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HomeMy WebLinkAbout2009-12-15E IDIAN=-- CITY COUNCIL MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, December 15, 2009 at 6:00 PM WORKSHOP MEETING 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by David Snyder with Life Christian Fellowship 4. Adoption of the Agenda 5. Consent Agenda Approved A. Approve New Beer and Wine License for Walgreen Co. 1. Walgreens #06200 located at 1570 E. Fairview Ave. 2. Walgreens #10197 located at 3150 W. Cherry Lane 3. Walgreens #10604 located at 1625 S. Meridian Rd. 4. Walgreens #11452 located at 3263 N. Eagle. Rd. 5. Walgreens #11687 located at 4850 N. Linder Rd. B. Independent Contractor Services Agreement with Pipeline Inspection Services for the FY2010 Manhole Retrofits Project for aNot-to-Exceed Amount of $150,000.00 Meridian City Council Workshop Agenda -Tuesday, December 15, 2009 Page 1 of 4 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. Cooperative Agreement Between Valley Regional Transit and City of Meridian D. Contract For Purchase Of Records In Bulk -Commercial Vehicle Registration Records and a Contract For Purchase Of Records In Bulk -Motor Vehicle Title Records E. Task Order #10145 with Civil Survey Consultants, Inc. in accordance with master agreement dated on November 14, 2006, for engineering consulting services in conjunction with the EagleNictory Rd. intersection utility improvements project for aNot-to-Exceed Amount of $11,905.00. 6. Community Items /Presentations A. Presentation of Citizen Hero Appreciation Certificates B. Presentation on Master Street Map and Transportation and Land Use Integration Plan (TLIP) Coordination with the Ada County Highway District (ACRD) Update; discuss draft Master Street Map and implementation strategy. 7. Department Reports A. Mayor's Department: Community Liaison Update 2. Mayor's Youth Advisory Council Update 3. Department of Environmental Quality (DEQ) Air Quality Update 4. Air Quality Initiatives Update 5. Air Quality Board Report B. Legal Department Server Training Ordinance Update C. Parks Department 1. Administrative Policy: Metai Detecting in Parks Meridian City Council Workshop Agenda -Tuesday, December 15, 2009 Page 2 of 4 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. D. Public Works and Legal Departments 1. Bittercreek Lift Station and Pipeline Purchase Agreement Motion passed to approve purchase agreement with additional staff comments included for a not to exceed amount of $374,288.64. 8. Other Items A. Public Hearing: Adopt PY2008 CDBG CAPER Adopted B. Continued Public Hearing from June 9, 2009: Meridian and Amity AZ 08-005 and VAR 08-008 by Hawkins Companies Located at the Northwest Corner of West Amity Road and South Meridian Road Continued to March 2, 2010 and motion approved for Developer to pay for re-noticing the project 1. Continued Public Hearing: AZ OS-005: Meridian and Amity - Request for Annexation and Zoning of 73.10 acres from RUT in Ada County to R-15 (Medium High Density Residential)(5.68 acres), L-O (Limited Office) (3.22 acres) and C-C (Community Business)(33.47 acres) Zoning Districts 2. Continued Public Hearing: VAR 08-008: Meridian and Amity -Request for a Variance to UDC 11-3H-4 Which Prohibits New Approaches From Directly Accessing a State Highway to Allow Two Right-in/Right-out Access Points (approximately 660 Feet from the North and South Intersections) and One Right-in/Right-out/Left-in Access Point at the 1/4 mile to State Highway 69/Meridian Road South of Harris Street 9. Continued Department Reports A. Planning Department 1. Summary Staff Report of ACHD 2011-2015 Draft A of Five Year Work Plan 2. Overland Road Design -Median and Access Discussion with Staff and Property Owners Motion to send message with Planning Department staff to ACRD meeting that Meridian City Council Workshop Agenda -Tuesday, December 15, 2009 Page 3 of 4 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. Council would prefer 5th lane in center be used as a turn lane and not as a median at this time. 3. Energy Grant Project Prioritization 4. Planning Department Strategic Plan Discussion 10. Ordinances A. Ordinance No. 09-1436: Sign Code Revisions Approved 11. Other Items A. Executive Session as per Idaho Sate Code 67-2345 (1)(f) - To Consider and Advise its Legal Representatives in Pending Litigation (a) - (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office): and (b) - (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student): Into Executive Session at 10:35 p.m. Out of Executive Session at 11:10 p.m. Motion to Amend the Agenda to add two items: • Request for payment to Commercial Painting for a Contract with the City for $8,229.60 Approved • Authorize the Mayor to Notify Virtus of Ending of Contract with Virtus and the City of Meridian and to Give them a 30-Day Notice Approved Adjourned at 11:13 p.m. Meridian City Council Workshop Agenda -Tuesday, December 15, 2009 Page 4 of 4 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 Workshop Meeting December 15, 2009 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, December 15, 2009, by President Charlie Rountree. Members Present: Mayor Tammy de Weerd, President Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Jacy Jones, Anna Canning, Sonya Wafters, Tom Bany, Jeff Lavey, Ron Anderson, Caleb Hood, Steve Siddoway, Pete Friedman, Lucas Cavener, Robert Simison, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Rountree: Good evening. I will open this evening's workshop, Tuesday, December 15th, at 6:01. We will start the meeting with roll call attendance. City Clerk. e Item 2: Pledge of Allegiance • Rountree: Next item, if you'd all join us in the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by David Schneider. Rountree: This evening we have the community invocation by David Schneider. Is David here? There he is. Welcome. Schneider: Thank you. De Weerd: It's been awhile. Schneider: It's been awhile. How are you? De Weerd: Very good. Schneider: Let's pray. Father, bless you for your goodness to us. Lord, you continue to show us favor in this city and we thank you for it. Let us pray that, Lord, in these times when we are finding that nothing, Lord, is stable with the exception of you, that you would cause everyone here tonight to look up to you and trust in your goodness to • us. I pray your continued protection over the City of Meridian and continued wisdom Meridian City Council December 15, 2009 Page 2 of 85 and guidance for the people, the Mayor, the City Council, and all who lead, your protection for the police, your protection for the fire department and all of the services, Lord, that are provided for the blessing of these people. I bless you, Lord, for your continued faithfulness to us, in the name of your son Jesus, amen. Item 4: Adoption of the Agenda. Rountree: Thank you. Next item is the adoption of the agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: On the agenda we'd like to add an item under seven, the Department Reports, A, Mayor's Department, I'd like to add an Item 3, which will be a report from the Department of Environmental Quality. I think I saw him here. Don't see him right now. There he is. Okay. And under Item 8-B, Items 8-B-1 and 2 have been requested to continue to March 7, 2010. Item 10-A, the ordinance number is 09-1436. Item 11 for the Executive Session that we already had planned, we need to add a couple of items. The agenda says Idaho State Code 67-2345(1)(f), we need to add (1)(a) and (1)(b) for other items of discussion. And with those changes I move we adopt the agenda. Hoaglun: Second. Rountree: It's been moved and seconded to adopt the agenda. All those in favor? Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve New Beer and Wine License for Walgreen Co. 1. Walgreens #06200 located at 1570 East Fairview Avenue 2. Walgreens #10197 located at 3150 West Cherry Lane 3. Walgreens #10604 located at 1625 South Meridian Road 4. Walgreens #11452 located at 3263 North Eagle Road 5. Walgreens #11687 located at 4850 North Linder Road B. Independent Contractor Services Agreement with Pipeline Inspection Services for the FY2010 Manhole Retrofits Project for aNot-to-Exceed Amount of $150,000.00 Meridian City Council December 15, 2009 Page 3 of 85 • C. Cooperative Agreement Between Valley Regional Transit and City of Meridian D. Contract For Purchase Of Records In Bulk -Commercial Vehicle Registration Records and a Contract For Purchase Of Records In Bulk -Motor Vehicle Title Records E. Task Order #10145 with Civil Survey Consultants, Inc. in Accordance with Master Agreement Dated on November 14, 2006, for Engineering Consulting Services in Conjunction with the EagleNictory Road Intersection Utility Improvements Project for aNot-to-Exceed Amount of $11,905.00. Rountree: Next item is the Consent Agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we approve the Consent Agenda as published and authorize the Mayor to sign and the Clerk to attest. Hoaglun: Second. Rountree: It's been moved and seconded to approve the Consent Agenda. Roll call vote, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 6: Community Items and Presentations A. Presentation of Citizen Hero Appreciation Certificates by: Mayor de Weerd and Chief Anderson Rountree: Item 6, Community Items and Presentations. 6-A, presentation of citizen's hero appreciation certificates. Chief Anderson. And the Mayor. Anderson: And Chief Lavey and Steve and the Mayor. Madam Mayor, Council, it's my distinct pleasure tonight -- we would like to recognize some citizens for going above and beyond and I'd like to tell you a little bit of background of an incident here for the folks that we are recognizing tonight. So, the Meridian Fire Department would like to recognize four citizens and a Meridian police officer whose quick thinking and shift actions prevented a fire involving a concession stand and a bum victim from being out Meridian City Council December 15, 2009 Page 4 of 85 of control. On Saturday, December 5th, 2009, a fire occurred involving a generator unit located on the roof of a funnel cake concession stand at the Meridian Christmas Tree Fair. At about 12:00 hours the generator, which was located on top of the concession stand, started to sputter. Mr. Covertly, thinking that the generator was running low on fuel, got a step ladder out and climbed to the roof with a five gallon gas can to top the generator off. In his attempt to refill the generator, the gasoline ignited, a fire caused bums to the left side of his body, caught his clothing on fire and burned his face. When his clothes caught fire, Mr. Covertly covered his nose and mouth with both hands and as he backed away from the fire he fell to the ground, knocking the handle of the floor jack up against the exit door of the trailer trapping an occupant inside. Citizens Tim Day, Bob Athay, Doug Mason, and Erika Dennis quickly rushed to Mr. Loverdy's aid and extinguished the flames on his body with their coats, gloves, and bare hands. Meridian Police Corporal Branden Fiscus notice the commotion down the street from where he was assigned for traffic control during the Christmas parade. He grabbed the fire extinguisher from the trunk of his vehicle and proceeded to the concession stand where he climbed the ladder and extinguished the fire on the roof. Without the quick action of bystanders and Officer Fiscus, the situation could have been much worse. On behalf of the Meridian Fire Department and the City of Meridian, we proudly present certificates of appreciation for a job well done to Tim Day, Bob Athay, Doug Mason, Erika Dennis and Corporal Branden Fiscus for their quick thinking and decisive actions in preventing a disaster on this day, December 5th, 2009. So, if we could have those folks, please, come up. De Weerd: I do have some certificates I would like to offer you and just tell you what a pleasure it is for all of us to serve the citizens of this community and we know that equal in what we give to the citizens and what they give back to us. It's your quick thinking and kind of throwing caution to the wind and running to the aid of a fellow human being are those things that make our job such a pleasure to serve and -- now, see, you're going to get me emotional. I was doing really good. I kept saying, you know, the Council tolerates me all the time, because I am just a very emotional person, but it truly is such an honor to be here to recognize you for your care and compassion to come to the aid of someone else and certainly epitomizing the spirit of Christmas and the hope that we feel that others should be aware of on the compassion that others have. So, thank you so much for sharing your evening with us here tonight and allowing us to recognize you as unsung heroes, because truly your sacrifice was -- was one that you didn't think of yourself first, you thought of another and came to his aid. So, thank you so much and let me read you what we have here. This is a certificate of appreciation and in recognition of your quick actions in extinguishing a potentially dangerous fire on the 5th day of December 2009 and certainly it's much more than that, but we give this with our heartfelt thanks. And this is for Erika. And Tim. Oh, good, and a hug. And Doug. And you must be Bob. Corporal, thank you. Fiscus: You get a hug from me. Lavey: I just want to say a couple of words. I'll keep it short. I found out about this .1. incident on the night of the Christmas tree lighting by a citizen that came up and Meridian City Council December 15, 2009 Page 5 of 85 reported to me what happened and it kind of made me feel really good on a couple of accounts. One is because one of my employees were involved and, two, is some citizens were involved. So, all I'd like to say is it's no wonder Meridian is such a great place with the citizens that we have and the police department that we have, thank you to our citizens. Siddoway: I'm Steve Siddoway, I'm the director of Parks and Recreation. We were putting on the event and Colin Moss, who was in charge of the event is here and we were both on site at the other end of the street when it happened and we were quickly on scene and were there when Officer Fiscus put it out. So, I thank you and thank all of you as citizens who -- who stepped up and helped in a very quick and urgent moment of need. With that I know that Mr. Loverdy is here in the audience and if it's appropriate I'd like to invite Mr. Loverdy up to thank them as well. Loverdy: Well, Iwill -- I don't think I have words to thank these people for what they have done for me. Without you guys I wouldn't be me. If -- my daughter there has started crying and I'm going to get emotional. You know, the bums were only second degree. It could have been third and it could have been a lot worse. One little detail that was mentioned that's kind of a little bit wrong, I was not trying to put gas in the generator. I left the fuel tank -- the gas tank on the side, I just noticed the tank was filled up and I think it was by the heat generated by the generator itself. So, I noticed that was kind of trying to remove the lid very slowly when it popped and the fuel just jumped all over my face and I got a chance to tum around and the fuel landed on the generator and generator shut off by itself. The generator caught on fire, because the exhaust was hot and the engine itself was hot and that's when it -- I caught on fire. So, I somehow went down and, then, all these nice people that came and helped, Tim -- I was trying to go back into the trailer after they put the fire out to shut the fire on the generator, because the flame was -- and he tried to push me back and push me and I say don't push me. I got to shut that fire off. So, finally, I agreed and, then, they took me back to the restaurant and also the people in the restaurant was very nice and helped me with -- put some wet towels and before I went to the restaurant I looked up and I noticed the corporal was up there with a fire extinguisher and I was told he used the whole extinguisher to try and get it out. I haven't been up there yet to look and see what the damage is, but I know that generator is out of service. Next time I'm going to get one -- a quiet one and it's going to be on the ground, so if I catch on fire I will already be on the ground. Thank you. Anderson: Well, Mr. Loverdy, we are glad you're still with us and you're doing so well and we wish you -- everybody here a Merry Christmas and good health through the year. Thank you. De Weerd: Thank you for being here. 6. Presentation on Master Street Map and Transportation and . Land Use Integration Plan (TLIP) Coordination with the Ada County Highway District (ACRD) Update; discuss draft Master Meridian City Council December 15, 2009 Page 6 of 85 Street Map and implementation strategy by: Caleb Hood (City of Meridian) and Justin Lucas (ACRD) Rountree: Next item on the agenda is the presentation of the Master Street Map and Transportation Land Use Integration Plan. Caleb or Justin. Hood: Thank you, Mr. President, Madam Mayor, Members of the Council. As you mentioned -- or it's on the agenda, Justin Lucas from the Ada County Highway District is here. I'm going to run through some slides in a Powerpoint. There is only six of them, I guess, briefly, and, then, I think Justin can help answer any questions that may come up during the presentation and, then, I have also asked him to talk about -- a little bit about how ACRD will be using this tool and implementing that at the highway district. So, the purpose tonight is to roll out the Master Street Map, discuss elements, and give examples of how the Master Street Map works. We will show how the Master Street Map works with other TLIP tools and plans and discuss how the Master Street Map will be used and implemented at both the city and district levels. I do want to see if you have any comments that we can forward onto ACRD on these draft documents. They are planning to adopt these documents late January. It's on their January 27th or 29th -- whatever that last Wednesday in January is agenda. So, what is the Master Street Map and how will we use it? The Master Street Map is a TLIP planning tool that depicts anticipated typologies for arterial roadways throughout Ada County. The Master Street Map is intended to capture information about future roadway characteristics. It includes information about where collectors and arterials are envisioned, what types of features or complete street amenities, like parking, landscaped medians, if the city has a pathway maybe adjacent, things like that, and what type of general land uses are also anticipated adjacent to the arterial roadway network. This past summer we did hold a workshop in the planning department's conference room. Council President Rountree attended that and ACRD staff was there as well and we, basically, had a blank slate and worked through working on designating the different typologies throughout the City of Meridian and our area of impact. We used the future land use map as a guide to what typologies to designate. So, an example would be if we have medium or low density residential on an arterial, our general rule of thumb was to go with a residential arterial classification. I'll get into a couple of examples of what that really looks like here in just a minute. The street typologies shown on the Master Street Map reference sample cross sections and a livable street design guide. That was presented earlier this year. In fact, that was the last time Justin was here to present the livable Street Design Guide, the draft cost share stuff -- I think it was in February, March, sometime. So, it's been some time. But that's the last time it was there. And, again, I'm going to run through a couple of examples of how these are all integrated and what that map does. Part of the Master Street Map is also a spreadsheet or a table that describes each arterial roadway in mile segments. The attributes of this table pops up in a GIS and, then, agency staffs can look at that information in the cells of that spreadsheet and see detailed information about particular segments. Some of the information in the table, again, includes like number of planned -- number of travel lanes, right of way, if any parking is existing or potentially proposed there and, again, any pathway needs. I did place larger versions of this map in your mailbox. You all should have had that before the weekend, as well as Meridian City Council December 15, 2009 Page 7 of 85 the spreadsheet that I just mentioned, too. So, there -- it's kind of a dual purpose tool with the exhibit of the map and, then, the ancillary or the spreadsheet that explains each of those typologies. So, a couple of quick examples. The first one is Pine. So, what you see on the majority of this -- of this slide is a page from the livable street design guide. It depicts a planned commercial arterial and it's made to represent what Pine Street coming into downtown from the west might look like in the future. I have inserted a blow up in the almost upper left-hand comer where you can see -- it's a blow up of the map. I know it's hard to see, but one of the segments is P13-2. It's the red segment -- it's an east-west segment there on Pine. So, then, if you go to page two of that spreadsheet from Master Street Map, the second to the last row is that P13-2, Pine Avenue, the segment is designated as an APC, which stands for a planned commercial arterial. Three lanes are planned. No funding is currently set aside for this improvement at the highway district. Parking in this section has been approved and approximately 74 or 75 feet of right of way is needed. Now, the example from the livable street design guide shows a five lane roadway or four -- two lanes each direction and a center tum lane with medians. The example of Pine in this segment only shows three. The reason I chose this is because the livable street design guide is not a blueprint for what each road has to look like, but, rather, it is a guide for generally the feel and the context of a roadway as -- as a project that ACRD becomes developed. It shows the -- the desired relationship between buildings, landscaping, the pedestrian realm, and the travel lanes. We have taken into account the existing conditions as these projects go into design as well and, then, just to kind of, again, show that relationship, we would -- as ACHD gets into concept and, then, design of a capital roadway widening project, they come to the city, they say, hey, you have got a center median with trees in it say, do you guys want to partner with us still on doing those trees or shall we just have it be a median that has native grasses or concrete or art or whatever. But that's kind of -- it starts that dialogue of what maybe we do need to cost shared for if we want, you know, extra wide sidewalks or any of those other amenities, as they are called in some of the cost share policies. But, again, this is all -- is all integrated and is that starting point. I wanted to go through one more quick example. I know there is a lot on the agenda tonight, but I wanted to show a residential arterial and I have chosen Linder as this example. So, this is Linder Road south of the interstate between Overland and Victory. It's L17. It's -- it's that blue north-south roadway on the inset. So, again, on page two of that same spreadsheet -- I don't know if you're following along, but about a third of the way down that page is that segment and it's designated as a residential arterial or the abbreviations AR. Five lanes are planned. No funding is currently set aside for this improvement. No on-street parking. Ninety-six or ninety-seven feet of right of way is needed and there are some comments, too, in the far right-hand side. First, this roadway was evaluated in the south Meridian transportation plan. Second, the city's pathway plan should be considered as design of this roadway project takes shape at the highway district. So, it's a clue to those users, then, both at the city and at ACHD when they look in that comments column that, hey, this roadway has already been -- it's part of a study and there is some concept design for what the flavor of this roadway should look like. Go see those documents. There is a city master pathway plan, go see that, because there is a segment of our pathway that either crosses -- runs parallel to this roadway section. So, again, it's a tool that helps us Meridian City Council December 15, 2009 Page 8 of 85 all get on the same page as we start to design roadways. And, again, I chose these two examples, because probably 90 percent of the roadways in Meridian are either the residential arterial that's on the screen or the planned commercial arterial. So, those cover a vast majority. These are some mobility arterials, as well as our downtown --our town center cross section and a couple of industrial roadway sections, too, but they are far out numbered by the planned commercial and the planned residential. So, the Master Street Map, again, is intended to help design and construct accommodations for all likely users of the roadways, not just cars. Pedestrians, bicycles, and buildings are also taken into account. The Master Street Map will be referenced during preapplication meetings, project scoping meetings, staff report writing, and the like. The idea is that the master street map will give ACRD and the city staff and officials a better starting place for designing and constructing roadways and approving land uses both. The Master Street Map is a living document, so these aren't set in stone. There are some protocols that were also part of the packet for this evening that ACHD has drafted. I don't think they quite have that in their policy form yet, but it gives a flavor for how you use this, how you amend this document and there is procedure set in place, then, if anyone does want to change the map, including the city. And I may let Justin talk a little bit about that, too, that whole map amendment process. The Master Street Map is not intended to be a regulatory document, but, rather, a planning tool that we all use to build the arterials that we have envisioned. Next year city planning staff will be preparing an application that incorporates some of the TLIP documents into the city's Comprehensive Plan by reference. We will probably also have some UDC text amendments, too. We will also be preparing a resolution supporting this Master Street Map and some of the other TLIP documents, again, the livable street design guide. We aren't quite sure how we are going to roll all those in, but some reference in the Comp Plan, some resolutions supporting, and we will come back to you again with a better idea of what makes sense for ACHD to adopt, what makes sense for the city to adopt, and what makes sense for both of us to adopt or support each other as they start implementing or we implement. So, again, I'll come back with a plan as part of that Comprehensive Plan update. I think that's all that I wanted to cover for this evening. I will ask Justin maybe to come forward as you have any questions that maybe I can try to field as he's coming forwarded, if you have any. Rountree: Questions for Caleb? Caleb, I have one and it's on Pine and it's segment P12 and the spreadsheet shows Pine planned as two lanes and I believe the setbacks and right of way and sidewalks setbacks have all been set up for at least a median. So, that would be the third lane. And, then, I would have a question for Gary or Justin at some point in time about when that intersection is improved with the project that's underway right now, I assume that those legs will be improved somewhat off of Ten Mile with the typical section on Pine that it will look like there. A couple questions in there. Hood: Yeah. I'll look -- I'm going to look at that section you mentioned it was off of, Council President, Madam Mayor, and Council Members. I'll look that section up and look at that. I see where you're on the spreadsheet there and it does show two lanes. That may be a typo. I don't know how it's shown as two. It probably -- or Justin may be able to answer that, too. But I'm going to find it on the map -- Meridian City Council December 15, 2009 Page 9 of 85 Rountree: I like the typo answer. Justin. Lucas: Mr. President, Madam Mayor, Members of the City Council, thanks for having me tonight. I'd like to start by just saying thank you to your staff for cooperating with us on this effort. It's been a long process and as you can see there is -- a lot of what we have done for the City of Meridian, we have done that for every community in the valley and so there is a lot of work that's gone into this and it's a lot of new work and a new process that we are trying to put in place and so there may be -- very well may be some things we are still cleaning up and that's just part of that process of finding those things and fixing them and, fortunately, as Caleb stated, this is a living document that is not meant to denote any final decision on anything, it's a planning tool that can be modified and changed over time as we get better information. I don't know if I -- I'm the best person to speak directly to the question about the Ten Mile and Pine intersection. I know that that project I believe is under design, if I -- if I'm correct. Gary might be able to give you a little bit more input on that. I'm not on that project team and I can't give you many details there, but if Gary has anything he'd like to offer, he's welcome to come up and do that. Inselman: Mr. President, I don't know exactly how far back it's going, but I know Pine is planned for three lanes there and we would typically go back a couple hundred feet at least to complete that leg with the intersection. Rountree: That confirms what I was thinking and it probably is a typo. Thank you, Gary. Thank you, Justin. Hood: Maybe just a brief in closure. That's the only two lane arterial that's in this whole spreadsheet, so I think it's just meant to be a three. So, we can correct it. Thank you. Lucas: It's likely and I'll just -- I'll go back and correct that. That's something we can certainly change. Rountree: Anybody have any questions for Justin? Bird: I have none. Lucas: Thank you very much. Rountree: Thank you. I think this is a -- it's a great planning tool and it's nice to have a visual now, instead of colors on a map. Item 7: Department Reports 1. Community Liaison Update by: Luke Cavener 2. Mayor's Youth Advisory Council Update by: MYAC Meridian City Council December 15, 2009 Page 10 of 85 Rountree: Next item on the agenda, Mayor's department, community liaison update. Luke. Cavener: Mr. President, Madam Mayor, Members of the Council, I have our Mayor's Youth Advisory Council here for their report as well. I know of each of them have some homework to get to tonight, so I'm going to let them go first and, then, I will continue with my report when they are finished. Rountree: If they promise to get their homework done we will let them do that. Wilder: Hi. My name is Amanda, I am the MYAC historian this year and this is my second year involved with MYAC and over the last month we have participated in several events and one update from the last MYAC update was when Janelle talked about applying for the tobacco grant for the tobacco education for teenagers. We actually did get accepted and we did get the 1,000 tobacco grant, so that is a huge accomplishment for our government affairs and MYAC committee and we are definitely looking forward to using that grant for tobacco education for teenagers. Also along with that we had a TAC movie night that was a huge success and we had it at the community center a couple weeks ago and we had 35 to 40 people come show up and it was just a great time and every month the TAC committee puts on a community event like this. We also participated in rake up Meridian and this year we had a lawn that we did and we raked up 40 bags of leaves and they were pretty big bags of leaves and we also mowed the lady's lawn, so that was definitely a lot of fun. A little bit chilly, but we all got to know each other a little bit better and we were able to -- be able to participate in some community service on a level that we could go hands on. Also on December 5th was the Holiday Street Fair and we had about 15 different kids come and help with that. I was one of those people that walked around as Rudolph in the mascot costume for a couple hours and I will say that I will no longer take my sight for granted and it was definitely a lot of fun. But that was something that it gets the youth council out there in the community and we get to do fun events like that and we really do get to see the community on a hands-on level and especially little kids and definitely doing stuff like that is a lot of fun for us. One other update that we have is that we are planning on doing a dinner auction this year to benefit the Meridian Food Bank and that will be on March 25th and that's something that we are very excited about and is currently in the works, so -- Douglas: I'm Carson Douglas. This is actually my first year in MYAC and I am the new secretary. Last night we had our holiday party and it was really fun. We -- it was a general meeting and so we talked about some of our upcoming events that Aubrey mentioned and we had a good time and we had a white elephant and it was really fun. That's all I have. De Weerd: So, what did you get, Carson? Meridian City Council December 15, 2009 Page 11 of 85 Douglas: I got a hot chocolate mug. It was really good. I went home and warmed it up. And that is all I have, I guess. Rountree: Any questions for these folks from the youth council? Bird: Madam Mayor -- or -- Rountree: Mr. Bird. Bird: -- Mr. President? I don't know the gentleman, but this young lady here, you talk about a person that is involved -- and I don't know how she manages her time. She's -- she's afantastic young lady. It seems like everything I go to she's involved and I certainly appreciate having youth like that in our community and, Amanda, you do a job. Wilder: Thank you. Bird: Thank you very much. Wilder: Thank you. Rountree: Any other comments? Carson and Amanda, thank you for being here and thanks for the update. Wilder: Thank you. Rountree: And have fun studying. Okay. Luke. Cavener: They are hard acts to follow. I swear they do so much and I agree with Councilman Bird, that, boy, Amanda is -- Councilman Hoaglun and I were joking beforehand -- I think that she must have some dirt on Frank, because her picture shows up in the paper it seems just about every week. Anyway, Merry Christmas. Good evening. It's time for my monthly report. As always I have got a supplemental document that kind of provides more in detail some of the stuff I will be speaking on tonight. So, one of the things that I wanted to talk about is something that I touched on last month and that was on our business registry. When I was in front of you last month we were just getting ready to launch it. Since then we have had 150 Meridian businesses join our