parking Lots) states that no more than 50% of the total off-street parking for a site shall be located between the building facades and abutting streets. This requirement is nearly always a topic of discussion in meetings with applicants and is problematic with corner and small sites. While written to accomplish several things (such as limiting seas of pazking, encouraging buildings closer to streets, aesthetics along roadways, etc.) the coordination and applicability between the manual and code currently subjects all projects to this requirement. Staff believes that modifying the UDC language to reference the guideline sections in the Design Manual may provide the flexibility for applicants and staff when applying the pazking standazd to small and corner sites. Other conflicts between the UDC design standazds and the manual occumng during the processing of applications include the application of acceptable and non-acceptable materials, and the requirements regazding azchitectural chazacter, particulazly roof forms, modulations, and the treatment or presence of blank walls. Generally, the manual as guidelines encourage four-sided azchitectur, where the UDC states the applicability of the standazds as viewed from or along public streets. Staff recommends adding language to UDC 11-3A-19.A1 where azchitectural chazacter is required as viewed from and/or adjacent to public and private streets, public spaces, from adjacent residences, or other azeas as determined by the Director. Staff requests direction from the Council on adding/changing the language to UDC 11-3A-19.A2 addressing acceptable and prohibited materials such lazge applications of vinyl that do not add architectural interest (such patterned or a mix of finishes) or unfinished concrete. 3) Applicability & possible exemptions to Design Review process There has been some question as to the applicability of the design guidelines to projects of a utilitarian nature, such as sheds, park maintenance buildings, etc. and added features such as patio coverings (such as trellises). Generally, these structures aze not located in the immediate line of sight from public roadways; however, they may be located adjacent to a residential district. Page 3 Another item under applicability of the guidelines is to add some language to the manual and/or UDC to require section B. Design Guidelines for Urban Developments be used for projects within the Downtown core (the nine block area indicated by the Meridian Development Corporation). Staff is proposing a rewrite to the applicability sections in the UDC and Design Manual to (a) clean up the current language to make it easier to understand when design review is applicable; and (b) add language for possible exceptions to the applicability of design review. 4) Further implementation needs & challenges Implementation has been ongoing since the effective date in February, specifically including training staff and the development of an interactive PDF document to aid staff and applicants in using the Development Matrix. This document is approximately 95% complete. Besides coordinating the UDC and guidelines as stated earlier, the manual needs some minor text changes and corrections. In addition, to make the use of design review more user friendly staff is working on revisions to the guideline checklists so that applicants will be able to better describe to staff how they comply with the design manual. Challenges to the design review process will undoubtedly surface. Many of these challenges will fall into two categories (a) those related to the applicability of design review -such as utilitarian structures, and (b) the challenges associated with staff working with applicants and their design professionals when proposed projects do not meet the standards or comply with the guidelines. Fortunately, the latter can rely on the Design Professionals Committee to assist in design determinations. MERIDIAN CITY COUNCIL MEETING September 22, 2009 APPLICANT ITEM NO. 6A2 REQUEST Review and discuss Lists of Transportation and Community Program Priority Projects. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: 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 Cffy of Meridian. September 17, 2009 MEMORANDUM TO: Tammy de Weerd, Mayor Meridian City Council FROM: Caleb Hood & Matt Ellsworth CC: Meridian City Clerk RE: Priority Transportation Projects Department Report Item for September 22, 2009 City Council Meeting The Meridian Transportation Task Force (TTF) met on August 6~ and September 3ni to discuss transportation programming and priority projects for the City. After incorporating the direction from the Council, given during the August 25d' City Council meeting, the TTF members, along with Parks Commissioners and a Joint School District #2 representative present the attached transportation priorities for your consideration and endorsement. As you may recall from the previous discussion on this topic, this year there are three priority lists that are being compiled for transportation agency consideration: 1) ACHD roadways and intersections, 2) I'TD highways/overpasses/interchanges, and 3) ACHD Community Programs (safe routes to schools, sidewalk/pathways, etc.) The proposed project lists, as prepared by the TTF, accompany this memo and are included as attachments. The changes made to the list by the TTF after the August 25~' City Council meeting will be detailed by staff during the workshop. The biggest changes from the August 25~' presentation are in the ACHD roadways/intersections list, which emphasizes a corridor approach and gives more weight to intersections, especially in the vicinity of Ten Mile interchange. In addition to the three priority lists, Staff, with input from the TTF has compiled three cover letters for the priority lists. These cover letters incorporated specific comments regarding programming and projects as they relate to Meridian and the County. COMPASS and ACHD are requesting City priorities be finalized by October 1~ so the TIP and FYWP can be prepared this winter. The TTD/COMPASS cover letter speaks directly to the TIP. Staff requests that Council review, and on September 22nd endorse the updated list of transportation projects as compiled by the TTF and sign the associated cover/support letters. Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org Page 2 Attachment l.a: Cover Letter, ACRD Roadways & Intersections September 22, 2009 Sally Goodell Deputy Director, Planning & Projects Ada County Highway District 3775 Adams Street Garden City, ID 83714 Dear Ms. Goodell, The City of Meridian appreciates the opportunity to submit the attached list of transportation projects for consideration in the 2011-2015 Five Year Work Plan (FYWP). The City is also thankful for ACHD staff attendance at the Transportation Task Force meetings in recent months, for the many questions they have answered, and for generally assisting the Task Force and City as we navigate this process. Before getting into the details of this year's most important project requests, we want to express our gratitude to ACHD for ensuring that the Ten Mile, Franklin to Cherry project will be constructed in FY 2010. We really do appreciate you acknowledging that the Ten Mile/Franklin intersection and the Ten Mile roadway widening to Cherry are critical to the efficient movement of goods and services to and from the Ten Mile Interchange. As you will see from our attached priority list, the City believes that additional roadway improvements near the interchange are needed and we are hopeful that some of the key intersections around the Ten Mile Interchange can be improved prior to the interchange opening in early 2011. We believe that trying to make improvements after the interchange opens will prove to be both difficult and inconvenient for the travelling public We strongly believe that the City's prioritized list is not awish-list of niceties but rather an identification of Meridian's worst transportation system deficiencies. However, the City understands the challenge ACHD faces with a backlog of essential projects and a lack of funding to adequately address constituent needs. That is why we recommend that ACHD focus primarily on constructing new intersections, instead of rebuilding existing intersections or widening roadways. Intersection projects tend to be less expensive than widening projects and do a better job at relieving traffic congestion. Even interim improvements at intersections in Meridian can provide much needed relief in the near term and are therefore welcomed and sound investments. We support you in your quest to get the biggest bang out of a lesser buck. Many of the roadway projects listed as priorities on the City's list represent broader corridor needs. Three of the major Ada County corridors that the City would like to see ACHD focus on include: Ustick, Franklin and Ten Mile. ACHD should make an effort to create full, usable transportation corridors rather than constructing piecemeal improvements that only benefit a mile or two at a time. In the case of Ustick Road, working west to east -from Meridian Road toward 2 Page 3 Eagle Road -could prove to be more beneficial and less costly than continuing to work on improving the corridor from east to west. Please find attached a list of priority projects that the Meridian Transportation Task Force compiled and that the Meridian City Council subsequently endorsed on September 22, 2009. The Mayor and City Council would be more than happy to discuss priority transportation projects with you further at a joint meeting. Please communicate with me any substantial changes or issue that may arise regarding the City's list of priority projects. Thank you for your time and consideration of these requests. Sincerely, Tammy de Weerd Mayor Cc: ACHD President and Commission Sabrina Bowman, Planning Manager, ACHD Toni Tisdale, Principal Planner -Transportation, COMPASS 3 Page 4 Attachment l.b: Priority List, ACRD Roadways & Intersections ,, n ~ n v a w ~ . ~ _ C . 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(3 (~~ 7 n J~ ~, ~ %~ 1~ ~ G~ ~ W ~ a ~ ~ ~ ~ q ~ 73 Yl & ~ ~ ~ ~ '~' ~ 8 - ~~ ~ S a ~ m a ~' m ,^, z --~ n n~ r:: n c c n z 2 -- v c n z c n+ Z c 3 r~ T 3 n t r~ ~ ~w A ~ ~ c ~ {. r~ _~ ~ +O o N c ~' g.~o~ ~ A N ~ t ~ " g ~~2 33 A `G ~~02 A N _ =. :~ ~~ T ~o*. w V ~ ~ ~w '7 Z ~ ~ ~. >%~ ~ A ~° { r R ~ V _ , ~ C O O © Sj ~ 0 ? 0 `1 ~ p A 3 ~ O . V p ~ ~ N O ~ T ~ ~ ~ ~ ui q R Q S Q G v ~ ~{ (C '^ S ~ Si ~ C . i s. ~ ~. ~ t R R' G v" ~ ~ ~ ~_ -~ ~ ~~ ~ d e Page 7 n v g } {n $ A W W ~ ~ ~ ' a ~ ~ ~ e'~' ~ 1~3 R R Z ~i a ~ ~. ~~ R~ ~~ m M R, 9, a u ~ 9 f ~~ a~ 7 '~ c a ~' o u 3 k N M 41 ;_' T ~~ ~~ ~~ 3 a' -,~ B~ m W a R $ ~ L"' ~ ~ a & ~ ~ "' ~~ ~ A _. N ~ ~ ~~ $ 9 ~ ~ ~$ D 3 g ~ ~ Gi o x ~ G ~ ~ c ro ~ A Si `" 3'A, ~g~°' ~~~ ~ ~ A~~ amtR ~ ~ C .p O ~ ~ g ~3~ i ~ ~ B n~ q Fg~ ~ ~ ~~~ d s ~~~ ~~ ~ ~ O Q ~? a ~ } R ~ 3 ,3 C i ~ ~ 4~ ~ ~ ~ ~ .gg ~ g b; 3 ~i~~~ '?3~ ~ ~ w ~ 9s 3 '~ ~. a ° 3 ~$ ~~ ~• e w ~ a ~ a °' & B+ ~ ~_ ~ '~ s~ ~~ ~ '~ ~~ ~ ~ ~gg o a ~ o_ ^~ s e` s 3~ a g o ~~ a' 7 Page 8 Attachment 2.a: Cover Letter, ITD/COMPASS September 22, 2009 The Honorable Garret Nancolas Chairman, COMPASS Board 800 S. Industry Way; Ste. 100 Meridian, ID 83642 Darrell Manning, Chairman Idaho Transportation Department 3311 W. State Street PO Box 7129 Boise, ID 83707-1129 Dear Chairman Nancolas and Chairman Manning, The City of Meridian appreciates the opportunity to comment on the draft 2010 - 2014 Transportation Improvement Program (TIP). Compiling the list of projects is an enormous undertaking, and the City commends COMPASS and ITD staff on the work that went into preparing the draft. The City realizes that there are many needed projects, and few dollars to fix the transportation system. The City submits the following comments for consideration in finalizing the Transportation Improvement Program: 1. Eagle Road, Interstate-84 to River Valley Street -Key #: FY 2008 - 2012 TIP identified this project for construction in 2008 with no financial implications for the broader program (proposed STARS financing). Project was delayed unti12009. Please reinsert this project into the Plan and update the construction date accordingly. 2. Eagle Road, Victory Road to Ridenbaugh Canal -Key #: RD203-07 Project will be constructed with local funds. Funding constraints resulted in the delay of this project from construction in 2008 (as proposed in FY 2008 - 2012 TIP) to 2010/2011. Please reinsert this project into the Plan and update the construction date accordingly. 3. Meridian Road Interchange -Key #: H351 The existing interchange structure poses a pedestrian safety hazard, as many children cross the bridge, which has no sidewalks or bike lanes, to access Roaring Springs Water Park, Wahooz Fun Center, and Mountain View High School. If there is an opportunity to remedy this unsafe situation when resurfacing occurs, the City strongly supports it. Page 9 Further, while it is unfortunate that the full rebuild of the Meridian Interchange was removed from the list of projects eligible for GARVEE funding, the City of Meridian understands the financial realities facing transportation agencies and service providers. The City of Meridian is eager to continue working with COMPASS, I'TD, ACHD, and VRT to expand revenues for transportation in the Treasure Valley so that the reconstruction of this interchange and other, much needed improvements can move forward. In addition to these comments on the draft TIP, and in order to make ITD aware of the City's highest priorities, the City respectfully submits a list of our most needed State-facility projects, in priority order, for your information. Again, the City of Meridian greatly appreciates the opportunity to comment on this year's Transportation Improvement Program. Thank you. Sincerely, Tammy de Weerd Mayor cc. City Council Toni Tisdale 9 Page 10 Attachment 2.b: Priority' List, ITD/COMPASS Q D S C C 0 0 '~ n 0 S O 2 R M ~, ~ ~~ Q A ~ < a. i ~ G' r U. N A ~ L• AI ~ d ,A m ~ ~ ~ ~ x ~ rn m a oro ~ m ~ ~ r a ro 3 n N m o ~ ~ op ~ ~ n ~ ~ 3 n ~ o ~ ~ _ o ~ ' ,,.., o. z ~ r; - ^ in w Z cn O rD ~ ~ 3 ° O ~ 0 .0. ~ ~ N ~ ro ° ~ a N ~ ? 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".L 70 0 `~ o a ~ ~ `~ o w v~~ 3 b ~ 3 p m R ~~ o `_° o rD ' (D!~ o 'Ti o a , o? ~ z~7 ~ ~ ~ rCr D~ ~^~ ~ r c n m D ~ 2 °-R 3~~~ ~~ 0 - ~ ; ~ ~ < ~ ~ ~' b 0 _ ~ y ~ ~ N ~ 3 D 9 C i ~ m m r- ~ o y N a 7 '~ m~ y Q - Q 7, C 7 C ry ~ ~ N ~~ a °e ~ D o3~= f as a 3 ~ ~ ~ o ~ ° ~ o a '~ ~ n o ~ a ~ y ~ ~ ~ T fD m g~ n ~ a~ 5 o Q „ ~'^ ~s p ~ s ~ar~< s n ~ g o ~ a m a .~. ~ .-. = a ~ 8 ~ .< ~ ,~ r ~~ ~ ~ o ~ o c n - _ r. o ~urs T~ 8i „ ~ a - y m N a ~ a in 3 irc 'b. ~ m ... ~ ~ d O ~ ° ~ ~ d d ` a ~ ~ a ?S ~ ro 2~~?, w 3 ~r o ~ n N a' ° ~ ~ i $ ~ T a a ~ u~ 'J W ~ b' ~ d O '~ ~ a o 3 ... ~ O N ~° ~ c ~ K n a ~ ~ C = ~ a ~ r- ~ }~ `~ m o ~ a ~ `~ m ° a' _ a as __ ~4 ~ 0 `~ a ~ o ~ ~ ~ ~ ~ ° ~ ?; o m o ~ rn a ~ o m y oo,~rc~ ~ N ~o ~ ~m-~°n ro -~ ~ ~ ° y ~o< "~ ro d ~ d ~ R - a a y v~ ~ ~ ~ ~ n o w< ° ° N '.`$ 0 3 c < ~ io a .n n VI _ fJ N !D ~ ~ o m c z rro a 3 n c ~ ~ ° ~ ~ ~ ~ [j N_ -. 3 ~ a a C ~ 3 < ~ ~ 10 Page 11 Attachment 3.a: Cover Letter, Community Programs September 22, 2009 Ryan Cutler Ada County Highway District 3775 Adams Street Garden City, ID 83714 Dear Mr. Cutler: Thank you for the opportunity to submit the attached list of Community Program projects for consideration within Meridian. While composing the list of project requests, special attention was given to projects on school routes and/or identified by members of our community. This year, Meridian's Transportation Task Force has worked closely with Joint School District #2 and the City's Parks and Recreation Commission in composing the attached list of requests. We believe that all of the projects on the list are important. We do not view the projects on our request list as enhancements, but rather necessities that will create a safe, efficient, and accessible pedestrian and bicycle network for residents in the community. The City is thankful for ACHD staff attendance at the Transportation Task Force meetings in recent months, for the many questions they have answered, and for generally assisting the Task Force and City as we navigate this process. Thank you for considering our projects in the upcoming planning and programming process. Sincerely, Cc: Meridian City Council 11 Page 12 Attachment 3.b: Priority List, Community Programs (08 fiuerali rank) In tua~se design anr~ order raq, f~i% pions ~ to rsr[ser; au to ~t3. ~ W. 5th ~ Vi(. 1 St ~ track erd caordir~e w/ ScP2 t~Aatore paroei m lfsit;Itlltr~der tr~-se~an, sktssra9c add~an an Hasa ilea paraets ~ cseate fWl rr~ side®alk. iic onEq; ro mb, gui($r, ~. d- q on a~qr to n~ st9c !~ uitirnate tocetinn. K ~ p Ten Attite to <Srtder coro~ to cote varieq SdtaaL sme ar mamdafr ~rsn. rNterk~ Ete~ramy (t~s tt~ ~ mite, Pas! Otnw (1i8 m8e~, (b~ Vaifey Ctrtffiten Sctmal (ebWin~, and otter doh Fahv~ta to Carlton ga~ertr~g and de~re&on poirds are ~rtte pmJed. Wow proj~t etimtr~te salty ~ W .8th to W. 4Ui I F~-west route Ix tutetdlan E~rreardarv aid Rder~an tine . panx~s preuerd stdewalc, ore ~dmal aaered. its otter a pfivaTs pmperiy ~. Plarmw stm,rrfer - Idgh speed. ~ rates of tratfk. children waec tolirmn 9lenrre rerdmy abn8 nds mute. tit coq t~azic is vn mUe.l3irwm ee completed 7~1~ to Sadism Fm1t of segmsrd asst o! raaduesy rr~ds skiswaUG antra sad sly needs sldewa0c. Mute im lair at toderr Efarrrerdaryt and tutgr~ . cfierryto CameIDa Pine to CartMn wow on rarth sty of sideeea~C Udre~rehae aia sGmukre turrd.4 to 2Ata. creeds asrsectkttr from Fatroiew m tb~t~ ElemeNmy, and so~dtr moss Pare. l4tlay require pedestrian cros:.Gtg si Pire. pate and flash6gi satmot ire ~htlst~ ai PheJW. Ord; str~ et P7ref W. tsi. Ad~erA to IMfer~ Ear. n !h 7(7) W. 4th, &oadw to rntie of tlterk~an tuiidd~ sdmot. lAfe~ side of roadteray -ems needed 1R aarar to e~istUrg ski~9r luler~an eemerrtary sdeai. W. t~ at Phre Ls destgrmfea etemerdmy easstrrg guards; main edrarme tar buss and parkir~. Par6at exists, Did dWCtc oeter~n Idatro and 8(10) 1Af. 1St, Pine to ~ Hroadtesy mt~;otl~rporbimmsd. 12 Page 13 9(17) ~QadlAr , VY. 7th bD Nleridien i~brih she at roadway fo tse a (m~raede~ sldewaa. {Nest tide of roadway. Three parcel caaara~ivt tee (L~ Ctsach, Alm avid Allmon) to rte erg segmerds togetPter. c7ardml A~rry arxt Faad~s Academy are wdAtrt ~/. 10(12) Ltd !=rare. McIlNllan to Ghirvien mt>e. Stmrddar alara7least c~ a r~ ~r verve. ono parcel on rat side preverdirg ertlre mtb (lowmt C3rare to Eagle) warn oehrg 11 Schubert ark Schureman a»rtan,ous edaeranc. wmt regional pant ~ Eaglelln this gap reeds timng. t~ good pedastriart comecflws firrmn on w~ side of Least ~ ~ to S>enna Eleaerdary, d t.agte Road Add lleshin8 Ugh~ped slgnai, «osswaUc oral 12(Id1A) S. Locust Grove, VkRo to Am stgr~e across s. tit c~rara et E Pelenno (ado short sit ~ ). h s beLaeen ~vettm- P~rd and ttte cartserdertoe store a- rte AAeri~mdl/i~y 6darsertiart. t~CroY recessary rm project artists. No nearby sdroois, try re~ortiood {Observaf[war tint is ifs HOA) Fars vet tiro proJ~t as the r~~rds ~ 13{N/A) V , Obsevation PL Out Parcel iMr want to ue rearby s via rtes tans. Oran prapeny gap ar east s~ of n Rcad, bR Ustirat artd Clap a 1~' torts rrot erg ROtly to stdsw~c to Eis utgrrteme Itt~. Settlers Potft is wnhln'/e mile. Cidkiren atlers6ng Harliaga St~i tran the souk ~ travel ttt~ mule. t 14(N!A) 4010 Meriatian Elated - fit-Parcel eider uaerim im~mremetns ~ mett>~me Pro~en- Oevataper a re~dred to canstras:t s ad~eN to Gds tWtae ptrese of Verdana Stmcdvlslon. t3td may be a iatg elms before deretoprrerd omrus. far temporary 15{WA) tVler~ian, Ventana Sub. To Heritage MS taaaectlon as srdmoi is direly to tip Booth ad etas ~. I pedestriart atv~s teitmm Wmter Eieneritery ata~s flan. CMldren in lids area ado alterd Sew~9t Fie ScProo6 Please ams>der raw exass-want to ems steal 18(5) McN61~n. Gard Creek to Palatirre sadh of t L Grove, Paradise to Settlers n (Paradise to tired Ra•Jt) plaraed t~ aorditruct~n this tall as Please ~ pmJect mt radar tm more pemenar6 tbt in the ltfiue. Currarttiy In Commurtdy Programs as SR23 pm)etd. Projetd is also pnordy f~ 3chod 18{NA) R~ HOrselAllc~il61late Ol~rhd. Comed t3trd Forfar vri~ Faltview Ave. via Jars Cant Add sigtt~e, when mt~drtg pat-aaay to 1tP (g1 Jaraes Coal, sdtipe at- crasstioanc and htstall etdar ht- Five M'll a Creek P - N~ridian Rd. pavamera nastssra. Settlers Creels P . Destl Care to mv~ togefhar two e>:f~ing paitcaray by ~ etwrt comteetlmr. Sewih Sktttgh Pathwray, Grtusflekt ul-idert pafearaq slob and sldew~t omoed~t m 10' east ~ stanrrersty. Rlderlbaugh P /Eagle Rd. Ct~sing Sarah of V~t+. add sue, ~ ~-avert, baton sdar In-paverrarrt flashers, etc. Coretrud e.~ mites ~ pattterafr on rartl~t sore of Five 116de Creek rear erHgeUower Sub. Fae R16~ Creek -Ten A!~ to Patiaray +eaID traverse FAA amuan Bot ~ erdl, aM pared tilt (east erdl. Corminid pathway an emmt she of creex. City puratdr~ tao~ct vrilfi CDBO addi~rtai hrtpravaraeatd r~ded art Ptrte trmn Dowrdowr- ~ Laxast t3rove far Five Aft Greek P - Fairviearr to eetetfr. 13 MERIDIAN CITY COUNCIL MEETING September 22, 2009 APPLICANT ITEM NO. 6B1 REQUEST Appove New Beer/Wine License for Maverik Stores, Inc. #410, Location 1630 E. McMillan Rd. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached n ~,~~ 0 Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdlan. Page 1 of 1 Nancy Radford From: Bruce Freckleton Sent: Tuesday, September 22, 2009 8:17 AM To: Nancy Radford Subject: RE: Pending Approvals Attachments: Bruce Freckleton (freckleb@meridiancity.org).vcf Nancy, As we discussed yesterday, I would like to request that the new BW License for the Maverik Store be held until such time that they receive their final Certificate of Occupancy. Thank you, Bruce •~ n ~.:- ~~~ ~~~~N~ Bruce Freckleton Development Services Manager Meridian Public Works Department From: Nancy Radford Sent: Friday, September 18, 2009 9:04 AM To: Bruce Freckleton; Anna Canning Cc: Jaycee Holman Subject: Pending Approvals Maverik Stores: (New BV1~ Since there is no meeting on the 29th, and they don't have their CO, I need Bruce to sign off with the condition of CO before release. We can discuss more on Monday. Jacksons Food Stores Inc.: (BW Owner Transfer) I Need Anna's approval. Both will be on the 22nd CC Agenda. Thanks, .Fancy Rad, ford Assistant City Clerk City of Meridian 33 E. Broadway Ave. Meridian ID 83642 Direct Line: 208-489-0391 9/22/2009 NEW BEER/WINE LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST For Internal -Office Use Only: Applicant: Maverik Stores Inc. Business Name: Maverik Store #410 Location: 1630 E. McMillan Rd. Meridian ID License Type: [X] Beer [X] Wine Q Liquor ~ (wine included) Application /File Fee: Beer $50.00 & Wine $200.00 = $250.00 Receipt No. 16825 Police Department: Police Chief Approval: Fire Department: Fire Chief Approval: Planning Director Approval: Signature Signature Public Works Deuartment: Development Services Manager Approval: Signature ~ ~? 4P Date ~.~, ~rsQS l~~( Date ~ Oq D to Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is scheduled to be approved on the September 15th, 2009 City Council Agenda. THANK YOU. NEW BEER/WINE LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST For Internal - OfFice_;Use Only:- Applicant: Maverik Stores Inc. Business Name: Maverik Store #410 Location: 1630 E. McMillan Rd. Meridian ID License Type: [X] Beer [X] Wine Q Liquor - (wine included) Application /File Fee: Beer $50.00 ~ Wine $200.00 = X250.00 Receipt No. 16825 Police Department: Police Chief Approval: Fire Department: Fire Chief Approval: Signature Planning Department: Planning Director Approval: Signature Signature 9 ~ `~ ~ Date Date Date Public Works Department: Development Services Manager Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is scheduled to be approved on the September 15th, 2009 City Council Agenda. THANK YOU. NEW BEERIWINE LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST For Internal -Office Use Only: Applicant: Maverik Stores Inc. Business Name: Maverlk Store #410 Location: 1630 E. McMillan Rd. Meridian ID License Type: [X] Beer [X] Wine Q Liquor ~ (wine included) Application /File Fee: Beer $50.00 & Wine $200.00 = $250.00 Receipt No. 16825 Police Department: Police Chief Approval: Signature Date Fire Department: Fire Chief Approval: ' nature D ~~~.( L, ~~~c~ate Planning Department: Planning Director Approval: ~~ ~ ~ ~~ Signature Date Public Works Department: Development Services Manager Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is scheduled to be approved on the September 15th, 2009 City Council Agenda. 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E ~ ~ v V ~ .C bA ~ R w '~ z '~ H a~~~ ° ~'. .~ .n U +~+ ^~ d 3 as o" z S MERIDIAN CITY COUNCIL MEETING September 22, 2009 APPLICANT ITEM NO. 6B2 REQUEST Update of Outdoor Sales and Temporary Uses Ordinance and Update of Fireworks Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY WATER DEPT: 1 ~, ~ ` ~ ~~~- l s~'e'~ Y~ CITY SEWER DEPT: CITY PARKS DEPT: (~ , ~ f ti-~`~ ~/ 1/w' 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. MayorTammy de Weerd City Councii Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba September 17, 2009 TO: Mayor De Weerd City Council Members FROM: Emily KaneCi~ Deputy City Attorney RE: Updates to Temporary Uses and Fireworks Ordinances The attached draft ordinances are proposed updates to the Outdoor Sales and Temporary Uses Ordinance (Title 3, Chapter 4) and to the Meridian Fireworks Ordinance (Title 5, Chapter 4}. This memo provides an overview of the updates set forth in the proposed revisions. 1. Parking and Drrving Surfaces - Temnorary Uses and Fireworks Stands. First and foremost, these revisions are proposed in order to address a concern regarding parking and driving surfaces that was brought to staff s attention by Mr. Marshall Coryell, the owner of the lot on the southwest corner of Main and Franklin. Mr. Coryell pointed out that there is a discrepancy in the City's approach to parking and driving surfaces for fireworks stands and its approach to parking and driving surfaces for temporary uses. Specifically, the Fireworks Ordinance allows parking "upon asphalt or other dustless material," and does not address driving surfaces, whereas the Temporary Use Ordinance allows parking and driving only upon enumerated surfaces: concrete, asphalt, grasscrete, pavers, bricks, macadam, or vegetative cover (for pazking only}. In other words, the code allows fireworks stands to operate on soil or dusty surfaces if chemical soil stabilizer or dust suppressant is applied, but the code does not allow temporary sales units to operate on unimproved surfaces under any circumstances. The parking and driving surfaces provisions of the proposed updated ordinance were drafted in order to address the deterioration of air quality that results from fugitive dust from vehicles on unimproved lots. In dry weather, the problem is related to vehicles stirring up, and releasing into the air, soil and small particulates. In wet weather, the problem is primarily related to vehicles tracking mud off of the lot and onto the roadways, which mud later dries and is released into the air as dust. MEMORANDUM ItE: DRAFT REVLSiONS TO TEMP USE AND FIREWORKS CODES PAGE I OF 2 This proposed revision would both make consistent the surface provisions in the Fireworks Ordinance and the Temporary Uses Ordinance, and would also address the air quality concerns related to fugitive dust from unimproved lots. It enumerates which surfaces are acceptable for vehiculaz operation in dry and wet seasons, and where chemical sail stabilizers or dust suppressants are allowed as an alternative to improving the lot's surface, sediment traps will be required, as they are already at consixuction sites. 2. Mobile Sales Unit Licenses As to Mobile Sales Units, first, the revisions clarify the intent that each individual person acting as or operating a Mobile Sales Unit in the City of Meridian be required to obtain a Mobile Sales Unit License. Our farmer code provided far a corporate or "umbrella" license, under which several employees could lawfully make sales door-to-door or sell goods or services out of a vehicle. This provision did not address the public safety concerns related to employees who were operating under a valid license but who would themselves not qualify for a license due to their criminal history, status as a sex offender, or other disqualifying issue. In practice, we require that every individual salesperson or employee have a valid Mobile Sales Unit License; this revision clarifies such requirement by eliminating all vestiges of the former practice that remaiun on the books. Second, this updated draft adds an expiration date for Mobile Sales Unit Licenses. The current version allows the City Clerk to establish the duration of such license, which in practice is always one year. This ensures consistency and provides a mechanism by which the City can update criminal histories and other applicant information on an annual basis. Third, this draft adds a time period within which appeals of issuances, denials, and revocations of Mobile Sales Unit Licenses can be made to City Council. The current version does not set a time limit on the appeal period. 3. Xndoor Temporary Events. Now that the Temporary Use Ordinance has been in place for over a yeaz, staffhas noticed that temporary events taking place indoor do not require temporary use permits, but such events should be permitted because many of the same public safety and land use concerns do apply: parking, signs, restrooms, first aid, electrical and structural safety. This revision would institute permits and standards for temporary uses at indoor locations as well as outdoor locations. 4. Site Plans. The revised draft clarifies which details should be represented on site plans or floor plans in order to provide planning, public safety, fire, and building personnel with an accurate vision of what is planned for the event. Many of the site plans that staff has received have been too general or vague to be useful as a tool for reviewing the logistics for a use or event, and this revision is intended to require more specific planning by the applicant. MEMORANDUM RE: DRAFT REV[SIONS TO TEMP USE AND FIREWORKS CODES PAGE 2 OF 2 I~R~ FT CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 5, CHAPTER 4, SECTION 6(H) OF MERIDIAN CITY CODE, RELATING TO DRIVING, PARKING, AND ACCESS SURFACES FOR RETAIL OPERATIONS SELLING NONAERIAL COMMON FIREWORKS; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, vehicle and pedestrian traffic into, out of, and on sites with unimproved surfaces, including sites of retail operations selling nonaerial common fireworks, is a potential fugitive dust emission source, and the amendment to the Meridian Fireworks Ordinance set forth herein is intended to address the air quality impacts related to such operations; NOW, THEREFORE, BE TT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section l.. That Title 5, Chapter 4, Section 6(H) of the Meridian City Code shall be amended as follows: 5-4-6: RETAIL SALES OF NONAERIAL COMMON FIREWORKS: ~~~ H . • > ~n ~ ~• ..+n c. n .a e`+17s nife~n ..~ ..«.a/w af..~ Each and every ep ratlOn sellin» nonaerial common fireworks and/or offering nonearial common fireworks for sate shall: a. Provide adequate off street parking to serve such operation. No operation shall displace the required off street parking spaces or loading areas of the principal permitted uses on the site. b. Prohibit and prevent the operation and/ar parking of vehicle~on combustible surfaces or materials. c. -Provide driving and/or parking surfaces that are designed to prevent traffic hazards and nuisances. SEPTEMBER 2009 UPDATE MERIDIAN FIREWORKS ORDINANCE PAGE 1 OF 3 DRAFT d. Between June 1 and October 31 inclusive operate nark or allow the operation or park_~ina of motorized vehicles only on surfaces composed of one of the following materials: (1 } Concrete. (2} A_ sphalt• {3) Grasscrete. (4) Pavers. (5) Bricks. {6} Macadam. (7) Natural turf. {8) R ~cled asphalt where such material is approved for the site's principal, permitted use by a certificate of zoningcompliance validly issued by the City of Meridian. (9) Gravel or soil treated with environmentally safe chemical soil stabilizer or chemical dust suppressant. e. Between November 1 and May 31 inclusive operate par -and/or allow the operation or parkin of motorized vehicles only on surfaces composed of one of the following materials: (1) Concrete. {2) Asphalt. (3} Grasscrete. (4) Pavers. (5) Bricks. (6) Macadam. {7) Recycled asphalt, only where such material is approved for the site's principal ermi ed use b a certificate of zonin com fiance validl issued b the Ci of Meridian. SEPTEMBER 2009 UPDATE MERIDIAN FIREWORKS ORDINANCE PAGE 2 OF 3 DRAFT ($} Natural turf, gavel, or soil, only where all entrance and exit drives to the site are either paved or include sediment traps at each and every transition between paved to unpaved surfaces that meet the following standards: (a) Eacl~sediment txap shall be constructed and maintained in a manner that effectively prevents tracking and/or flow of mud soil and/or sediment onto public nights-of-wav. It shall be unlawful to allow mud or soil to be tracked or to flow onto publicrights-of--way from the site of a temporary use. Lb) Each sediment trap shall extend the full width of the entrance and/or exit drive. (c) Each sediment trap shall be a minimum length of thirty feet (30') (d) Each sediment trap shall include asix-inch (6")base laver of fractured stone aver the entire width and Ien h of the sediment trap. Section 2. That alI ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage. PASSED by the City Council of the City of Meridian, Idaho, this day of 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2009. APPROVED: Tammy de Weerd MAYOR ATTEST: Jaycee Holman CITY CLERK SEPTEMBER 2009 UPDATE MERIDIAN FIREWORIfS ORDINANCE PAGE 3 OF 3 r~R,~Fr CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING CHAPTER 4, TITLE 3 OF THE MERIDIAN CITY CODE, RELATING TO OUTDOOR SALES AND TEMPORARY USES .AND PROVIDING FOR A SAVINGS CLAUSE. WHEREAS, by the adoption of Ordinance nos. 08-1354, 08-1371, and 08-1356, the City Council of the City of Meridian adopted a procedure by which outdoor sales and temporary uses occurring in the City of Meridian are required to meet minimum standards for the purpose of protecting the health, safety, and welfare of Meridian residents and other participants in such outdoor sales and temporary uses; WHEREAS, the permitting procedure and standards have been found to generally accommodate outdoor sales and temporary uses that complement existing City of Meridian businesses; that are safe, attractive, and desirable; that add variety to the shopping and/or duaing opportunities available to City of Meridian residents; and that support and encourage community events and celebrations; WHEREAS, the amendments to the Outdoor Sales and Temporary Uses ordinance set forth herein are intended to improve and refine the process and standards of such ordinance, specifically: •- 1. To clarify the intent of the City Council of the City of Meridian that each individual person acting as or operating a Mobile Sales Unit in the City of Meridian shall be required obtain a City of Meridian Mobile Sales Unit License, and that no person may share or operate under anather's Mobile Sales Unit License; 2. To require the expiration of Mobile Sales Unit Licenses one year after the date of issuance in order to allow the City to review updated criminal records and other background information upon re-application; 3. To set an appeal period for appeals of issuances, denials, and revocations of Mobile Sales Unit Licenses; 4. To allow temporary uses at indoor locations, subject to standards designed to protect the health and safety of persons and property involved in such uses; 5. To clarify the details to be represented an site plans in order to best protect the health, safety, welfare, and convenience of the public; and 6. To address air quality impacts of temporary uses by establishing standards that will ameliorate fugitive dust emissions from vehicle and pedestrian traffic into, out of, and on temporary use sites. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title 3, Chapter 4, of the Meridian City Code shall be amended as follows: SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPpRARY USES ORDIIVAIVCE PAGE 1 OF 39 L?RAFT CHAPTER 4 OUTDOOR SALES AND TEMPORARY USES 3-4-1: DEFINITIONS: For purposes of this chapter, the following terms shall be defined as follows: A. FIRST AMENDMENT ACTIVITY: Any and all expressive and associative activity that is protected by the United States and Idaho Constitutions, including speech, press, assembly, and/or the right to petition. This definition shall not include activity that damages, harms ar injures persons or property. B. GARAGE SALE: The sale, offer for sale, offer for trade, offer free of charge, or display for the purpose of selling, trading, or offering, of one (1) or more items of used or unwanted tangible personal property, including, but not limited to: clothing, household effects, tools, toys, recreation equipment, or other used or second-hand items customarily found in or about the home; where such sale, trade, offer or any portion thereof occurs outdoors or where any goods offered for sale or trade are displayed outdoors; and such sale, trade, offer or any portion thereof occurs at a residence or residential property. This definition shall include yard sales, basement sales, attic sales, moving sales, tag sales, rummage sales, and other such sales known by terms which are synonymous with the term GARAGE SALE. This definition shall not include, and this section shall not apply to, sales specifically authorized by and conducted in conformity with statute or judicial order or conducted under judicial supervision, including, but not limited to, estate sales. C. GOODS: Tangible personal property, products, produce, food, or merchandise sold, offered for sale, offered for trade, offered free of charge, or displayed for the purpose of selling, trading, or offering. This definition shall also apply to personal property, products, or merchandise that is offered or displayed to be sold, traded, offered, or delivered a# another time or location, or that serves as a sample of that to be sold, traded, offered, or delivered at another time or location. This definition shall not include fireworks. D. MOBILE SALES UNIT: 1. A traveling, and/or door-to-door commercial or retail establishment, enterprise, facility, and/or any agent or representative thereof, from which or whom, at which or whom, or by which or whom goods and/or services are sold, traded, given away; offered for sale, trade, or giveaway; displayed for the purpose of sale, trade, or giveaway; or delivered pursuant to such sale, trade, or giveaway; and which or whom: a. Does not remain within any 304-square-foot area far mare than two (2) consecutive hours within any twenty-four-hour (24-hour) period; and b. Is neither located on the premises of, nar physically attached to, any permanent proprietor, except when pazking or stopping temporarily in order to conduct a sale, trade, giveaway, offer, display, or delivery. 2. A MOBILE SALES UNTT may travel and/or consist of any form of conveyance or transport, including, but not limited to, by foo#, vehicle, trailer, cart, wheeled or other container, ar other form of offering, displaying, or storing goods andJor services. SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPaRARY USES ORD[i~IANCE PAGE 2 OF 39 DRAFT 3. This definition shall not include FIRST AtvtENDMENT ACTIVITY on public or private property. 4. This definition shall not include the delivery of goods or services to a residence or place of business pursuant to a sale, trade, giveaway, or order previously transacted or placed with a commercial or retail establishment, enterprise, facility, and/or any agent or representative thereof which is not traveling and/or door-to-door. E. ORGANIZER: The person who coordinates and/or promotes one or more vendors, activities, and/or venues in order to create or produce an Outdoor Market or Special Event, and/or the applicant in whose name a City of Meridian Temporary Use Permit for an Outdoor Market or Special Event is held. F. OUTDOOR MARKET: The sale, offer for sale, offer for trade, offer free of charge, or display by any person or persons for the purpose of selling, trading, or offering, of one (1) or mare items of produce, food items, arts, crafts, new or used tangible personal property; where such sale, trade, offeror any portion thereof occurs: 1. Outdoors or where any goods offered for sale or trade are displayed outdoors; and 2. On public property or on property accessible by the general public; and 3. Within 300 feet of any other person or persons selling, trading, or offering one (1) or more items of produce, food items, arts, crafts, new or used tangible personal property. This definition shall include outdoor farmer's markets, outdoor flea markets, and outdoor arts, crafts, and/or hobby markets. This definition shall not include FIRST Aivr>rIVDMENT AcTNITY on public or private property. G. PERMANENT PROPRIETOR: The owner or occupant of real property at which such owner or occupant conducts an approved conditional or principal permitted use as such uses are defined in the Meridian Unified Development Code. H. PROMOTIONAL SALES UNIT: An outdoor ar open-air commercial or retail facility from or at which goods and/or services aze sold, traded, offered for sale or trade, or displayed for the purpose of sale, trade, or giveaway; and which: 1. Remains within any 300-square-foot azea for more than two consecutive hours within any twenty-four hour period; and 2. Is located on the premises o~ or physically attached to, a permanent proprietor; and is operationally related or identical to such permanent proprietor. A PROMOTIONAL SALES UNIT may consist of any tangible structure, including, but not limited to, a stall, booth, tent, platform, box, table, rack, palate, trailer, cart, vehicle, container, or other form of offering, displaying, or staring goods and/or services. I. PROPERTY: Any tract of contiguous land held in single ownership. J. SERVICES: Work or labor that is offered, sold, or undertaken in exchange for money, goods, or services or that is offered or undertaken free of charge. This definition shall also include work or labor that is to be offered, sold, or undertaken at another time ar location, or that selves as a sample or demonstration of work or labor to be offered, sold, or undertaken at SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 3 of 39 DRAFT another time or location. K. SPECIAL EVENT: 1. A planned or foreseeable commercial, recreational, or expressive activity or gathering of persons which: a. Changes, attempts to change, or has a tendency to change the typical use of publicly accessible land or facilities, or the normal flow or regulation of pedestrian or vehicular traffic upon or in the streets, sidewalks, or other publicly accessible areas; and b. Takes place, whether entirely or partially: (I) On a street or sidewalk located within the City and will likely result in some or total obstruction of such streets or sidewalks; or (2} On any other property, whether public or private, but requires for its successful execution the provision and coordination of City services to a degree over and above that which the City normally provides; or (3} On or in any area open to the public. 2. SPECIAL EVENTS may include, but shall not be limited to: a. Parade, procession, organized movement, or motorcade, consisting of persons, vehicles, or a combination thereof; b. Public assembly, demonstration, march, meeting, parade, protest, rally, or vigil which involves the expression of opinions or grievances of persons for a common purpose; c. Performance, presentation, ceremony, concert, or exhibit; d. Athletic competition, race, or contest involving sports, games, or exercises; or e. Community or neighborhood celebration, gathering, or block party. 3. The definition of SPECIAL EVENT shall not include: a. An activity held solely on private property not accessible by the general public and which neither requires the provision and coordination of City services to a degree over and above that which the City routinely provides nor compromises the ability of the City to respond to a public safety emergency; b. An activity, including FIRST AMENDMENT ACTIVITY, occurring en streets or sidewalks within the City or in or on City property, where such activity neither results in the obstruction of streets or sidewalks, nor requires the provision and coordination of City services to a degree over and above that which the City routinely provides, nor compromises the ability of the City to respond to a public safety emergency; c. Funeral processions; or d. Programmed activities provided or managed by the City. L. SUBDIVISION MODEL HOME: A dwelling which serves as an exhibitor example of dwellings constructed or to be constructed within the subdivision in which such model home is located. Where a dwelling is both a SUBDMSION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, the definition of SUBDIVISION MODEL HOME shall apply. M. SUBDIVISION REAL ESTATE SALES OFFICE: A structure from which lots and/or dwellings are sold, rented, or offered for sale or rent, where such structure is located in the SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 4 of 39 I~R~I FT subdivision containing such real estate. Where a structure is both a SUBDNISION MODEL HOME and a SUBDNISION REAL ESTATE SALES OFFICE, the definition Of SUBDNISION MODEL HOME shall apply. N. TEMPORARY INDOOR EVENT: The use of an interior space of a buildin og r anv Dortion thereof for a use or purpose that differs from the building's pnnciually permitted and/or approved accessor, uy sefsl. 0.1~: TEMPORARY SALES UNIT: An outdoor or open-air commercial or retail establishment, enterprise, or facility from or at which goods and/or services are sold, traded, offered far sale or trade, or displayed for the purpose of sale, trade, or giveaway; and which:-1- Rremains within any 300-syuaze-foot area for more than two consecutive hours within any twenty-four hour period_-a~d • ~ , ----p}ei~eter: A TEMPORARY SALES UNIT may consist of any tangible structure, including, but not limiter to, a stall, booth, tent, platform, box, table, rack, palate, trailer, cart, vehicle, container, or other form of offering, displaying, or storing goods and/or services. This definition shall not include the sale of fireworks, which shall be governed by Title 5, Chanter 4, Meridian City Code. P.C~: TEMPORARY SIGN: A sign, and/or any device, fixture, placard, or structure which: 1. Uses any color, form, graphic, illumination, symbol, or writing to identify, promote, advertise, or direct patrons to a TEMPORARY USE; and 2. Is not permanently mounted or secured. This definition shall be limited iri its application to TEMPORARY SIGNS regarding TEMPORARY USES as defined in and regulated by this chapter, and shall nat apply to signs defined in and regulated by other provisions of Gity Code, including, but not limited to, temporary and/or permanent signs regulated by the Meridian Unified Development Code. Q~: TEMPORARY USE: The carrying on, for a determinate and transitory period of time, a use of, at, or upon real property, including, but not limited to, the sale, trade, offer, delivery, or display of goads or services, where such use is not the approved conditional or principal permitted use designated for such real property as defined and regulated by the Meridian Unified Development Code. TEMPORARY USES shall include, but shall not be limited to, SUBDIVISION MODEL HOMES, SUBDNISION REAL ESTATE SALES OFFICES, PROMOTIONAL SALES UNITS, TEMPORARY SALES UNITS, TEMPORARY INDOOR EVENT. SPECIAL EVENTS, OUTDOOR MARKETS, and GARAGE SALES. The definition of TEI~ORARY UsE shall not include City management and/or permitting of City facilities or usages otherwise governed by City ordinance or policy. Any TEMPORARY UsE established or operated within a park or facility operated by the City of Meridian Parks and Recreation Department shall be deemed to be either a SPECIAL EVENT or OUTDOOR MARKET. SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 5 OF 39 1~RAFT 3-4-2: MOBILE SALES UNITS: A. License and/ar permit requirements. It shall be unlawful for any person to operate, allow the operation of, or act as a MOBILE SALES UNtT without each and all of the following licenses, permits, and/or certifications: 1. Any and all licenses, permits, and/or certifications required by local, state or federal law. 2. Any and all licenses, permits, and/or certifications required by the Central District Health Department. 3. Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. 4. Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the Meridian City Code and/or the policies of the Meridian Parlcs and Recreation Department. 5. A City of Meridian Mobile Sales Unit License. a. Application for a City of Meridian Mobile Sales Unit License shall be made to the City Clerk, and shall include the following: (1) A completed application form provided by the City Clerk, which form shall include: (a) ire-Aublicant's name, ph s~address, mailing address, driver's license number, and social security number , ' > > 9 f ba{s}-A description of the goods and/or services to be sold, traded, given away, offered, displayed, and/or delivered under the Mobile Sales Unit License. ~{~-A description of the form of conveyance or transport to be used in the MOBILE SALES UNIT'S operation, traveling, and/or conduct of sales, trades, giveaways, offers, displays, and/or deliveries. SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 6 of 39 r~R,~~r f e}-A description of any and alI motor vehicles to be used by the Mos~LE SALES Urrrr, including license plate state and number, make, model, color, and other means of identification of such vehicle(s). ,(eZ{#}A, description of the hours, locations, and means at and by which the MOBILE SALES UNIT will operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or deliveries. f~..~,~gj-A comprehensive listing of any infraction, misdemeanor and/or felony convictions; probation violations; or forfeitures of bail by ar of the applicant; any > > ~~r}An agent upon whom service of process may be made in the State of Idaho. {~} Application fee as set forth in fee schedule. „41,,...:4.. 4.. uani-unpin u~hw~ar it «....4 41-... ..1; .,f:.,« ~ .,t.,. 1, ~ is ,nl+ «~..,,en4 .,..,7 ~L, it 'E. .1>.1:,... .a + 41•. - ~, _ ___ _. __.-..p7 ~... -_~.- .,._ . _........... ~.....~.~~~ ~ _.1..r...y .......».. vv .....a . va va. rv uav ~eFic~~i9.-C~SIr~efsei~~ei~ ~eseip4i~r~^csPcyaC ',sc~~c-~c-•i;~ u,:fl,;., +t,;,+,. ism ~ ~ ~ ~~'1~1.i, T.7n1.., A .7...,5«: n4«nti.,.. 7.1.-....e.1„«e.. A ..y (3} Two (2) photographs of the applicant Such photographs shall be two inches by two inches and shall show the head and shoulders of the applicant in a clear and distinguishable manner. (41 A uhotoeop r~ of applicant's driver's license or other government-issued identification document. X44)-Fingerprints, taken by the Idaho State Police, of the applicant-at~,/~r-any ~... 1.. °~ ~y.l/G ..,.,.... ~Z,., ..>:11 1. „s:...... ..ti,. ., 1+A~nr r! C a r rn T Twrrr , 1..v j>: « w i Yv n aav .v aaa vv vPv ~b ,-~3}Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant ITT l+e .. ...,4:«. .. on_f:a,e_nn u T-~Inn~a Q w r re 7 r~.T1T ..:41..' 4L, l1~4, from all claims .~ ..~ ~r.~.....u.b v. •.aab,..a a.voa~.a. for damages to property and bodily injury, including death, which may arise from operations under or in connection with the ~ Mobile Sales Unit License. Such insurance shall name the City as additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty~30~ days' SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 7 OF 39 DR~I FT advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $100,000.00 per occurrence property damage. b. Upon receipt of all application materials required by this section, the City Clerk shall refer the application to the Chief of Police, who shall cause an investigation to determine the validity and completeness of the information therein. The Chief of Police or his designee shall endorse upon the application the findings of the investigation and return it to the City Clerk. c. Upon receipt of the findings of the Chief of Police or his designee, but no later than ~~-4~}da3~s twen -one 21 calendar da s from the date of submission of the completed application and all application materials required by this section, the City Clerk shall either issue a City of Meridian Mobile Sales Unit License to the applicant or deny the application. Where the City Clerk denies an application far a City of Meridian Mobile Sales Unit License, he shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this section. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. d. The City Clerk shall deny an application for a Mobile Sales Unit License where: {1) The application is incomplete or required application materials or fees have not been submitted; (2} Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; {3) The applicant has been convicted of any misdemeanor related to motor vehicles; alcohol, drugs, or illicit substances; theft, fraud, deception, or illegal sales of any goods or services; (4) The applicant has been convicted of any felony or of any violation of this section; or (5} The applicant ~,~,.~.;,~ c,,,e,, rr~:. r :,,e~..~ is required by any law or legal order to register as a sex offender. e. Appeal of the City Clerk's issuance or denial of an application for a Mobile Sales Unit License may be made by any person. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDIiVANCE PAOE $ OF 39 DRAFT person within fourteen (14) days of such issuance or denial. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. Following a public hearing an the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue written findings supportingsuch decision. The City Council's decision on such appeal shall be a final decision, and maybe appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. L. l l +1 l '~' ' r n ~ «o~~.~ ..~ ~, refl~-a~•iC~2i~S8~R2- ~9iriEEe`ilisvtt~39 irce~ls2- + ! ~i 1 f~ +1. / s s . , • • a~~~h r + +1. r R 7 + rl 1 t, 11 >., a 1 J L~ L , _ « r +l.n, «_ , ..+ n•+ r3,Q11_t e „ ~«..1 a„ ^n ~n~ m~v hn ~tan~ .~.t .1 + n• +..: a n . + a • + +1, ~.,. ..F+6,o T, VIVIIV VA •~1V AM 3 J rr inl.« A .7... n+«nti. « D« 4LlIV (>YIIIIIIZal4iaf.I-YV .. ..,.,,.A a A + . ....