registry. bizreach.com, who is the company that's hosting this registry, has been really pleased with the -- the input and the participation from Meridian businesses. So pleased, in fact, that they are spending some of their money to create a radio ad that they will use to promote the Meridian city website, as well as the Meridian business registry as a way to bring more business to the registry and to bring -- drive more trafFc to our website. So, that's been something that I have been really pleased with and in speaking to our business community about it, they are really pleased with having the opportunity to showcase their business for free in this kind of changing economy, anyway to market and showcase without spending any ad dollars is always a benefit. So, we have been really, really pleased with that. Speaking of businesses, we Meridian City Council December 15, 2009 Page 12 of 85 had three new business ribbon cuttings this month. Stadium Sporting Goods, which is an independent sporting goods company. Five Guys Burgers and Fries, which is a national franchise. It's on Eagle Road. And the Home Federal opened a new branch as the Silverstone building. What's been real fun for us to do is at the Five Guys ribbon cutting we launched a new program and I spoke on briefly last month, which is the pay it forward program. Every time the chamber does a ribbon cutting they present a plant to the business and the idea is that as the plant grows, so does their business. Our office has now presented a pay it forward gift, which is a gift from the previous business's ribbon cuttings. So, Five Guys has presented a gift to Stadium Sporting Goods, Stadium Sporting Goods presented a gift to Home Federal and so on and so forth and it's a way for our business community to really support each other in Meridian and it's something that our community has been really -- has really gravitated towards and are really excited about and each of our businesses have been very thoughtful in coming up with something that's unique that showcases their business, but also benefits the new business doing the ribbon cutting. In addition to the three ribbon cuttings, we have two new businesses that opened up here actually in downtown. Zola Marie's and Vintage Home, which was a business that moved from Nampa to Meridian. They do antique and furniture restoration, if you're needing those last minute Christmas gifts -- I purchased something for my girlfriend. They have great stuff there. Hopefully she won't know about that. Another business is Priest Chocolate, which is a scratch chocolate shop on -- that's located right next to Rick's Press Room and there is stuff in there that is really incredible. Their specialty is the Bavarian curl. It's like a -- like a piece of like almost butterscotch that's been dipped in chocolate. It's -- I have had a couple and I can vouch for them. They are pretty dam good. Both of those businesses were featured and talked about by the Mayor when she was on Wright Stuff Radio, which is Branden Wright, the gentleman who has the monthly smoke out meeting. It's his own radio show and the Mayor was on and did a great job talking about area businesses and promoted those two new businesses, promoted those two new businesses in downtown. Couple other things that's went on this past month. The community Thanksgiving was held at Valley Shepherd. I noticed a couple of you there and this was their best year ever. They had about 250 people from the community representing all different faiths and churches in and around Meridian and it's something that will continue to be an annual event celebrating the week before Thanksgiving in Meridian. It's hosted every year at Valley Shepherd and I think it will continue to play the host. Let's see. What else? A couple events for you guys to be aware of or I guess one that we did have was the -- was the Coffee With The Mayor. I know some of you were there. Again, one of our best Coffee With The Mayor on record. It's becoming an event that instead of our office going to a location and saying, hey, would you mind having Coffee With The Mayor there, they are calling us and they are saying we really want to have Coffee With The Mayor at our business. I know the University of Phoenix, every time I see them, they say we want to do Coffee With the Mayor at our new location. We want to do Coffee With The Mayor at our new location. And the two biggest benefits that we hear from our business community why they attend this is, one, the opportunity to network. But, two, they love that our Mayor is here, that our department directors, that our Councilmen are there, and that they are able to get that one-on-one time and ask the questions and have anyone who might be the expert on that subject right there Meridian City Council December 15, 2009 Page 13 of 85 to answer them. So, it's become a great event that we continue to see new faces and faces returning each time that we do it. Another event that we have got coming up is our town hall meeting. I touched on this real briefly at the end of my report last month. It's going to be January 13th at 6:30 p.m. at Heritage Middle School. It's a unique approach to a town hall. We are calling it Meridian Unplugged and that we are allowing our citizens to really drive the format of this meeting. We want them to bring their questions about our community and their ideas and to have that open forum with our city leaders. So, I'm really excited about it. I have been working with our area HOAs, homeowners associations, that surround Heritage Middle School and they are excited to have participation from each of their neighborhood associations to come and participate. Amanda and Carson did a great job on talking about things that are going on in youth council. One of the things that I do want to share real briefly is that they received -- in addition to their grant, they received -- Idaho Power contacted me last week and have been so impressed with everything that the Mayor's Youth Advisory Council has done over the past couple of years they wished to make a cash donation to MYAC to use for whatever program they see fit. So, they may use it towards their government affairs subcommittee. I think the direction from the youth council is that they are going to want to use it for their -- their dinner auction, which is benefiting the Meridian Food Bank. An important point to bring up about the Meridian Food Bank that has changed this past month is prior to December if the Meridian Food Bank needed food, they were buying it from the Idaho Food Bank. That's changed now. The Idaho Food Bank has eliminated that cost and are now the Meridian Food Bank and all other food pantries and food banks are able to come to the Idaho Food Bank and pick up that food without cost. Currently each food bank is responsible for their own transportation to come and pick that up, but the Idaho Food Bank is working diligently to find a solution to be able to deliver food all across the state to benefit our local food banks. So, that's something that's really exciting. De Weerd: Mr. President? Rountree: Madam Mayor? De Weerd: Luke, the Council purchased a refrigerated truck for the Idaho Food Bank and it was based on the premise that they would transport refrigerated items to the Meridian Food Bank. Is that happening? Cavener: It is. The response that I received from the Meridian Food Bank is that they are trying to allocate as much resources as they have right now, because the need is so high for food and that they have received some donations from the local agencies, churches and whatnot, and that they have tried to use the cash that has come in to buy additional food or to use it for just general day-to-day expenses, as opposed to using it as fuel and maintenance on the vehicle to go to and from. Dan Clark says that he hopes that that will change and depending on how things really play out with the Idaho Food Bank, that may change, but their opinion is right now they want to used the funds that they currently have to focus solely on food. Meridian City Council December 15, 2009 Page 14 of 85 De Weerd: That didn't answer my question. Rountree: Madam Mayor. Bill, unless you have heard something different, the Meridian Food Bank and the Idaho Food Bank came to an agreement and an understanding of what was involved in that transaction. There was some confusion the first year and we were nat getting recognized and we were not getting the terms of the agreement met by the Idaho Food Bank. They have since sat down with Meridian Food Bank and worked out the intent of the Council and that was to have food collected in Meridian that the Meridian Food Bank have -- have first basis, I guess, on that at no cost and I have not heard anything different, but that has happened. Nary: Madam Mayor, Members of the Council, Council President Rountree, that was what my understanding was, too. We had this discussion about a year ago where Meridian Food Bank was not getting the response from the Idaho Food Bank. I spoke with them, they did verify -- and the Meridian Food Bank was happy with how things were working. So, as far as I know things were working out just fine. They were getting the food delivered as much as they could be and I don't know if anything's changed since then, but there were a couple of years that we funded the vehicle, but I -- as far as I know it was working the way it's supposed to. Hoaglun: Mr. President. Just to clarify, Luke, what I heard you say, then, was the fact that because the need was so great they are trying to reduce all extraneous costs, like transportation, so they can just use all their funding or as much of their funding possible for food and that's why -- so, this is just a temporary situation or -- Cavener: Mr. President and Councilman Hoaglun, correct. That this is the --they feel it is a temporary solution. The other complaint that has come from the food bank to me was that they would -- it would place an order for food with the Idaho Food Bank. These are the things that we would need, peanut butter, tuna fish, et cetera. They would, then, arrange transportation using the truck to go pick it up and that the food would sometimes, then, be given out to other people, someone would come up with a need and they weren't being -- their reservations weren't being met. In speaking to people from the Idaho Food Bank, and the Meridian Food Bank and that's one of those issues that is getting better and that they anticipate by the middle to end of this month we will -- all the kinks in it will be worked out. And it's something that I can do some more digging and find out more information and definitely provide you all with an update before I even get in front of you guys next month. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: Follow up. I just wanted to see if you can find out -- this vehicle -- this refrigerated unit truck -- truck unit was to deliver anything that they picked up that was -- needed refrigerating, was they picked it up at the Meridian locations they would give it to the Meridian Food Bank first. So, they did the transportation and that is what our Meridian City Council December 15, 2009 Page 15 of 85 portion funded and I want to make sure that that is working. So, if the Idaho Food Bank can give us, through you or come and talk to the Council, but that they report on the success or the progress of that program. Cavener: Mr. President, Madam Mayor, agreed. And it could potentially be that the communication lines are being crossed and one group thinks one thing is happening and it's, obviously, clearly not. So, I will -- I will do some -- get some more information from the Idaho Food Bank, present that to you, and speak to you specifically about what it is they are doing. In addition, I'll make sure that the information that I'm receiving from the Meridian Food Bank is accurate. De Weerd: Thank you. Cavener: No problem. So, another group that -- just to give you a brief update as to what's going on with them is the Meridian Senior Center. I try and give you a brief snapshot every month as to what's going on with our area seniors. Matt Ellsworth and I spoke to them last month about soliciting for proposals and ideas for them to use the CDBG funds that have been allocated to them for community programs. They will be providing a final proposal to us this Friday. They have given a rough snapshot of some of the things that they are looking to do, mostly focusing in two different areas, health care and quality of life stuff. They want to have a pharmacist come in and review their current prescriptions, make sure that they are -- they have got the right drug, to make sure that they are on the right prescription drug plan and they want to go to the Idaho Shakespeare festival, to take classes, to do additional water colors, painting, stuff like that. So, next month I will be able to share with you what their exact proposals are and how they plan to allocate those funds. I have been doing this job for just a hair over a year and it seems that every -- every week brings new adventures. I wanted to share one that happened to me this month that I thought you guys might get a kick out of. I received a phone call from a person who is in a neighborhood who was inquiring about what the city code was about chickens. They wanted to raise chickens in their backyard and wanted to make sure that they did it the right way. I worked with -- with legal to find out what the city code was on how many chickens we are allowed to have in our backyard and no surprise surprise, we don't -- we don't have a code that deals with about how many chickens that we can have. Fortunately Boise does. They have a guideline of three hens, no roosters, so I coordinated with that HOA and I said, you know, we can -- we can go ahead and follow Boise's blueprint and let's keep the hens out of the neighborhood and if you want to use chickens to lay some eggs and to go ahead and do that and they were very pleased and I imagine if you're starting to see kind of an emerging trend of self sustainability, we may see more people in the future that are going to want to -- going to raise chickens in their backyard. So, I doubt this will be the last time that I'll hear about it. Something maybe to keep in the back of your head for -- never know when someone is going to want to come before you and have more than three chickens in their backyard. It's fun talking to our citizens. I get a kick out of the questions that I receive, as I'm sure you receive odd and different questions on a daily basis as well. One of the things that I have always tried to do is to make sure that we are effectively communicating with our citizens and with our community. I try Meridian City Council December 15, 2009 Page 16 of 85 and give you, you know, a snapshot, again, of what's going on on the social network side and every day we communicate, we share our message with over 500 individuals in the form of our social network strategy using Facebook and Twitter to send out information. Tonight I sent out a post letting everyone know what the current needs are for the Meridian Food Bank, which is, again, peanut butter, tuna fish, and jelly and every time that we have done that groups and organizations have received a bump and I expect I will hear from the Meridian Food Bank that over the next couple of days people will bring that stuff in and it really gives us the opportunity to tell Meridian's story and I have enjoyed being able to talk and interact. In the packet that I have provided you there is some comments left from different people that live in Meridian about things that they like -- I posed a question what's your favorite coffee shop in Meridian and that sparked a debate. So, you can kind of see what's going on in our -- on our citizens' minds. Another project that's been very successful is our blog program. Every blog that we pop out just seems to be flooded with response to people really excited every Monday, Wednesday, and Friday when a blog comes out. By and large the Mayor's blog on celebrate Meridian is our most popular, but all of our other department blogs -- I receive the same amount, so there is not a first, second, or third, it's -- everybody really comes back day after day to see what's going on and, again, I really like the fact that it gives our department directors the opportunity to really share, you know, Meridian's story with our public. So, with that one other thing to mark in your -- in your notebook -- and I'm sure you probably have already heard -- February 4th, State of the City at Meridian Middle School. I'm sure I will be sharing a little more information about that in the months ahead. And with that I will button up, unless you have any questions. Rountree: Questions? Hoaglun: Mr. President? Rountree: Brad. Hoaglun: Comment for Luke. I was at Boise Area Chamber of Commerce elected officials reception here a couple weeks ago and someone who lives in the city of Boise, but they are involved in activities throughout the valley, said she told me -- she said I know more about what's going on in the City of Meridian because of their social media than she says I do within the city of Boise and I live in Boise. And she said I talked to the mayor of Boise about this, that I know more about what's going on in Meridian than I do in my own town. So, I think that's a good compliment for -- for what we are doing, so good work. Cavener: And I'm happy to hear that. I think I shared with you before, we have fans of Meridian that live in Boise. We even have a fan of Meridian that lives in Canada. So, they are not just people that are living in Meridian that are a fan of our community, they are international fans, if you will. De Weerd: International. Meridian City Council December 15, 2009 Page 17 of 85 Rountree: So, we Twittering and blogging on an international level. Any other questions, comments for Luke? De Weerd: Oh. Rountree: Madam Mayor. De Weerd: Mr. President, I did have aquestion -- while you were at the senior center and they are focusing on several different things, did you share with them about the prescription drop-off program? Cavener: I have and we have -- I have actually shared that with them a month ago and it's been one of those things that we have reaffirmed and what they -- the response that I have received from the board is that right now our seniors have a lot of variety of drugs that are in their medicine cabinets, in their drawers, and they are not sure which ones to keep and which ones to get rid of and they are hoping that by bringing in a pharmacist to take a look at what they have, make sure they are having the right stuff, that we can, then, partner with the police department and have those prescription drugs dropped off that they no longer need. What they feel is that sometimes some of our seniors are hoarders and they want to keep everything just in case and by allowing a safe environment for them to bring it and have a pharmacist say yes to this, no to that, really no to that, we will make it easier for them to eliminate some of the stuff they have got. De Weerd: Good deal. Cavener: All right. Well, thank you all very much. Have a Merry Christmas and a Happy New Year and I will see you in January. 3. Department of Environmental Quality (DEQ) Air Quality Update by: Pete Wagner Rountree: Thank you, Luke. Thank you. Next item is the DEQ update on air quality. Pete? Wagner: Mr. President, thank you very much, and Members of the Council and Madam Mayor. The Mayor asked just us yesterday, actually, to come to speak to you about the emission testing. I'm Pete Wagner, I'm the regional administrator for DEQ, Boise regional office. Hill: And I'm Steven Hill, I'm the regional air shed manager for the Boise regional office. Wagner: I'm not sure -- we didn't do a formal presentation for you tonight. I'm not sure, actually, the format that the Mayor was looking for tonight, to be honest. We didn't have a chance to have an in-depth discussion. Be happy to lay out the history of the program, where we are to date, and answer any questions that you might have. Meridian City Council December 15, 2009 Page 18 of 85 De Weerd: Mr. President? Rountree: Madam Mayor? De Weerd: I think, Pete, just kind of the overview you gave to the Treasure Valley Air Quality Council yesterday in terms of the RFP process, where we are at, maybe in considering the questions you got yesterday just kind of fill in some of those gaps. Wagner: Okay. Sure. So, there was a state law that was passed that actually mandates vehicle emission testing or something similar to that when certain conditions are met and those conditions have been met in the Treasure Valley. We are pretty close to exceeding the federal air quality standard and vehicles are one of the top two emission sources that are contributing to that issue. So, because of that, the cities and the counties in the Treasure Valley, including yours, have options and some of those options were to have a vehicle emission testing program, to actually have DEQ run a vehicle emission testing program, or to propose some alternative program that was vehicle related and would offset the same amount of emissions that a vehicle emission testing program would. So, hopefully, you got that. You actually are part of the Ada County Air Board and you have a vehicle emission testing program that's applicable to your citizens. In Canyon county and in Kuna they do not and so those cities in Canyon county and Kuna -- actually, Kuna did not respond to the director's request, so, actually, we are implementing a vehicle emission testing program for them because of that, basically. Canyon county and its cities actually propose an alternative program that was vehicle related. Not all vehicles related, however, so we could only count the vehicle related portions. The emissions that they propose to offset equaled about three to five tons of emissions. The program actually just for Canyon county needed to offset 252 tons of emissions. So, you can see there is quite a bit of disparity there between what they proposed and what they needed to offset, so because of that we have to follow the state law. The state law, basically, mandates, then, that DEQ move forward and implement a vehicle emission testing program in Canyon county and so we are combining Canyon county and Kuna and what we are doing, actually, is -- we have done a lot of research about vehicle emission testing programs through other states, we have talked to state agencies, we have talked to the EPA, and we have talked to Ada County's program, too. So, we went out with a request for information about six weeks ago and we solicited information. We got that information and we finalized our RFP and I'm happy to announce and I think Steven's going to breathe a sigh of relief here, we issued that RFP just today and that was meeting our time frame. So, an RFP is actually out on the street. It will be out on the street for 30 days. We will hold a bidders' conference in between the time that that closes to answer questions and, then, those bids will come in, we will evaluate those bids according to the criteria that's in the RFP and, then, once we do that we will actually choose a contractor. So, that contractor will act on the half of -- on behalf of DEQ to plan and implement a vehicle emission testing program with the goal of having that program implemented by June 1st of next year and June 1st is important, because that starts the peak of our ozone season and that's one ® of the main reasons for implementing a vehicle emission testing program. The other thing that we did in the RFP that's sort of unique to the RFP process is we went around Meridian City Council December 15, 2009 Page 19 of 85 and actually talked to the mayors and the county commissioners in Ada County. So, we went with Mayor de Weerd and talked with her and what we did in our -- is we are soliciting a second cost proposal in this RFP. It will not be scored, but we are soliciting that information for that same contractor to operate and run a vehicle emission testing program in Ada County and I want to be very clear, the choice is the cities' and county's in Ada County whether or not they want to participate with DEQ and our contractor or the city has the choice to continue with the air quality board and to continue a program that's very similar to what's being run today. So, I think those are very -- very important distinctions that need to be made. The choice again is yours, not ours. We are just soliciting that information in our RFP we can present that information to the cities and the counties. So, I think that's pretty much where we are right now with the RFP process. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess, Pete, if you can talk about the timeline for awarding it and if there will be opportunities -- I guess a question came up yesterday on if there is opportunity for cross-testing, if Ada County can get tested in Canyon county and vice-versa, what kind of relationship they could possibly have with one another. Wagner: Yeah. Right now, actually, the time frame is -- is to sign a contract by February 3rd and so we hope to meet that time frame and we'd have that contract in place. After that we would actually come back to all the cities in Ada County and to Ada County itself and ask them if they, then, would want to participate with our contractor or continue with a program that's similar to what they are running today. At that point in time, if the cities in Ada County and Ada County itself, propose to continue operating their own program, I'm not going to be able to stand up here today and tell you that the two programs will be exactly the same and that they would be able to get their cars tested -- you know, if you lived in Ada County you could get your car tested in Canyon county, those details would have to be worked out. I'm not sure the direction -- I know certain -- most of the direction that the Ada County air board is going, but there is definitely fine details that would have to be worked out with our contractor that I don't know yet, because we don't have our contract in place. Rountree: Any other questions? Bird: I have none. Very good. Rountree: My question is essentially the same as the Mayor's, but I wrote it down here. Is there a provision in the contract to require the new contractor, if Ada County chooses not to go with them, but stay with the air quality board, that there is at least a coordination and cooperation? • Meridian City Council December 15, 2009 Page 20 of 85 Wagner: Mr. President, Madam Mayor, and Members of the Council, there is nothing specifically in the RFP or in the contract that says that, but I can speak for the director and myself that that would be the intent of DEQ to work as closely as we could with the Ada County air board and the staff that exists today to try to get those programs as similarly as we could. I just didn't want to guarantee anything tonight, just because I don't -- I don't have those answers. De Weerd: I want a guarantee. Rountree: Any other questions, comments? De Weerd: Mr. President, I guess just one. I know you had mentioned that this program would be up and running by June. Isn't that too late? I mean it's not like you're going to test all of Canyon county cars in the first couple weeks of June to have the gross polluters off the road or -- or taken care of. Is there a way to escalate the time frame or a schedule for that? Wagner: Potentially that's what we have asked for in the RFP, so, theoretically, a bidder could actually bid and say that they could implement the program more quickly, if you will, and that could be scored accordingly. I will say that in the RFI process there were four or five RFI responses we received and most of them had time frames that were pretty aggressive and would meet or come in before that June 1st date. It just depends on the program that the bidder proposes is one of the main things that will determine the length of time they need to actually get the program in place. So, your point's well taken. We feel we have been on a very aggressive time line and we had to follow the state law about -- about making determinations and those kind of things, that we didn't want to get those wrong. And the other thing that we wanted to do from a DEQ standpoint is we didn't want to develop a program or rules for the issue that we have right now and right now we are in attainment status and what I mean by that is we have not violated the federal air quality regulations, but if we violate the federal air quality regulations, then, EPA has oversight on what we do. So, what we have done so far is actually made everything and developed everything so that if we do exceed those standards some day we don't have to go back and reinvent the wheel, we have done all that leg work right now. So, all those things took a little bit of time to do, but I think they will pay off in the end. De Weerd: So, follow up? Rountree: Madam Mayor. De Weerd: Are we going to be testing -- is Canyon county going to be testing for the same thing that Ada County is testing for? Wagner: The same pollutants? De Weerd: Uh-huh. Meridian City Council December 15, 2009 Page 21 of 85 • • • Wagner: Correct. De Weerd: So, same technology will be used? Hill: Similar technologies will be used. There are technologies you can use to test. There is only a now the Ada County program is using a contracto who you're using? Zaremba: Worldwide. standards that are set up for what couple of options out there. Right r -- Councilman, do you remember Hill: Worldwide. Thank you. And they use the similar guidelines for their technology is called Bar 97 for tail pipe testing and that's pretty much the standard and it's what's across the board everybody has to use. Wagner: If I might, Mr. President, Madam Chair, and Members of the Council, one of the things that we are doing in the RFP is we are soliciting different types of technologies also. So, the RFP's out, so I can talk about it finally and the RFI, actually. Some of the things that we have seen not only are there tail pipe tests that could be done and OBD testing where they plug into your computer system, you have probably done that. There is remote OBD for fleets of cars where actually they just -- it's like, you know, the cell phone, it contacts the OBD over a system like that and tells the system whether or not that vehicle is in compliance or not, so they don't even have to go in to get a test. So, there is technologies out there like that. There is other technologies like kiosks, those have been used in other states where you actually -- if you have OBD you pull up to a kiosk, you plug your car in, it tests your car and, then, you get a printout of whether it passed or not. And, then, lastly, the other technology that we have heard about is remote sensing where you can actually -- almost like a policeman sits on the side of the road and measures your speed, there is technology out there that somebody can sit on the side of the road and measure your pollution also. And so those are different types of things that we expect in this RFP response that we will see. So, those, again, might be a little bit different than the technologies that the current Ada County air quality emission testing program has. It's not to say that they couldn't change to do that, but that's just some of the differences that might exist. De Weerd: Pete, I know that the EPA is looking at lowering or increasing the standards, however you look at it -- Wagner: Uh-huh. De Weerd: And that could come in the next couple of days or in the next month. With a three year average this coming summer is very critical to hopefully staying in compliance of any new -- what are the chances -- how important is the coming summer to staying in compliance? Meridian City Council December 15, 2009 Page 22 of 85 • Wagner: Sure. Madam Mayor, Mr. President, and Members of the Council, it's very important, actually, and I don't want to just focus on this next summer. It's actually from now on, basically, is where we are. The standard is 75 parts per billion and we are at 75 parts per billion. That's where we are today. So, you can't get any closer than we are now. So, any increase in pollution levels could be a problem. The Mayor is correct. Actually, EPA is supposed to issue a promulgation this December, sometime this month, so we expect that probably in February, but that would lower the standard actually from the 75 parts per billion and we don't know what they are going to lower it to, but the recommendation is anywhere between 60 and 70 parts per billion. If they lower it to 70 parts per billion we are going to be right there. Our three year average for 2006, 2007, and 2008 was 71 parts per billion and this last summer -- so, it's a three year average again. This last summer for 2009 we are quality assuring and quality checking the data right now, that looks like that number is going to drop a little bit, but I'm not here to stand up here tonight to tell you that's going to drop significantly and, you know, save us, if you will. There is a lot of work that still needs to be done. The Treasure Valley Air Quality Council is one group. You, actually, as elected ofFcials are another one working with your business communities. We, actually, are trying to develop a plan to do more out reach and I think that's extremely important to the business community, not only is this a health issue, but it's an economic issue. If we do go nonattainment, that just means additional cost for businesses that want to come here and for businesses that are already here and that's the last thing that we all want, so -- Rountree: Any other questions? Thank you, Pete and Steve. Appreciate your comments. Wagner: Thank you very much. De Weerd: Thank you. Bird: Thank you. 4. Air Quality Initiatives Update by: Robert Simison Rountree: Yet more about air quality. Robert. And are you and Councilman Zaremba going to work this item together? Simison: Well, Ididn't -- I didn't know if Councilman Zaremba's items dove tailed better with that presentation or not, so I was going to -- Zaremba: It's kind of independent. It's a result of what's going on. Rountree: Go ahead, Robert. Simison: Okay. Well, Madam Mayor, Councilmen, the Mayor asked me to come and give you a kind of an update on the air quality initiatives that the city has been taking primarily related to some of the trip reduction that is dealing with its employees, as well Meridian City Council December 15, 2009 Page 23 of 85 as some of the air quality things that we are doing in the city to try to make it so we do not reach attainment -- or don't hit a nonattainment in the future. So, just to give you an update on some of the -- some of the items. I'm not going to touch on everything, but the signs you have seen out in the parking lot, the clean air zones, Idaho signs, those have been installed in all of our parks, fire stations, water and wastewater facilities and City Hall. So, we our letting people know to turn