~....A.. II.s ~., «~ f g-The City of Meridian Mobile Sales Unit License shall include, on its face: (1) The name{s} of the individual licensed to operate or act as a MostLE SALES UNIT within the City under such license; (2) A description of the goods and/or services that may be sold, traded, given away, offered, displayed, and/or delivered under such license; (3) The hours, locations, and means at and by which the MOBILE SALES UNIT is licensed to operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or deliveries under such license; and (4) The da#es during which such license is valid. Unless earlier revoked. such license shall expire three hundred sixty-five (365) days following the date,of issuance. g_~r.-A City of Meridian Mobile Sales Unit License shall not be required for: (1) FIRST AMENDMENT ACTNI'I'Y on public or private property. (2} A MO$II,E SALES UNIT that is invited to the premises or place at which goods and/or services are sold, traded, given away, offered, displayed, or delivered, where such invitation is extended by the occupant or owner of such premises or place. Such invitation maybe extended explicitly by such occupant or owner, or may be extended implicitly by such occupant or owner by such occupant or owner's transaction of business with such Mobile Sales Unit within the previous three hundred sixty-five (365) days. Such invitation may be revoked by such occupant or owner by explicit SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINAiVCE PAGE 9 OP 39 DR~I FT communication only, and shall be effective immediately, whether conveyed orally or in writing. (3) Any sale, trade, gift, offer, or display required by court order or by law. (4} The occasional sale by local school students of admission to a function of their school or of goads or services in support of a school program. h. jr.-The City Clerk may revoke a Mobile Sales Unit License where: (1) A term or condition of the license is violated by the license° °~ ~•• °^~• °~~'^••°° °•- {2) In the course of operating or acting as a MOBILE SALES UNIT, the licensee e~-~a~y violates a provision of this Chapter or of any other local, state, or federal law. (3) It is found, after issuance ofsuch license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. {4) The licensee is convicted of any misdemeanor related to motor vehicles; alcohol, drugs, or illicit substances; or theft, fraud, deception,. or illegal sates of any goods or services. (5} The license is convicted of any felony. {d) The licensee is required by any law or legal order to register as a sex offender. The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Mobile Sales Unit License application. Such revocation shall be effective immediately upon mailing by the City Clerk. Appeal of the City Clerk's revocation of an application of a Mobile Sales Unit License may be made by the licensee. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person within fourteen 14Zdays ofsuch revocation. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision, and maybe appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. B. Time of Operation of Mobile Sales Units. SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDItdAtVCE PAGE I O OF 39 flR,~Fr 1. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT at a time of day that is outside the scope of a valid, current Mobile Sales Unit License. 2. It shall be unlawful for any person to operate or act as a MOBILE SALES UNrT upon a date that is outside the scope of a valid, current Mobile Sales Unit License. C. Place of Operation of Mobile Sales Units. 1. It shall be unlawful for any person to operate or act as a MOBILE SALES Ulvrr~-mew °~•^'' ^~°-°~~^~ ^~ °~~~°~'-• at a location that is outside the scope of a valid, current Mobile Sales Unit License. 2. It shall be unlawful for any person to park any vehicle or mode of conveyance utilized in the operation or activity of a MOBILE SALES UNrr in violation of any generally applicable provision of Meridian City Code or local, state, or federal law. 3. It shall be unlawful for any person to operate or act as a MOBILE SALES UNrr or allow such operation or activity in any area of the City or in any manner prohibited by the Meridian Unified Development Code. 4. It shall be unlawfizl for any person to operate or act as a MOBILE SALES UNIT or allow such operation or activity in or on any City building, or City property other than a City Park, without the prior written or recorded consent of City Council. D. Manner of Operation of Mobile Sales Units. 1. It shall be unlawful for any person to operat , , or act as a MOBILE SALES UNIT if any required license, permit, and/or certification required for such operation or activity is expired or is not valid and current for any reason. 2. If the MO$ILB SALES UNIT is or utilizes a motor vehicle or other mode of transportation, a valid and current Mobile Sales Unit License shall be exhibited in a conspicuous place on such vehicle or other mode of transportation at all times during such operation or activity. Otherwise, a valid and current Mobile Sales Unit License shall be kept on the licensee's anceeyee's-person at all times during such operation or activity and shall be exhibited at any time upon request of any person. It shall be unlawful for any person to operate or act as a MOBILE SALES UNrr if a Mobile Sales Unit License is not exhibited as required by this section. 3. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT where such person is not specifically licensed under a valid, current Mobile Sales Unit License. 4. It shall be unlawful for any person operating or acting as a MOBILE SALES UN17~-eF to sell, trade, give away; offer for sale, trade, or giveaway; display goods or services for the purpose of sale, trade, or giveaway; or deliver SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 11 OF 39 DRAFT goods or services pursuant to such sale, trade, or giveaway goods or services that are outside the scope of a valid, current Mobile Sales Unit License. 5. It shall be unlawful for any person operating or acting as MOBILE SALES UNTf to operate a musical instrument or amplification device from such MOBILE SALES UNIT where such music or sound is audible beyond fifty feet (50') of the source of such music or sound. 6. It shall be unlawful for any person operating or acting as a MOBILE SALES UNIT to: a. Misrepresent his or her purpose or affiliation; b. Continue communications with a potential customer regarding a sale, trade, giveaway, or offer thereof after such customer has stated that he or she does not wish to participate in such transaction or further communicate with such MOBILE SALES UNIT. c. Represent the issuance of any license under this Chapter as an endorsement or recommendation of such licensed activity. E. Penalty. A violation of any provision of this Chapter shall be a misdemeanor, punishable by such fine and or imprisonment as established by Idaho Code. In addition to such penalty, any person violating, °"^°~~^, ^~ ^^••°~~^~ any provision of this Chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter continues or occurs maybe deemed a separate and distinct violation. F. Enforceioo~ent. Peace officers shall be empowered to enforce the provisions of this title. An officer may call upon the services of the planning, fire, parks or other appropriate city departments to assist in the enforcement of the provisions of this title or in an investigation of a suspected violation thereof. SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE I2 OF 39 r~RAFr 3-4-3: TE1VfPORARY USES: A. License and/or permit requirements. It shall be unlawful for any person to establish, operate, allow the operation or establishment of, or act as any TEMPORARY UsE without each and all of the following -licenses, permits, and/or certifications: 1. Any and all licenses, permits, and/or certifications required by local, state, or federal law. 2. Any and all licenses, permits, and/or certifications required by the Central District Health Department. 3. Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. 4. Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the Meridian City Code and/or the policies of the Meridian Parks and Recreation Department. 5. A City of Meridian Citizen's Use Permit, where applicable. 6. A City of Meridian Temporary Use Permit, except that a City of Meridian Temporary Use Permit shall not be required for the following activities, provided that this exception shall not exempt such activities from any other requirements of law: FIRST AMENDMENT ACTIVITY on public or private property; any sale, trade, gift, offer, or display required by court order or by law; GARAGE SALES; or fireworks sales. a. Application for a City of Meridian Temporary Use Permit shall be made to the City Clerk, and shall include a completed application farm provided by the City Clerk, which form shall include, but not be limited ta: (1}The name, address, and tax identification number of the applicant, and/or, if the applicant is a partnership, company, or corporation, the name, address, and corporate or tax identification number of such entity. Addresses required by this section shall include both local and corporate addresses, as well as both physical and mailing addresses. (2) The names and addresses of all employees and/or persons who will be establishing, operating, or acting as a TEMPORARY UsE within the City under the Temporary Use Permit. Addresses required by this section shall include both local and corporate addresses, and both physical and mailing addresses. (3) A description of the use, including any goods and/or services to be sold, traded, given away, offered, displayed, and/or delivered, or any activities or events scheduled to occur, under the Temporary Use Permit. SEP'I'EMBER2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 13 OF 39 ©R.~FT (4) A description of any structures that will be used in the course of activities, sales, trades, giveaways, offers, and/or displays under the Temporary Use Permit. (5) A description of any and all motor vehicles to be used by or in the course of the TEMPORARY--USE, including license plate state and number, make, model, color, and other means of identification of such vehicle{s). T T , .:.n~~}}. ~iS ' ~af~ 'gP -~ el ~i}CkF tiYY~1 F~ ~TT1' ' ' et~' ~ ' ' ' ' . , . i , , ° . - ~ R C7 I~.T.C [ Y7fC C C ° Y Y iti aauabv v ~ .ra (G) Site plan(s), floor plans, and/or map(s), which shall indicate the location(s) of any end ali components of the proposed TEMPORARY USE. including but not limited to, any and all items listed in this subsection. Where any material chance is made to an agproved plan prior to or upon set-up of the TEMPORARY usE an updated plan shall be submitted to the Citv and approved prior to operation of the use. The plan(s) and/or map(s) shall include, but need not be limited to, the following: (a) structures, (b) displays, c Dods (d) vendors, (e) scheduled events, (fl restrooms, (g) first aid stations, (h} drinking water sources, (i) garbage receptacles, (j)_ generators and any other mechanical equipment, (k) cooking equipment (1) TEMPORARY SIGNS, SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 14 Ofi 39 DRAF7" (m}devices of a carnival nature (e.g. pennants. strip sg _ of lights, ribbons, streamers, spinners, twirlerszpropellers, and bubble machined, (n) entrance%xit drives, (o} areas and surfaces upon which vehicles will be driven. (pl areas and surfaces upon which vehicles will be narked, and/or (q~sediment traces., (7} A description of the dimensions, quantity, and locations of any and all TEMPORARY SIGNS that will be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to the TEMPORARY USE. (8) Permission of owners of property upon which such TEMPO1ARY SIGNS will be installed, erected, posted, or displayed. (9) A description and/or schedule(s) of the hours, locations, and means at and by which activities, sales, trades, giveaways, offers, and/or displays will occur under the Temporary Use Permit. •- (14) Written permission of owners of all property ar properties upon, through, or across which such TEMPORARY USE shall operate and/or occur. { 11) A description of the plan for the management and/or control of persons and/or crowds at the site(s) of such TEMPORARY USE, including, but not limited to: the number and qualifications of any security personnel to be deployed; defensive and offensive equipment and/or techniques to be utilized by or available to such security personnel, including vehicles, weapons, and/or barriers; the method(s) by which persons or crowds will be moved, dispersed, and/or evacuated in the normal course of the TEMPORARY USE and/or in case of emergency; and the method{s) by which information will be relayed to persons and crowds at the site(s) of such TEMPORARY USE in case of emergency. (12) The plan for clean-up, tear-down, and/or removal of the TEMPORARY USE and the site{s) upon which it occurs or is operated, including, but not limited to, the removal of any and all: structures, displays, restrooms, TEMPORARY SIGNS, garbage, litter, ternporar~r ground cover, straw, and hazardous materials. Sediment traps may remain in place. (13) An agent upon whom service of process may be made in the State of Idaho. SEPTEiWBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 15 OF 39 Dl~~l FT (14) Application fee as set forth in fee schedule. The city council shall have the authority to waive in whole or in part the application fee when such a fee would present an unreasonable hardship. A request for a hardship waiver shall be made in writing, shall state the reasons for such request, and shall be delivered to the City-Clerk via U.S. Mail or in person.. Upon receipt of such request, the City Clerk shall schedule a public hearing on the request at a City Council meeting within thirty (30) days. The City Council's decision on such request shall be a final decision, and maybe appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. b. Upon receipt of all application materials required by this section, the City Clerk or designee shall determine, and shall endorse upon the application findings and determinations regarding: (1) The validity and completeness of the information therein; (2) Whether the proposed TEMPORARY UsE may be conducted in accordance with all applicable provisions of law, including, but not limited to, this chapter; and (3) Whether a violation of the Meridian Unified Development Code or of this chapter is occurring upon the property upon which such proposed TEMPORARY USE will occur. c. Upon issuance of the findings, the City Clerk or designee shall either issue a City of Meridian Temporary Use Permit to the applicant or deny the application. Where an application for a City of Meridian Temporary Use Permit is denied, the City Clerk or designee shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this section. Written notice of the denial shall be sent via U.S. mail or personally delivered to the applicant at the address set forth on the application. d. The City Clerk shall deny an application for a Temporary Use Permit where: (1 } The application is incomplete or required application materials or fees have not been submitted; (2) Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; (3} The proposed TEMPORARY USE will not be conducted in accordance with all applicable provisions of law, including, but not limited to, this chapter; or (4) A violation of the Meridian Unified Development Code or of this chapter is occurring upon the property upon which such proposed T~ORARY USE is proposed to occur. SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 16 oP 39 fl~~ Fr e. The City Clerk or designee shall issue or deny Temporary Use Permit within been ~l3}-werlc~g twenty-one l21) calendar days of receipt of a complete application for such license. f. Appeal of the City Cierk's issuance or denial of an application for a Temporary Use Permit may be made by erse~t the applicant within fourteen (14Zdays of such issuance or denial. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision, and maybe appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. g. The City of Meridian Temporary Use Permit shall include, on its face: (1} The name(s) of the permiee and any employees and/or persons permitted to operate or carry on a TEMPORARY USE within the City under such permit; (2} The time(s), date(s), place(s), and manner at and by which the TEMPORARY USE is permitted to occur; (3) A description of the structure{s) that maybe erected under such permit; (4) A description of the caretaker unit that maybe utilized for the purposes of security and maintenance of the site, if any; (5) A description of the permitted dimensions, quantity, and locations of any and all TEMPORARY 5IGN5 that maybe installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to the permitted TEMPORARY USE; and (d) Any and all other conditions of operation that are necessary to protect the public health, safety, and welfare and mitigate effects on surrounding property, including, but not limited to, effects of traffic, parking, noise, vibration, odor, light, glare, distraction to motorists, and/or dust. h. In addition to any and all other applicable civil or criminal penalties, the City Clerk may revoke a City of Meridian Temporary Use Permit where: (1} Any term or condition of the permit is violated by the penmitee or by any employee or person operating or acting under such permit. {2) In the course of operating a TEMPORARY USE, the permiee or any employee or person operating or acting under such permit violates a provision of this Chapter or of any other local, state, or federal law. SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 17 of 39 DR~I FT (3) It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor. (4) The site, set-up. and/or operation of the TEMPORARY UsE and/or any component thereof varies materially from the approved site plan. The City Clerk shall notify the permitee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Temporary Use Permit application. Such revocation shall be effective immediately upon mailing by the City Clerk. i. Appeal of the City Clerk's revocation of an application of a Temporary Use Permit may be made by the permitee. Such appeal shall be made by City Council in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such appeal, the City Clerlc shall schedule a public hearing on the appeal at a City Council meeting within thirty {30) days. The City Council's decision on such appeal shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. B. Standards for All TEMPORARY USES. The following regulations on the time, place, and manner of TEMPORARY USES shall apply generally to any and all TEMPORARY USES. 1. Failure to obtain Temporary Use Permit. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY UsE requiring a Temporary Use Permit wi#hout first obtaining a City of Meridian Temporary Use Permit. 2. Compliance with Temporary Use Permit. It shall be unlawful for any permitee or any employee or person acting under a Temporary Use Permit to violate or fail to comply with any term, condition, or standard set forth in such City of Meridian Temporary Use Permit. 3. Time of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY UsE requiring a City of Meridian Temporary Use Permit at any time or upon any date other than that designated in a valid City of Meridian Temporary Use Permit. 4. Place of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY U5E requiring a City of Meridian Temporary Use Permit at any place other than that designated in a valid City of Meridian Temporary Use Permit. 5. Manner of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY UsE requiring a City of Meridian Temporary Use Permit in any manner other than that designated in a valid City of Meridian Temporary Use Permit. SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 1$ OF 39 fl~,~Fr ~. Tr. ~,m~n ~ ~nyS__Tc•~__;+ ~1,.n11_~ ,,,,1 .,.,.x,7 +.... e.-.,~ .. .,11..... +1, .~ ..«~,...+E:., ...,~..,.. +.. '.~~.i ~aEa~+ ~: > > s s ~ Parlrin~, driviin~: and access. Any person operating or causing_the operation of any TEMPORARY UsE, whetlier or not a City of Meridian Temporary Use Permit is re uy fired for Such TEMPORARY USE, shall: a. Provide adequate off street parking to serve such TEMPORARY USE. No TEMPORARY UsE shall displace the required off street pazking spaces or loading azeas of the rinci al ermitted uses on the site exce t where street closure is a roved ursuant to a validly-issued City of Meridian Citizen's Use Permit. b. Prohibit and revert the o eration and/or arkin of vehicles on combustible surfaces or materials. c. Provide driving and/or parking surfaces that are designed to prevent traffic hazazds and nuisances. d. Between June 1 and October 31, inclusive, operate, park, or allow the operation or parking of motorized vehicles only on surfaces composed of one of the following materials: (1) Concrete. (2) Asphalt. {3) Grasscrete. (4) Pavers. (5) Bricks. {6} Macadam. (7) Natural turf. (8) Recycled asphalt, where such material is approved for the site's„principal permitted use by a certificate of zoning compliance validly issued b ty he Cit roof Meridian. {9) Gravel or soil treated with environmentallysafe chemical soil stabilizer or chemical dust suppressant. SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 19 OF 39 DRAFT e. Between November 1 and May 31, inclusive, operate, park, and/or allow the o eration or arkin of moto 'zed vehicles onl on surfaces corn osed of one of the following materials: (1) Concrete. - (2) ASUha1t• (3) Grasscrete. {4) Pavers. (5} Bricks. (6) Macadam. (7) Recycled asphalfi, oniv where such material is approved for the site's principal permitted use by a certificate of zonin compliance validly issued by the City of Meridian. (8} Natural tuff, gravel, or soil, only where all entrance and exit drives to the site are either paved or include sediment traps at each and every transition between paved to unpaved surfaces that meet the-following standards: (a) Each sediment trap shall be constructed and maintained in a manner that effectively prevents trackingand/or flow of mud, soil. and/or sediment onto public ri is-of-wav. It shall be unlawful to allow mud or soil to be tracked or to flow onto public ri is-of--wav from the site of a temporary_nse. (b)_ Each sediment trap shall extend the full width of the entrance and/or exit drive. (c~ Each sediment trap shall be a minimum length of feet (3Q'Z (d) Each sediment trap shall include asix-inch (6") base laver of fractured stone over the entire width and ienRth of the sediment trap. 7. Vision triangle. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY UsE to cause or allow structures, signs, merchandise, or any other material utilized in the operation or occurrence of such TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY UsE, to interfere with the clear vision triangle. 8. Right-of--way. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE to operate or cause Or allow the operation Or SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 20 OF 34 DRAFT occurrence of any TEMPORARY USE within the public right of way, unless otherwise authorized by a validly issued City of Meridian Citizens Use Permit. 9. Required buffer landscape areas. Unless otherwise approved, it shall be unlawful for any person to operate or cause or allow the operation or occurrence of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, within required street buffer far arterial and collector roadways and/or land use buffer landscape areas. 10. Structures. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY UsE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY UsE, to: a. Construct or cause the construction of any permanent structure. b. Place, construct, or cause or allow the placement ar construction of any structure that would not otherwise be permitted by a generally applicable provision of law or city code. c. Fail to remove a structure utilized in the operation of such TEMPORARY USE at the end of the time period allowed by a City of Meridian Temporary Use Pernut or by other law. d. Place, construct, or cause or allow the placement of structures utilized in the operation or occurrence of any T~PORARY UsE within the required setback, required land use buffer, and/or the required street buffer for arterial and collector roadways. 11. Caretaker unit. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to: a. Establish and/or utilize more than one caretaker unit. b. Establish and/or utilize a caretaker unit for purposes other than site security or maintenance. c. Fail to remove any caretaker unit at the end of the time period allowed by a City of Meridian Temporary Use Permit or by law. ,S~I~,E,Ad~-e~-~73r_~ii~ i ~n+;..« ..~ ~«~, Tr.~,~~1n_w nv T Tea :.1. ~l.e.. ~ !'~'E.. ~ Pr{~crGfTTC/TTr/ZRRT~iTR~a"1.~T6[ tIl'1-G'J~~VP1ZOaiOrv~~"i`1V i"R-C71Tl~Ti A d.. '.~' .. T T T D '4 ,n s «~.a ~ L. Tn~ Rnr~n • nv 1 Tnr. ....vwa.,." circ~icrrai~a~~s~r°crnrcrra i "carrLZVSVam-ccrvs~ SEPTEMBER 2009 UPDATE OUTDOOR SALES AtvD TEMPORARY USES ORDINANCE PAGE 21 OF 39 DRAFT ~rx,«^,,.,a ..,.......n+,4 4.. .. ..,i:a~~.:n ,tea r:4....~Ad~,.:a:.L., r'~;+: .,.,„o T i n .....:4 ~ e ~ 'r~Y6R De.,.,..l~a n .LL.,.14.,,, et3~~-~.,o.. e' .,,.1.. ~ ~. , , ~ ~ f1nlV wher F n,,.,t. ...n 4.,..:n~ ....~,,..,~a ~ ,.4L.e ..:4.,9n ««:.,,.:«.,1 _.~ •4+ a 1. . ne.-4:~.,o4e vvL LL;LVK~\I ~~~...,:«.. ~!^ LiO;l;l;~ ..,...Y.,.1;.,.,.,~ ...,l; -VV;l al., :L.,,.,,.a 1,.. 4L+.-. /'~:4.. ...F Ad 'a' 12. ~: Noise. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE to fail to shield compressors, fans, pumps, or other motorized equipment in a manner that minimizes noise levels to adjoining properties. It shall be unlawful for any person operating or causing ar allowing the operation of any TEMPORARY UsE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to locate or operate a compressor, fan, pump, or other motorized equipment within one hundred feet (100') of a residential district. 13. ~4: Site conditions. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE to operate or conduct such TEMPORARY USE iri a manner that fails to provide for waste collection and disposal, including, but not limited to, debris, garbage, food or organic products, hazardous or toxic materials or byproducts, and signs. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY UsE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to fail to remove waste from any TEMPORARY USE site. 14. ~ Unobstructed sidewalk. Where a sidewalk or pedestrianway is obstructed in the course of the conduct of a TEMPORARY UsE, a minimum width of four feet (4'} of such sidewalk or pedestrianway shall remain unobstructed. Where the conduct of a TEMPORARY UsE obstructs a sidewalk or pedestrianway, it shall be unlawful for any person operating or causing ar allowing the operation of such TEMPORARY USE to fail to ensure that a minimum width of four feet (4') of such sidewalk or pedestrianway remains unobstructed. C. Standards for Specific TEMPORARY USES. In addition to the Standards for All TEMPORARY USES as set forth above, the following standards for time, place, and manner of operation or occurrence of specific TEMPORARY USES shall also apply. 1. Standards for SUBDIVISION MODEL HOMES. a. Where a structure is both a SU$DNISION MODEL HOME and a SU$DNISiON REAL ESTATE SALES OFFICE, such structure shall be subject to the standards for a SUBDIVISION MODEL HOME. SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINAiVCE PAOE 22 OF 39 c~R~~r b. A SUBDNISION MODEL HOME shall be located at or upon a lot or lots within the subdivision containing the lots and/or dwellings of which such SU$DNIS[ON MODEL HOME serves as an exhibit or example. It shall be unlawful to operate or cause the operation of a SUBDNISiON MODEL HOME at or upon a lot or lots which is/are not within the subdivision containing the lots and/or dwellings of which such SUBDNISION MODEL HOME serves as-an exhibit or example. c. A SUBDNISION MODEL HOME shall be located only within a structure that is suitable for sale and/or use as a residential dwelling unit. It shall be unlawful to operate or cause the operation of a SUBDNISION MODEL HOME within a structure that is not suitable for sale and/or use as a residential dwelling unit. While such residential dwelling unit is temporarily used as the SUBDN[SION MODEL HOME, such unit shall meet any and all applicable standards for commercial occupancy and shall obtain any and ail permits required by Title 10 of this Code. It shall be unlawful to operate or cause the operation Of a SUBDIVISION MODEL HOME where such SUBDNISION MODEL HOME does not meet all applicable standards for commercial occupancy or without any and all permits required by Title 10 of this Code. d. The principal use of the SUBDNISION MODEL HOME shall be as an exhibit or example of lots and/or dwellings within the subdivision or planned unit development in which the SUBDNISION MODEL HOME iS located. It shall be unlawful for any person to use or allow the use of a SUBDIVISION MODEL HOME as a financial institution of any sort, including as an appraisal, Ioan, or closing office. e. A SuBDMSION MODEL HoME may be operated only until there are no newly constructed lots or dwellings for sale or rent within the subdivision in which the SUBDIVISION MODEL HOME is located. It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME where no lots ornewly-constructed dwellings are for sale or rent within the subdivision in which the SUBDNISION MODEL HOME is located. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a SUBDNISION MODEL HOME. (1 } No more than One (1) TEMPORARY SIGN per one (1) SUBDNISION MODEL HOME shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such SUBDMSION MODEL HOME. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than one (1) TEMPORARY SIGN per one (1) SUBDNISION MODEL HOME identifying, promoting, advertising, or directing patrons to Such SUBDMSION MODEL HOME. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SUBDNISION MODEL HOME shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the SEPTEMBER 2009 UFDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 23 OF 39 DRAFT installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDNISION MODEL HOME where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDNISION MODEL HOME upon any property other than that property upon which the SUBDNISION MODEL HOME iS located. {4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a SUBDNISION MODEL HOME shall be removed withintwenty-four (24} hours of the conclusion of such TEMPORARY UsE. 2. Standards for SUBDIVISION REAL ESTA'I~ SALES OFFICES. a. Where a structure is both a SUBDMSION MODEL HOME and a SUBDNLSION REAL ESTATE SALES OFFICE, such structure shall be subject to the standards for a SUBDNISION MODEL HOME. b. The operation of a SUBDIVISION REAL ESTATE SALES OFFICE without the following valid and current licenses, permits, and/or certifications shall be unlawful: (1) A City ofMeridian Temporary Use Permit. (2) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. c. A SUBDNISION REAL ESTATE SALES OFFICE shall be located at or upon a lot or lots within the subdivision containing the lots and/or dwellings being sold from such SUBDNISION REAL ESTATE SALES OFFICE. It shall be unlawful to operate or cause the operation of a SUBDIVISION REAL ESTATE SALES OFFICE at upon a lot or lots which is/are not within the subdivision containing the lots and/or dwellings being sold from such SUBDIVISION REAL ESTATE SALES C}FFICE. d. The principal use of the SUBDNISION REAL ESTATE SALES OFFICE shall be the sale of lots and/or dwellings within the subdivision or planned unit development in which the SUBDNISION REAL ESTATE SALES OFFICE is located. It shall be unlawful for any person to use Or allow the use of a SUBDNISION REAL ESTATE SALES OFFICE as a financial institution of any sort, including as an appraisal, loan, or closing office. e. A SUBDNISION REAL ESTATE SALES OFFICE may remain only until there are no newly constructed lots or dwellings for sale or rent within the subdivision in which the SUBDMSION REAL ESTATE SALES OFFICE is located. It shall be unlawful to operate or cause the operation of a SUBDNISION REAL ESTATE SALES OFFICE where no lots or newly constructed dwellings are for sale or rent unless such SU$DIVISION REAL SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 24 OF 39 IRA FT ESTATE SALES OFFICE is converted to a dwelling in accordance with all applicable provisions of law, including Title 10 of the Meridian City Code. £ A SUBDIVISION REAL ESTATE SALES OFFICE Shall meet any and al] applicable standards for commercial occupancy and shall obtain any and alI permits required by Title 10 of this Code. It shall be uniawfizl to operate or cause the operation of a SUBDNISION REAL ESTATE SALES OFFICE where SUCK SUBDMSION REAL ESTATE SALES OFFICE does not meet all applicable standards for commercial occupancy or without any and alI permits required by Title 10 of this Cade. g. The following provisions shall apply to any and all TEIVIPORARY SIGNS related to a SUBDNISION REAL ESTATE SALES OFFICE. {1) No more than one (1) TEMPORARY SIGN per one (1) SUBDNISION REAL ESTATE SALES OFFICE shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such SUBDNISION REAL ESTATE SALES OFFICE. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than one (1) TEMPORARY SIGN per one {1) SUBDNISION REAL ESTATE SALES OFFICE identifying, promoting, advertising, or directing patrons to such SUBDNISION REAL ESTATE SALES OFFICE. (2} The area of any TEMPORARY SIGIaI installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SUBDNISION REAL ESTATE SALES OFFICE shall not exceed sixteen (1~ square feet, It shall be unlawfixl for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDIVISION REAL ESTATE SALES OFFICE where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDNISTON REAL ESTATE SALES OFFICE upon any property other than that property upon which the SUBDMSION REAL ESTATE SALES OFFICE is lOCated. {4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a SUBDNISION REAL ESTATE SALES OFFICE shall be removed within twenty-four (24} hours of the conclusion of such TEMPORARY UsE. 3. Standards for PROMOTIONAL SALES UNITS. a. The operation of a PROMOTIONAL SALES UNIT without the following valid and current licenses, permits, andlor certifications shall be a violation of this Chapter: SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PARE 25 OF 39 r~R,~Fr (1 } A City of Meridian Temporary Use Permit. (2) A City of Meridian Cifiizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, and/or certifications from the Central District Health Department. _ {4) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. b. It shall be unlawful to operate or cause the operation of a PROMOTIONAL SALES UNIT in a residential district. c. Only a PROMOTIONAL SALES UNIT directly associated with the principally permitted use on the site on which it is located shall be allowed; for example, a sidewalk sale or tent sales associated with an existing retail establishment shall be allowed. It shall be unlawful to operate a PROMOTIONAL SALES UNIT at any place or in any manner that is not directly associated with the principally permitted use on the site on which such PROMOTIONAL SALES UNIT is located. d. Sales by a PROMOTIONAL SALES UNrr shall be limited to a period of time not to exceed one hundred and sixty (160) days per calendar year. e. A PROMOTIONAL SALES UNIT and the property on prat which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County Highway District or other transportation authority. ' f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a PROMOTIONAL SALES UNIT. (1) No more than two (2} TEMPORARY SIGNS per one (1) PROMOTIONAL SALES UNIT 'shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such PROMOTIONAL SALES UNIT. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) TEMPORARY SIGNS per one (1) PROMOTIONAL SALES UNIT identifying, promoting, advertising, or directing patrons to such PROMOTIONAL SALES UNrT. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT shall not exceed thirty-two (32} square feet. It shall he unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT where the area of such TEMPORARY SIGN exceeds thirty-two (32) square feet. SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 26 OF 39 DRAFT (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT upon any property other than that property upon which the PROMOTIONAL SALES UNIT is located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT shall be removed within twenty-four (24) hours of the conclusion of such TEMPORARY UsE. 4. Standards for TEIVIPOx~-RY INDOOR EVENTS. a. The operation of a TEMPORARY INDOOR EVENT shall be unlawful without the following valid and current licenses, permits, and/or certifications: {1) A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Fermit, where ap lip cable. (3) Any and all applicable licenses, permits, and/or certifications from the Central District Health Department. (4) Anv and all applicable licenses, permits. inspections, and/or certifications from the Idaho Tax Commission. (5} Any and all licenses, permits, and/or certifications required by Title 1Q of the Meridian Citv Code. (b) Written consent of the owner of the property on which the TEMPORARY INDOOR EVENT is to be located. b. It shall be unlawful to operate or cause the operation of a TEMPORARY INDOOR EVENT in a structure that is solely approved for residential occupancy. c. TEMPORARY INDOOR EVENTS shall be limited to a period of time not to exceed three f3) days per event. d. A TEMPORARY INDOOR EVENT and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County Highway District or other transportation authority e. The followins? provisions shall apply to any and all TEMPORARY SIGNS related to a TEMPORARY INDOOR EVENT. (1) No more than two !2) TEMPORARY SIGNS per one (1 }TEMPORARY INDOOR EVENT shall be installed, erected, posted, or displayed for the purpose of identifying, SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 27 OF 39 DRAFT promoting, advertising, or directing patrons to such TEMPORARY INDOOR EVENT. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) TEMPORARY SIGNS per one (1) TEMPORARY INDOOR EVENT identifying, promoting, advertising, or directing patrons to such TEMPORARY INDOOR EVENT. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directingpatrons to a TEMPORARY INDOOR EVENT shall not exceed sixteen (16) square feet. It shall be uniawfiil for any person to install. erect, post, or display or to allow or cause the installation, erection, postin or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a TEMPORARY INDOOR EVENT where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) It shall be unlawful far andperson to install, erectpost, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifiring_promoting, advertising, or directing patrons to a TEMPORARY INDOOR EVENT upon any property other than that property upon which the TEMPORARY INDOOR EVENT is located. (4) Any and all TEMPORARY SIGNS identifyingLpromoting, advertising, or directing patrons to a TEMPORARY INDOOR EVENT shall be removed within twen -four 24) hours of the conclusion or close of such TEMPORARY UsE. 5.4.-Standards for TEMPORARY SAt,ES UNrfS. a. The operation of a TEMPORARY SALES UNrr shall be unlawful without the following valid and current Licenses, permits, and/or certifications: (1 } A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicable. (3} Any and all applicable licenses, permits, and/or certifications from the Central District Health Department. (4} Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. (5) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian Gity Code. (6) Written consent of the owner of the property on which the TEMPORARY SALES UNIT is to be located. SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 28 OF 39 I.~RA FT b. It shall be unlawful to operate or cause the operation of a TEMPORARY SALES UNiT in a residential district. c. For TEMPORARY SALES UNITS that stay on the site for the full duration of the use, such.uses shall be Iirnited to a period of time not to exceed sixty {d0) days, whether such days are consecutive or not, per..property per calendar year. The location of a TEMPORARY SALES UNrr on a site for any portion of a day shall constitute one (1}day for purposes of this section. d. TEMPORARY SALES UNITS may utilize no more than one {1 }structure. Such structure shall not exceed seven hundred (700) square feet. It shall be unlawful to utilize more than one (1) structure in the operation of a TEMPORARY SALES UNIT. It shall be unlawful for any structure utilized in the operation of a TEMPORARY SALES UNIT to be more than seven hundred (700) square feet. It shall be unlawful to utilize any structure in the operation of a TEMPORARY SALES UNrr without any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. e. A TEMPORARY SALES UNrr and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County Highway District or other transportation authority. £ The following provisions shall apply to any and all TEMPORARY SIGNS related to a TEMPORARY SALES UNIT. •• {1) No more than two {2) TEMPORARY SIGNS per one (1) TEMPORARY SALES UNIT shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such TEMPORARY SALES UNTT. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) TEMPORARY SIGNS per one (1) TEMPORARY SALES UNIT identifying, promoting, advertising, or directing patrons to such TEMPORARY SALES UNrr. (2} The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNIT shall not exceed sixteen (1 ~ square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNTf where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNIT upon any property other than that property upon which the TEMPORARY SALES UNIT is located. SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 29 OF 39 DR~I FT (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNIT shall be removed within twenty-four (24} hours of the conclusion or close of such TEMPORARY USE. 6. Standards For SPECIAL. EvtJNTS: a. It shall be unlawful for an ORGANIZER of a SPECIAL EVENT, or any person, to conduct, allow, organize, advertise, promote, or cause to be advertised or promoted a SPECIAL EVENT without the following: (1) A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and alI applicable licenses, permits, inspections, and/or certifications from the Central District Health Department. (4) Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. {5) Any and all licenses, permits, inspections, and/or certifications required by Title 10 of the Meridian City Code. (6) Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the Meridian City Code and/or the policies of the Meridian Parks and Recreation Department. (7) Written consent of the owner(s) of any and all property or properties on which the SPECIAL EVENT is to occur. (8) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from alI claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the SPECIAL EVENT. Such insurance shall name the City as additional insured, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $500,000.00 per occurrence property damage. b. No provision of this section shall preclude the application of any and all other licensing andlor other applicable provisions of local, state, or federal law to any SPECIAL EVENTS ORGANIZER, nor exempt any vendor Or participant In a SPECIAL EVENT from compliance with any and all other licensing or other applicable provisions of local, state, or federal law, except that where a SPECIAL EVENT includes MOBILE SALES UNITS, such MOBILE SALES UNITS shall be exempt from the SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 30 OF 39 1~R~t FT requirement to obtain City of Meridian Mobile Sales Unit License, provided that this exemption shall apply only to such MO$tLE SALES UNITS represented on the site plan(s) or map(s) submitted by the ORGANIZER in application for a validly issued City of Meridian Temporary Use Permit; and further provided that such exemption shall apply only for the time, at the place, and in the manner specified for such SPECIAL EVENT in a validly issued City of Meridian Temporary Use Permit. c. SPECIAL EVENTS shall be allowed for a period not to exceed fourteen (14) days within any ninety (90) day period. d. It shall be unlawful for any person to conduct, allow, or organize a SPECIAL EVENT in a residential district, except that: (1) Neighborhood events or block parties shall be permitted in residential districts without a Temporary Use Permit, although a City of Meridian Citizen's Use Permit may be required. (2) SPECIAL EVENTS involving a route, such as races, parades, or marches maybe permitted in residential districts, so long as such SPECIAL EVENTS both start and end in nonresidential districts. e. The following provisions shall apply to any and all TEMPORARY SIGNS related to a SPECIAL EVENT. -- {1) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN or TEMPORARY SIGrtS where the quantity or dimensions thereof exceed the limitations set forth in this section. No more than two hundred {200) TEMPORARv SIGNS with an area not to exceed six (6) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT. No more than twelve (12) TEMPORARY SIGNS with an area not to exceed thirty-two (32) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT. (2) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT upon any property without the permission of the owner of such property. (3) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT shall be removed within twenty-four (24} hours of the conclusion or close of such SPECIAL EVENT. 7. ~:-Standards for OUTDOOR MARKETS: SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE FAGS 31 OF 39 DRAFT a. It shall be unlawful for an ORGANIZER Of an OUTDOOR MARKET, or any person, to conduct, allow, organize, advertise, promote, or cause to be advertised or promoted an OUTDOOR MARKET without the following valid and current licenses, permits, and/or certifications: (1) A City of Meridian Temporary Use Permit. {2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, inspections, and/or certifications from the Central District Health Department. {4) Any and alI applicable licenses, permits, inspections, and/or cert~cations from the Idaho Tax Commission. (5) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian Ciry Code. (6} Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the Meridian City Code andlor the policies of the Meridian Parks and Recreation Department. (7) Written consent of the owner of the property on which the OUTDOOR MARKET is to be located. (8) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the OUTDOOR MARKET. Such insurance shall name the City as additional insured, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $500,000.00 per occurrence property damage. b. It shall be unlawful for any person to conduct, allow, or organize an OUTDOOR MARKET in a residential district. c. OUTD04R MARKETS shall be allowed in any nonresidential district on one (1}day per week. It shall be unlawful for any person to conduct, allow, or organize an OUTDOOR MARKET on more than one (1) day per week. d. The following provisions shall apply to any and all TEMPORARY SIGNS related to an OUTDOOR MARKET. SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORD1AfANCE PAGE 32 OF 39 1~R~{FT (1) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN or TEMPORARY SIGNS where the quantity or dimensions thereof exceed the limitations set forth in this section. No more than twenty (20) TEMPORARY SIGNS with an area.not to exceed six (6) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons t0 an OUTDOOR MARKET. No more than four (4) TEMPORARY SIGNS with an area not to exceed thirty-two (32) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET. (2} It shall be unlawfiil for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET upon any property without the permission of the owner of such property. (3) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET shall be removed within twenty-four (24) hours of the close of such OUTDOOR MARKET. $. Standards for GARAGE, YARD A1~D SIMILAR SALES. a. It shall be unlawful for any person to•conduct a garage sale at any one (1) address: (1) At which four (4) or more garage sales have been conducted by any person within the preceding three hundred sixty-five (365) days. (2) At which a garage sale has been conducted by any person within the previous thirty (30) days. (3) For longer than three (3) consecutive days. (4) Between the hours of 10:00 p.m. and 6:00 a.m. b. Persons conducting garage sales shall comply with all provisions of this chapter and any and all applicable provisions of law. c. All GARAGE SALES shall be directly associated with a residence on the site of such garage sale. It shall be unlawful for any person #o hold a GARAGE SALE on or at any vacant or unoccupied property and/or building, except where facts exist to support the affinnative defense that such person: (1) Is the owner of record of such property and/or building, or (2) Prior to such GARAGE SALE, has obtained written permission of the owner of such property and/or building for the garage sale, which permission shall include the SEPTEMBER 2UO9 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 33 of 39 DR~I FT scope of such permission, including specific reference to the date{s), address, and location of the garage sale; and the owner's signature and date. Any person claiming exemption under subsections (a) or {b) of this section shall bear the burden of proving that such exception applies. d. GARAGE SALES held by or for the benefit of charitable ornon-profit organizations shall not be exempt from the provisions of this chapter. e. It shall be unlawful far any person to conduct a garage sale in any manner which creates a hazard to public health or safety. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a GARAGE $ALE. (1) No more than four (4) TEMPORARY SIGNS per one { 1) GARAGE SALE shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such GARAGE SALE. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, pasting, or display of more than four (4) TEMPORARY SIGNS per one (1) GARAGE SALE identifying, promoting, advertising, or directing patrons to such GARAGE SALE. (2} The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or dvrecting patrons to a GARAGE SALE shall not exceed six {6) square feet. It shall be unlawful for any person to install, erect, past, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a GARAGE SALE where the azea of such TEMPORARY SIGN exceeds six (6} square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a GARAGE SALE upon any property without the permission of the owner of such property. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a GARAGE SALE shall be removed within twenty-four (24} hours of the conclusion or close of such TEMPORARY USE. D. Penalty. A violation of this Chapter shall be an infraction punishable by a penalty of one hundred dollars ($100). In addition to such penalty, any person violating, allowing, or causing any provision of this Chapter shall be subject to any and all other applicable admitistrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter occurs and/or continues may be deemed a sepazate and distinct violation. SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 34 of 39 DR~f T E. Enforcement. Peace officers and/ar code enforcement officers shall be empowered to enforce the provisions of this chapter. An officer may call upon the services of the planning, fire, parks and recreation or other appropriate city departments to assist in the enforcement of the provisions this chapter. An officer may investigate any use or activity which he or she reasonably believes. violates the provisions of this chapter. If an officer reasonably believes that a provision of this chapter has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho Infraction Rules, which are incorporated herein by this reference. 3-4-4: CITIZEN'S USE PERMIT A. In addition to other applicable provisions of this Title or of other laws, City of Meridian Citizen's Use Permit shall be required prior to the operation or execution of a planned ar foreseeable commercial, recreational, or expressive activity, event, or gathering of persons which: 1. Changes, attempts to change, or has a tendency to change the normal flow or regulakion of pedestrian or vehicular traffic upon or in the streets, or sidewalks; or 2. Takes place, whether entirely or partially on a street or sidewalk located within the City and will likely result in some or total obstruction of such streets or sidewalks; or 3. Requires for its successful execution the provision and coordination of City services to a degree over and above that which the City normally provides. 4. A City of Meridian Citizen's Use Permit shall not be required for funeral processions. B. It shall be unlawful to operate or execute, or cause the operation or execution, of an activity, event, or gathering of persons requiring a City of Meridian Citizen's Use Permit: 1. Without a valid City of Meridian Citizen's Use Permit. 2. At any time or upon any date other than that designated in a valid City of Meridian Citizen's Use Permit. 3. At any place other than that designated in a valid City of Meridian Citizen's Use Permit. C. Application for a City of Meridian Citizen's Use Permit shall be made to the City Clerk, and shall include the following: l . A completed application form provided by the City Clerk, which form shall include: a. The name, address, and telephone number of the applicant and/or the organization on whose behalf the applicant is applying. SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 35 OF 39 DR~1 FT b. The dates} and time(s) at which the activity or event will occur. c. The location(s) at which the activity or event will occur, and/or the route{s) that the activity or event-will follow, including street names, numerical blocks, and a map thereof . _ d. The number of persons, vehicles, floats, animals, and/or other forms} of presentation, display, conveyance, and/or transport to be included in the activity or event. e. A description of security and safety plans and measures to be implemented at or in the course of such activity and/or event, including, security personnel, barricades, traffic andlor crowd control measures, cones, and/or directional signage. 2. License fee per fee schedule, which fee shall be summarily waived by City Council upon a showing by applicant that applicant is or represents: a. Anon-profit organization exempt from federal income tax under 26 U.S.C. §§ 501(c)(3), 501{c)(6) or b. A governmental entity. 