off your engine when you're here on city property. The Mayor -- we are going to be taking those out into the community -- into the business community as part of our site visits, encouraging each business that we visit with to either consider putting up the signs or implementing no idle policies for their vehicles once they are there to help in that process. One of the trip reduction measures that, you know, you may not really think about, but our virtual private network that has been set up, the VPN network that the employees utilize the, recent upgrade to make that more safe and secure, there is additional effort to be taken at our wastewater treatment facility to reduce some employees going out to there, but overall I think on any given day we are having probably one -- at least one employee who is telecommuting from home some days. When I spoke to IT today we have had as many as eight people doing it at any given time. That may be people who are working from home. That could be people who have had to stay at home, but they still had some work to do to be done, whether it was for an hour or for two hours, but it's reducing those trips that people need to take to come into the City Hall to perform their duties. Whatever the case may be. So, I know it's been really popular with employees. I utilize it quite often and appreciate not having to drive down here on the weekends sometimes • to get some work done when it needs to be done. The alternative transportation program, that's a program that we kind of ruled out this last year where employees do car pool, walk, bike to work to give them incentive to do so through the wellness committee. It didn't take off as well as we had hoped. At least with all the employees being aware of it. So, it's going to be relaunched again as part of the wellness committee's effort for May In Motion. But we have had roughly four to six people in the city who routinely fill out that information. We know there is a lot more than that that do walk, car pool, or bike to work, but it averages about 35 days a month where these four or six individuals who Ann Lee has been inputting this information, are reducing trips to the city in one form or another. So, it is a small step, but it is a good step. And part of that has been put together by the Find A Ride program that we implemented. This is a piggy back that we did kind of off of Ada County things where employees from -- volunteer and say, hey, do you live next to me and we work similar hours, I'm happy to try to car pool with you to work. We have about 30 employees who have signed up into that program and said that they are willing to do it if they can find people with similar work patterns and schedules and it currently shows that four people are actively doing that at this point in time. I will say that when I checked it when gas prices were higher, we had about ten people who were doing it and doing it quite frankly -- quite frequently between different departments here in City Hall. So, we have to do some reductions there. When you built this building you took some time to put in bike racks and facilities for employees who wanted to ride their bike here. We have two to four employees who do that fairly regularly when the weather permits, which is -- you know, it a start, but I know people are doing that. We have other ways that we are eventually trying to reduce car trips to City Hall. We are trying to work with BRT to locate a bus stop down Meridian Ciry Council December 15, 2009 Page 24 of 85 . here in downtown Meridian. We know that there will be some benefits to city employees who may want to commute from Caldwell and other places into the city and continue to work on that. A couple of those ordinances you guys have passed I guess last summer according to our police department. At this point in time we don't have any information on how many tickets we have issued at this point in time, but the -- from the county's side, the county has been very active in there enforcement and has written quite a few tickets, which has probably reduced the amount that we would have written here in our community to take care of it before they even reach the City of Meridian. So, we think that we have seen some reductions in dust going up into the air for that. Some good news. I don't know that you have seen it, but we have talked about it before, but MDC recently approved the purchase of an electric vehicle for our police department to do some of the enforcement here in our downtown. It will be the city's first vehicle that's electric and keep a gas vehicle off the streets as needed to do the downtown parking enforcement. Radio read meters, which I know you guys have approved funding for that over the last couple of years, we now have over 17,000 radio read meters in place for 67 percent of the city's homes that have their water usage read that way. Which, again, reducing the amount of driving that's required, stopping starting, getting out, there couldn't be anymore fluid process. We have also expanded our online business offerings to our community within the last year. Some of it's related to the website, but others it's just because we are doing it where people can now report a streetlight outage online, fill out their comment cards online, do planning applications, and sign up for city information, again, trying to reduce the people that have to come down here, walk in the • planning department, pull up the application, review it, they can do this all online, which is reducing trips and the last thing that was kind of talked about, our route to a bigger recovery after at the gas station, who will be working with DEQ on getting the water out to those stations, which haven't yet taken advantage of the grant program as being offered to try to get them to convert their facility into having what is being amended. So, we will be doing that as well. So, that's just kind of a snap shot on most of these. I would be happy to answer any questions you have about the program. Rountree: Questions for Robert? Bird: I have none. Rountree: Mr. Zaremba. Zaremba: Just a comment on the car pooling and how successful it is or isn't. If my recollection serves me right, when ACHD was trying to get a lot of people to get into their van pool program, a Commuter Ride program, one of the issues that they ran into was a lot of people said, oh, I'd like to do that, but what if I have an emergency. I have got kids or I have got elderly parents and I might have to go home and wouldn't be able to and I believe they solved that by saying that if somebody was a regular participant in Commuter Ride, ACHD would pay for one or maybe two cab trips home if an emergency came up and I just wonder whether we might want to -- if that's a road block for people, whether it might be worth it to the city to make that kind of offer as well. Meridian City Council December 15, 2009 Page 25 of 85 Simison: It is something back when we were looking at the car pooling options that we did talk about whether or not it made sense. We thought we would see if it -- if it became an issue because it does have a financial cost to the city to be able to offer that as an incentive back to the employees. It's something that we can, obviously, as part of the main motion, discuss, talk to the wellness committee about if it's something they feel strongly about, perhaps bring it back to you guys as part of the budget process next year if that's something you're interested in hearing about. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I just want to emphasize that -- a conversation that we had this morning at the business retention and expansion committee as we talked to COMPASS, air quality and attainment came into the discussion and certainly it's not any -- there is no silver bullet for this. Emissions testing is one piece and, as Robert mentioned, a number of other things that are being done, it's -- every little effort adds up to something large and we need a lot of large efforts to make a notable difference in what these -- what we were measuring at and it's going to be important to continue and find success in programs that make sense for the city, for our employees, for our citizens and for our businesses. But, again, it's going to be amulti-faceted approach to this that will find success. So, as you're out talking to businesses and citizens, you know, please take the opportunity to help educate and share ideas of what individual parts can be -- one sides doesn't fit all and maybe someone can't make one idea work, but another idea might be applicable to their own situation. So, we brought this to you, again, to just continue to beat the drum and continue the message that we all can do a small part of this to have a good net result. Rountree: Thank you. Any other comments? Questions? Robert, thank you. Simison: Thank you. 5. Air Quality Board Report by: Councilman David Zaremba Rountree: Next item, Councilman Zaremba. Air Quality Board report. Zaremba: Mr. President. Yes. Mr. President, Madam Mayor, other members of the Council, just to keep the players straight, we have heard several mentioned, of course, we have Idaho Department of Environmental Quality, which is the big umbrella organization over everything and has stated laws mandated to them every once in awhile about what they have to do. There is the Treasure Valley Air Quality Council, which is an organization -- which is a committee that was put together by the legislature a couple years ago to determine primarily for the Treasure Valley, but also statewide what vehicle testing requirements ought to be should an area need to be included. Their charter was to put together a report that would be given to the legislature. They did that. The legislature pretty well adopted and made into law their recommendations. Meridian City Council December 15, 2009 Page 26 of 85 • I had thought they would cease to exist at that point, but, apparently, they still exist. I'm not quite sure what they are doing. What I'm talking about is a different group that's the Air Quality Board. That's a big name, but our charter is to run the emission testing program for Ada County. We don't color all air quality issues, although several times we have tried and had our wrists slapped a few times. It exists by a joint powers agreement of Ada County and five of the cities in Ada County. Kuna is excluded from that. But Meridian is one of them. So, here is development that happened at our last meeting and knowing that DEQ was moving ahead, that the new state law had established what a vehicle emissions testing program minimum would have to be, we have been discussing for actually many years, but more seriously for the last several months changing our program from a current program of testing every vehicle every year beginning from when they are new to what it turns out the Treasure Valley, the Air Quality Council recommended and the legislature adopted of testing vehicles every other year and exempting the first four years and we have had a lot of discussion about when we should do that or not do that and since it appears that there have been enough advances in engine technology and other kinds of technology, that Ada County can go to every other year testing, as opposed to every year testing, and exempt a few years, also with the knowledge that DEQ is moving ahead to get Kuna and Canyon county on board within the Treasure Valley. The very minor change that would cause in Ada County by going to every other year should be saved by getting Canyon county and Kuna on board. So, amongst the debates is to -- we risk nonattainment if we don't test every minute and we have come to the conclusion that the science behind what the Treasure Valley Air Quality Council recommended was good. So, at our last meeting we changed our program. Beginning January 1st we will all need to get our car tested every other year. It will be based on the model year of the car, whatever the manufacturer says that model year is, has nothing to do with the date that the car was actually manufactured, but whatever the manufacturer says the model year is I believe we are saying that even model years will be tested on even annual years and odd model years will be tested in the odd years. First four years are exempt. So, the first test actually will happen in the fifth year of the car. We are exempting hybrids. We are exempting anything older than 1981 I think was what we finally decided it was. Either '82 or '81. The argument was when is that. So, I think it's anything older than '81 we are exempting. The test, then, will be every other year and we -- the current fee is 15 dollars and actually is up to 15 dollars for every year. There are stations that charge less. We made the new fee for the every other year testing each test is a maximum of 20 dollars and, again, the stations can charge less, but that's 20 dollars every other year, instead of 15 dollars every year. So, we believe there will be some savings to the citizens of Ada County and I just wanted to let you all know we discussed whether we should start that mid year. If DEQ gets Canyon county and Kuna on board and is able to get it started by the first of June, we discussed whether we should match our change with that. And the difficulty is you have the first six months of the year where some cars tested that otherwise wouldn't need to be tested, so that choice was either start it January 1 st a couple weeks from now or put it off for another year. Because what do you do if you -- in the middle of the year you say, oh, half of you didn't have to take the test that you already took. So, we decided to implement it as of January 1st of this year. We have also asked our director to get together with some of our current station owners Meridian City Council December 15, 2009 Page 27 of 85 and the supplier of the equipment that our group uses and submit one of the bids to DEQ for running the program in both counties and they will do that. We don't know whether we will be the bidder or not. Possible we will not. We do know that DEQ, as they said, is only going to score it on a Canyon county portion. So, it will be up to all of us and the Air Quality Board also will be on pins and needles until we find out. It may very well be that we would go out of business probably in June, but until, then, we are -- we have converted our program, so we will not be testing as often and I think that's a good thing for the citizens of Ada County who are all very full that something is happening. Rountree: Thank you. Good news. It's about time. Zaremba: Yes. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess, Councilman Zaremba, I would ask what the hung was? I mean why didn't this wait until the RFP process was completed with Canyon county, so we didn't work independently, but at least knew what the different choices and options were prior to making a decision and significant changes. I mean I'm all for the every other year and I know that was part of the recommendation from the air -- Treasure Valley Air Quality Council to look at that kind of change, but if it's not consistent across counties it causes confusion for the general citizens, it doesn't allow for the collaborations of maybe the economies of scale and if our test in Ada County is going to be more expensive than it is in Canyon county, you're going to have citizens over here wanting to do it over there, because it's less costly over there and we only have to do it every other year here and -- I just -- I am kind of baffled by why there was a rush a month before the RFP process was able to be verbalized by DEQ and decisions were slated to be made. Zaremba: Madam Mayor, you have summarized discussions that the Air Quality Board has been having for almost seven years about when are we going to do this and what the reasons are to do it now or to put it off and the consensus ended up being we may very well not exist six months from now. The Air Quality Board may not exist six months from now. We may find that somebody bids for Canyon county in a program that we could realign and match and we certainly are going to stay in very close touch with DEQ, which we have up until now, I believe, and in February find out what the responses are to the request. The issue of putting it off again and we actually have come close to making this change every month for the last two years. De Weerd: Well, it made sense two years ago. Zaremba: Beg your pardon? De Weerd: It made sense two years ago. Meridian City Council December 15, 2009 Page 28 of 85 Zaremba: Wetl, it did. And part of the reasons that we didn't implement it then was sensitivity -- it would have benefit the citizens we believe or certainly financially the citizens to have implemented it two years ago. The issue at the time was that if Canyon county's program is similar to ours, we know that when we go to this program we are going to put at least half of our existing testing stations out of business. There will be half the customers. That's only testing every other year. Then, you exempt the first four years, another third of the stations will go out of business. So, our sensitivity in not doing it two years ago or even five or seven years ago when it was first being discussed is holding our breath hoping that at some point Canyon county could use some of our existing -- they would just redeploy. Instead of going out of business here they would move into Canyon county and there would be the same program. Nobody in Canyon county has risen to that idea. They appear not to like that idea. We don't know whether our program will change in two months or six months or not and that was a very serious discussion. Why should we change. And the response was that the citizens of Ada County are well aware that they don't need to be testing every year and we get plenty of calls about why are we testing every year and we felt knowing that at some point we were endangering some of our stations anyhow, that putting it off just was not -- again, when do you put it off to? If you're going to go to every other year testing it made sense to us to start it at the beginning of a year. So, the end vote -- it passed on an almost even one plus vote. There were half -- almost half the group that said we should wait and one more than half the group that said we need to do it now. So, yes, those concems were expressed and considered and the end result was even if we have to change it again we want the citizens to go to every other year testing now. De Weerd: Okay. Rountree: Any follow up? De Weerd: No. Probably safer I shut up. B. Legal Department 1. Server Training Ordinance Update by: Bill Nary. Rountree: We certainly know your opinion. Next item. Legal department. Server training. Nary: Thank you. Mr. President, Madam Mayor, Members of the Council. If you recall we had this discussion recently in October about our server ordinance. We had a citizen who is also a licensee who had expressed some concems about the program and the training requirements, so we did meet with -- it was Suzie Seitz and we did meet with her and she did not realize how our ordinance was set up differently than the city of Boise. She was concerned that we were going to name specific programs in our ordinance and that there was no method for anyone else to compete with those programs and that was not our intent at all and that's not what our ordinance says. So, Meridian City Council December 15, 2009 Page 29 of 85 • my staff and myself and our clerk's office and the police all met with Ms. Seitz and did incorporate some of the information she provided to the discussion. So, it is ready to go forward. I don't think it's changed anything significantly. We did make sure it was clear that for the licensees that if the licensees were to violate that, basically, having servers that are not certified serving alcohol in their establishment, that they run the risk of the potential of having their license revoked by the city. We did intend this -- the intention was to educate in our going around, we sent out from the clerk's office notices to the licensees prior to their expirations of the license. The licenses all expire at the end of March. We sent out notices in February to advise them of that. Our intent was to also create a document to send with -- with that notice, so that they will be aware that this ordinance is going to be effective come June of 2010, so that they will have opportunity to have their -- their wait staff testing. In talking with some of the licensees, many of them, because the city of Boise, has already implemented this, many of them have certified servers anyway, because they worked at other restaurants for some of the changes and things like that, so it wasn't a big concern to them. They wanted consistency anyway with the -- with the city of Boise, so this wasn't a -- at least at this point hasn't been a big issue for our licensees, but we did want to make sure we educated them prior to them renewing their licenses, so they did know what requirements were being imposed on them. Other than that, Ms. Serz didn't have any other concerns and so we are ready to go forward at your direction. Rountree: Comments? Guidance? • Bird: Mr. President? Rountree: Mr. Bird. Rountree: Bill, I like this draft of the ordinance, but how are we going to control the -- the places where you walk in and buy your alcohol, because, you know, if you refuse somebody and kick them out of your premises and they still want to continue to drink, they can walk down to -- or drive down to some store and walk in and buy whatever they want and walk out and get in their car and drive off. While they are not consuming it right there, they are in that kind of shape and almost bet you they start consuming the minute they get in the car, but is there any -- I mean I don't know -- that would be a nightmare to get your arms around, but -- Nary: Madam Mayor -- Bird: It's a nice start, but -- Nary: Sure. Madam Mayor, Members of the Council, Council Member Bird, you know, we had -- we have had that discussion both at the state level, as well as the local level here on trying to deal with that. What we found, although there is now testing, there are programs that are available to deal with commercial sales and Jacksons is one of the • bigger commercial sales locations in our city with the number of outlets that they have. They actually have from the state's perspective probably the best in-house program for Meridian City Council December 15, 2009 Page 30 of 85 that exact scenario, but what we found from a law enforcement standpoint is that's not a huge problem of people going to the grocery store, buying a six pack of beer, and going home and drinking it. The real problem is the servers in the restaurants where the people are consuming them on the premise, the over service is still a problem or can be a problem. The under age consumption, of course, can be a problem. So, the underage consumption can be a problem both at the commercial locations, as well as in the restaurants. But the service of people or getting over served or served out in the community and being a danger on the roadways is much more prevalent in the licensed establishments, the bars and the restaurants, than it is from purchasing it and going home with it. Bird: I don't disagree with that. Rountree: Any other comments, questions, on the proposed ordinance? Bill, I just had a question on the enforcement clause and the authority of the city clerk for revocation. Is that provided in our ordinance? Is that provided in state statute? Where is that? Nary: That's provided in our ordinance. The City Clerk is the licensing authority for the city. Rountree: Okay. Nary: The City Clerk has the authority to revoke any licenses subject to appeal. Rountree: Okay. Nary: They appeal, then, it comes to you. Rountree: All right. De Weerd: You might ask the chief if he has any comments. Rountree: Chief, do you have anything you want to mention about this? Lavey: Mr. President, Madam Mayor, Council, I just thought I would add a couple words to the comments that Councilman Bird just said. About six weeks ago we did some compliance checks and Councilman Zaremba is aware that we were doing this, but he didn't want to know who we were targeting, so he doesn't -- he doesn't know who I'm going to mention today. But I will tell you that we did hit all of the Shells and they were compliant and they do do a great job as far as doing the server training. Not required to, but they choose to do that on their own. We think that once we do get this on the books that through education we will get more people on board with it. We did -- out of those 24 establishments we did sales where you actually went into like a community in sales and, then, we also did bars themselves. We only had one establishment that was noncompliant and that was a bar. So, I believe that although the results are real narrow, it does show what we are talking about today. And with that being said, as far Meridian City Council December 15, 2009 Page 31 of 85 • as the revocation, we provide our information to the clerk's office and the clerk's office is the one that does the administrative side of things for us. So, I don't believe that's an issue either. And that's all I have. Unless there is a further question. Bird: Mr. President. To add on that, Ithink -- Bill, I think that these -- this ordinance here will impress upon the owners -- I don't know what their first offense is. Is it 30 days without a license or 60 days or something like that if they get caught and, you know, that's a lot of income out of their pockets. So, they will make sure that we keep the servers doing it right. This has been tried before. Ithink it's a great idea. Rountree: Any other comments, questions? discussion let's move forward, Bill. Nary: We will put it out in your agenda. Rountree: Great. Thank you. De Weerd: Mr. President? Rountree: Madam Mayor. I'm getting by the comments and De Weerd: I guess just a comment and it might have been by John Watts that was a • lobbyist for a couple of the restaurants I think over in Boise that went through the process and had some comments about Boise's process to maybe avoid some pit falls as we do it. I don't think anyone was opposed to it, but it was more in the process of how it was done. So, just to make sure that we learn from what they did or didn't do and how we roll this out, but make sure as -- that anything that might need to be written into the ordinance is done as you bring it before Council. Nary: Thank you. C. Parks Department 1. Administrative Policy -Metal Detecting in Parks by: Steve Siddoway Rountree: Next item. Steve. Metal detection in the parks. Siddoway: Mr. President, Mayor, Members of Council, here to report back that we listened to the concems expressed by the Council, took the feedback that we got back to staff back to the commission, and we are back tonight with what I hope is a workable solution. Basically, as we presented the proposed permitting process to allow for metal detection at the last meeting, there were concems that it was overly burdensome, unnecessary, an enforcement problem and a solution that did not have a problem. ® Frankly, we agree. We were just trying to maybe be a little over proactive in trying to address a problem before it came, but the proposal before you tonight is to -- we have Meridian City Council December 15, 2009 Page 32 of 85 • completely dropped the MOU with Conn's Wampum Hut. We removed all language relating to a required permit. We have what is a one-page administrative policy as to how we would expect metal detecting to happen. Our intent would be to simply allow it, to publish these rules on our website, share them with those that have expressed an interest in doing so, and, then, simply allow it through this next summer and possibly, you know, forever beyond that, but to regroup after this summer, after we have some experience with allowing it, and just saying how did it go, have we had any problems right now. Based on staff experience with those that they have witnessed in the park doing it, they don't expect problems, so we would propose to you that we simply adopt this administrative policy and allow it and, then, see how it went after this coming summer. So, I would request any feedback and if you like the direction we will put it back on your agenda as a -- with a resolution on your Consent Agenda. Rountree: Comments or questions for Steve? Bird: Looks good to me. Rountree: Brad? Hoaglun: I think this will work. Bird: Yeah. I agree. • Rountree: Good job. You did listen well. Siddoway: All right. Thank you. De Weerd: Well -- and the commission it should be noted for their participation. Siddoway: I will. And I should mention that the commission did take formal action on this last week at their meeting and made a recommendation to Council that they are on board with this direction as well. Rountree: Thanks, Steve. Bill, in terms of this being an internal regulation, does that have to have a resolution or just something that's adopted by the parks commission? Nary: Well, Mr. President, Members of the Council, I would recommend we do a resolution and, then, pass it as an official resolution of the Council, so that way the enforcement both from the police, as well as the parks staff, isn't questioned and that this is the direction of the city. Rountree: Then, if we could move it forward in that fashion. Nary: We will do that. • D. Public Works and Legal Departments. Meridian City Council December 15, 2009 Page 33 of 85 1. Bittercreek Lift Station and Pipeline Purchase Agreement by: Tom Barry and Bill Nary. Rountree: We will see it soon. Thank you. Next item, Public Works, the Bittercreek lift station, the purchase agreement. Tom and Bill. Barry: Thank you, Mr. President, Madam Mayor, Members of the Council. We are back before you this evening to pick up where we left off last week regarding the Bittercreek lift station sewer project. At that last meeting we had with you last week you had concerns about a purchase order for payment to the part of the project that had been reviewed, inspected, and accepted by the city inspection team. We went back and crafted a purchase agreement, which wasn't too difficult, since we used the old reimbursement agreement that was never signed with Mr. Jewett and pulled the elements out of that reimbursement agreement and put into a purchase agreement. The legal department's reviewed that and communicated that to legal counsel for Mr. Jewett. Where we currently stand at this point in time that's adraft -- a revision to the draft that we sent was just received today and there is no signature from Mr. Jewett currently. So, we are still going back and forth on revision at the current time. We believe that our draft of the purchase agreement covers all of the elements the Council was concerned about and the revision that we received today, in my opinion, does undermine some of the concerns with regard to addressing those concerns and so there is still communication back and forth as to how to get that resolved. I don't know if Mr. . Nary would like to add any comments to this, since he's been the primary communicator with Mr. Jewett's legal counsel. Nary: Madam Mayor, Members of the Council, amongst the hundreds of a-mails we have had in trying to get this issue resolved, Ithink -- and I'm not going to say it's an impasse, but I think where the issue really breaks down is in this purchase agreement that we are trying to accomplish. We are trying to accomplish both the issues that are dealing with the in-the-ground completed infrastructure and the materials necessary to go forward with the remainder of the project, as well as I have the sense that Mr. Jewett on the remainder of the project that they still are responsible for what Mr. Jewett's attomey would like is to separate those into two separate transactions. Mr. Jewett isn't asking for any payment for anything that he has performed not by this contractor EOC. EOC has provided us in writing their assurance about the performance bond. Those will remain in place and the warranties will remain in place, so there is not -- I don't think there is a tremendous issue there. Ithink where the hang up has been is in trying to accomplish two things in one agreement. We haven't been able to negotiate, I guess, all of the language very well. You have got three lawyers in this and, you know, how that can be. So, what Mr. Jewett's attomey really wants or would like us to consider is really finalizing the agreement on the in-the-ground infrastructure and the materials for the future. That would resolve the issues -- let me take that back. They resolve a portion of the issues with Eastern Oregon. Eastem Oregon still has issues on -- and you have seen this previously about the city's roll in enforcing some of the issues out on the site and those have not been resolved and aren't going to be resolved by this agreement regardless of what we do. But rather than trying to incorporate all of the -- Meridian City Council December 15, 2009 Page 34 of 85 all of the potential risks that we have with Mr. Jewett and trying to resolve the issues .with him, his attorney would like to simply resolve the issues with EOC and get this portion of this that the city -- is acceptable to the city, meets our standards, we are willing to purchase and, then, meets all our other concerns about warranty and performance, if we can get those finalized in that agreement, then, we could move forward, we can get those paid through the escrow they can get the lien releases to us, we could transfer the ownership of the materials, so that we don't have an issue of paying for restocking them, paying for them a second time, and those kinds of things. We can accomplish all of that, I believe, before your next meeting and get a signed agreement if that's your direction. If you want us to still try to get both the issues going forward with Mr. Jewett, as well as the issues going back with EOC into one agreement, that may or may not happen by your next meeting. I think -- I think that's really where we are at and my recommendation is we need to pick the fruit that we can get to and the fruit -- the fruit we are willing to address today is what's in the ground, what's acceptable to us that we were willing to purchase and what materials do we want to purchase, to, then, not suffer that additional cost in the future that could be used for the continuation of this project. We still need to work out issues with Mr. Jewett, that's probably never going to change, I hope to work here long enough that we can resolve all issues with Mr. Jewett, but today I think we needs to go forward with what we have got and try to get at least that part of this puzzle, because that's the problem is having three different parties trying to dance around the issues that are between Mr. Jewett and EOC, city and Mr. Jewett, and currently only really a claim between EOC and the city with really no contractual or business relationship between the city and