3. Applicant's agreement to indemnify, save and hold harmless, and defend the City and the Ada County Highway District from the expenses of and against any and all suits, actions, claims, and/or losses of every kind, nature, and description, including costs, expenses, and attorney fees that may be incurred by reason of any act, omission, neglect, or misconduct of applicant or its participants in the use of the locations} and/or route(s) at or upon which the activity or event will occur. 4. Applicant's certification that damage to the properties, locations, and/or routes at or upon which the activity or event will occur is not foreseeable, and that, if damaged, applicant shall incur the costs of restoring the original condition of such properties, locations, and/or routes. 5. Written approval of the Ada County Highway District of such activity or event, including any proof of insurance that is required by the District. D. Upon receipt of all application materials required by this chapter, the City Clerk shall: SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 36 OF 39 flR,~Fr 1. Refer such application to the Police Chief, the Fire Chief, and the Mayor for their review and recommendation regarding approval or denial of the application. The Police Chief, the Fire Chief, and the Mayor shall recommend approval of such application absent a finding that the proposed activity or event would be harmful to the public health, safety, or welfare. - 2. Submit courtesy copies of the application to the Ada County Sheriff s Office and the Idaho Department of Transportation. E. Upon receipt of the recommendations of the Police Chief, the Fire Chief, and the Mayor, the City Clerk shall either issue a City of Meridian Citizen's Use Permit to the applicant or deny the application. F. Where the City Clerk denies an application for a City of Meridian Citizen's Use Permit, he shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this chapter. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. The City Clerk shall deny an application for a City of Meridian Citizen's Use Permit where: 1. The application is incomplete or required application materials or fees have not been submitted; 2. Investigation of such application or applicatian materials reveals that provided information is invalid, false, or incomplete; 3. The Police Chief, Fire Chief, or Mayor recommends denial. G. All application materials for a City of Meridian Citizen's Use Permit must be received by the City Clerk at least twenty-one (21}calendar days prior to the proposed activity or event. The City Clerk shall issue or deny a City of Meridian Citizen's Use Permit within fourteen (14} days of receipt of a complete application for such license. H. Appeal of the City Clerk's issuance or denial of an application of a City of Meridian Citizen's Use Permit may be made by any person. Such appeal shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such appeal. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at the next regularly scheduled City Council meeting. Following a public hearing on the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue written findings supporting such decision. The City Council's decision on such appeal shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. I. The City of Meridian Citizen's Use Permit shall include, on its face: 1. The names} of the permitee; SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 37 OF 39 r~~Fr 2. The date{s) and time(s) during which such permit is valid; 3. The location(s) and/or route{s) that the permitee shall be authorized to use under the permit; and - 4. Any and all conditions to which the permitee and/or participants shall be required to adhere in the course of planning and/or executing such activity or event. J. The City Clerk may revoke a City of Meridian Citizen's Use Permit where: 1. A term or condition of the license is violated by the permittee or by any employee or person operating or acting under such permit. 2. In the course of the activity or event for which the permit was issued, the permitee or any employee or person operating or acting under such permit violates a provision of this chapter or of any other local, state, or federal law. . 3. It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing addressset forth in the application. Such revocation shall be effective immediately upon mailing by the City Clerk. K. Appeal of the Ciry Clerk's revocation of an application of a City of Meridian Citizen's Use Permit may be made by the permitee. Such appeal shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such appeal. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within fourteen {14) days. The City Council's decision on such appeal shall be a final decision,. and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. L. Penalty. A violation of this chapter shall be an infraction punishable by a penalty of one hundred dollars ($100). In addition to such penalty, any person violating, allowing, or causing any provision of this Chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter continues or occurs may be deemed a separate and distinct violation. M. Enforcement. Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this chapter. An officer may call upon the services of the planning, fire, parks or other appropriate city departments to assist in the enforcement of the provisions this chapter. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this chapter. If an officer reasonably believes that a provision of this chapter has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 3$ OF 39 DR~1 FT upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho Infraction Rules, which are incorporated herein by this reference. 3-4-5: SEVERABILITY: If any provision, clause, sentence, or paragraph .of this title or the application thereof to any person or circumstance shall beheld to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or section of this chapter, which shall remain in full force and effect, and to this end, the provisions of this title are hereby declared to be severable. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage. PASSED by the City Council of the City of Meridian, Idaho, this day of 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2009. APPROVED: Tammy de Weerd MAYOR ATTEST: Jaycee Holman CITY CLERK SEPTEMBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 39 OF 39 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Cell Phone Policy AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: 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. September 22, 2009 ITEM NO. 6C~ COMMENTS See Attached CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.2.2 SUBJECT: USE OF CITY ,FAX A~COPY MACHINES, AND COMPUTERS PURPOSE: To outline specific guidelines regarding the use of City-owned equipment such as ~e~es; fax and copy machines, computers, etc. POLICY: As per SOP 6.2, all City-owned equipment shall be used sele~y for the purpose of meeting the City's operational and business purposes. No unauthorized personal use of City equipment shall be allowed. AUTHORITY & RESPONSIBILITY: Supervisors and department liead~s Directors are responsible to ensure that all City-owned equipment and resources within their areas of responsibility are used selely for business purposes. PROCEDURES AND RELATED INFORMATION ~'. D°ci~ciiixl~c~~~c'i~e$••••lc-~sri~-iirir`y~#~e-H~~de-~~es" *a-gem-i~c telex I. GENERAL OFFICE EQUIl'MENT AND MACHINES Fax, copy, and other machines are to be used sele~y for business purposes. I~III. COMPUTERS A. Computers are to be used sell-} for business purposes. All computer equipment, including but not limited to records, software, and equipment City property. B. The City shall have the right to monitor the use of such property at any time. Users shall not have any expectation of privacy as to the use of City computers including but not limited to a-mail communications and Internet information that is drafted, accessed, received, sent, forwarded, copied or downloaded. Nothing contained on Ci computers shall be deemed private or confidential to the user. C. The City, at all times, reserves the right to conduct searches and inspections and otherwise monitor all computer-related information, data, communications, all files stored in City networks owned or leased by the City, or on any other storage medium provided by the City for City business including but not limited to floppy disks, tapes, and compact disks in order to monitor compliance with this policy. D. Employees are not to place personal copies of software or data on any City computer without prior authorization. E. The City may remove any unauthorized grogram, file, or data on a city computer at any time without notice to the user. IV. VOICE MAIL A. The City's voice mail systems are designed to increase productivity and efficiency, and should be used accordingly. When using voice mail, employees are required to be courteous and respectful. ~°~~~ B. .Passwords should be kept confidential, Department Directors maX have a list of all employee passwords within the department. Passwords may be changed to maintain security. C. The Ci may randomly monitor messages to determine whether any unauthorized persons are using the system, or whether any violations of City policy have occurred. CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.2.6 SUBJECT: PERSONAL OR CITY ISSUED CELL PHONES PURPOSE: The purpose of this policy is to provide a set of guidelines governing the altereat~ve use of both personal or ci , issued cel)d~telephones by City employees and to provide guidelines, criteria and conditions for reimbursement e€ for business use of personal cel).~ telephones. POLICY: While at work, employees are to exercise the same discretion in using personal cells phones as they do for City-eyed issued cell phones. Excessive personal calls during the workday, regardless of the phone used, interfere with employee productivity and can be distracting to others. Therefore, excessive personal calls (regardless of the phone used) during an employee's workday are prohibited. p~~is-No rights or continuing obligations shall be established by this olicY AUTHORTTY & RESPONSIBII.ITY: Department Directors have the authority and responsibility to manage their employees and the need and use of cell phones for City business. Department Directors are responsible to ensure that employees that need to use cell phones to conduct City business are doing so and that the usage and need is appropriate. Directors have the final approval over whether an em l~oyee is provided a city issued cell phone, reimbursed for the use of their personal cell phone, or whether the employee can use their personal cell phone during work time. PROCEDURES AND RELATED INFORMATION I. DESK TELEPHONES A. City telephones are to be used for business purposes. All incoming or out oing sal personal telephone calls must be of short duration. ~: E Formatted: Strikethrough Formatted: Strikethrough II. CELL PHONES A. CITY ISSUED 1. PHONES ISSUED TO A LOCATION VEHICLE OR POSITION Some city issued cell phones are assigned to a location, vehicle, or position. (i.e. settler's park splash pad, fire engine; on-call responder) The purpose of these phones is to perform the necessalyduties or responsibilities of the assignment. These phones may only be used for business purposes only Personal use of these phones is strictly prohibited. Use of the city phone to notify a family or household member of the work schedule or related business information is allowed. 2. PHONES ISSUED TO INDIVIDUAL EMPLOYEES The City recogpizes the need to assign phones to individual employees based upon the needs of their position. The City may also not want employees that are assigned phones to also carry personal cell phones in the work place at the same time. Employees that are assigned Citesissued cell phones may be prohibited from using a personal cell phone during their work. Personal use of the City cell phone during business hours must be approved by the Director. If personal use is allowed then employees will be assessed the IRS taxable benefit percentage for the assigned phone. If allowed during, work hours then all incoming or outgoingpersonal telephone calls must be of short duration, but can never interfere with the employees' assigned work. B. PERSONAL CELL PHONE ~. REIMBURSEMENT Some employees may need to use cell phones to conduct legitimate City business and such use is regazded as a necessity. Such employees may akeady have a cell phone and service for their personal use. It is cumbersome and generally undesirable to carry two cell phones; therefore, in these cases, the City,~ill may provide a cell phone allowance e€___ ~r5 per month for employees who must regularly use his/her personal cell phone for work purposes, subject to the following conditions: a. The Department Director must first authorize the employee to use his/her personal cell phone for City business. An authorization form shall be signed by the Department Director_ . t-The employee uman Deleted: ' ~ Formatted: Indent: Left: 0.5", Flrst line: 0.5" Formatted: Indent: Left: 1" Formatted: Strikethrough Fom~atted: 5trikdhrough Formatted: Underline Resources, and Finance and shall retain a copy of this authorization form. The authorization form will identify the employee and the employee's personal cell phone number. b. Employees utilizing this policy and receiving compensation for { Formatted: Indent: Flrst line: o" personal cell phone use for City business will be expected to maintain the cell phone in good working order and be available for City business calls as needed and as reasonably expected. c. Employees' cannot receive a reimbursement that is greater than thet Formatted: Indent: Flrst line: 0" total cost of the monthly service. Employees are not reimbursed for anX tax paid for the cell service. If granted bathe Director, reimbursement for cell service shall be a minimum of $10.00 and a maximum of $50.00. The amount may not vary from month to month. Any reimbursement over $50.00 per month must be annroved by the Mayor. t LFormatbed: Indent: Left: 1" d. The employee is responsible for turning in theme necessary ~ Formatted: Indent. Flrst line: 0" documentation of his/her cell phone bill to document that the employee Formatted: stnkethrough still has the cell phone to his/her supervisor and to request their reimbursement. t Formatted: Indent Left: 1" E~~ e. The City will not be liable for the loss of personal cellular phones ~ { Fomratbed: Indent: Flrst line: 0" brought into or used in the workplace. Formatted: Indent: Left: i" f. The employee is responsible for the administration and payment of- Fommatted: Indent: Flrst Tine: 0" all personal cellular phone bills and in no way will create financial liability for the City beyond the amount agreed to by the Department to be paid as the stipend. tz Employees that receive reimbursement shall be taxed on the entire - Formatted: Indent: Flrst line: 0" amount of the reimbursement. C BLACKBERRY/"SMARTPHONE" or SIMILAR SERVICE Formatted: Indent: Left: 1" Certain employees may be assigr-ed/allowed "Blackberry" or Smartphone or similar service on their cell phone. If necessary the City maypurchase the necessary device for this service. If purchased by the City then the device shall remain the property of the Ciry. The employee maybe reimbursed for this service if the service is provided on the employees' personal cell phone. This reimbursement shall not be taxed. The amount may not vary from month to month. This reimbursement is separate from the reimbursement for cell service. If the service becomes unnecessary the City shall no longer provide reimbursement. The reimbursement provided by the City shall establish an~~ht by the employee to receive it. The City may decide to eliminate the reimbursement or change the conditions of it at anY tune. MODIFICATION OR TERMINATION The City reserves the right to modify or terminate any and all conditions of this policy depending upon changing needs as defined by the City. SC/.~~~® MERIDIAN CITY COUNCIL MEETING September 22, 2009 APPLICANT ITEM NO. 6C2 REQUEST MDC Encroachment Easement AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: 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 Aftached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. AOA crouianr al;COflaER d. aAVla NAVAIiAO ~~_. At~uM .~ ~ eolsE IoAlta a ~~:~ AM aEPUiY Yldd Allan ~II 1'~I'iI~~II~IIII~I'IIII~~~t~I'll REt~ROEa- REl1UEST OF 10~ i 11 ~S6 M~idian City ENCROAC)FIlVIENT EASEMENT AGREEMENT THIS INDENTURE, made this ~? ~ay of .~..~i ~~LQ09 between the City of Meridian, an Idaho Municipal Corporation and hereinafter referred to' as "Grantor", and the Meridian Development Corporation, hereinafter referred to as "Grantee." WITNESSETH: WHEREAS, Grantor holds certain sewer easements in South Main Street in Meridian between East Franklin Road and East Water Tower Lane; and, WHEREAS, Grantee has constructed certain streetscape improvements in Grantor's easement, including but not limited to street lighting, landscaping, and associated appurtenances; and, WHEREAS, Grantee's placement of the streetscape improvements in Grantor's easement creates the potential to interfere with emergency repairs, routine maintenance and necessary improvements to Grantor's sewer pipeline; and, WHEREAS, Grantor is willing to allow the streetscape improvement to remain in Grantor's sanitary sewer easement in exchange for an agreement from grantee regarding removal of the encroachments when needed for sewer repairs, maintenance, and improvements. NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee an encroachment easement to allow the streetscape improvements to remain in Grantor's sanitary sewer easement on South Main Street between East Franklin Road and East Watertower Lane, Meridian, Ada County, Idaho. Grantor retains its right of access to its sanitary sewer, together with its maintenance, repair and replacement at the convenience of the Grantor, with the fine right of access to such facilities at any and all times. Grantee shall have the right to use and enjoy the surface of the easement except when such use interferes with the rights and privileges retained by Grantor. TO HAVE AND TO HOLD, the said encroachment easement unto the said Grantee, it's successors and assigns forever, unless and until said landscape improvements are removed and not replaced or otherwise abandoned for a period of two (2) years upon which occurrence this encroachment easement shall automatically cease and terminate and Grantee shall, if requested by the Grantor, release the same of record. Encroachment Agreement IT IS EXPRESSLY UNDERSTOOD ANA AGREED, by and between the parties hereto, that this encroachment agreement is made subject to the following terms and conditions: 1. The City of Meridian will take ail reasonable steps to work around and not disturb street lighting, landscaping, and associated appurtenances during emergency repairs, routine maintenance, or sewer improvements, however, the City of Meridian is solely responsible to make the determination as to what is considered reasonable. 