EOC. Again, the issues that EOC has with the city aren't going to change by no matter what agreement we do today. So, all we really would be doing is trying to at least get a piece of this puzzle done without it continuing to drag on. You're probably tired of hearing this discussion. I know -- I know Mr. Bany and I are probably a little exhausted in trying to do this, but I think if we can at least resolve the issues with EOC on what's been done, what meets our standards, and follow through on just that portion alone, then, it will become a little less complicated in just having to deal, then, with Mr. Jewett. Bird: Mr. President? Rountree: Mr. Bird. Bird: I notice on the physical impact that it's went up about 30 some thousand from what we had last week. Is that showing it without the retainage? And in this development agreement -- I might be missing it, but where does it show the -- refer to retainage? Nary: As I look at it it's on Exhibit D, Tom, is that the one where we are talking about -- that has the retainage. Bird: Number two payment. Meridian City Council December 15, 2009 Page 35 of 85 • Nary: Right on the retention Exhibit D on the back, Mr. Bird. There the retention amount is listed for all of the pay applications Bird: Oh. Rountree: In the back. Nary: So, I think that's what we are -- isn't that what we are referring to, Tom? Barry: Yes, sir. That's correct. One of the continued challenges with Mr. Jewett on this issue is the matter of the dollar amount, which is, again, why we suggested last week a not to exceed amount. What we have found in reviewing Mr. Jewett's pay application is that he has intermixed water infrastructure with the sewer infrastructure and we, the city, are not obligated to pay for water -- water infrastructure. So, there has not been as quick a resolution to our concerns by Mr. Jewett regarding a finalized number, which, again, is why we recommended a not to exceed amount, again, withholding the five percent retention on workmanship, but not a retainage on materials, since there is no retainage, of course, to the contract for material. Maybe to expand briefly on the concerns that Public Works currently has with the revised agreement that Mr. Jewett's attorney sent to us this afternoon, the areas of concern that I currently express interest in are regarding the performance bond, specifically the fact that, we the city, wanted to insure that the performance bond is going to remain in place for a year after initial • payment of this particular project, but that's conceivably been addressed and at least in e-mail approved. Also, what has not been, however, addressed is the city's right to require exclusion of that performance bond should the need arise, since that performance bond has been issued with Mr. Jewett and EOC, the city is not a party to that pertormance bond, has no legal right to this point in time to execute or require execution of the developer for the performance bond. So, that, to me, is still an issue that needs to be addressed that has not adequately been addressed in the revision we received this afternoon. The other issue, which I think is -- has been addressed is the warranty. There has been a certification by both EOC's attorney, as well as JLJ's attorney that they will honor the one year warranty, yet that was stricken from the revised purchase agreement submitted to us this afternoon. So, bamng that, from Public Works standpoint, there may be issues that Mr. Nary sees in the introductory language, as well as the latter part of the agreement that has been stricken as well and I'm not familiar with those impacts on the overall agreement. So, I can defer to Mr. Nary about those issues, but I think we are close, it's just are we -- you know, are we going to get there, that's the question. Bird: Mr. President? Rountree: Mr. Bird. Bird: Tom, have we got a pertormance bond between us and the developer? U Meridian City Council December 15, 2009 Page 36 of 85 Barry: We do not. The -- the project was assigned to Mr. Jewett and Mr. Jewett contracted in advance of an agreement -- remember, the reimbursement agreement that was supposed to be put in place before the work was to again, Mr. Jewett decided on his own to enter into an agreement with JLJ and by doing so and not having the purchase -- or the reimbursement agreement with the City of Meridian, which is the vehicle that requires the letting of a purchase -- or, excuse me, a performance bond with the city's named on that bond, since that didn't happen we are not currently named, which is why I feel it's important in this purchase agreement that we have a legal right to require Mr. Jewett to execute the performance bond should the city see that need in the future. Bird: Okay. Follow up? Rountree: Mr. Bird. Bird: Well, Tom, I -- if we -- in agreement if we got a performance bond from him, we could care less if he executes the one with EOC. Bany: That's correct. Bird: If we get one between him and us and, then, we can execute it. There are too many parties involved in this thing. I'm like Mr. Nary, Idon't -- you don't know what's coming and what's going. Nary: Madam Mayor, Members of the Council, I mean if your direction is to -- by agreement -- with an agreement, a signed agreement with Mr. Jewett, I'm hopeful I guess that we can have either one of those options, because even in our discussions with Mr. Jewett 's attorney this afternoon I'm not totally sure what the hang up is, but if the hang up is left with you either to agree to -- in writing to not -- or to execute that performance bond upon our request, which is what our original agreement said, or you provide us with one and that's the only issue left on the table, besides making sure the infrastructure is satisfactory to our conditions and the materials are secured and all that other stuff that I -- I don't think is a problem, I'm hopeful we can get that done. The only issue, then, is can we get that done with your direction and bring you the agreement next Tuesday, but if we could get all of the financial things worked out what we are paying for specifically -- I know Mr. Barry's staff has been working diligently trying to make sure all we would be agreeing to pay for is the infrastructure that is completed and the materials that are remaining for the rest of the job. Again, like Mr. Barry said, separating out anything else that Mr. Jewett has agreed to not be seeking any payment for anything related to his work or what he is performing outside of what EOC is entitled to, that all we are talking about is that, if we can get that resolved before next Tuesday we would like to process the payment and get it done and bring -- but we won't do it until we have a signed agreement with Mr. Jewett. It just won't be back in front of you until then. And they don't want to wait until Christmas week to try to get a payment cut. If we . can get it done before next Tuesday with your approval we would like to do that. Meridian City Council December 15, 2009 Page 37 of 85 Rountree: Further questions? Brad? Hoaglun: Mr. President. And, Bill, that -- that check that would go to Mr. Jewett, who would -- then, in tum, would pay Eastern Oregon? Nary: It would actually go to the escrow company. Hoaglun: Okay. That's right. That's what we talked about last meeting. So, thank you. Rountree: Bill, I still have a number of outstanding concerns particularly related to issues that won't be resolved if what you say we might have to do to move this forward and that's separate the issues and deal with them one at a time. Any agreement that moves forward that takes care of the performance bond issue I would also like to have a paragraph in there that identifies that this agreement only deal with and specify the issue and outstanding issues as follows are not addressed by this agreement and will be the result of future negotiations and -- because I can tell you if we enter into an agreement without being real clear what we are agreeing to, we are going to be back in mediation. Nary: I would agree. Rountree: Any other guidance, direction? Go ahead, Madam Mayor. One more time. • Mr. Bird? Are we comfortable, uncomfortable with moving ahead with an agreement along the lines that Mr. Nary provided us with taking care of the risk as it relates to performance bond and payment for services rendered and a clarification in the agreement of what it is specifically we have agreed to pay, what it is specifically that are remaining issues and have yet to be resolved? Bird: Mr. President? Rountree: And -- Mr. Bird? Bird: I -- yeah. I think that would -- my big concern also still is to the bill of sale on the material that's being purchased and we also -- they have done that with this certificate of insurance and I think we -- what Mr. Nary said we move along and take a look at it and when it comes back and see what they agree to, because I just don't want to get caught in the comer again. Rountree: So, assuming you craft an agreement and get them to sign it, then, you need authorization to proceed with the payment in the amount of $374,288.64. Okay. That's the rub. And I need a motion in order to proceed with that. Bird: Mr. President? Rountree: Mr. Bird. Meridian City Council December 15, 2009 Page 38 of 85 Bird: I am not making a motion or voting for a motion until I see it in writing. Rountree: Okay. Bird: Our -- our track record with this developer isn't that good. Rountree: Mr. Nary. Nary: Mr. President, Members of the Council, maybe again -- I understand the urgency is not really ours. The urgency is really theirs. That's probably been a frustration for me, with Mr. Barry, but part of this is the urgency has really been on this construction company that, essentially, is 374,000 dollars in the red for work they have performed and completed. So, I understand it's not our urgency. Would you -- and I understand your concerns, Mr. Bird. You know, I told their attorney today it seems like every time we have had this dance we have felt burned, even if we haven't been burned we felt -- haven't felt very good about it and how it's evolved. But would the Council be willing to allow the Mayor and the Council President the authority to approve the agreement to go forward for payment subject to your ratification, because if we wait until next Tuesday when the Mayor isn't here and we wait until next Tuesday -- again, if you agree with the agreement we won't get it processed during the week and if we can get it processed before next Tuesday it would be nice to be done with this. But we could certainly bring it back to the Mayor and the Council President. But if your preference is that you want it as a group next Tuesday before you do anything, that's certainly your prerogative and we will do that. Hoaglun: Mr. President, just to weigh in on this, you know, I would like to have an airtight agreement. I don't know if that's possible. I like that change that you have suggested and that will certainly help. I think we are getting close. You know -- and I understand the concern of this contractor. I mean they are on the hook and they have got bills to pay and people to pay and maybe a bank to pay. I'm not sure. As long - I know there is some other issues that we have to resolve and I can a by separating this I think that does take care of the current issues that we are dealing with with the contractor with their contract. I'm -- I'm -- we could go to that point, but you guys have much more experience in dealing with this issue than I do, so -- Bird: Mr. President? Rountree: Mr. Bird. Bird: I don't -- you know -- and I don't want to hold the money up from the contractor, because, like you say, he has spent the money and he's out -- he's out, but you -- you know, if we are just dealing with paying him and being done with it, I wouldn't have no problem, but I -- I can't -- I could see working out a way that we can get him a deal, but then, once you --ones you pay him it gives -- we have no leverage and we all know that . we got to have some leverage. Meridian City Council December 15, 2009 Page 39 of 85 • Hoaglun: Mr. President? Rountree: Brad. Hoaglun: If I might kind of inquire about that. I have been trying to think here, okay, what are we giving up, you know, by doing this agreement this way, because that worries me, too. We have to have leverage in this relationship. I mean that's just the way this thing has gone and to be not taken advantage of, but I -- I haven't come to grips with what are we giving up that we haven't given up already or we are still -- still dealing with. So, that's where -- I don't know if there is a good leverage point that we are giving up, then, we better not be doing it, because we need to hang onto it, but I haven't found that leverage point yet. Bird: One hundred twenty thousand in materials. Rountree: To me we have been put in this position yet again by this particular company. We don't have a contract with people that are sitting out there with 374,000 dollars worth of expenses. That's between the contractor and the developer. In my opinion, if they need to be paid, the developer needs to pay them. I'm totally familiar with cost a reimbursable program and you pay and you get repaid. All he's done is put us in a situation where he doesn't want to pay, he just wants the city to put it in escrow, so it doesn't -- he doesn't have to cash flow it. I'm in no hurry to meet his demands in • reality. I can appreciate where the contractor is and Iwould -- you know, it is the charitable time of year, but given, again, our history here, it's not good. I know there was a sense of additional litigation last week. I think it's there any way. I think it's going to happen. I think if we make a payment to the escrow account to some degree I think, again, we are enabling this individual to continue to manipulate the city. I'm not excited about having that happen yet one more time. Now, that's his contract. We haven't inked the same on this deal, because he wanted to go off on his own and do this on his own. We had a process in place, we have an agreement in place, and, again, the agreement has not been met and we are sitting here talking yet again about rewarding the individual for not being able to meet his -- the terms of his agreement, his shake of his hand, and his word. And I'm through with him personally, but I don't know how the rest of the Council feels about it. Bird: I'm with you, Charlie. Rountree: David. Zaremba: A question to Director Barry. Refresh my memory. Where are we in inspecting and/or accepting the work that has been done? Barry: Mr. Zaremba, the work that has been listed on this particular agreement is work that has been inspected by our inspection team and has been accepted for the most part bamng punch list items. Those punch list items, as we talked last week, are items that we feel comfortable can be covered by the retainage being withheld in this Meridian City Council December 15, 2009 Page 40 of 85 particular agreement, with the assumption that we don't have an unraveling of the punch list items. What I mean by that is say that there is a small issue that we have identified as small and as we get into the fixing of that particular issue additional issues are found that we haven't yet seen. So, that's why the performance bond is important, as well as the warranty, because that covers us in the event we find some major issue beyond what could be covered in retainage, we would have a vehicle by which we can execute required -- well, required fix for that work. You know, I -- I understand, if I may continue for a moment, I understand that concern of the Council. I have the very same concerns and although I -- my experience with this developer has not been of the tenure of yours, it is, nonetheless, no different. Nevertheless, I believe that the leverage the Council referred to is in the agreement as currently proposed by the city. I think that the legal team and my staff have done a good job to insure that the typical assurances we would normally get on a project have been included and I will enumerate them very quickly. First of all, we were requiring that the developer maintain the performance bond with the contractor. Second of all, that the developer would be required to execute the performance bond at the city's request. And, third, that all lien releases for the city are received within 30 days of execution of this agreement. Fourth. That the developer would secure a bill of sale for the materials that's being stored -- purchased with this agreement. Next, the developer would acquire a certificate of insurance, which was discussed last week. Also, the developer would acquire written assurance that the materials being stored will be secured. And, then, also that the developer would furnish a written guarantee to the city to warranty all work covered in the agreement for a year's time. Those are -- those are the big issues that we feel we are pretty close on. If those are the issues that you also feel strongly about, which I believe most of them are, since they were enumerated at last week's meeting, then, I think what we need to do is just get back to Mr. Jewett and say that's the agreement, those are the terms, and those are the issues important to the City Council and he can make his decision as to whether or not he wants to enter into the agreement. I think the agreement as drafted is a good agreement and does cover us for what would typically be covered under agreements of this kind. So, I don't know if that helps at all with regard to alleviating some of the concern or if it exacerbates it. Bird: Mr. President? Rountree: Mr. Bird. Bird: I have got a question, Bill. On that performance bond, is there any way at this late date that -- see, Idon't -- we can get an agreement where we can require him to call in the performance bond, but there is no guarantee we are going to get the money or get the work done out of it, unless we have that -- is there a way we can -- I know we didn't get it, but is there a way now at the late date that we can get our name on that performance bond? Nary: Mr. Bird, my recollection was I looked into that and I didn't think they could do that. Meridian City Council December 15, 2009 Page 41 of 85 Bird: They can't do that? Nary: No. That's what we discussed -- Bird: What assurance do we have if he calls in the performance bond on this contractor that the money is going to be used for this project if we have already given the contractor the money? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Isn't that the kind of thing that would have been covered in the original reimbursement agreement that he has not signed? Bird: It isn't signed. Zaremba: I know. Well, that's -- he already has not agreed or by inaction hasn't actively agreed to what we are asking. Barry: Mr. President? • Rountree: Tom. Barry: The reimbursement agreement that's generally drafted -- and Mr. Nary can, please, correct me if I'm wrong -- generally includes terms very similar to those which are included in this purchase agreement. The main difference here is that the reimbursement agreement now that we use is an agreement that pays over time with the collection of assessments made in the benefit area of the improvements where those improvements are being installed. This particular agreement covers many -- a great deal of those same very issues, things regarding warranty, things regarding the performance bond, lien releases and those sorts of things. That is in this particular agreement that's before you this evening that the city had drafted. That revised agreement that we received from Mr. Jewett's attomey took some of those securities out of the agreement, which is what I'm concerned about, and so from my standpoint I would like to have the Council direct me per se or Mr. Nary to hold fast on what it was in the agreement that we drafted and sent to Mr. Jewett's attomey or, alternatively, do our best to strike some middle ground between our concerns and Mr. Jewett's concerns. But, again, I think with regard to the reimbursement agreement, the purchase agreement covers many of those very issues, which is why last week it was recommended as the document to provide those assurances, unlike a purchase order, which was originally suggested. Rountree: Questions? Comments? Anybody have a clear vision on this? Somebody want to attempt a motion? Meridian City Council December 15, 2009 Page 42 of 85 Bird: I'm not going to attempt a motion. Bring it back. Rountree: Any direction you want to provide Tom and Bill? Bird: Mr. President? Rountree: Mr. Bird. Bird: Tom, I agree with you. I think -- I think this development agreement you guys have got up I'd like to see it a little stronger, but I think it does protect us. I think you have done a good job between legal and yourself and until I see his signature on there airtight, I'm not voting for it. I'm not voting to -- I mean I will vote, but it is not going to be positive. I mean I -- we have been backed into the fire so many times by this developer and I'm tired of being backed in. It's -- when we are paying the money we should have at least a 50 percent chance. Rountree: Mr. Bird, I just need clarification on your comments in terms of what's been drafted. What's been drafted that we see and what's been alluded to and listed by Tom in his comments, those items that were in the original development agreement, as well as -- Bird: I thought we was talking about the purchase agreement, Mr. President. • Rountree: Okay. Bird: Is that what we are -- and, like Isay, I -- Mr. President, I -- I wish some of them had a little more bite in them, but Icould -- I could live with this if they can agree to it, but they haven't agreed to it. They have come back, if I understand, and wanted to pull stuff out that we -- that I believe we need in there. Nary: Mr. President, I guess that's -- and I don't disagree with you, Mr. Bird. If they will agree to those conditions and sign this agreement tomorrow, do you want to wait another week before we talk about it again? That's really the only issue I have a concern with. Bird: Mr. President? Nary: If they will agree to everything the city is willing to do or want and they will sign it tomorrow, I just don't want to be waiting another week to try to get this process done, because part of the issue is these materials -- the longer we are holding them -- they are going to return them and if -- and, then, we just, again, have a different issue and a different problem. I don't want us to end up in -- I don't want anyone to end up in a lawsuit. I don't want Mr. Jewett to end up in a lawsuit. But I don't want it to have some court try to unravel what it's taken us hours to talk about when we can't figure -- and it will cost way more money and time than if we could at least get out of the picture the issues that really aren't contested by anybody. That's my only concern, Mr. Bird. Meridian City Council December 15, 2009 Page 43 of 85 Bird: Mr. President? And I have no problem with that, Bill. But, you know, we got -- we got -- we spend lots of money on electronics and stuff and a-mails to every Councilman and the Mayor saying it's been signed, it's been agreed to and everything -- what -- you're positive. Do it. Do you authorize the Mayor to sign and the Clerk to attest, we can handle that, or a phone call? Nary: Yeah. I can't do that. De Weerd: We can't do that. Nary: That's the problem. I need you folks to authorize the Mayor to do that today if we get the agreement to what you want. Rountree: Or we have to have another meeting. Nary: But Ican't -- I couldn't do a meeting over the intemet, so I have to have your direction here and if you don't want to do it, that's fine. But my only concern is if we can -- if we can iron these -- these issues out in the next day or two and process this payment before next Tuesday, that would be ideal. But I need your authority for the Mayor to sign the agreement if they will agree to it. If they can't, that's their problem. I mean it's not our problem, but -- Hoaglun: Mr. President? Rountree: Brad. Hoaglun: Let me try something. If it gets shot down it gets shot down. I move approval of the purchase agreement with the conditions laid for this by Council and additional terms as recommended by this Council and staff to be included and that if those conditions are met and signed by the other party, then, that payment would be made not to exceed $374,288.64. Rountree: Is there a second? Bird: I will second it. Rountree: It's been moved and seconded to move forward with the purchase agreement as stated by Councilman Hoaglun. Roll call vote? Bird: Question. Discussion. Rountree: Discussion. Bird: Does that 374,000 include five percent retainage or exclude? I wasn't fast enough in my head to add up those figures. Meridian City Council December 15, 2009 Page 44 of 85 Rountree: Tom, do you have an answer to that? Barry: I do. I'm just verifying. I believe it excludes it on the pay application Exhibit D, but I'm just verifying for the moment -- Bird: I couldn't add it up fast enough, Tom, in my head. Bany: I believe that is correct, Mr. Bird, according to the pay application Exhibit D, there have been retention minus that of the first three pay applications and, then, the fourth pay application there is no retainage removed, because, again, that's for stored material. But the motion also was a not to exceed, so we will doublecheck that as well. Rountree: Further questions? Discussion? Roll call vote. Roll-Call: Bird, yea; Rountree, nay; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 8: Other Items A. Public Hearing: Adopt PY2008 CDBG CAPER, Staff Report by: • Caleb Hood Rountree: Thank you. We can move on hopefully. Next item is the -- let's see. Public hearing. Public hearing for the adoption of the 2008 CDBG CAPER. And that would be Caleb for that? Hood: Mr. President, thank you. This the Consolidated Annual Performance and Evaluation Report or the CAPER that is due to HUD by December 30th. The CAPER tracks the degree to which entitlement communities, one, successfully implement that year's action plan and, two, advance goals and objectives of the five year consolidated plan. The CAPER does require a public hearing, which is going on right now. It was opened on November 24th by the City Council. Staff has opposed the draft CAPER report on line prior to this meeting. Going back several weeks ago it was opened online. We have not received any comments to date. The request for tonight is to have the Council seek any testimony on the draft CAPER and close the public hearing and have the Council adopt the CAPER and, then, direct staff to prepare a resolution. Matt did mention to me that he had some things with finance that he needs to get secured away before that resolution is complete, but, essentially, he thinks he can do that within the next few days here, get the resolution to legal and, then, put that on your Consent Agenda next week, if that is the action you take. So, that's the staff report, unless you have any questions. Rountree: Any questions for Caleb? Meridian City Council December 15, 2009 Page 45 of 85 Bird: I have none. Rountree: No questions. It is a public hearing. Is there anyone wishing to provide public testimony on the CDBG CAPERs grant? Seeing none, I need a motion. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Does the public hearing need to remain open for a period of time or can we close it? Rountree: It's timed out. Bird: It's timed out. Zaremba: I move we close the public hearing on the CDBG CAPER. Hoaglun: Second. Rountree: It's been moved and seconded to close the public hearing on Item 8-A. All those in favor? Motion passes. . MOTION CARRIED: ALL AYES. Rountree: Need a motion for adoption of the -- Zaremba: Mr. President? Rountree: -- report and preparation of a resolution. Mr. Zaremba. Zaremba: I move we adopt the report and request a resolution be prepared on Item 8- A. Hoaglun: Second. Rountree: It's been moved and seconded to adapt the CDBG CAPERs report and for staff to move forward with the preparation of a resolution. All those in favor? Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. Rountree: Next item. 8-B. • Meridian City Council December 15, 2009 Page 46 of 85 B. Continued Public Hearing from June 9, 2009: Meridian and Amity AZ 08-005 and VAR 08-008 by Hawkins Companies Located at the Northwest Corner of West Amity Road and South Meridian Road, Staff Report by: Planning Department 1. Continued Public Hearing: AZ 08-005: Meridian and Amity - Request for Annexation and Zoning of 73.10 acres from RUT in Ada County to R-15 (Medium High Density Residential)(5.68 acres), L-O (Limited Office) (3.22 acres) and C-C (Community Business)(33.47 acres) Zoning Districts 2. Continued Public Hearing: VAR 08-008: Meridian and Amity - Request for a Variance to UDC 11-3H-4 Which Prohibits New Approaches From Directly Accessing a State Highway to Allow Two Right-in/Right-out Access Points (approximately 660 Feet from the North and South Intersections) and One Right- in/Right-out/Left-in Access Point at the 1/4 mile to State Highway 69/Meridian Road South of Harris Street Bird: Mr. President? Rountree: One and two. Mr. Bird. • Bird: I move we continue AZ 05-0 -- 08-005 and VAR 08-008 until March 2nd, 2010. Hoaglun: Second. Rountree: It's been moved and seconded to continue these public hearings on items 8- A, one and two, that have been opened since June 9th. All those in favor? Nary: Mr. President? Before you vote. Mr. President, Members of the Council, if you don't mind, we had a discussion at our staff meeting today about noticing of this. This has gone on for a long time. We have had a number of continuances that you're aware of. Would the Council consider requiring as a condition of this continuance, again, that the developer or the applicant renotice this hearing? Because if a neighbor had been watching this there is no way they have kept track of this -- this thing. It's been open since '08 and we just felt from the staffs perspective to be fair to the public that with this long a delay that a requirement that they pay to renotice this project seemed reasonable. Bird: Motion maker would have no problem. Rountree: Motion maker? • Bird: Would have no problem adding that to the motion. Meridian City Council December 15, 2009 Page 47 of 85 • Hoaglun: Second is fine with that. Nary: Thank you. Rountree: Consider that added to the motion. Bird: You bet. Rountree: Does that need a roll call? Bird: Yeah. Rountree: Madam Clerk. Okay. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 9: Continued Department Reports A. Planning Department 1. Summary Staff Report of ACHD 2011-2015 Draft A of Five Year Work Plan by: Caleb Hood Rountree: Next item. Planning Department. Department reports. Item 9-1, summary staff report ACHD. Hood: Thank you, Mr. President, Mayor, Members of the Council. Rountree: Caleb. Hood: ACHD recently released Draft A of the five year work plan for fiscal year '11 through '15. I have summarized all the Meridian projects in Draft A in the table, which is on the screen now. I'm going to highlight just a few of the projects, but first I wanted to just make a couple of notes on this year's five year work plan, at least Draft A. First of all, ACHD has across the board basically decreased project estimates on average of 20 to 25 percent, which allows for projects to proceed in the five year work plan and even new projects to be added. Secondly, in Draft B ACHD will be designating which projects will be the first ones to the chopping block should anticipated revenues and/or construction cost and bids start to creep back up again. So, those will, essentially, be graying out projects in Draft B of the ones that will not be -- go through design and right of way if, again, cost or revenue -- if costs go up and revenue goes down or -- third, they have increased the amount for maintenance and traffic materials in Draft A from last . year. I just want to make a note to -- it appears in Draft B that even more money per year for overlays is likely. This generally means less money for new capital projects. Meridian City Council December 15, 2009 Page 48 of 85 So, less intersection projects, less bridges, et cetera. And, then, finally, a note there is some balancing that program that staff still has to do among the years between design, right of way, professional services and construction, just kind of balance the workload over the five years of that -- of the program. So, I just want to highlight -- you know, it is Draft A. It's -- eventually, the draft -- there will be changes through Draft B. I will continue to tract those and we will bring you another staff report as Draft B is released. So, now, quickly, to a couple of the projects on the list and where they are at in construction years primarily. So, not all these projects I'm going to list are -- it's not all inclusive from what I had provided in the memo and the spreadsheet for your packet tonight, but I did want to highlight some of them for you, ones that we discussed for -- most of them several years now. The first one is Eagle, Victory to Ridenbaugh. It's the city's number one priority project that we submitted to the highway district. It has been delayed in previous years. ACHD is planning on advancing the construction timeline for this project as of right now. In the adopted five year work plan the project is scheduled to be bid in the fall of 2010 and completed in August of 2011. ACHD is proceeding with updating the plan and beginning work on the Ridenbaugh crossing while there is no irrigation water this winter. So, the total project will still not be complete until 2011, but they have accelerated the project by approximately four to five months and the Victory- Eagle intersection could be functioning as a three-by-three intersection by October 2010, about ten months earlier than originally anticipated. I know that intersection is a key reason for this project and many intersections being a four way stop, it was pretty bad. I do want to note that three by three is just temporary. They need to do the roadway widening before they can open up to the full five-by-five intersection. So, it will be a five by five, but they don't open it up like that until the entire project is done. I do want to note the disclaimer ACHD is still evaluating this opportunity. Pipes would need to be in place and revenue needs to be available and there are still pieces that need to begin to fall in place for this to happen. But I'm optimistic and, again, we will continue to track it and provide any updates as I deem necessary, I guess, or -- and if there is any change to this I will bring that back to you. The second part that I wanted to highlight, Ten Mile, Chevy to Ustick. In Draft A this roadway project is delayed one year from 2014 to 2015. However, a major piece of the project, the Ten Mile-Ustick intersection, has been moved up in Draft A to be constructed in 2012. This is in accordance with what we requested in our cover letter with our priority projects that they work on some of the intersections around the Ten Mile interchange, so they are programming this intersection for it to be ready for interchange traffic. Staff is supportive of the proposal and it's the cities number one intersection priority project that we sent to them constructed in that time frame. Quickly I wanted to note to just kind of, as a side note, while we were in the Ten Mile corridor, on November 18th a notice to proceed on the Ten Mile, Franklin to Chevy project, was given by ACRD. That project bid came in at 4.4 million. It had a 6.2 million dollar estimate. Some work will start this week and Franklin Road will be closed beginning this Friday through December 24th for sewer work. So, you're going to start to see the makings of that project here right away. The third project that I wanted to mention and not too far away, just on the other side of I-84, is there is a gap between the realigned Overland and the I-84 project that the state is • doing. Draft A shows this portion of the Ten Mile, Victory to Overland, project being accelerated from unfunded to a construction year in 2011. Again, this project would Meridian City Council December 15, 2009 Page 49 of 85 ® insure that there is no gap as people get off the interstate or head south from the interstate to the new Overland-Ten Mile intersection. At the direction of the ACHD commission, their staff is proceeding with design and right of way for this project now. Construction dollars will have to be acted on separately, but staff is proceeding with that project. And the last one that I wanted to just highlight is the Ustick corridor. As the city requested it, again, in our priority cover letter to ACHD, Ustick from Meridian to Eagle, has significantly advanced in Draft A. Ustick, Locust Grove to Leslie Way, has advanced from unfunded in the currently adopted five year work plan to a construction year of 2013. That project does include a rebuild of the Ustick-Locust Grove intersection. The second mile segment, Ustick, Meridian to Locust Grove, has advanced again, but unfunded in the adopted five year to construction in 2015 in Draft A and that project includes the Ustick-Meridian intersection as a brand new intersection there. And, then, the third mile, Ustick, Duane Drive to Five Mile, has advanced from unfunded in the adopted five year work plan to construction in 2015 in Draft A. Those projects were the city's number ten, 11 and 12 roadway priority projects. I highlighted those because they jump straight from unfunded to construction years that are on the horizon. Just a couple of other quick notes. Projects that are proceeding as planned in the adopted five year work plan. Downtown split corridor phase two, which is the city's number two roadway priority, construction is still showing in 2013. Franklin, Ten Mile to Linder, which is the city's number four roadway priority, is still programmed for construction in 2012. The Pine-Linder intersection -- Pine-Linder intersection, again, is construction in 2012. So, there is no change there. And the McMillan-Locust Grove intersection is programmed for construction in 2011. So, again, I will continue to track Draft B as that's released. Programming staff has told me that they will have that draft by the first Wednesday in January, so I imagine for your workshop in January I will be providing some update on Draft B and seeing if there are any comments you want to forward on. Are there any comments in Draft A that you would like me to make to ACHD staff? I know it was a quick staff report. I don't know -- I hope you have all had a chance to go through the packet. Again, this document that (prepared -- you know, hopefully, with some help it shows -- you know, any changes were in bold there on the far right-hand column. For the most part I think it's pretty positive with those couple of disclaimers that, you know, revenue still has to continue on and bids still have to be coming in below some of the estimates. But any comments you would like me to forward on or any questions? Rountree: Any comments of Caleb? Bird: I have none. Rountree: Caleb, my comment is good job and to Gary as well that I think the committee listened and we had some recommendations that they took to heart and we appreciate that. Thank you. 2. Overland Road Design -Median and Access Discussion with Staff and Property Owners by: Anna Canning Meridian City Council December 15, 2009 Page 50 of 85 Rountree: Next item. Overland Road design. Median and access discussion. Staff and property owners. How many property owners do we have this evening? Just a show of hands. Thank you. Anna. Canning: Thank you, sir. Council President, Madam Mayor, Members of the Council, as you know, 2007 the city adopted the Ten Mile interchange specific area plan and as part of that plan some of the arterial roadways were planned to have medians and as the South Ridge property has developed and Overland Road was reconstructed you had conversations with that developer about the maintenance of those medians. We haven't had an opportunity to allow some of the properly owners on the north side of Overland to come and talk to you and the purpose of tonight is just to really allow an opportunity for those residents to speak to you outside of the original Ten Mile process. Many of the property owners were not involved in the charrette process. What's kind of prompting it at this time is that ACHD is preparing to finalize the design for phase two of the Overland Road, which goes from Ten Mile to Linder, with plans to construct a northern travel lane and associated improvements, those being center median, curb, gutter, sidewalk for 2011. So, ACHD commission has scheduled a public hearing for tomorrow and I -- and, again, we just wanted to let the owners have an opportunity to talk to Council prior to that hearing. In the memo that was prepared for you -- and it's got my name on it, but Caleb was kind enough to prepare the memo for me -- but in the memo that Caleb prepared there is a pros and cons list and I'm going to go through that very briefly. First of all, let me point out the neighbors that are here. Mr. Powell is here. Mr. Blomberg is here. Mr. Van Auker is here. Mr. Lee is not here and (believe -- and I apologize, I think the tenant on one of the properties is here as well. Now, getting back to the pros and cons list. I will start talking when Caleb winds it up for me. On the pro side ACHD is going to install the ultimate complete street section, including the medians, at this time with their project in 2011. The long term access management provisions for Overland Road will be in place immediately and they will not have to restrict access in the future. After the interchange opens, the Overland Road traffic volumes are expected to increase significantly and those medians will make for efficient traffic movement. If not installed with the roadway project, there is no practical mechanism to require the installation of the center median as properties develop in the city and I think that's an important one for the planning staff. Installation would be consistent with the medians on Ten Mile Road and Franklin Road widening projects that are moving into construction in this area. This area being the Ten Mile specific area plan. Left turning movements become more difficult and dangerous on high volume roadways. Design radii could be accommodated for larger vehicle to make right-in, right-out movements. The city has a plan envisioned for this area that includes medians in Overland Road. And on the con side, that being don't construct medians at this point, we have tried to articulate some of the residents' concerns, but I'm hoping and anticipating that they will articulate them further. Number one was the cost to the city and ACRD or taxpayers to install and maintain the landscape medians as not an efficient use of money now or into the future. Medians and limited access hampers development potential of the property. Properties in this area are largely undeveloped and have very few trips per day in and out from Overland. Allowing full access will not impact the efficiency of the road at this point. The medians could be installed at a future Meridian City Council December 15, 2009 Page 51 of 85 date or not at all. This would be the only section of Overland in Ada County with landscape medians. It would be out of place. It will take longer for emergency services to access property. Long-term residents and owners have not developed and would be impacted by restricted access. Many have large farm equipment and vehicles that require big turning radii. Property has already been negatively impacted by government as property was taken for I-84 and Overland already. So, again, this was mostly an opportunity for some of the property owners to come and speak before Council and we hope you will listen to them and give staff some direction for the ACHD hearing tomorrow. With that I will answer any questions you may have. Rountree: Any questions for Anna? Bird: I have none at this time. Rountree: Anna, probably more for Caleb and if he would address the discussion we had at the kick off of the meeting about the master plan and/or type of roadway in the typical section that's proposed for this. Hood: Council President, Mayor, Members of the Council, the Master Street Map does depict, consistent with the Ten Mile interchange specific area plan, medians on Overland, Franklin, and Ten Mile sections. Not all sections, but cross-sections of them. So, those -- this section particularly is one of those planned commercial roadways with • a center median, no parking alongside both center landscape medians. Rountree: And that's the ultimate vision? Hood: Correct. Rountree: Now, I guess I want a definitional thing here. Currently, Overland does not have medians, but it has a turn lane. The section we are talking about tonight has four lanes and the process that ACHD is undergoing now is to acquire right of way to add the fifth lane, that mayor may not be a median; is that correct? Hood: Council President, Madam Mayor, Members of the Council, Overland is split into two phases and phase one basically breaks somewhere in here and goes back towards Ten Mile. You're correct. I mean the north -- the north lane and associated improvements, curb, gutter, sidewalk, etc., would be back to the east on Linder Road. Again, those improvements stop with phase one right in this area where the beginnings of that center median have already been constructed. So, that's on the table and discussion is, again, going back to the east. I hope that answers the question. But there is only two lanes right now on that section. I mean that's really what's talking being -- sorry. Those two lanes that wasn't -- that's what ACHD is trying to do is that additional lane is -- Rountree: As a fifth lane? Meridian City Council December 15, 2009 Page 52 of 85 Hood: A fifth lane. Yeah. Rountree: Okay. Hood: These property owners -- Rountree: I got the nod from Gary. Thank you. Hoaglun: Mr. President, that brings up a question I have for Caleb. I see here on the south side the collectors were there approved, so it looks like ACRD, we -- whoever is involved in that will there be controlled access onto this roadway, we will be trying to design points where they can be -- both north and south will meet up and possibly align at mid point and those types of things that we try to do; is that correct? Hood: Yes. Mr. President, Madam Mayor, Councilman Hoaglun, that is correct. I think Anna is going to bring up the -- a sample on the Ten Mile plan, although that median that I start to point out at the curb of Overland would essentially go back and stop whatever that distance is from where the collector is shown on here, there will be a center median essentially that will run somewhere to here, break, and, then, another one will run somewhere to here and break and, then, you will have -- so, you will have those access points on either side, so you can make those full tuming movements at both of these locations and, then, the long-term vision is for there to be roadways on the north side of Overland that, then, loop back around. Something like this. So, you have a four -- four leg intersection in the future as those properties develop. Now, that scale is kind of small, but with that roadway, again, would be something like that with breaks in the median on Overland Road to allow those full tum to have been in these general locations. Hoaglun: I guess just to think out loud if I might, Mr. President, for controlling access, is that not doing the job that the medians would do if you have multiple access points on a road where you have high volume of traffic, are we -- are we diminishing the need for medians if we are having strict control of access points? I don't know. Hood: Mr. President, Councilman Hoaglun, Madam Mayor, Members of the Council, it's almost a phased approach, too, because now those properties have annexed yet into the city. ACHD will retain those existing -- the current accesses will, essentially, be retained, they will just be restricted to right-in, right-out. Over time as those properties develop, then, you're looking at that second phase of your right-in, right-out now goes away and all full accesses are from these other locations. Now, right-in, right-out may be granted, but that doesn't grandfather you in, so to speak, with any driveways that's there today. So, most of the access management policies say you want to limit those access points and you want to restrict the tuming movement to have that efficient roadway network for the arterial sections. Rountree: Any other questions? Comments? Meridian City Council December 15, 2009 Page 53 of 85 De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: Now, who came up with the pros and cons list? Hood: Mr. President, Madam Mayor, that would be me. De Weerd: Okay. Under cons, number eight, did someone take the land for I-84? Was it not reimbursed? Hood: Mr. President, Madam Mayor, a lot of that was paraphrasing. We had a meeting with the property owners last Monday, Tuesday -- about a week ago anyways and those were, essentially, words -- and I wasn't trying to put words in people's mouths, but that was, essentially, what came -- the cons list was, essentially, generated from that meeting, what I heard from property owners. I don't know how compensation was -- happened for I-84, it was just -- that was some of the language that was used. You could probably talk to them further about that, but -- De Weerd: Well, I would hope that that wasn't a condemnation act and no one was reimbursed for their land. I think that was -- I will ask the property owners. Rountree: Madam Mayor, I can tell you it could very well have been a condemnation, but they were reimbursed for their property at fair market value. De Weerd: Okay. Well, when Isee -- Rountree: Back in the '60s. De Weerd: Well, when I see taken, I mean that's taken and you're not paid. So, when we put a list together let's make sure it's at least -- maybe that's what you all said, but I want to make sure we are not misleading any discussion here. Earlier today when I was looking for a different a-mail I did come across dates of when we talked about this. It was brought to our planning department's attention when Mr. Jewett was applying for South Ridge and he was recommending -- and I don't know if it was through conversations with staff, because this was an entry comdor, but recommending the center medians, landscape medians, and Steve Siddoway, who was with the planning department at that time, came and gave a department report in August 8th, 2006. I had asked for the minutes. I just looked them up as we were sitting here. But this Council had a discussion on entry corridors and reinforced with our parks director who wanted to know if there were medians placed in there what the responsibility and the interest of the City Council was at that time. Two of these City Council members weren't sitting here, but we have had this conversation since, then, several times about entry corridors and center medians and what we want to do and for gateway entrance. It was also a discussion during the Ten Mile area specific plan. So, this is not new. We did have an e-mail from Brad Miller in July of 2006, who opposed it, but he didn't come to the Meridian City Council December 15, 2009 Page 54 of 85 • meeting that Mr. Siddoway mentioned he would be giving a presentation. So, this information has been out there. I guess that's what my comments are regarding is this is not new, it was part of the public hearing for South Ridge, it was part of the public hearings for the Ten Mile area specific plan and it has been on a number of department reports to, again, ask Council, because it's not going to cost us zero, it's going to cost us for landscape treatment and ongoing maintenance and that's why it's been in front of this Council a number of times. So, I do want to preface the conversation, so that the public that is here to talk with us tonight does know we have had these conversations and it has been public noticed, just so you know we have had conversations in the past. And I did specifically look that up, because I knew that Paul was really angry. So, when he's angry I take notice. Probably, Ron, too, but -- Rountree: Thank you, Madam Mayor. You have done a good job of summarizing what I believe is a correct and accurate history of what's taken place. This is not a public hearing. We have been asked to provide an opportunity for the folks on this alignment to express their desires. I will run it much like a public hearing. Our hearing rules will provide you an opportunity to provide testimony or comments to the Council for three minutes, at which time we will ask questions and -- and this is not a decision making forum at this point, but we will, hopefully, have some guidance after we hear from you all and deliberate on what we have done in the past. I do not -- I'm told that Mr. Lee or his representative is not here. So, I'm going from left to right here. Mr. Van Auker, do you want to provide us with some comments? De Weerd: Did I mention that Mr. Miller had strongly opposed it in his a-mail? Rountree: No. De Weerd: Okay. Rountree: But I think we knew that. De Weerd: I just wanted to let him know that I did note his a-mail. Rountree: Good evening. Ron, if you would give us your name and address for the record. Van Auker: Ron Van Auker, Junior. 3084 East Lanark. Rountree: Thank you. Van Auker: Meridian. Thanks for providing us an opportunity to, again, voice our opinion. Surprised you didn't hear my dad through osmosis when this -- Rountree: I have. r Meridian City Council December 15, 2009 Page 55 of 85 • Van Auker: But, you know, we have opposed it -- we have been against the idea of medians for several reasons. We are a developer of large warehouse industrial buildings. They are starting to get a lot more esthetically attractive thanks to the planning and design review of the department. We are not complaining, because it kind of helps us sell our product and -- Rountree: That's good to hear. Van Auker: But there is -- this is a big issue, because we are trying to move in large trucks, 53 foot semi trucks, sometimes doubles. We lease to large clients, like FedEx and other big trucking companies, that pull -- I'm not saying this is going to be a trucking site, but it could develop that way and if you're trying to move a triple and make turning movements -- left-hand turning movements across oncoming traffic, we just kind of see it as an opportunity for disaster and we feel that limited access and medians really impede growth and hurt the commerce and industrial -- both industrial and commercial areas, because the traffic centers they are also having to accommodate large trucks as well and moving large trucks across traffic again is not fun to do. If we are not providing ample access to our property it's going to be really difficult to lease or sell that property and you could end up with property that never develops and I think the idea of medians on this street may be -- maybe in 20 years it would be prudent as property changes and the use changes over time. You know, our idea, you know, let the property develop like e like it needs to be developed today, not how it's going to be developed 20 years from . now. So, medians are prudent in residential developments, I think they add a lot of amenity to residential and light commercial developments, but industrial and heavy high traffic commercial centers it's just a burden, in our opinion. So, kind of what I came to talk about. Rountree: Any questions for -- Van Auker: That was perfect. Rountree: Good job. Bird: I have none. Van Auker: I was in Toastmasters, by the way, so -- Rountree: All right. De Weerd: Good job. Rountree: Had that internal clock down. De Weerd: Can we rate him now? I didn't hear any uhs or urns or -- . Van Auker: Thank you. Meridian City Council December 15, 2009 Page 56 of 85 • De Weerd: So -- Rountree: Thanks, Ron. Van Auker: That's it? Rountree: Yeah. That was too easy. Van Auker: Do you want me to leave the letter? Rountree: If you would, please. Yeah. De Weerd: With the clerk. Rountree: With the clerk. The next name I have is Blomberg. If you would give us your name and address for the record. Blomberg: Yes. My name the Paul Blomberg and I reside at 532 East Forest Ridge Drive in Meridian and I appreciate the opportunity to be here and I have got some concerns. I have been in the transportation business for over 40 years. I sold out last year. We always were in excess of a hundred truck carrier and I got to know the ins and outs of what is needed for -- to meet commerce needs. Besides that, I have been in the farming business in a limited way and I know we also need an amount of room needed to move equipment in and out and when I seen that we are going to talk about putting medians in the middle there -- in fact, it's the only place from Federal Way all the way to Ten Mile that this would be and it's only going to be a short distance at that, I got very concerned and, then, a few other issues concerning some of the issues -- this project I thought needed to be brought to everybody's attention and needed to be talked about. I would ask that you review your decision, especially median accesses and the size of access from the property into Overland. I can see with median accesses for the truck, the 53 foot trailer trying to make a turn around, it won't make it. You got somebody going 50, 60 miles an hour and you're going to,have a real tragedy. We tried to be involved in this project all along. Attended quite a few South Ridge hearings and it was not a very productive time, so kind of backed off to this point. So, I would ask that -- we thank you for being here, listening to my testimony. And any questions? Rountree: Any questions? De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I think what Mr. Blomberg and Mr. Van Auker have not mentioned is some of the challenges of today as well and maybe since we have already had a conversation Meridian City Council December 15, 2009 Page 57 of 85 about the landowner across the street or the developer across the street, there was placement of fire hydrants that have caused some consternation. Blomberg: Well, I got it figured out. De Weerd: You did? Blomberg: Yeah. ACHD took away our irrigation and the City of Meridian brought this fire hydrant and put it right in the middle of our irrigation ditch. So, we will just turn it on next spring and that's how we are going to irrigate our ten acres, so -- De Weerd: You're so creative. Thank you. I did know that you have had conversations with staff and are these items -- issues -- Blomberg: It has been very productive in the last week. De Weerd: Thank you. Blomberg: And I thank you. Rountree: Any other questions? Comments? Bird: I have none. Blomberg: Thank you. De Weerd: We will charge you for that water. Rountree: It's very expensive. And the next name Powell. Mr. Powell. Powell: My name is Daniel Powell. I live at 1690 West Overland with my parents. They are 95 and 91. One of the issues that I had about not being able to turn left was in case of emergency. Five minutes might save their life if that has to be. We also have a farm there. Pasture. And we don't grow any hay ourselves and so we have to have hay trucks bring in our baled hay, you know, and we have horse trailers that we have to go out -- I mean they are not 53 feet long, but I mean, you know, Ican -- you know, my horse trailer and my pickup trying to turn left going down the road, I mean I have lived there 55 years and I think for this body to make a decision that I can't do that -- I'm the one that said they took our property. They took seven acres from us. Yeah, they paid us, but we didn't want to sell and they took seven acres again and we -- my mom and dad went to court and wanted more money -- all the neighbors went to court, but they only gave us the same amount. So, far they have taken 14 acres. I say taken because we didn't solicit the sale, we didn't want to sell it. I feel kind of like I'm getting forced all the time. Now, I'm going to be forced to turn right and go down and waste more gas, . pollute more air, to turn around and go to work. I just don't want to see the medians -- Meridian City Council December 15, 2009 Page 58 of 85 at least if you got medians let us tum left out of our own personnel driveways. That's all the comment I have. Rountree: Any comments, questions for Mr. Powell? Bird: Mr. President? Rountree: Mr. Bird. Bird: Mr. Powell, just one question. You say they took seven and, then, seven? Was that for the original in '68 when they took the original freeway? Powell: The freeway went through and they took seven acres off of that. They left us a little piece of ground -- I forget what -- you would have to ask my dad -- went from nothing to like seven feet. That just kind of went away. I don't think they paid us for it. The guy across the street absorbed it. When they did Linder and the other part they put that settling pond you can see up there that was two acres and five acres to widen un part of Linder Road and they also took -- that road used to come -- it came from five lanes down to two lanes until this year and they left me an irrigation ditch -- I struggle with that all the time. They put headgates on there that are backwards and I'm supposed to stop the water off here, I have water running into my pasture that stays there all year around. It's whenever I have the water, excuse me, for the week's time • that I have the water, it mushy, I can't have my stock out there, it breeds mosquitoes, because they put the gates in backwards. It's like putting your finger over into the high pressure hose. I got three of those. And now this year I don't even have to worry about it, because they took the ditch completely away. When they widened that road the property used to come down here and have quite a steep hill, they have now made it so that it's a gentle slope. Well, now that ditch that used to be there is three feet below where it needs to be. I don't know how we are going to get water up in. We got around nine or ten acres that needs water. Somebody said they made a mistake. Well, yeah. Who does that impact? Not you guys necessarily, just us more little guys that sit there and you take this. Well, yeah, we will pay you for it. I want your leather coat. I will give you a dollar. Well, it's worth 50 dollars. Well, I will give you 20 dollars, then, and if you want more, go to court. I mean I feel like it's pushed down my throat. I'm sorry. I'm getting a little emotional, but -- De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: In regards to the irrigation, and, Mr. Rountree, correct me if I'm wrong, but they have to make sure that those facilities are in and functional. If they are not, I'm sure we could get you a point of contact. Powell: That's what I understand is supposed to be as good or better. I asked them if they could put a stand pipe in there and they says we cannot put a stand pipe along that Meridian City Council December 15, 2009 Page 59 of 85 road, because we need the thing for a borrow pit, and so they can't close it up and put a pipe, you know, to raise the water up, because they need the borrow pit there and so they can't do that. Now, I don't know what they are going to do. We had a guy make a proposal they want to move those ditches out 15 feet into our property, again, you know, and I don't know what they are going to come up with. I mean all I know is we don't have a ditch, we won't have -- like you say, you put a fire hydrant in the middle of the ditch. Well, I don't know, come April how we are going to get water. Am I just suppose to run it down the ditch -- run it down the borrow pit? De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: If someone on staff can help Mr. Powell in finding out answers to the irrigation issues and help advocate on his behalf that would be appropriate. Rountree: And I think Gary probably is taking notes on that and will see what can be done there. Bird: That's right. De Weerd: Hopefully we can get you some answers. Rountree: But thank you for being here. Powell: Thank you. Rountree: And I don't have the last name, but the gentleman in the plaid shirt. Tipton: My name is Ron Tipton. I lease the piece of property from Paul and farm that and everything there. And my concerns is the same as the other guys. You know, we move cattle in off the road there in and out. With the median, you know, cattle truck comes in or comes out we won't be able to get in and out of our property. The irrigation is a problem, but, you know, hopefully, we can get that worked out. But our biggest deal is that's still farming out there. You know, if you look at your map you don't see any development or~ nothing. That's going to be in today. It's going to be ten years down the road, 20 years down the road, and we are putting medians in three-quarters of a mile. You know from there to Franklin or whatever it is down there Federal Way there is no medians. I can see a fifth lane, you know, if they need that, but, if nothing else, I'd just as soon leave it like it is, the four lane, and they won't eat up anymore of our property. You know, each time you turn around they want to buy more property in the front and cut down our land as it is, you know. But the engineers or that -- and I visited with them and I have visited with Brown Construction on the irrigation, they admitted they screwed up. They cut the roads down 18 inches. The ditch used to be at the borrow pit. You know, that was the irrigation -- the water came down right next to it. Well, they cut the road down 18 inches and the engineer he had it in his plan that they Meridian City Council December 15, 2009 Page 60 of 85 were going to do the other section at the same time where they were going to buy the property, move everything that 18 more feet frontage and put a new ditch underground up there. Well, now, you know, who is to say we are going to sell that property or the Powells. I'm a son-in-law of the Powells. You know, the whole family is right there. And so we farm all that land and irrigate it and run cows on it and so what if we don't sell that land for five more years. You know, unless you guys force us to sell the land. But, you know, maybe we don't want to sell that land to put the fifth lane. If it's not going to help us out why would we sell the land to put a median in front of us where we can't tum out? Now, it doesn't make sense. But they made the mistake. They did a terrible job with the imgation before. We fought it for the last year. Now, we got one that they have to move the ditch up on our property to get the water level to flow into the front pasture because they cut the road down 18 inches, so they can't get the water there. They can't make the water go uphill, so -- and they admit that it was their screw up. They know it. They don't know what they are going to do about it, but now we got to give up part of our pasture and put a ditch in there that we got to maintain -- can I keep on for a second? -- that we got to maintain and if any of guys have been farmers, ditches and cows become a problem all the time. You're always cleaning them out, because that's the places the cows like to walk. They will walk through the ditches all the time, so that -- you know, so that makes more hassle for us, you know. So, if -- plus, they got to move the ditch clear in on our property. Now, we got to move the water different directions than it used to be before. You know, if they would have made allowances to keep that out there where it was and put it in for -- so they can have headgates going out to our property, that's fine. Where our headgate was our box out front, they put a fire hydrant right in the middle of it. Any contractor or anybody would have looked and said, well, gosh, why ain't we putting the ditch right -- or fire hydrant right in the middle of a ditch? I mean somebody should have said, hum, this don't make sense to me. They tore out my headgate, my big box, and I had lined with -- with concrete to keep it from washing the banks away and they dug that all out and put a fire hydrant right in the middle of it. Now, somebody should have asked somebody or said, you know, does this make sense? You know, because you can't run a head of water around a fire hydrant, you know, pretty quick it's going to wash it away. But now we are fighting this issue. Come April we either got to give up more land for them to put the irrigation ditch in or do something to get water. You know, there is 28 acres there, plus the neighbor next to us. Fred's place can't get water. The five acres behind him can't get water until they get it across our property. So, all that water has got to be rerouted through our property to make it work. So, everything they have done has just been something that has to take away from us and the irrigation system they put in before we talked to Ada County they came out and looked at it and said, well, that's the best we can do. We had the inspector come out and he said, well, that's the best we can do. With water spraying out of the headgate and, you know, it just makes a mosquito mess. It just makes a soft pasture, because there is no way they can shut the headgate off, because it's going the wrong way, the water is pushing against the tin, pushing the tin away and just spraying out. Now, if that headgate was the other way for the water to push against the middle, it would -- Rountree: Ron. Ron, I'm going to cut you off. Meridian City Council December 15, 2009 Page 61 of 85 Tipton: I'm sorry. Rountree: We hear you. We hear you. I just want to -- one of my advise to folks is sometimes less is better. Tipton: Yeah. You know, we just have a lot of problems out there. Rountree: We understand. Tipton: And, you know, we're just fighting them every time we tum around with this development. Bird: Mr. President? Rountree: Mr. Bird. Bird: Ron, have you guys talked to Nampa-Meridian? That's who is responsible for supplying the irrigation to you and what can -- isn't there anything -- I mean they have got to supply imgation water to you guys. Tipton: Exactly. Bird: And not just yourself, but the ones behind you and stuff and I agree with you, I wouldn't want no ditch going through the middle of my pasture either, because it's worthless. Tipton: Yeah. Bird: That's why they have ditches on the outside by the fences. Tipton: Exactly. Bird: I just -- Rountree: You know, I'm -- this irrigation issue is an issue, I understand that, but we are not going to solve that tonight. There is a gentleman out there in the audience that's going to get it solved for you. Tipton: We hope so. Rountree: And he can take that to his commissioners tomorrow night and explain to them what the difficulty is. Tipton: Yeah. But it's just one deal after the other. Meridian City Council December 15, 2009 Page 62 of 85 • Rountree: Yeah. I understand. Tipton: The medians one deal -- I'm done. Thank you. Rountree: Thank you. Thank you. Any other questions or comments? This isn't a public hearing, but anything else on your mind? Any direction? You know, we have heard the issue about the median, but we have also heard some of the issues as it relates to -- and it's not the first time we have heard the issue of imgation and development and the people on the other side of the street or next door that aren't developed and the impact it has on them, but we can provide some guidance and, Gary, correct me if I'm wrong, but your commission is meeting on this topic tomorrow night? And the topic is whether or not to have raised medians or landscaped medians? If you could come up and -- Inselman: President, Council, Gary Inselman representing Ada County Highway District. That's correct. Our commission is meeting tomorrow night to make the decision on whether or not they would allow the medians. They heard the issue with the South Ridge development and deferred a decision until a later date when the construction of the road was more imminent. So, tomorrow is that meeting. Rountree: Any questions for Gary? Bird: Mr. President? Rountree: Mr. Bird. Bird: Gary, will this be a public hearing where the people could testify? Inselman: It's a public meeting. It's not a public hearing, but we will take public testimony and, then, they will deliberate. Bird: Thank you. Hood: Mr. President, Madam Mayor, Members of the Council -- Rountree: Caleb. Yes. Hood: I am planning on attending that meeting. Rountree: Okay. Hood: Dave is -- obviously can forward all those comments. I am prepared to -- if you want me to go to that meeting and provide testimony to the commission, too, so that's another reason that this is on the agenda. Again, I have already stated that Gary could forward that on, but I can also get up and represent the city and make any points that you -- irrigation is already on my list. If there are others that you would like me to make Meridian City Council December 15, 2009 Page 63 of 85 particularly regarding support of the medians or not support of the medians, you prefer to go in a different direction, but I will be at that meeting, so -- Rountree: Any guidance or questions or comments for Gary or, if not, he can go ahead and sit down. Inselman: If I may, I can assure you we are well aware of the irrigation issues. It was a developer cooperative project that the developer's engineer is responsible to fix the situation. We won't accept the work until it is resolved. We won't release the developer's surety until it is resolved, so we are pursuing a solution. De Weerd: Sounds familiar. Inselman: And it's the same developer, so -- but we are -- we are well aware of the issues -- the issues of the past project, which was an ACHD project. I was just made aware of through this project this year. I do find the answer that the gentleman got unacceptable. We will -- we are trying to resolve that as well and, ultimately, with the full build out of the road and it will get resolved, but we will find an acceptable interim solution for next irrigation season. Rountree: My last question for you, Gary. The question is not the expansion of the roadway, the question is whether or not that tum lane is a median. Correct? Inselman: Before our commission tomorrow night that is the only question. Do we install a median or not. Rountree: So, the plan is to continue the typical section that exists on Overland through that section, which is a five lane curb, gutter -- an urban section curb, gutter, and sidewalk or at least curb and gutter? Inselman: That's correct. We would build it through the five lanes, curb, and gutter and sidewalk as the properties develop. Rountree: Okay. As they develop. Inselman: Yes. Rountree: Okay. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: Gary, was it also the question if the -- number one, if the -- their road should have medians. Number two, if they should go in now or as the property to the north Meridian City Council December 15, 2009 Page 64 of 85 develops is that also a question or is it just do we have a medians or not -- not a timing issue? Inselman: Mr. President, Madam Mayor, as we have phrased the issue to our commission it's do we install them now or not. A timing approach we haven't really considered, because, as your staff has indicated, there is an issue with how do you implement that and we have not, I guess, thought that through a way that we could do that. Rountree: I believe your typical section in terms of your vision for that type of road, depending on how it develops, and ultimately the traffic volumes would allow for the provision of at least the minimum raised medians, if you will. Maybe not landscape medians. Much as what's proposed for Eagle Road at some point in time in the future when money can be found to do it. Inselman: Right. Mr. President, maybe I can clarify that it should be who would pay and who would can construct them in the future. Rountree: That's always the question. Always the question. Inselman: If we do it now it's easier. If we wait and try to do it piecemeal as foreign properties develop, then, it's -- you know, do we make them build them or the city and the highway district share those costs? We haven't worked that out with this body, so -- Rountree: Any other questions for Gary? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: In running back to the TLIP presentation that we had earlier, it looks like the direction we are going is that arterials would have medians built in them. Whether or not it's landscaped is a different issue, but Ijust -- this kind of issue is going to come up along many of the arterials that have not yet changed from their rural use to an urban use and, you know, as we say, we understand the need for medians on Eagle Road and perhaps Fairview Road, because of how busy they are now, but do we need to reconsider whether medians should be on arterials yet or what do we need to do about that? Inselman: Mr. President, Councilman Zaremba, in this case we are trying to implement your Ten Mile plan where you envisioned having the medians and -- Zaremba: Yeah. Inselman: So, if the -- you know, if the Council decided they didn't want to maintain those and didn't want them, we certainly wouldn't build them. Meridian City Council December 15, 2009 Page 65 of 85 Zaremba: It is part of the plan and I guess that's -- Inselman: The landscape medians. Zaremba: I interrupted. Caleb was going to -- Hood: Mr. President, I just want to make a point of clarification for the Council. I didn't want to confuse some of the earlier presentation on the Master Street Map and make you think that all arterials had center landscape medians. In fact, the Ten Mile and Eagle Road I think are the only arterials in the city and our area of impact where we have landscape medians planned. We had that discussion I think that may be even that same meeting that Steve -- and we talked about do we want to -- how many do we really want to landscape and Franklin, Ten Mile, and Overland in this area were, essentially, the corridors that we are looking at. Now, there may be medians that aren't landscaped that get put in with some arterial roadway widening projects, they may or may not be for traffic related purposes, because volumes -- you want people to turn out of them, you're going to put a raised median in. There are no other plans, though, for them to be landscaped and maintained by the city. At least at this point. So, I just wanted to make that point clear, that our -- we are not making all arterials this scenario. This is specific to the Ten Mile interchange study. O De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess what we hadn't discussed is not what if, I mean should they be there or not. It was the timing issue. And, you know, I don't know how you have addressed this or if it's even come up in a timing issue has rural has transitioned into urban where these landscape islands -- if you take Eagle Road, for example, that's urban. You're not going to want to put a farm machine out on that road and figure out how you're going to get a turn movement or how they are going to turn that piece of equipment around to go the other direction. So, has the commission had discussions about how you do that? Inselman: Mr. President, Madam Mayor, I don't believe we have. I mean, as you know, we are -- we have the designs for the medians in Franklin Road currently. I believe the state will install the medians in the portion of Ten Mile that they are building -- are, essentially, the same situation as this segment of road. There are large tracks of land that are still rural and those medians -- today they are going to be installed at those projects when they are built. The turning movement in and out of the driveways I don't foresee as being a huge issue, because we are going to have a wider section of road between the curb and that median that existed prior to the widening. It was -- the two lane road was narrower than one half of the widened road. As far as making them make u-turns to get going the other way, that would be another issue where they have to go down to the break in the median and have a large enough gap in traffic to make the u-turn or go, you know, around the, you know, three or four miles to make the Meridian Ciiy Council December 15, 2009 Page 66 of 85 • movement on the arterials. But the existing driveways we can currently accommodate the larger size vehicles if we know what they are. De Weerd: Well, Mr. President? Rountree: Madam Mayor. De Weerd: I guess that is one of the primary issues I guess I see is -- is that timing with regard to our fire service until that road connects to something you have to have some kind of a bulb out, someplace where that garbage truck and fire engine can tum around and get out of whatever they get into and that's a temporary solution. But this is I guess new territory that, you know, we can look more like Mr. Van Auker mentioned at the longer term and what we would like to see as that area built out, but what do you do in the transition and how do you accommodate that transition as well. Rountree: Gary, you don't have to answer that. That's our question. Inselman: Mr. President, if I might point out -- De Weerd: But it would be nice if he could. Inselman: -- the collector roadways as indicated on this drawing where they are located, there will be breaks at the medians in those locations, so, you know, we will preserve the existing driveways. We can build the returns for the future roadways at those locations. Essentially, there won't be a median in front of Mr. Powell's property, because there is no need for one between the intersection and that first roadway and that first roadway -- the left turn will be preserved. As Mr. Van Auker's property develops, that northern -- that collector roadway leads into the north that will be a public street. So, there are those planned breaks already where u-turns could be made in the interim or in the future until access limits can be made into those locations. Rountree: Further questions, comments? Bird: I have none. Rountree: I will just kind of run here a little bit. That this is a little bit unique in terms of transportation and ACHD's ability to provide for it and the state's ability to provide for it and development. We do have a vision. I think it's the right vision. The driving force of development sitting waiting to happen and the transportation facilities out there marching ahead and putting in what the vision is. So, to me it's a unique and unusual timing experience that we are seeing here. From an access control perspective this point in time and given what's there, the raised medians or landscape medians are not necessary. I don't know when they are going to develop. Probably not real soon given the state of the economy. Anymore than what's there. Hopefully, the farming . operations can continue to exist if they get their irrigation issues resolved. Please. Meridian City Council December 15, 2009 Page 67 of 85 • De Weerd: Please. Rountree: And this is not the first time I have thought about this issue, but usually happens that the development's there way in advance and transportation facilities come afterwards and, then, the vision is total. I mean I don't want to reverse our previous 2006 decision, but in 2006 things were rolling pretty quick and pretty fast all over and it could have been six, eight, ten months when somebody brought a multiple acre development in that area and we were anticipating that and it's not happening like it's going to happen on Ten Mile. But I guess my spot right now is that, you know, what do we -- what do we lose if we don't move forward with the landscape median at this point in time is the opportunity to get clarity on who pays for them, who in stalls them. But, then, there is still clarity needed on how much are we willing to accept and how much we are willing to take on in perpetuity. Something other than that esthetic right now is not necessary to control any access -- any traffic issues. So, I mean the median in time I can see is required, just to maintain that typical section through there and provide long-term access. Zaremba: Mr. President? Rountree: Kind of where I am. Zaremba: I agree with all that. The one element that makes it a decision today is whether or not they are going to be landscaped. If we are saying that some day there is going to be medians and we could put that off and leave a five lane center tum lane, that would work, except that if the decision is some day they will be landscaped medians, then, while they are building the road the piping to irrigate them has to be put in. Rountree: That's a good question. Has that been done? I mean you have got four lanes out there. I assume that third lane is the median. Was it envisioned that it would come through from the north side and, then, when you put the final layer on that that covers it all up? Inselman: Mr. President, we haven't installed that yet, but we haven't done the top lip, so if we need to cut to put in those or -- Rountree: Okay. Thank you. Hoaglun: Just to weigh in on the landscape median, there are areas like entryways where you want to have that impression that you're entering the city and it's nice and you're defining boundaries and having a landscape median where you enter makes sense, but as you move into the area, unless it's a unique area, you know, the stately homes, you think of a Warm Springs or Harrison Boulevard, something like that, which I don't know in Meridian if that qualifies, but if we have anything that qualifies, to me landscape medians is taking resources away from our parks department where -- to maintain that, because ACHD is not going to take care of it, it will fall to parks, and, Meridian City Council December 15, 2009 Page 68 of 85 then, we have greater needs out there than landscape medians down the middle of an arterial and I'd rather see their resources put into those parks and recreation programs that there is a big draw to. So, outside of the fact of those limited entry areas, I'm not wild about having park staff having to take care of these landscape medians hither and yon in our city and taking up those resources. That's not to me a great use of tax dollars. When I come to this particular stretch and I try to think 20 years down the road are we doing something now that will be helpful? Maybe. Probably. But then, again, at the same time, out of this whole stretch of Overland Road this is going to be the only place that has this in a place that we will have the ability to control the access now instead of reacting to it later and, I don't know, maybe I'm just being more of a gambler thinking, well, when the time comes we need it we will find the money to do it then. Bird: If we need it. Hoaglun: So, that's kind of my approach. Doesn't necessarily mean I'm anti-median for everywhere, but in this -- looking at this section I'm not thoroughly convinced. But, then, again, I haven't been here as long and studied this issue as long as some of you have. But that's where I am right now. Rountree: Somebody want to make a motion to provide some information to Caleb, so he can convey it to ACHD tomorrow night as it relates to tum lane versus median with the completion of this project? Bird: Mr. Chairman, I would certainly attempt that. I'd like to -- I would make a motion that the Council would send a message with Caleb to the ACHD public meeting stating that this Council, while we want to keep a five lane road on Overland Road, we would prefer right now that the fifth lane in the center be used as a tum lane and not have any median at this point. Hoaglun: Second. Rountree: Do we need voice vote, Mr. Nary, or -- Nary: Voice vote is fine, because you're really just giving direction. Rountree: Okay. All those in favor of the motion? Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. Rountree: For the folks that are here tonight, I don't know if you understood all of that gobbledygook, but our position is the median will move forward -- excuse me. The turn lane will move forward. The median will at some point in time might be required and may go in place, but I suspect you folks will not be farming at that point in time. And, • hopefully, you will get your irrigation stuff resolved and, if not, do come and work with Meridian City Council December 15, 2009 Page 69 of 85 our Public Works staff and I think, Paul, you have those names, so you can get that taken care of. Thank you. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I would just ask one thing of the engineers, the traffic engineers, who need to look at this and the one spot that worries me, if you have driven that with the slope, the portion right where the lower part of the curve is, if that were icy and slippery, I think I would like to have a little bit of a median there. I agree with the vote and voted for not having the median immediately along all of there, but there is -- there is a spot right at the lower end of the curve where it joins old Overland or what was previously old Overland, now widened, that I think for safety reasons we might want to have a raised median. Not that a car that's run away on an icy might jump over it, but just that doesn't roll along in front of these properties, but that one little spot there we may need to preserve an island for safety. Rountree: Gary is bobbing his head. He wants to answer that. I think it's been taken care of, but -- Inselman: Mr. President, Councilman Zaremba, there was a short stretch of median • installed between the bridge and that curve -- Zaremba: It's already there. Yeah. Inselman: If you're meaning extending that a little bit or to address that concern we can look at it if that would make a more logical ending to that. Zaremba: Well -- and my concern maybe totally unwarranted as well, but just somebody that knows more about it than me would take a look at it. Inselman: We will look into it. Zaremba: I remember thinking as I came down it one time that might be a concern. Inselman: Yeah. I just drove it tonight, actually. It looked like we have been sanding it, so it was pretty slippery last week. So, we will look into that. Zaremba: Thank you. Rountree: Thanks, Gary. Thank you all for being here. De Weerd: Thank you. 3. Energy Grant Project Prioritization by: Pete Friedman Meridian City Council December 15, 2009 Page 70 of 85 Rountree: That brings us to the next item. Oh, now Pete, it's your tum. We have been prioritized. Friedman: Thank you, Mr. President, Madam Mayor, Members of the Council. I will try to get through this, but this is the moment we have all been waiting for. We have come to you with a list of recommended projects for funding through the Energy Efficiency Conservation Block Grant. So, what I'd like to do is just give you a very brief background, you know, a lot about the process already. Run through the recommended projects for you and, then, we will follow that up with a distribution of the monies as it relates to those projects. Before you tonight is another draft matrix, it's similar to the one that you received at the last time we discussed it. The difference is this includes all the projects that would be eligible under the DOE criteria. However, the first seven or so in the top of the page are the ones that we will be recommending to you or are recommending to you for funding. So, I have that I will move forward. Jed Glavin from HDR Consultants, who has been helping us develop the strategy, is also here to assist Anna and I in answering any questions you might have. So, as you know -- I'm sorry? Rountree: Are you ready for questions or are you just going to -- Friedman: Run through it and -- Rountree: Jump into it. Friedman: I'm just going to jump into it. As you know, the city's been allocated 608,000 dollars. We used a portion of that to hire HDR to help us put together the strategy to prioritize the projects for funding. In the past two weeks we, through our brainstorming sessions, both with Council and with interested parties, department heads, and through our survey we identified a total of 31 projects that we included in our initial analysis. The following items were used in estimating each project. The cost -- the potential energy and cost savings, greenhouse gas emission reductions, pay back periods of job creation that's consistent with the criteria that the Department of Energy will be looking for when we submit projects for funding. Having gone through those -- and we did come up with this list of seven projects in coming through that -- what we did was we looked at the cost, we looked at the pay back period, the return on investment, we looked at the objectives of the survey that came out of -- from our discussions in the past, we looked at the potential incentive that maybe available from Idaho Power. We looked at need, feasibility, and number of jobs created. As a result we ended up with seven projects. I'm going to start at the top, work my way down, then, we can get to the dollars and answer your questions, hopefully. So, the first project we are recommending is retro commission of the police building. Potential cost. It's about 120,000 dollars. Pay back is 12 to 13 years. Greenhouse gases reduced is 47 metric tons. We believe there is about 16,000 dollars incentive that we can receive back from Idaho Power. Now, if you will recall prior to getting into this whole block grant thing we did hire HDR for a short contract, they did kind of an initial energy data base -- energy use data base for the city, but they also did a couple potential project reviews and what Meridian City Council December 15, 2009 Page 71 of 85 they did was they did a pretty good analysis of the police department building, so we have a good base to build on right now in terms of recommended improvements in that building and so looking at our criteria, as well as the -- not only the pay back, but confront to the users was another thing that's not in here. We feel that that's an appropriate project. The second one would be a LED green energy streetlight conversion corridor project. We have two of them. The Public Works recommended. One is from Franklin to Fairview and the other one would be from I-84 to Fairview. We have two different costs there. One's for 90,000, one's for 3,000. We are recommending both of those. We feel that even though the pay back is 25 years or so and there is no incentives from Idaho Power, there are savings, there are greenhouse gas reduction and it's a good, you know, kind of show piece and it will also give us an opportunity to test it and see if it's something we want to move into in the future as we look at other streetlights in the area in the city. The third project is changing out the light switches to motion sensors in the fire stations. We are looking at a cost of about 10,000 dollars without installation. The pay back is relatively quick. In one to three years we reduce the greenhouse gas emission by about 19 metric tons and we believe we can get about 4,200 dollars back from Idaho Power by going forward with this project. The fourth project is -- it's actually two projects. It has to do with pedestrian and pathway construction. The first one would be actually construction of the Fothergill trail, which is just a short length that we need. The second one, it's fairly cheep, fairly inexpensive, second one would be designing this 1.8 miles for the Five Mile trail. That would be -- we would only have the money for the design and you can program out the construction through the CIP and working with parks. So, here is a map of the Fothergill trail from the high level and, then, there is just a little connection that needs to be made in there. We have the pathways on at either end of it. And, then, here is the Five Mile trail, that went between Linder and Ten Mile. And, again, that 56,000 dollars would be for the -- forthe design of that engineering plans and so forth. The fifth project is replacing some of our pumps out at the wastewater treatment plant. This is a -- this is a biggie. This -- even though the cost is pretty high, the pay back is relatively quick. It has a tremendous amount of greenhouse gas reductions and, again, we believe that we could recoup about 25,000 dollars from Idaho Power in incentives from them. Number six, again, is out at the wastewater treatment plant. Spending about 15 to 16 thousand dollars with installation for replacement of lighting fixtures out there. Again, this is another good one where it's got a relatively quick pay back or return on investment. It's got a moderate degree of reduction of greenhouse gases and, again, there is some money from Idaho Power in terms of rebates to us for energy efFciency and this -- what we -- based on the information we have today these are the -- we think that maybe is a total of 51,000 dollars that we might be able to get rebated from Idaho Power and that can be used either to offset a couple of overages we have on a couple of these projects or to be used to fund other energy reducing projects that the city might identify in the future. So, now, Mr. President, Madam Mayor, Council Members, we are ready for your questions. We are also prepared to go into any of the other projects that we have listed out of the 14, if you wish to discuss those, and if you don't have any questions we can talk money. • Meridian City Council December 15, 2009 Page 72 of 85 • Rountree: Any comments, questions? Do these recommended projects match the priorities that you figured out as you evaluated the matrix? It matched mine very closely. Bird: Mine, too. Rountree: With the exception of the last one and I don't know that I had it on here anywhere, but that was the lighting at the wastewater treatment plant. I think it's buried in here somewhere. Friedman: It's probably buried in there someplace. It sort of floated to the top as we were going through these when we started looking at the -- at the return on investment and the incentive. Hoaglun: President, comment. Just to thank Pete and staff for putting this together. I thought you guys did a real good job. I'm big on -- if we can create our own energy, but that's way too much for employing the digester gas for heating our buildings, but maybe some day. I was just at AIC, you know, when they talk about these power cities and, you know, getting a little jealous. I'd like to be a power city. De Weerd: Honored, just in a different way. • Hoaglun: Yeah. But I did a good job and I can live with these and I think are good recommendations. Rountree: Any other comments? Bird: Mr. President? Rountree: Mr. Bird. Bird: I'd like to echo what Councilman Hoaglun just said. Your staff did a great job, Pete, you and the staff and -- Friedman: Thank you. Bird: I certainly think these projects would be very beneficial to the city. Zaremba: I not only agree with all the thinking that's gone into it, I would add that there is a few things that didn't make the top seven that we may be able to do anyhow and I think of the purchasing of hybrid vehicles and so forth, as opposed to going out and doing that right now, that's something that all departments can do as the vehicle needs to be replaced. If you're going to have to buy a new vehicle anyhow, it may as well be a hybrid. • Meridian City Council December 15, 2009 Page 73 of 85 Friedman: Mr. President, Madam Mayor, Council Members, at the risk of kind of going off out of range a little bit, what we are focusing on tonight is the initial strategy that we are going to submit to the Department of Energy. The whole matrix that you have is a long-term energy strategy for the city. So, it's for your use as time goes on as we do our capital improvement programming, as we do our budget, and so forth. It's to be a tool so that the Council can look at that and say, okay, as we allocate our funds what kind of things can we do to reduce energy. So, just kind of an aside. The last point here is we put together three options for you on financing and as you can see in option one, as well as option two and option three, our award is 608,800 dollars. Now, we have committed 4,800 -- or 48,800 dollars to HDR for helping us to prepare the strategy. We are also taking 9,200 dollars for administration, which is allowable under the terms of the grant. So, really, what we have available is 550,800 dollars. Option one shows you -- if you go along with all these projects, we come out a little bit in the red by 18,700 dollars. We feel those can either be made up through the incentives that we get back from Idaho Power or by any reductions that you might see in there. Under line ten you will see we are taking 50,000 dollars for administration and this is divided up between planning and finance, because once we get these projects approved and the awards made, there is going to be a lot of work in terms of putting together bids and monitoring and, you know, Todd and Rita have been just outstanding in helping me at least wade through. The reporting requirements on this are -- there is three or four different levels of reporting. So, we felt since the program allows for administrative funds to be taken from it, that we felt at least we would put it out there for your consideration. So, under option one, if we go with all the -- all the projected costs that we have and take the 50,000 dollars for administration, we come up about 18,700 dollars short. Under option two -- yeah, I will give it to the person that prepared this and that way I don't have to take it. Canning: President Rountree, Madam Mayor, Members of the Council, I just prepared this spreadsheet, so that you could make the adjustments you all wanted. I'm not preparing an option one, option two, option three. I just put everything on there, so that I could easily delete things and you know what the sum would be. The only difference between what's shown on option one and option two is this line for the variable speed pumps you might have noticed as Pete went through the list. There is quite a wide range of cost there. So, that one just shows the lower point. So, if it ends up being the lower amount, then, we actually have 31,000 dollars to add and I have got some other projects down here that you can look at for adding things if you want. But, again, this was just to avoid having to come back to you with the final number and a tally that didn't work. I just wanted to make sure I had a spreadsheet ready to go. But, again, even with all the projects at the high amount, we would anticipate that there would be enough rebates and incentives to cover that. There is also the Idaho Power money and the green grant program that we could use to cover that and, as Pete pointed out, we could use the administration funds to cover that. So, you don't have to cut ones if you don't want to. I think we will find the money. But I just wanted to be able to move things around for you as you wanted. That's all. • Zaremba: Mr. President? Meridian City Council December 15, 2009 Page 74 of 85 Rountree: David. Zaremba: I'm not seeing a difference between option one and option three. Am I missing something? Canning: I was going to say, they are not. I just put these up here, so that if you wanted to delete the retro commissioning of the police department -- Zaremba: That's option three that we fiddle with? Canning: Then, you now have 101,000 dollars. Yeah. That's the only reason it's? sitting there. Zaremba: Okay. Bird: Mr. President? Rountree: Mr. Bird. Bird: Pete, I see we got 9,200 in administration up on top and, then, we got 50 down below. So, we are actually getting 59 two for administration; is that right? • Friedman: Pete. Council President Rountree, Madam Mayor, Council Member Bird, Council Members, in the terms of the grant we could take up to ten percent of the allocation for administration. Now, the 9,200 is already committed. At this point the 50,000 dollars is not. If the Council chooses that they would prefer to take that 50,000 dollars, move something else onto the list of projects, that's certainly something that could -- we could make happen. We just put that in there, because there is quite -- there has been quite a bit of staff time that has gone into this and will continue to go into this. Bird: Mr. President, follow up? Rountree: Mr. Bird. Bird: And, Pete, I'm not disagreeing, because I think once she started you have got quite a few projects here. This is going to have to be bid out and you have got a lot of staff time in the finance department, as well as in each department as they go through with the bids and stuff, so I'm not -- I'm just saying the 59 two don't shock me at all. I like the option one, because I'm not scared of the 18 seven. I think we -- with the rebates we get back and stuff we are still overboard, we are still in the black. I could go for it. I think you picked fantastic projects that really will help. Rountree: Any other comments? My only comment is that I think that I would not have a problem moving that video conferencing project that's under other considerations up in there. By the time you -- and I'm not sure that it would