2. In the event that the City of Meridian determines it must disturb street lighting and landscaping to perform emergency repairs, routine maintenance, or sewer improvements, Meridian Development Corporation agrees to be solely responsible for the cost of repairing or replacing disturbed or damaged streetlights, landscaping, and associated appurtenances except if the cost was incurred as a result of the negligent or willful act or omission of Grantor, its successors, assigns, agents, employees, or contractors. 3. In the event that sewer pipeline repair or improvement activities are planned in advance, the City of Meridian agrees to coordinate removal and replacement of street lights, landscaping, and associated appurtenances, in an effort to reduce impacts and costs. Meridian Development Corporation wil! be financially responsible for all removal and relocation costs. Grantee agrees to release, indemnify, defend and hold harmless grantor against any and all claims, demands, and causes of action arising in favor of any person, corporation, or governmental entity, because of a personal injury or damages to property resulting from any acts or omission of grantee, its employees, contractors, subcontractors, or agents in the course of construction and maintenance of the streetscape improvements or use of the easement except if caused by the negligent or willful act or omission of Grantor, its successors, assigns, agents, employees, or contractors. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. THE GRANTOR does hereby covenant with the Grantee that they are in lawful possession of the easement on the aforementioned and descrihed tract of land, and that they have a good and lawful right to convey said encroachment easement. IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first herein above written. (signatures on following page] GRANTOR: CITY OF MERIDIAN Encroachment Agreement 2 ., .. ~~ Attest aycee Holman, City Cle~1c SEAL = Approved By City Council On: %~„~,~,, STATE OF IDAHO, ) . 55. County of Ada ) On this ~ day o 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared L~ and JAYCEE 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. C.! v 1N WITNESS WHEREOF,1 have hereunto set my hand and affixed my official sea! the day and ~'S year first above written. ~ _ D. ~at~RY ....: pUa~~G ~b~ ~~ Q ~ ~O~i~' GRA E; ME IAN DEV ELOPMENT CORPORATION Name• Title: GLa~4 ljGoc~~ G~fa•GrT.4~l STATE OF ~~ ) . ss. ,A-,J Z ~~~ Encroachment Agreement 3 County of Q`..r On this ~ day of 2449pp~~ before me, the undersigned, a Notary Public in and for said State, per ~•onally appeared l:- known or identified to me to be the of the Corporation that executed the within instrument, and acknowledged to me that such Corporation executed the same. [N WITNESS WHEREOF, I have hereunto set my hand and ~ axed my official seal the day and year fist above written. ~ ~ ~~~~~ (SEAL} NOTARY PI3~iL~IC FOR ~,,•.+••••.. Residing at: ~.•~~~ W ARp~~ Commission Expires: .• .; 2~~ f~ _. ~~TARr S ~•~ ~+ !~ Encroachment Agreement MERIDIAN DEVELOPMENT CORPORATION THE URBAN RENEWAL AGENCY OF THE CITY OF MERIDIAN RESOLUTION N0.09-070 BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, A/IC/A THE MERIDIAN DEVELOPMENT CORPORATION: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, APPROVING THE ENCROACHMENT EASEMENT AGREEMENT BETWEEN THE MERIDIAN DEVELOPMENT CORPORATION AND THE CITY OF MERIDIAN, AUTHORIZING THE EXECUTION OF THE ENCROACHMENT EASEMENT AGREEMENT BY THE CHAIRMAN OR VICE-CHAIRMAN AND SECRETARY; AUTHORIZING ANY TECHNICAL CHANGES TO THE ENCROACHMENT EASEMENT AGREEMENT; AUTHORIZING THE ABMINISTRATOR TO TAKE ALL NECESSARY ACTION REQUIRED TO IMPLEMENT THE ENCROACHMENT EASEMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION, made on the date hereinafter set forth by the Urban Renewal Agency of the City of Meridian, Idaho, an independent public body corporate and politic, authorized under the authority of the Idaho Urban Renewal Law of 1965, as amended, Chapter 20, Title S0, Idaho Code, a duly created and functioning urban renewal agency of the City of Meridian, Idaho, hereinafter refenred to as the "MDC:' WHEREAS, the MDC, an independent public body, corporate and politic, is an urban renewal agency created by and existing under the authority of and pursuant to the Idaho Urban Renewal Law of 1965, being .Idaho Code title 50, chapter 20, as amended and supplemented, and the Local Economic Development Act of 1988, being Idaho Code, Title 50, Chapter 29, as amended and supplemented (collectively the "Act"); WHEREAS, the MDC was established by Resolution No. 01-367 ofthe City Council of the City of Meridian, Idaho (hereinafter the "City Council"), adopted July 24, 2001; WHEREAS, the City Council of the City of Meridian, Idaho (the "City"), on October 8, 2002, after notice duly published, conducted a public hearing on the Meridian Revitalization Plan (the "Revitalization Plan"); WHEREAS, following said public hearing the City adopted its Ordinance No. 02-987 on December 3, 2002, approving the Revitalization Plan and making certain findings; RESOLUTION N0.09-070 - 1 WHEREAS, ACHD is constructing a new intersection at Main, Central and Waltman and rebuilding the existing roadway on Main Street from I-84 to Franklin Roads, Ada County, Idaho, known as Phase One of the Meridian Split Corridor Project, Project No. 506040 (hereinafter referred to as the "Meridian Split Corridor Phase One Project'. The Meridian Split Corridor Phase One Project consists of construction of the southern portion of the Split Corridor Roadway Project and reconstruction of the Main/Waltman/Meridian/Central intersection project identified in the Downtown Meridian Transportation Management Plan; WHEREAS, MDC and the City are constructing certain landscape improvements including the design and installation of decorative street lighting, to be incorporated into a portion of the Meridian Split Corcidor Phase One Project; WHEREAS, the City holds certain sewer easements in Sauth Main Street in Meridian between East Franklin Road and East Water Tawer Lane; and; WHEREAS, MDC has constructed certain streetscape improvements in the City's easement, including but not limited to street lighting, landscaping, and associated appurtenances; WHEREAS, the City contends MDC's placement of the streetscape improvements in the City's easement creates the potential to interfere with emergency repairs, routine maintenance and necessary improvements to the City's sewer pipeline; WHEREAS, the City is willing to allow the streetscape improvement to remain in the City's sanitary sewer easement in exchange for an agreement from MDC regarding removal of the encroachments when needed for sewer repairs, maintenance, and improvements; WHEREAS, MDC staffand the City have drafted an Encroachment Easement Agreement (the "Agreement") setting forth the details concerning the scope of the proposed encroachment easement; WHEREAS, the Board of Commissioners finds it in the best public interest to approve the Agreement as described and summarized at the September 9, 2009, Board meeting. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, A/K/A THE MERIDIAN DEVELOPMENT CORPORATION, AS FOLLOWS: Section I : That the above statements are true and correct and the Board specifically determines entering into the Agreement with the City is in the best interest of MDC. i n 2: That the Agreement, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, be and the same hereby is approved along with revisions authorized by the Board at its September 9, 2009, Board meeting. Section 3: That the Chairman, Vice-Chairman, and Secretary of MDC are hereby authorized to sign and enter into the Agreement and, further, are hereby authorized to execute all necessary documents required to implement the actions contemplated by the Agreement subject RESOLUTION N0.09-070 - 2 to representations by MDC staff and MDC's legal counsel that all conditions precedent to actions, and any necessary technical changes tv the Agreement, or other documents, are acceptable upon advice from MDC's legal counsel that said changes aze consistent with the provisions of the Agreement and the comments and discussions received at the September 9, 2009, MDC Boazd meeting; the Administrator is further authorized to appropriate any and all funds contemplated by the Agreement and to perform any and all other duties required pursuant to said Agreement. Section 4: That this resolution shall be in full force and effect immediately upon its adoption and approval. PASSED AND ADOPTED by the Urban Renewal Agency of the City of Meridian, Idaho, a/k/a the Meridian Development Corporation, on September 9, 2009. Signed by the Chairman of the Board of Commissioners, and attested by the Secretary to the Board of Commissioners, on this 9th day of September 2009. APDD llS/DT. By ATTEST: 1 .1 5 By ~~ RESOLUTION N0.09-070 - 3 MERIDIAN CITY COUNCIL MEETING September 22, 2009 APPLICANT ITEM NO. 6CS REQUEST Recommendations from Solid Waste Advisory Committee AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: 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 4'~~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Mertdlan. Community Recycling Fund Application Review Form The Solid Waste Advisory Committee to the City of Meridian has made the following recommendation regarding distributing expenditures from the Community Recycling Fund. Organization: Review Date: Meridian Fire Department September 8, 2009 33 East Broadway Ave. Suite 204 Meridian, ID 83642 Amount Requested: Proposed Project: $571.25 Reusable Bags for Educational Products Application Date: Amount Awarded: September 2, 2009 Reviewed By: Date Presented to Council: September 22, 2009 Charlie Rountree Steve Siddoway Tax ID # Bill Nary 82-6000225 Tom Barry Notes: Nancy Mann Karie Glenn t Bill Nary ( ~~~ Date _ i; Corr~munifiy Recycling Fun+~ A-~pli~rafii.on •~`~~~:.:';,,~.: ~=. This .aptabcatibn is io b8 pompieted by organisations appl~ir)g tot. cotT-rriunity recycling fuiiditig. Please note: We can ;only constider wppllcation's €or projbcts wffhin ~fJleridlari city, liridfs; svhtch pertciln fo. recyciing; which• have a fi:l matthfng cor~npon2nt; and ~wfitcli coniain tecycte~d con€ent•if cj~r#icdb[e; •A sign:tciust b~ plcrCetf'oMi ar.near the pro~~e~t stating thaf.it~was funded in.lOart•bY the AReridlan curf25ide reeycling.pr©gram. Piea5e reivrn comfileted application fo Soriifary Services, Cb, 21~k w, Frgri.lstiri;Road; lvteridian, Idc~t~o, 83642~or tax°io' $t38-5f3~2. • . .~ COrggnizotlorf Name ''/'`Y? ~.~ r • , 't Q .-~ !'-r~r1 '~~. ~rlJ ~t.~c.,~,-7t-rYi:d:.i~ '7~- Address ~ .3 :~ ~_ .~ r- s off ~ rz / ~[::~.~ ~..) f~'r`2 ~2C.! Cit~+ _ .. ~"~.~~ r!~ ~~Gt__~-•~ 5ta.te -~--.i. Fip Code .:.~:(o ~:~ Contact Name•and Title. ~~. f~.rrr. ,~ ~Y r•.~;:Cca:-~-r rare ~. ~r~~r~ ~n~'~r c~.r Phone l~iiimber : ~~ ~- :yr~ g - a N.~'-..~. . Eisx hdurr~l~r __ ;,ZL~S - ~ ~:J~-..D 3 9~7 Describe your.grganizafipn's purpose. Aitoch additior~a! sheets if neeeiecl, ~'L-: 7Y~ G.Y~r e~~GtV'-~ •~ r G ~tl.?G'~.~ rr-cir~ f" ,~ ~~'Q t ~~ '~'-;:` ~ r r ~~.7~CC ~+ a.i~ D'esCdtie the comri'iurii#y recycling octivit}r -you •would like .fo have supported: Attach: add;#ionai: sheets •if ne®ded Please provlCle rnanutaciurers inf~m. gt#on forthe items iabe usecJ in the project. etis.~ ~ d rt rtes ''~-~e-. ~?iZ ~tv. au a ~ ~J . ~ • . .. '`'ti`s ~ ~ . ,~It c~ Tatdl funzts•req .. ~ 'e . c.l~. : ~ et ~~ r: 4 ~ , ~r.a..f ~ !C /^~ S o r:.~p-e;e,,a-- -y-l,•.-z~ ury~ .~~ ~7 Z•~ .~ ? 7 /. ~? J Toial esfimated cost of prt~ject~ /'+~/~ ..S.[~ .. .. pesc~ibe how the cornrnunity recycling. furx#s will be usc+d,~lhe sctiecEule fbr ;lie projec#; Arid ho~i the t:l rriafchirtg corrtribution,~wili fie deter`inlrsetl.. Attach:add{tloncsl sheets if needed.. .G~.S ic.a.a:.~.L ~,'~.:~ ~t..•s3.r~p~.. 7~ k C ~.ar~a..~ `'~~ • ' GL U/~ .. L ~ f X~"1 G~... G h u~t .. • .. ai,.~ ..;r-z` ~ ic..77/c}~ ~,/ ~~.'.. ~? o !"lGe-~~ ~i~ ~ f`--~ 9'(:.~::r:.t' ~!3'~ ..' f -iL 2? ~''~ - "t' tit-+`~.~i ... .. ... Describe. #he: signage fhai will •be used: [.plaque, stonding sign. etej, ancJ ~tlte locafion; Aftach gdditicsnal sheets .if needed, 'We would, like the -sign fo read: L#r~sert aaoflcant) thanks 'the cifliens of the City of Meridian for their •efforts tftrough the'Curbside' Re~cycling:Piogram to Help .fund i~Is firisert.prolect).. EST. finserF Year) f p~rryy Slgnature:ot Contact P.ersan ~!~'a*~ (J...E'.:~L_ Date ~. (Mte trust have asignature ia.process.your.requestj. ~.7 r. LAC-;rt~.~ 4-/!3 t.~ ~~r~y~.~ ~~~~/1 -~ [.~.i'~ ~4i"1 Page ~ of l 8i''If2009 Qi•tJer ~cl~ndtivli;~a~~ntent 1na~e>iCe.rt. # Gustorrter :In~ormatian faeuSeTliisl3ag:>voin Meridian Fire Depaiiment 8:1.1 N. Catalina rive, St®. 2~~6 ~Nartae;CrO: Pam Drr Redondo Beaeti, CA.g0277 33 East Broadway Ave STE #~2ti4 P: Tfii) 815 8070 Address: McHdiarr; IC} 83872 ~: 888 827 6031 Business iQeliveiy Rhone2D8>8$8 7234 ~rrtall /address: porn@meridiancity.org In Fiends date .of Sept 2~iti t'?ua~~tity Qe$cr'iption Unit f'1-ic4 Tx}•tn.R ~0{l PrtUS Cyrs~cery Bags: ~VitFit"fE x.1.89 598b:0q Orie CoEar Imprint; (3ne Stile PM.S # 185 REl7 'fQ0 Grains Gortvert.Logo to Adobe lllnstrator $35:C}p 6 Siiipping~ $19.2.5.0 i~siyriic~:itt,:rii~thod: Visa4li11aster:Ga~rd, Arne~c, ~~eck ~'oai CC # Security Cotfe: $.1,1q~,8v C=xji'i~aiiori Date: i=ull Name: Cii~r~t SignatErre dill to Address i~f:GG: data Representative:. Joe Prussaclt Aa[icles: ~1~//C:iDocun7erits aiid Settngs\ort-piL~QCa~ ~ettin~slTem~oraty Internet Fifes~Ol.I~?UtRTB.,. 9/3.1~QU9 MERIDIAN CITY COUNCIL MEETING September 22, 2009 APPLICANT ITEM NO. 6D1 REQUEST Trash Rates for Fiscal Year 2010 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: 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. MERIDIAN CITY COUNCIL MEETING September 22, 2009 APPLICANT Rick Shackleford ITEM NO. 8A REQUEST Public Hearing for Treasure Valley Veterinary Hospital CPA 09-004 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: 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 1 ~~ ~ CC Q~c~--~ o~. C Cu,P ~ ~ ~ Contacted: Ross Erickson, P.E. Date: 9/21 /2009 Phone: _ Emailed: ross fericksoncivil.com Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. MERIDIAN CITY COUNCIL MEETING September 22, 2009 APPLICANT Rick Shackleford ITEM NO. 8B REQUEST Public Hearing for Treasure Valley Veterinary Hospital AZ 09-002 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: 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: Ross Erickson, P.E. Date: 9/21 /2009 Phone: _ Emailed: ross ,.,ericksoncivil.com Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Attached ~`- ~ ~~ ~ ~ ~~~ MERIDIAN CITY COUNCIL MEETING September 22, 2009 APPLICANT Rick Shackleford ITEM NO. SC REQUEST Public Hearing for Treasure Valley Veterinary Hospital VAR 09-003 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: 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: Ross Erickson, P.E. Date: 9/21 /2009 Phone: _ Emailed: rossCa~ericksoncivil.com Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING September 22, 2009 APPLICANT Rick Shackleford ITEM NO. 8D REQUEST Public Hearing for Treasure Valley Veterinary Hospital CUP 09-007 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: ~ L~~rr/~ C~~ /~.Cl~ 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: Ross Erickson, P.E. Date: 9/21 /2009 Phone: Emailed: toss ericksoncivil.com Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. MERIDIAN CITY COUNCIL MEETING September 22, 2009 APPLICANT Brighton Corporation ITEM NO. 8E REQUEST Public Hearing for Bainbridge RZ ~9~~~3 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: 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: Michael D. Wardle COMMENTS See Attached R~~~a~~~ '~~ ~ Date: 9/21 /2009 Phone: 208-287-0512 Emailed: mwardle@brightoncorp.com Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. MERIDIAN CITY COUNCIL MEETING September 22, 2009 APPLICANT Brighton Corporation ITEM NO. 8F REQUEST Request for Final Plat for Bainbridge Church Subdivision FP 09-~~6 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: 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: Michael D. Wardle Date: 9/21 /2009 Phone: 208-287-0512 Emailed: mwardle@brightoncoro.com Staff Initials: Materials presented of public meeflngs shall become property of the Cffy of Mertdlan. MERIDIAN CITY COUNCIL MEETING APPLICANT Armstrong Consulting REQUEST Public Hearing for Macha Retail Plaza CPA O9-OO5 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: 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: Gerry Armstrong Date: 9/21 /2009 Phone: 208-954-1972 Emailed: armstrona7448Cc~msn.com Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. September 22, 2009 ITEM NO. SG MERIDIAN CITY COUNCIL MEETING September 22, 2009 APPLICANT Armstrong Consulting ITEM NO. 8H REQUEST Public Hearing for Macha Retail Plaza AZ 09-003 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT:. CITY WATER DEPT: CITY SEWER DEPT: /~j ~ / ~1~~~~1~ ~~~~~ CITY PARKS DEPT: / ~ / ,• ~ ~ ~~ MERIDIAN SCHOOL DISTRICT: / ~ ,, ~ l/" `"'' ~ 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: Gerry Armstrong Date: 9/21 /2009 Phone: 208-954-1972 Emailed: armstrong7448 ,rmsn.com Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING APPLICANT September 22, 2009 ITEM NO. ~ O/~1 REQUEST Executive Session per Idaho State Code 67-2345 (1) c 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 Cffy of Meridian.