be that much, but -- and I'm Meridian City Council December 15, 2009 Page 75 of 85 . not so sure that I would specifically identify -- sorry, chief, but it had to be the fire department. I see that as a significant tool for all departments in terms of training. So, I would think that that would be administration and police and fire and planning and anybody else that's going to webinars or reach out to training programs that are on line. So --and safe a lot of trips. Friedman: Council President Rountree, Madam Mayor, Council Members, this one specifically is -- yeah, it's conferencing for the fire department, so it's getting the -- essentially, the hardware at the stations. Sixty thousand dollars is would Deputy Chief Niemeyer looked into, because he's been going through this. There is a way -- and, again, I'm kind of wandering off range in terms of my technical understandings of it, but in talking to IT it's still going to be highly dependant upon getting that fiber network set up and extended to each fire station, which has a price tag of about a hundred grand per station, as I understand it. Chief Niemeyer did indicate that in the interim they might be able to do some online use of that through conferencing but, you know, again, that's something we will have to pull IT into also. Rountree: Well, I would just keep that in mind. Don't wreck the budget by sticking it in there. But I think that that would be -- that would be something that we should look at. If this is an opportunity to provide it, then, you bet. Bird: If some of the bids come in low enough we could pick that up. Hoaglun: Mr. President, I think that's a good idea. That would be a worthy project. And, besides, I'm sure we are going to save a lot of that in overtime by them not having to travel. See my tongue in my cheek there on that one? Rountree: Well, for the fire department, you know, they are going to be on the job in their station, as opposed to having to come to headquarters or leave town or whatever. Did you have a comment, Ron? Anderson: Yeah. Mr. President, yeah. I don't know exactly what it would cost. We have been toying with this idea for a couple years now and talked with IT, but with the city's aggressive plan for training that they plan on doing through the HR department and through our development process of our employees there is a lot of training and so I think it has merit city wide, not just the fire department. One of the side benefits in the fire department is, again, keeping those companies in there respective first response areas, which, again, equates to better response times and all those kind of things, but one of the things that you may consider is to get a better handle on what it would cost, what's the best type of system is maybe do one facility, whether it's a fire department or another city department, just to get an idea of what a cost might be, so that in future years we would know a little better before we jump into it what that might cost. Rountree: Other comments? . De Weerd: Mr. President? Meridian City Council December 15, 2009 Page 76 of 85 • Rountree: Madam Mayor. De Weerd: I guess, you know, this -- this addresses the grant, but we also want to make sure we keep focused on the long-term strategies that we originally went through this exercise for. And so this might address the grant funds and how best to prioritize and spend those. But I hope we don't stop here, but we do want to, then, further prioritize the rest of this list that was given a lot of thought and input and how to start integrating those in longer term strategies and prioritizing those, so that, again, we do make some budgetary and part collaboration or message points to the strategies that we want to put in place. Friedman: Council President, Madam Mayor, Council Members, that's entirely true and, again, we will be back to you soon with that. It's just because°of our meeting schedules and our deadline with submittal to DOE that we wanted to focus on getting these projects prioritized and, then, it's our full intention to come back and work with you on the balance of this overall strategy and get it organized and prioritized and, then, fold it into both our Comprehensive Plan and, then, you can use that for your capital improvement program and your budgeting and so forth, so -- De Weerd: Thank you, Pete. I just wanted to make sure that they knew their work was not done. • Friedman: No. Canning: Madam Mayor, that's on the next presentation, if we can all stay awake that long. Rountree: I'm going to call a minimum of a five minute recess. Canning: Okay. We still need a little direction on this. I'm not quite sure what to do, since we are overdrawn on our account there. Do you want us to do a demonstration project Iheard -- Rountree: I would do a video conferencing demonstration piece. Pick a number. Canning: Okay. Rountree: And go with option -- your option A, if you will. It's still under -- assuming we get the rebates and incentives. Friedman: Council President Rountree, Madam Mayor, Council Members, we also still have the money on hand, rather than -- you know, from the existing Idaho Power funds and as these other ones trickle back in we can replenish that. So, you know, if you're comfortable with that, even though we are overdrawn on the budget, we can still draw Meridian City Council December 15, 2009 Page 77 of 85 on that -- if it's the Council's pleasure, draw on the Idaho Power money that we have to make up for that until we replenish plen account. Rountree: I think everybody's in agreement with that. So, move forward that way. Friedman: Thank you very much. Rountree: Thank you. And, Anna, we are going to give you a five or so minute break. Or give me. Recess: (10:04 p.m. to 10:15 p.m.) 4. Planning Department Strategic Plan Discussion by: Anna Canning Rountree: Let's reconvene and our next item is Item 9-4, Planning Department. Anna. Canning: Thank you. President Rountree, Madam Mayor, Members of the Council, last January or February I provided Council with a list of projects I had proposed for fiscal year '09 and part one of this presentation is based on that list. I dug up that old Powerpoint presentation and it's resurfacing. So, I will go briefly go through the full list of projects I discussed last year and identify whether they were completed, partially completed, and pending projects. And I will also explain the process I used to develop that list and track progress. And, then, the second half of the presentation I will give you a summary list of the projects for this fiscal year and explain the process I used to develop the list and how I will get the projects done and that will include some of the tracking mechanisms. Now, with an intro like that it makes it sound like it's going to be really long, but I promise that it will not. So, part one, the past. On the completed projects from -- again, from that list I presented last year, we have developed standard operating procedures and flow charts for all our processes. We worked with Council and staff is now present at hearings. The idea was to have a little closer relationship between some of the associate staff in particular and they have been coming to your hearings. They like that. I hope that you're enjoying getting a more complete picture of their projects that they are here to present them, but they enjoy the interaction with Council. We have been working more with MDC, in particular we are attending their meetings and trying to follow their progress more. We have looked at what -- looked at our standards and ordinances, including a new sign ordinance that got passed last night and you will see another application just went to Planning and Zoning Commission last week, so it should get up to you soon. It's a lot of little clean-up things, but we are always working those ordinances. We implemented a new enforcement communication tool that's been in -- it's been in place for so long now I forget it's new for last year, but it is. So -- and that seems to be working well at keeping track of what their projects are and making sure everybody shares communication. We are more fully utilizing our online data base. Barb spends a significant portion of her day walking people through • the data base and walking people through what is available on the web for our site and you can tell that there is a lot of -- people are pretty amazed at everything that's on there Meridian City Council December 15, 2009 Page 78 of 85 • and they are making use of it. We have positioned the city for energy efficiency grants and as you might have noticed we have actually got the grant and now we are getting ready to spend it. For the partially completed projects we did want to use GIS more and in more departments. So, within our own department we have developed a layer of all entitlements, but we did not reach out to the other departments. I forgot to put it on the list that you will see later. I realized I missed it when I went back to develop this Powerpoint presentation. So, it is on the strategy plan for 2010, but I missed it last year. So, we are about 50 percent through that one. We restructured the comp plan around the strategic initiatives. We are about 40 percent through that one. We have tried to integrate the business districts into the plan and we wanted to add energy efficiency, economic development, infrastructure development, water conservation, rails with trails, and the 2010 census update to the comp plan. The reason that's only partially complete is the first thing we wanted to do was to kind of do an interim plan and just go through the old comp plan and take out everything that was not relevant anymore and kind of repackage it and make it an interim plan. Well, when we took it all out there wasn't enough left to really repackage it. So, we had to make it on multi-year project. We weren't able to do that in kind of interim steps. So, we are working on that now and you will see that in the -- my presentation of things to do for next year. We kind of got a start on the concept of integrating profitable agriculture into the urban fabric. We have got about 25 percent there. We have got a concept plan in 2D form. It's ready to move forward and possibly another specific plan. We were waiting on some of the economic development information to come through, but it's such a key component if we are going • to structure around that urban agriculture or profitable agricultural. The other partial completed projects were new concise and clear conditions of approval. Those are, essentially, done, they are just waiting to be -- just need to be implemented. A big part of the slow down in implementation is just the lack of projects to apply them to, unfortunately, so -- another pending project is to work with the clerk's more on E filing. This is kind of pending the enterprise software purchase, so I just -- as I realized that it was really tied to that enterprise software I just kind of put it on hold. So, the process for this last year was I came up with the projects. I presented them to Council and, then, I went back to my office and I did an action plan for staff, so I added additional detail on the projects and some additional projects. I assigned dates and responsibilities and, then, I hung the list by the copier and crossed items off the list when they were done. So, this is what the list looked like and this is what it looked like when we were done. So, we completed 83 percent of the projects, which is good and considering we lost two staff along the way, I thought that was pretty good. So, I felt pretty good about it, but I feel like we will do a better job this year especially tied to how we are going to implement it and, again, I will get there very soon. I did want to pull this up for you one more time. This was the one that Bruce had in his presentation last month on the development services fund and I mentioned those two people we lost, you know, I know it was necessary, I'm not trying to complain or whine, it's just I think it really shows up in this photo -- or in this graph in that our cost savings significantly outweigh our shortfall in revenue. So, you know, I felt like we were good stewards of the public trust last year, we did what was necessary to cut back, and we still got a lot • done and I'm proud of us for still getting a lot done last year. Now, moving on to the future. Meridian City Council December 15, 2009 Page 79 of 85 • Zaremba: Mr. President? Rountree: David. Zaremba: If I can interrupt, I would add to that that your staff has been very helpful to other departments as well. I mean not only have you saved internally, but the services that you have been supplying to other departments is very much appreciated. Canning: Thank you. We have tried. Got a lot of money for Public Works and I don't see any donuts in my future yet, so I don't know what's up, but -- okay. Moving on. The projects for this year -- is it fiscal year 2010 or '10? It sounds weird just fiscal year '10. But these are in alphabetical order, but let me tell you how we developed it. We sat down, we had a brainstorming session between Pete and Caleb and I. We looked at the strategic plan, looked to see if that sparked any other ones that we needed to add. I went back and I looked at the city wide performance accountability definition to see if there was ones that sparked projects that were necessary to get those going. Came up with this list. So, what is the continuing community block grant administration and also creating an SOP, so that if Matt's gone one day we know where we are going, we have had three administrators for the city thus far in as many years, so we need to clarify those and get those procedures written down. Again, implementing those code amendments for clarity and new provisions. Some of the ideas we are thinking about is t crime prevention through environmental design. You will see a little bit of that in that code amendment that's coming forward. I promised that Council probably a couple years ago now to work on something for gated subdivisions. I guess it's time I sat down and figured that one out. Trying to get incentives for gaters to build a fiber backbone for the city. Pipeline safety. Helping the fire department take the lead on that one, but helping them get that through the process. And, then, semi permanent portable classroom. Implement the new comments I talked about earlier. Comprehensive Plan update and restructure that I talked about earlier would include the economic districts, the view districts, the CDBG into the plan more. Some design guideline fixes, which you will see soon. We just submitted those today. Water conservation and energy conservation. So, following on that energy efficiency conservation strategy and folding that into the Comprehensive Plan. Then I would also like to work on some strategies for the city's response to site selection visits, so that we have a more coordinated approach, well not more coordinated -- so, that we don't have to drop everything, really, is what it is and work on that, that we have some kind of pre-prepared material, so that we can pull that together a little more easily. Continuing on with the green grant program. That GIS strategy I mentioned before. The energy efficiency and block grant strategy, detailing that out. ACHD coordination and protocols. Caleb just met with ACHD and we had development services staff together, so that we could work on some of those protocols. New ACRD master drainage agreement. More transportation information on the website. Our rails with trails two, which the contract was signed last month and is moving forward this month. The ambassador program, which is the -- which is the Pete and Bruce visiting with some of our more influential and valued partners with the city, our development partners. Interactive flow charts for planning Meridian City Council December 15, 2009 Page 80 of 85 • and clerk's. Again, that, hopefully, will be done soon. I think I actually got out of order. I mentioned the process that we brainstromed on the projects and, then, what I did was I did all of the access data base -- and I'm going to show off a little bit of that, but I promise to be quick. And, then, again, developed an action plan for staff, assigned dates and responsibilities. But the big difference is now I have incorporated it into their PADs. Those should be done by the end of the year. And we will review that implementation with staff at quarterly meetings. So, let's see if my link works here for the data base. So, this is the data base of all the items and the date that they were supposed to be done, who is taking the lead, where it falls in to the PAD, like what it -- what it relates to and I will show you my PAD in a second, so you can see what that -- but this references that. So, that if you go back and say, oh, this is what we did to meet this objective of the strategic plan. Any partners we have on the project. Who is providing support from the planning staff. And, then, this was just kind of a category group and whether it's in house or we need to reach out to folks. So, that's the data base. And, then, for accountability, again, this is -- this is my PAD, so you can see the numbing system over here, so economic excellence and strategic growth one. As you come over here -- come on. Anyway, my data base doesn't want to move back over. So, that kind of ties me back into the data base, so I know where these projects are. And, then, they will have the staff -- each have different ones assigned to them. You can see it here. And a date and who is the -- the other partners are on the project. That's it. So, one of the things that we have all been asked to do is kind of a dashboard of what's important for our departments and for us we are keeping track of our hours, . because I think what -- what gets lost for us is the time we spend with folks. The time we spend on different projects. So, we are trying to keep track of different things. Our counter visits and our customer out reach. Our code amendments. Comp plan updates. Other projects in addition to our regular duties. So, for regular duties, my regular duties are largely administrative. Sonya's regular duties would be when she's working on her staff reports and things like that. So, those follow into a lot of the time, that's why I said that. But I think that sometimes we focus on the Planning Department just being development review and what I hope to discover or to show is that we spend a lot of time on these other things and that's a big part of what we do. Economic development is on there, as well as CDBG or the energy efficiency block grant program as well. And, then, we are just kind of keeping track by month of the hearing applications versus the admin applications and, then, I had a request into IT. I think I can find out how many phone calls come to the main line, but I didn't hear back from them in time for tonight. And, then, the last little thing we are doing is on our customer -- customers that come to the front counter, staff on their own wanted to kind of keep track of who was coming in, what were they are coming in for, when they come in, and how long did we spend with them. And I think the thing that shows up sometimes is that it may just be somebody walking in the door, but sometimes we spend an awful lot of time. So, that one was an hour and a half. You know a lot of times they are just five minutes, but sometimes they do get rather lengthy and so they are keeping track of that as well. And that is the end of my presentation. • Rountree: Comments, questions for Anna? Meridian City Council December 15, 2009 Page 81 of 85 Bird: Mr. President? Rountree: Mr. Bird. Bird: Anna, I really like the presentation. You did a nice job. I also like keeping track of your hours and stuff spent on it, like you're doing, is a very good tool when it comes to setting our fees for applications and stuff. It gives us some kind of an idea of what the hours involved is and we have some backup for that. So, I commend you on that. Very nice. Canning: Thank you. Rountree: Comments? Good job. It's been a pleasure to work with you guys this past year and you're moving forward and doing some good things and starting to track some things that make sense and, then, you will probably, as you look at that some more, distill that down to a lot fewer things that you will be tracking. But until you start putting stuff on paper you don't really know what you have. So, that's a good approach. I have looked at your projects previously and I think you have got quite a full plate for the next year. Canning: And in all honesty I felt that way last year. I really tried to push staff on all those projects and Iwas -- that's why I was pleased that we got the number done that we did. It's -- it's a challenge to motivate folks that are usually motivated by the clerk's screaming at them, where is my staff report, to have internal deadlines instead and to try and get that stuff done. But I think we are -- they have had a year of it now and I think they are ready to step up and even do more, so -- Item 10: Ordinances A. Ordinance No. :Sign Code Revisions Rountree: Thank you. Next item. Ordinances. If we could have the sign code revision ordinance read by title only. Holman: Thank you, President Rountree. City of Meridian Ordinance No. 09-1436, an ordinance amending provisions of Title 11, Meridian City Cade, relating to signs, regarding definitions, sign measurements, nonconforming signs, elimination, purpose, applicability, and process of sign regulations. Prohibited signs. Subdivision identification signs. Marketing signs. Construction signs. Business identification signs. Signs of limited duration. Vehicle signs. And providing for a waiver of the reading rules and providing an effective date. Rountree: All of you people out there in the audience have heard that read by title only. Is there anyone that wishes to have it read in total? Seeing none, I need a motion. Bird: Mr. President, I move we approve ordinance 09-1436 with suspension of rules. Meridian City Council December 15, 2009 Page 82 of 85 • Zaremba: Second. Rountree: It's been moved and seconded to approve ordinance 09-1436. Roll call vote, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Rountree: And Kristi will be delighted. Canning: Yes, she will. Item 11: Other Items A. Executive Session as per Idaho Sate Code 67-2345 (1)(f) - To Consider and Advise its Legal Representatives in Pending Litigation (a) - (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to tilling a vacancy in an elective office): and (b) - (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student): Rountree: Again. Next item. Executive Session. Bird: °Mr. President? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67- 2345(1)(a),(1)(b) and (1)(fi~. Hoaglun: Second. Rountree: It's been moved and seconded to go into Executive Session per the sections stated. Roll call vote, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (10:35 p.m. to 11:10 p.m.) Meridian City Council December 15, 2009 Page 83 of 85 • Rountree: I don't believe we need a motion to do that. We are just out. Bird: We are out of it. Rountree: Yeah. Bird: And no decisions were made. Rountree: No decisions have been made. Motion to Amend the Agenda to add two items: Request for payment to Commercial Painting for a Contract with the City for $8,229.60 Authorize the Mayor to Notify Virtus of Ending of Contract with Virtus and the City of Meridian and to Give them a 30-Day Notice Bird: Mr. President? Rountree: Yes. • Bird: I would move that we release $8,229.50 for payment to Commercial Painting. Hoaglun: Second. Rountree: It's been moved and seconded to release the final payment to Commercial Painting in the amount stated. Or it's not the final payment, but release a payment in the amount stated to Commercial Painting. Roll call. Nary: Mr. -- Mr. Rountree, before we go further, because of the change in the law, what you probably should do first is move to amend your agenda to add a request for payment by Commercial Painting for a contract with the city and, second, to amend your agenda in regards to your contract and, then, state your reasons on the record that it didn't exist prior to, because you were not aware of these requests until this point in your meeting, and, then, can you make your motion to approve. Bird: I pull my last motion, Mr. President. Hoaglun: I agree. Second agrees. Bird: Okay. I would -- Zaremba: Mr. President, I move we amend the agenda as suggested. Is that -- Nary: That's sufficient. Meridian City Council December 15, 2009 Page 84 of 85 • Zaremba: It's on the record. Rountree: It's been moved. Do I have a second? Hoaglun: Second. Rountree: It's been moved and seconded to amend the agenda as stated. Is that -- Nary: Voice vote. Rountree: Voice? All those in favor? Unanimous. MOTION CARRIED: ALL AYES. Rountree: Now, Mr. Bird. Bird: Mr. President, I move that we release a payment to Commercial painting for the amount of $8,229.60. Hoaglun: Second. Rountree: It's been moved and seconded to release payment to Commercial Painting in the amount stated. Roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we authorize the Mayor to notify Virtus of the ending of the contract with Virtus and City of Melridian and give them 30 day notice. Rountree: Do I have a second? Hoaglun: Second. Rountree: It's been moved and seconded to give 30 day notice to Virtus in terminating the contract. Voice vote. Nary: Voice note is fine. Rountree: All those in favor? Opposed? Motion passes. Meridian City Council December 15, 2009 Page 85 of 85 • MOTION CARRIED: ALL AYES. Rountree: Need one final motion. Hoaglun: Move to adjourn. Bird: Second. Rountree: All in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11:13 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR T „D,e.W,~ERD DATE APPROVED . ~ OF ''>~ . ~:~ Mme,®~~y,,, \ ~ ''.. JA CE . HOLMAN, CITY CLERK SEAL ~ ~~~ ~~~~ii~.:~~i tt11111\\\\ I MERIDIAN CITY COUNCIL MEETING December 15, 2009 APPLICANT ITEM NO. 5A1 REQUEST Approval of a New Beer and Wine License for Walgreens #06200 Located at 1570 E. Fairview Ave. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See Attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. NEW BEER/WINE LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST For Internal -Office Use Only: Applicant: Walgreen Co. Business Name: Walgreens #06200 Location: 1570 E. Fairview Ave., Meridian Idaho 83642 License Type: [X] Beer [X] Wine [] Liquor ~ (wine included) Application /File Fee: New Beer Sold $50.00 New Wine $200.00 = $250.00 Receipt No. 16899 Police Department: Police Chief Approval: 12>'l 4 l o Signature Fire Department: Fire Chief Approval: ~~-O~o Signature Date Planning Department: Planning Director Approval:(~SZ. /~-O~o /v ~j` Signature Da e Public Works Department: Development Services Manager Approval: ~ ~ ~ Signature at PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is scheduled to be approved on the December 15th, 2009 City Council Agenda. THANK YOU. MERIDIAN CITY COUNCIL MEETING December 15, 2009 APPLICANT ITEM NO. SA2 REQUEST Approval of a New Beer and Wine License for Walgreens # 1 Ol 97 Located at 31 SO W. Cherry Lane. AGENCY COMMENTS CITY CLERK: See Attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ~ ~~ CITY BUILDING DEPT: ~v ~~~ CITY PUBLIC WORKS DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. NEW BEER/WINE LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST For Internal -Office Use Only: Applicant: Walgreen Co. Business Name: Walgreens #10197 Location: 3150 W. Cherry Lane., Meridian Idaho 83642 License Type: (X] Beer [X] Wine [] Liquor ~ (wine included) Application /File Fee: New Beer Sold $50.00 New Wine $200.00 = $250.00 Receipt No. 16899 Police Department: Police Chief Approval: Signature ~ /o Fire Department: Fire Chief Approval: !d- ~~o /o Signature Date Planning Department: Planning Director Approval: C~2Q., /~- d d Signature ate Public Works Department: Development Services Manager Approval: ~Q-e- ~i /2~~w ~ Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is scheduled to be approved on the December 15th, 2009 City Council Agenda. THANK YOU. MERIDIAN CITY COUNCIL MEETING December 15, 2009 APPLICANT ITEM NO. Jr143 REQUEST Approval of a New Beer and Wine License for Walgreens # 10604 Located at 1625 S. Meridian Rd. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Aftached ~~~~~ Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. NEW BEER/WINE LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST For Internal -Office Use Only: Applicant_ Walgreen Co. Business Name: Walgreens #10604 Location: 1625_South Meridian Rd., Meridian Idaho 83642 License Type: [X] Beer [X] Wine [] Liquor _ (wine included) Application /File Fee: New Beer Sold $50.00 New Wine $200.00 = $250.00 Receipt No. 16899 Police Department: Police Chief Approval: L~e-c G`~i cio~~ /~--1 ~ ~v~ Signature Date Fire Department: Fire Chief Approval: (Y~ (l~ ~p Signature Date Planning Department: /~ Planning Director Approval:(/_~~ ~ ~X ~~~~y ~9 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 December 15th, 2009 City Council Agenda. THANK YOU. MERIDIAN CITY COUNCIL MEETING December 15, 2009 APPLICANT ITEM NO. 5A4 REQUEST Approval of a New Beer and Wine License for Walgreens # 1 1452 Located at 3263 N Eagle Rd. AGENCY COMMENTS CITY CLERK: See Attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS DEPT: ^~~ ~ CITY PARKS DEPT: ~~ MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. NEW BEER/WINE LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST For Internal -Office Use Only: Applicant: Walgreen Co. Business Name: Walgreens #11452 Location: 3263 N. Eagle Rd., Meridian Idaho 83646 License Type: [X] Beer [X] Wine [] Liquor ~ (wine included) Application /File Fee: New Beer Sold $50.00 New Wine $200.00 = $250.00 Receipt No. 16899 Police Department: Police Chief Approval: ~a-0 ~ /o Signature Date Fire Department: Fire Chief Approval: C~~- l~lo lG `~ Signature Date Planning Department: Planning Director Approval ~~~~ C~~~GZ~~ l ly O Signature Date Public Works Department: Development Services Manager Approval ~~~~ f~f `~ /~ . -r Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is scheduled to be approved on the December 15th, 2009 City Council Agenda. THANK YOU. MERIDIAN CITY COUNCIL MEETING December 15, 2009 APPLICANT ITEM NO. 5AS REQUEST Approval of a New Beer and Wine License for Walgreens # 1 1687 Located at 4850 N Linder Rd. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: ~~~ ~~~ Date: Phone: Staff Initials: Materia-s presented at public meetings shall become property of the City of Meridian. COMMENTS See Attached NEW BEER/WINE LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST For Internal -Office Use Only: Applicant: Walgreen Co. Business Name: Walgreens #11687 Location: 4850 N. Linder Rd., Meridian Idaho 83642 License Type: [X] Beer [X] Wine [] Liquor ~ (wine included) Application /File Fee: New Beer Sold $50.00 New Wine $200.00 = $250.00 Receipt No. 16899 Police Department: Police Chief Approval: ~a'o 100 ~> Signature `Date Fire Department: Fire Chief Approval: (~~ 2~ ~~~U ~oci Signature Date Planning Department: / Planning Director Approval: (~~~c. l~ll~~°~' Signature Date Public Works Department: Development Services Manager Approval:(_~~2 ~ ~d-~~ fob Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is scheduled to be approved on the December 15th, 2009 City Council Agenda. THANK YOU. MERIDIAN CITY COUNCIL MEETING December 15, 2009 APPLICANT ITEM NO. 5B REQUEST Independent Contractor Services Agreement with Pipeline Inspection Services for the FY2010 Manhole Retrofits Project for aNot-To-Exceed Amount of $150,000.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: ~~ e~ P~ See Attached Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ~~E IDIAhT ~L1b1~C IDAHO Works Depart~er~t TO: Mayor Tammy de Weerd Members of the-City Council Mayor Tammy de Weerd ~~~ Ke~h EIM Brad Hcaglun Charles Rountree DwJd Zbn3mba b'ROM: Roxanne Holland,. E.LT. DATE: November 2S, 2009 SUBJECT: AGREEMENT FOR INDEPENDENT CONTRACTOR SERYI£ES WITH PIPELINE INSPECTIQN SERVICES FOR THE FV2010 M~-NHOLE RETROFITS PROJECT GC1R A NOT•TO-EXCEED AMOUNT OF $150,000.00 1. RECOMMENDED ACTION A. Mave to: 1. Approve the Agreement with :Pipeline Inspection Services for the FY2010 Manhole Retrofits Projeot in an amount not to exceed $150,000.00; and 2. Authorize the Mayor to sign the Agreement. II. DEPARTMENT C01~1TACT PERSONS Tom Barry, Director of Public Works 489-0322 Warren Stewart, PW Engineering Manager- 4$9-0350 Clint Dolsby, Asst. City .Engineer 489-0341 Roxanne Holland, Staff Engineer (Project Manager) 489-0347 IIl. DESCRIPTION A. Bac round In Fiscal Year 2009 Public Works Eompleted a manhole retrofits project which eliminated 144,000 gallons per day (GPD} of groundwater infiltration, raised 72 manholes to proper grade, and repaired 10 damaged or deteriorated manholes. The elimination of the. infiltration alone helps the- wastewater treatment plant Page I oJ'3 (WWTP) stay within the City's permitted 7 million gallons per day (11~IGD) limit on discharges and saves up to $78,000 per year in treatment costs. B. Proposed ProLt The continuation of the manhole retrofit project will eliminate at least 140,400 additional .gallons per day of groundwater :infiltration, raise an additional 54 manholes tb prnper grade-and:repair an additional 12 manholes that are damaged or deteriorating. The base- bid amount by the contractor to conduct. the above mentioned work is `$54,045:40. The bid for construction servtces for this project also included an add alternate for additional work required through FYZ0.10. Pipeline Inspection Services was also the low bidder for the add alternate bid. The add alternate includes work to stop, groundwater inf ltration and repairs of damaged manholes. A total of $150,000:00 was budgeted far .manhole repairs, allowing $95,935.00 for work under the add alternate. This project. will take. the contract with Pipeline Inspection Services up to the budgeted amount of $1 X0,000.00. C. Contraetvr Selection Pipeline Xnspection Services was the lowest bidder, has a Public Works Contractor-license and is qualified to complete the~equred work. IV, IMPACT A. Strateeic Impact: 'I'bis project supports the Public Works Mission and Vision for strategic growth. The repair of areas of infiltration is responsive, innovative, and opportunistic in planning for growth and increases operational efficiencies by reducing infiltration to comply with current National Pollutant Discharge Elimination System- (NPDES) limits of 7 MGD at the W WTP. I3. ServicelDelivery Impact: Ttie repair of manholes will reduce the rate of infiltration in order to stay below the permitted flow rate of 7 MGD at tine WW~"P and allow the City of Meridian to serve .more. customers without exceeding permitted tTow rates or expanding the. WWTP: C. Fiscallmpact• Projgct Costa Base. Bid Amount $54,045 Add Alternate 95 955 Total $15.0,400 ~qge 2 of 3 • Project Fundiing WW Sewer repair (60-3520-53351) $150,000 V'. ALTERNATIVES A. The City could defer rehabilitation and repair efforts of manholes. Doing so could be more costly in the future as manholes would continue to deteriorate and. require more extensive repair later, and construction costs are likely to increase over time. This option would also. prevent the City from. decreasing daily discharge rates, resulting in higher treatment costs. B. WWTP Staff could perform minor repairs in-house and reduce a portign of the identified infiltration. This would :require additional manpower-:and take away from efforts to maintain the collection system elsewhere. Numerous other repairs identified in the contract will have to go un-repaired as City staff does not have .the tools or the skills to perform the work- required to make the repairs. Vi. TIME GONSTRAIIVTS Council's approval of the Agreement.for Independent Contractor Services will allow Public Works to begin making repairs. already identified. and mobilise tqe Contractor to make additional repairs as 'they are discovered. Completing the work prior to summer 2410 will help in complying wi#h 7 MGD -limits on discharge set by the Environmental Protection;Agency. VII. LIST OF ATTACHMENTS: A. Agreement for Independent Contractor Services Approved for Council Agenda: J// ., / ~, 4 .p r qS~~:.. ~~ .~. 111 ~ O, . _. r• :~ Page 3 oj3 • AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES FY201,0 SEINER MANHCILE RETROFITS THtS AGREEMENT FOR PROFESSIONAL SERVICES is made-this 15~' day of December, 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 INSPECTIC}N SERVLCES, hereinafter referred to as "CONTRACTOR", whose business address Is P~ B4K 3023. NAMPA. ID 63653 and whose Public Works Contractor License # is C-15828: INTRpDUCTION Whereas, the City has a need for services involving FY2010-SEWER MANHOLE RETRQFITS; 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 partias agree as follows: TERMS AND. CONDITiUN`S 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and eornpiy in all 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 am®ndments that may be agreed to in writing by tite parties. 1.2 All documents, drawings and written work product prepared or produced by the ContractorundertMs Agreement, including without limitation electronic data files, are the property of the Contractor, prouided, however, the City shall have the right to reproduce. publish and use ali such work, or any part thereof, in.any manner and for any purposes whatsoever and to authorize others to da so. If-any such work is copyrightabie, the. Contractor may copyright the-same, except that, as to FY 2010 SEWER MANHOLE RETROFITS PW.10.10093 page 1 of 14 • any work which is ct~pyrighted by the Gontractor, the City reserves a royalty-fir®e, non-exclusive, and. irreaocable license to reproduce, publish and use suchwork, or any part thereof, and.to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable fezfe~ral, sfate and city laws., ordinances., regulations and resolutions. The Contractor represents and warrants that i# will perform its work in accordance with generally accepted industry standardsand 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 representa~ons made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part ofi the work performed by the Contractor under this Agreement, Contractor -makes no other warranties, either express or implied, as park of this Agreement. 1.4 Services and work providd by the contractor at the City's request ender this Agreementwill-be perfomted in a timely manner in accordance with a Schedule of Work, which the parses 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 compensa#ed on an itemized basis per the the attached schedule as provided in Attachment B "Payment Schedule° attached hereto and by reference made a part hereof, for $54.045.00. Additional repairs may be requested at the costs indicated as provided in Attachment C "Bid Alternate Payment Schedule" for an addi#ional Not-To- Exceed :amount of $96,95.00. This is not an authorization for the additional repairs but a potential need that the City will address throughout the year. Total compensation from this agreement may not exceed $15D,©00.00.. 2.2 The Gontractor .shall provide the City with: a monthly statement, as the work warraPtts, of fees earned and costs incurred for services provided during the billing period, which the Ciiy 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 City to Contractor under the terms and conditions of this FY 201(1 SEWER MANH~t-E RETROFITS PW.14:10093 Page 2 of 14 • Agreement. Payment of a0 taxes acrd 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,#o consideration in the #orm of oyertim'e, health insurance benefits, retirement benefits, paid- holidays or other paid leaves of absence of any type yr .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 3Q, 2010 or (c) unless sooner terminated as provided. below or unless .some other method or time of termination is listed. in Attachment A. This Agreement shah terminate automatically on the occurrence df (a) banlwptcy or insolvency of.either party, or {b)-Sale of Contractors business. 3.2 Should. Contras#or default in the performance of this Agreement or materially breach anyof 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 aA or any par of the compensation. set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty {30}days from the. dafe payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any ©f the following events: a. Banlwptcyof insolvency of either party: b. Sale of Contractor's business:. or c. Death of Contractor FY 2010 SEWER MANHOLE RETROFITS RW.1 U:100$3 page 3 of 14 • 4. Terminatlon• If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely end propermanner its obligations .under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record ar document required to be prepared under this agreement, engages in fraud, dishon. esty, dr any other act of misconduct in the performance of this: contract, or if -the City Council determines that termination of this Agreement is in the' best interest of CITY, the CITY shah thereupon have the right to terminate this Agreement by giving written notice tb 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-at any time by giving alt least sixty (60) days notice to CITY. In the event of any termination of-this Agreement, all finished or .unfinished documents, data, and reports prepared by CONTFtA~TOR under this Agreement shall, a# the option of the CITY, become its: property, 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 C1TY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and- the CITY may withhold any payments to CONTRACTOR for the purposes of sst-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 agreement. and shall not. relieve'CONTRACTOR of its liability to the CITY for damages. 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 oragent of CONTRACTCR will be deemed an employee. of CITY. Except 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. FY 2010 SEWER MANHOLE RETROFITS PW.10.10Q93 page 4 of 14 • 5.2 Contractor, its agents, officers, and employees are- and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and. not as employees of the City. ~.3 Contractor shall .determine the method, details and means of performing the work and services to.be provided by Contractor under this Agreement. Contractor shad be responsible to City only for the r®qurements an+d results specified in this Agreement and, except as expressly provided in this Agreement,; shall. not be subjected to City's contrvt 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. lndemn[ification and. Insurancs: 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 lifjgation 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. flf CITY or its employees: CONTRACTOR shall, maintain, and speafrcally agrees #hat it will maintain, throughout the tens of this Agreement, liability insurance, in which the CITY shall be named err additional insured in the minimum amounts .as follow: General l.iabil"rty One Million :Dollars ($1,000,000) per incident or occurrerce, P.rofe$sional Liability One Million Dollars- ($1,000,000) per incident or occurrence,.Automobile Liability Insurance One Million f?ollars:($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 bald harmless .CITY; and if CITY becomes liable for an amount in excess-t~f the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and :bald harmless CITY from and for all such losses, claims,. ections, or judgments for damages or injury to persons or property and other costs including lifigation 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 FY 2010 SEWER MANHOLE RETROFITS PW.10.10093 page 5 of 14 • CITY at least ten (10) days poor 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 compliance with the changed limi#s. Evidence of all .insurance shall be submitted to the City-Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, INleridian, Idaho ft3642. 6.2 Anydeductibles, 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 shaA 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 administration and defense- expenses.. • 6.3 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 of acted 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 whorrt claim 'is madeor suit is .brought,. except with respect to the limits of the insurer's liability. 6.4 All insurance coveragesfor subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limrt the liability of the Contractor and Contractor's agents,. representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are. required on all Public Works of Improvement Projects over $25,000.00 8. 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 United States mail, certified, return receipt requested, addressed as follows: • City of Meridian FY-2010 SEWER MANHOLE RETROFITS PW.1010093 page 6 of 14 • Purchasing Manager 33 E. Broadway Avenue Meridian, :Idaho $3842 PiQelirte Inspection:-Services Attn_ Scott Wendlina p d Box 3TQ23 Nampa, l0 83653 208-941-8424 ldffho Public Works License #: C-15828 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 If~dgation be commenced between the :parties hereto concerning this Agreemen#, the prevailing party shell b® entitled, in addition o any other relief as maybe granted, to court costs and reasonable attorneys' fees as determined ey a Court of competent jurisdiction, This provision shalt be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of his Agreement,. 10. Time is of the Essence: The parties hereto acknowledge and. agree that urns is strictly of the: essence with respect to each and :every term, condition and provision hereof,. and that the failure to timely perform any ofthe obligations hereunder shad 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 #his Agreement except.upon the .prior ~zxpress written consent of CITY. 12. 13isca-imination Prohibited:. In performing the VIlork required herein, C©NTRACTOR shall rant unlawfully discriminate fn violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religjon, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times. and in such fivrms as the CITY may require, there shall be famished to the CITY such statements, records, reports, data and FY 2D1U SEWER MANHOLE RETROFITS PW.1D.i0093 page? of 14 • information as the CITY may request pertaining to matters covered by this Agreement. 132 Contractor shall malrrtain elf writings, documents and records prepared or complied in connection with the performance of this Agreement for a minimum of four (4} years from the termination or comp. letlon 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 ar representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and lnspectlons: At anytime: during normal business hours and. as often as the CITY may deem necessary, .there shall be made available to the CITY for exarninatian all of CONTRACTOR'S- records with respect to aW matters covered. by this Agreement, CONTRACTOR shall perrnitthe CITY to audit, examine,. and make excerpts or transcripts from such records, and to make audits of all contracts, Invoices, materials, payrolls. records of personrtel, conditions .of employment and o#her data reFating to all matters covered by this Agreement. 15. PubiicatiQn, Reproduction and Use of Material: No .material produced in whole or in part underthis Agreement shall be subject to copyright in the IJcnted States or in any other country,. The CITY shall have unrestricted -authority to :publish. disdose and othenivise 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 Paws, ordinances, and codes of Federal, State, and. local governments. 1?. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually .agreed upon by and befinreen the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed wtith the same formalities as this Agreement. 18. Construction and Severability: !f any part of-this Agreement is held to be invalid or unen#orceable, 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 FY 2010 8EWfR MANHOLE RETRQFITS P1N.'l0.1 OU93 page 8 of i4 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 modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorneys or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Ord®r of Pr®cedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. Applicabl® Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval R®quired: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN PIPEL~E INSPECTION SERVICES BY: TA a WEERD, MAYOR Dated: I ~. 15 f~~ BY: Dated: ~Z ~~0 " O `~' Approv®d by City Council: ~' ~ 5 ' Oct ~,•~;,~~e~~~~ ~~~''' t~ Attest: •~'~ ~ ~' :. = ~~ YC L. FIOLMAN, CITY CLERi~C, y r ts~ •~~~~~`~ ~. O Q' ~• ~llNT~ FY 2010 SEWER MANHOLE RETROFITS PW.10.10093 page 9 of 14 ~pproved as to Content BY: KEI A S, PU CHASING AGENT Dated: 1,~.11~ ° D 9 Approved as to Form CITY ATTORNEY • Department Approval NA E: ~yStjR~1,lU~ -~ou.~4~~ TITLE: _g~ ~At~ j IyEL- ~t Dated: 12 I o~ 09 FY 2010 SEWER MANHOLE RETROFITS PW.10.10093 page 10 of 14 • .Attachment A SCQPE QF Wt}RK The FY 20.10 :Sewer Manhole Retrofits project includes repair of manholes to stop inflltratlon, bring manholes to proper grade,. uncover paved 'over or buried manholes, and- manhole base repairs. The Contractorshalt furnish all labor, materials, and equipment necessary for the entire completion of the project as outlined and shall construct. the complete job in the best and most workmanlike manner. SPECIFICATICINS A. The Contractor will be required to pay for and obtain the-necessary permits from Ada County Highway Distrtict {ACHD) to perform the required work within ACRD-right-of way. The Contractor will also be responsible for any traffic control. necessary to complete the work in a safe manner within ACRD right-of- way. B. All work shall conform to the Idaho Standards for Public Works Construction (ISPWC), Ada County Highway District (ACHD), City of Meridian Supplemental Specifications to the ISPWC and the City of Meridian Construction Storm Water Management Program. C. The Contractor shall be required to submit, to the Project Manager, a schedule of work during the preeonstruction meeting. All work will be limited to the manholes identified in the. CD of maps provided in the Invitation for Bid PW- 14-10093. Anything beyond- the work shown must first be approved by the Project Manager prior to beginning the additional work. D. Contractor shall. be willing to testify as an-expert witness in the event of litigation. E. Contractor shall adhere to ail safety regulations set forth by OSHA and any-other safety means needed to safely perform the project. F. Contract shall notify Project Managero#.any significant problems, abnormalities, addi#ional repairs needed,- etc. that may be encountered during or after the work was completed. G. The amount of work to be done. under the contract and as noted in the Bid Schedule represents a maximum and is not to betaken as an expressed: or implied statement #hat .the actual amount of work will correspond. The right is FY 2010 SEWER MANHOLE RETROFITS PW.10.10093 page 1~1 of 14 • reserved to increase or decrease or to entirely .eliminate certain items from-the work. H. All structural repairs of pipe shall be cured in place (CIP) and all structural repairs of manholes shall use a polyurethane spray wall. Repairs to stop infiltration in pipe shall use chemical grout:and all repairs to stop infiltration in manholes shall use chemical injection -with Deneeff. I. All work to stop infiltration. shell be conducted during the months of April through September. J. All submittals for approved equals and alternative materials must be approved by the City Engineer prior to bid opening. K. It will be the:Contractor's responsibility to make. site. visits to each manhole. identified in the attached maps to determine the sev®rity of the' repair in order to accurately bid.. L. -Prior to the start of work, a_preconstruction meeting will be held acrd shall be attended by the Contractor's Project Manager,. its superintendent, and its Subcontractors as the Cciniract deems appropriate. The purpose of the meeting is to designate responsible personnel and establish a wor)cing relationship. Matters requiring coordination will be discussed and procedures for handling. such matters established. The Contractor should be prepared to discuss tentative schedules, transmittals, processing applications for payments, maintaining record documentation, critical work sequencing, field decisions and Change Orders. REFER TO INVITATION T4 BID PW-10-10093 ALL lolD`DENDUMS, ATTACHMENTS, MAPS, AND EXH1BlTB included in the Invitation to Bid Package # P1A1-'E~0-10093, are by this ref®rence made a -part hereof. ill 2010 SEVER MANtHOLE REl'R~Ft~S PW:1U.10093 page 12 of 14 Attachment B PAYMENT SCHEDULE A. Total end- complete compensation for this Agreement shall not exceed $54,045.00. RAYM~NT SCHEDULE PRICING INCLUDES ALL LABOR, MATERIALS, E4UIPMENT, AND INCIDENTALS AS REQUIRED FOR FY 2010 SEWER MANHOLE RETROFITS, PER THE SCOPE SPECIFICATIONS -AND MAPS AS PER IFf3# PW.10.10093 Task Descriptioh Quantity Unit of Price Extended Measure Price Repair manholes to stop A. infiltration, minorto moderate 31 Each $ 450A0 $13,950.00. rd air B. Repair manholes to stop ~ 1 Each $ 650.00 $ 7 150.00- infiltratbn, extensive re air , ~ Repair loose rings on 3 Each $ 250.00 $ 750 00 manhole-s . C.1 Replacement of Cone 1 Each 250A0 $1 $ 1,250.00 .Manhole#.M1493 , Uncover manholes located in D. aspha~tand/arrestore 20 Each $ 700.0© $14,000.00 manholes to ro r rade. Uncover manholes located in E. dirt and/or restore manholes 31 Each $ 425.00 $13,175.00 to o er rade Repair manholes, replace and/or add one (1) barrel 3 Each $ 815.00 $ 2 445.00. section and restore to proper , rade C Repair manholes requiring ~ Each $ 175:00 $ 350:00 i rautin Fi Repatr manholes requiring 3 Each $ 325.00 $ 975.00 vase re airs TOTAL $$.4,045.00 FY 2010 SEVtiIER MANHOLE RETR©FITS PW.10,10Q93 page i3 of 14 • ATTACHMENT C BtD ALTERNATE PAYINENT SCHEDULE • Task Description Price A. Minor to moderate infiltration (< 3 gpm) $ $00.00 B. Extensive InfNtration (z3 gpmj $ 750.00 D. Repair loose rings on mar-hoies $ 495:00 D. Raise manhole to proper grade -asphalt $ 975:.00 E. Raise manhole to proper grade -dirt $ 625.00 F. Replace or add barrel section $1:,020..00 G. Pipe grouting $ 250.00 M. Base repairs $ 400.OQ I. Manhole Uning $250.OO/vft Travel expenses will be paid at no mere than the City of Meridian's Travel and Expense Reimbursement Policy. FY 2010 SEWER MANHOLE RETROFITS PW,10.10093 page 14 of 14 MERIDIAN CITY COUNCIL MEETING December 15, 2009 APPLICANT ITEM NO. 5C REQUEST Cooperative Agreement Between Valley Regional Transit and City Of Meridian AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS 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: ~~~ ~~ P~ See Attached Contacted: Date: Emailed: Phone: ~rarr urinals: Materials presented at public meetings shall become property of the Cify of Meridian. COOPERATIVE AGREEMENT BETWEEN VALLEY REGIONAL TRANSIT AND CITY OF MERIDIAN FOR ANNUAL DUES AND SERVICE CONTRIBUTION THIS COOPERATIVE AGREEMENT ("Agreement") is entered into this ~s day of ~2~,,,,..tre~ 20~ by and between VALLEY REGIONAL TRANSIT, a regional public transportation authority authorized under Cbapter 21, Title 40, Idaho Code ("VRT', and the City of Meridian, a municipal corporation organized, existing and authorized under Chapter 1, Title 50, Idaho Code ("Member") RECITALS A. VRT is the regional public transportation authority created to serve Ada and Canyon Counties, pursuant to Chapter 21, Title 40, Idaho Code, and as a result of November 3, 1998 public referendum. VRT provides publicly fimded or publicly subsidized transportation services and programs in Ada and Canyon Counties. B. Member is a municipal corporation authorized under Chapter 1, Title 50, Idaho Code. C. Idaho Code § 40-2109(7} provides that VRT may enter into cooperative agreements with the state, other authorities, counties, cities and highway districts under the provisions of Idaho Code § 67-2328, which expressly authorizes public agencies to enter into agreements with one another for cooperative action for purposes within the power, privilege, or authority of said agencies. D. Idaho Code § 40-2110 provides that counties, cities, highway districts and other governmental entities in the region may enter into cooperative agreements with the regional public transportation authority in order to contribute funds from any source in recognition of costs of the authority. E. There aze two primary programs which VRT budgets and funds each yeaz. First, VRT budgets and establishes annual dues for its regulaz and special members, with dues for its regulaz members calculated pursuant to a population based formula, and dues for its special members calculated pursuant to a negotiated amount. Second, VRT budgets and establishes service contribution requirements to support the operation of motor bus services within the Nampa Urbanized Area and the Boise Urbanized Area. F. VRT has budgeted $100,541 for Member to contribute for its annual dues and service contribution; Member has budgeted the same amount for its VRT annual dues and service contribution. Page 1 of 4 G. Service contributions support the following modes: 1) Nampa Express Service (Routes 40 & 43): Operates between Nampa and Boise making a limited number of designated stops in Caldwell, Meridian, and Boise. The service operates Monday thru Friday from 5:35 A.M. to 6:25 P.M. The service generally utilizes 24 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack. 2) Nampa Limited Stop Service (Route 42): Operates between Nampa and Boise making several designated stops in Nampa, Meridian, and Boise. The service operates Monday thru Friday from 5:35 A.M. to 8:27 P.M. The service generally utilizes 20 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack. AGREEMENT NOW, THEREFORE, in consideration of foregoing recitals, which aze made a part of this Agreement and not mere recitals, and for other good and valuable consideration, the receipt and sufficiency of which aze hereby acknowledged, it is mutually agreed as follows: Section 1. Term This Agreement shall be in effect from the 1~ day of October, 2009, and will terminate on the 30~' day of September, 2010, unless eazlier terminated pursuant the mutual written agreement of the parties hereto. Section 2. Purpose The purpose of this Agreement is: (a) For Member to pay annual dues and a service contribution to VRT for Fiscal Yeaz 2010 in the amount of $100,541 in contribution to the costs of VRT and in support of transportation services within the Nampa Urbanized. Attachment A provides a detailed description of those services supported under this Agreement. (b) For VRT to use said annual dues for costs budgeted under its regional planning and program administration, and to use said service contribution for costs budgeted under its regional operating plan. Section 3. Compliance VRT, in using said dues and service contributions, shall comply with all conditions required by applicable federal, state and local laws and regulations, and shall maintain, in accordance with generally accepted accounting practices and principles, records and books of account regarding said dues and operating costs. • Page 2 of 4 Section 4. Payment (a) Member shall pay its annual dues and service contribution up to the aforesaid amount of $100,541 within 30 days of invoice to VRT at the following address, unless Member is notified in writing by VRT of a new address: Valley Regional Transit 830 North Main Street, Suite 230 Meridian, Idaho 83642 (b) Member's address, for the purpose of notice or correspondence, unless VRT is notified in writing by Member of a new address, is as follows: - City of Meridian C ,~ C i E'ti~ K Attn: ~- ~ Meridian, Idaho 83642` - SY Section 5. Miscellaneous (a) Each party hereto represents and warrants that each person executing this Agreement on behalf of such party is, at the time of such execution, duly authorized to do so by such party's governing body, and is fully vested with the authority to bind such party in all respects. (b) If any provision of this Agreement is held invalid, illegal, or unenforceable, the remainder shall be construed to conform to the intent of the parties, and shall survive the severed provisions. (c) Except as provided otherwise herein, this Agreement and any attachments hereto constitute the entire Agreement between VRT and Member concerning the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any P~y• (d) The captions and headings in this Agreement aze for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. (e) This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third party beneficiary rights in any person not a party hereto. This Agreement shall be binding on the parties hereto, and their successors and assigns. Section 6. IndemniScation To the extent permissible by law, VRT shall indemnify, defend, protect and hold harmless Member, and it's officers, agents and employees, from and against any and all liabilities, losses, suits, claims, judgments, fines or demands arising by reason of injury or death of any person or damage to any property, including all reasonable casts for investigation and defense thereof (including but not limited to attorney fees, court costs, and expert fees), of any nature whatsoever (collectively, "Claims") arising out of or incident to this Agreement, and any renewal or extension thereof, and arising out of or caused by the negligent or intentional acts or omissions Page 3 of 4 of VRT, it's officers, agents and employees, regardless of where the injury, death, or damage may occur, except to the extent any such Claims arise out of or are caused by the negligent or intentional act or omission of Member or it's officers, agents and employees. Member shall give to VRT reasonable notice of any such Claims. VRT shall notify Member of the counsel to be used in carrying out its obligations hereunder. Member must state any reasonable objection that it may have regarding the use of said counsel. The provisions of this section shall be deemed to be a separate contract between the parties and shall survive the expiration or any default, termination or forfeiture of this Agreement, and any renewal or extension thereof. Notwithstanding anything to the contrary in the foregoing, Member's right to indemnification pursuant to the foregoing shall be limited to indemnification for such Claims for which Member incurs actual liability or expense. The foregoing indemnification includes, without limitation, any Claim arising out of or caused by the noncompliance of any services, programs, or activities provided by VRT under this Agreement with all applicable federal, state, and local statutes, regulations, and requirements, including, but not limited to, the Americans with Disabilities Act (ADA). Notwithstanding anything to the conttary in the foregoing, (i) no employee or officer of VRT shall be personally liable to Member under this Agreement, (ii) with respect to third party Claims, both VRT and Member expressly reserve any and all of the privileges and immunities available to them, if any, under Idaho law, and (iii) the agreement of VRT to hold harmless or indemnify Member shall be limited to, and be payable only from, VRT's available insurance or self-insurance coverage for liability assumed by contract available as a part of its general liability insurance program." (~ EXECUTED and effective as of the date first above written. Valley Regional Transit: Kelli Fairless Executive Director City of Meridian: n u Page 4 of 4 • City of Meridian By: Attest: ```,~~~~r r ~ i u rurrrr~~', .~`~~``C~~y O~ 9ti ~~''~, ~orF~ l ~ ~~~ ~ ~i ~ ti ' ~ ~ O ~ ~,,~ ,' aQ. `~~. ~'''A'\~fflt~lr111~~~``````\ Mayor T DeWeerd Dated: ~a - Is - ('~j • • MERIDIAN CITY COUNCIL MEETING December 15, 2009 APPLICANT ITEM NO. SD REQUEST Contract For Purchase of Records in Bulk -Commerical Vehicle Registration Records and a Contract For Purchase of Records in Bulk - Motor Vehicle Title Records AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS 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 ~'e~ ~aQ `,~ ~~ ~'" ~ ~~~ ~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properfy of the CHy of Meridian. November 9, 2009 City of Meridian Mike Tanner, Information Technology 33 E Broadway Ave Meridian, ID 83642 Dear Mr. Tanner: Attached is the "Contract for Purchase of Records in Bulk," from the Idaho Transportation Department (ITD). Please complete, sign and return the contract to this office. . Fees for requested information aze waived for county or state agencies; however, conditions of the contract must be met. If you have questions, please call Cathy at 208-334-8601 or Peggy at 208-334-8741. Information requests will be filled in the order they are received as soon as staff time is available. Sincerely, DOUG BENZON Economics and Research Manager Attachments • State of Idaho Idaho Transportation Department CONTRACT FOR PURCHASE OF RECORDS IN BULK For Permissible Purposes Agreement Between Purchaser: (Name and Address) CITY OF MERIDIAN STATE OF IDAHO ATTENTION: CITY CLERK IDAHO TRANSPORTATION DEPARTMENT 33 EAST BROADWAY AVE P. O. BOX 7129 MERIDIAN, IDAHO 83642 BOISE, IDAHO 83707-1129 Specify names and addresses of subsidiaries, if any, that will be using data: INFORMATION TECHNOLOGY DEPARTMENT AND POLICE DEPARTMENT WHEREAS, Idaho law authorizes the Idaho Transportation Deparmeat (hereinafter the Department) to sell driver, vehicle, and related records individually and in bulk for specified permissible purposes; and WHEREAS, state and federal law, including the federal Driver's Privacy Protection Act of 1994 (PL 103-322; 18 USC § 2721 et seq.) and Idaho's driver privacy protection legislation of 1997 (codified in § 49-203) extend privacy protection to personal information maintained in the files of state motor vehicle agencies from selling personal information in bulk for purposes of mazketing, solicitations, and certain surveys unless a state has first obtained express consent from each individual about whom listed personal information pertains; and WHEREAS, the State Legislature has refiained from enacting any express consent system for use in Idaho; and WHEREAS, Department Policy requires each prospective purchaser of records in bulk, before receiving any records, to execute a written purchase agreement or contract containing such safeguards as the Department considers necessary or reasonable, to ensure that all information and records purchased aze used only for permissible purposes and that the rights of individuals and the Department are protected; and WHEREAS, CITY OF MERIDIAN (hereinafter the Purchaser), desires to purchase driver, vehicle, and/or related records, including personal information, from the Department, IT IS AGREED, THEREFORE, that the Department shall sell and deliver to the Purchaser the records and information of the Department specified below, subject to the following terms and conditions: • 1 of 6 1. Records and Information Sold. The following copies of records and information of the Department are sold in bulk under this contractual agreement: X a. Motor Vehicle title records. (See attached exhibit "A'~ b. Motor Vehicle registration records. (See attached exhibit "B'~ c. Commercial Vehicle registration records. (See attached exhibit "C'~ Frequency of Request. Single Request _X * Monthly update program for those items checked above, as available from the Department. * Quarterly update program for those items checked above, as available from the Department. *Requests for monthly and quarterly updates will receive the standard run with the first request, followed up updates; monthly or quarterly. 2. Certification of Permissible Uses. The Purchaser, by signing this agreement, hereby certifies compliance with all current provisions of the federal Driver's Privacy Protection Act of 1994, as amended by PL 106-69 (18 USC § 2721 et.sec.), with applicable Idaho driver privacy protection (Idaho Code section 49-203) and with all other state and federal laws applicable to this agreement. The Purchaser further certifies that his/her/its use of the records and information purchased under this contract is for the following permissible purposes only, and for no other: _X_ a. GOVERNMENT: For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, state, or local agency in carrying out its fimctions. b. DRIVER OR VEHICLE SAFETY: For use in matters of motor vehicle or driver safety and theft; motor vehicle emissions, motor vehicle product alterations, recalls or advisories; performance monitoring of motor vehicles, motor vehicle parts, and dealers; motor vehicle mazket reseazch activities, including survey research; aad removal of non-owner records from the original records of motor vehicle manufacturers. c. BUSINESS ACTIVITIES: For use in the normal course of business by a legitimate business or its agents, employees or contractors, but only: (i} to verify the accuracy of personal information submitted by the individual to the business or its agents, employees or contractors; and (ii) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purpose of preventing fraud by pursuing legal remedies against, or recovering on a debt or security interest against, the individual. 2 of 6 d, COURT PROCEEDINGS: For use in connection with any civil, criminal, administrative or azbitral proceeding in any federal, state or local court or agency or before any self- regulatory body, including the services of process, investigation, and anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state or local court. e. RESEARCH: For use in reseazch activities, and for use in producing statistical reports. Name and address will not be released for reseazch purposes. f. INSURANCE: For use by any insurer or insurance support organization, or by a self- insured entity, or its agents, employees or contractors, in connection with claims investigation activities, rating or underwriting. g. TOWED/I1VII'OUNDED VEHICLES: For use in providing notice to the owners of towed or impounded vehicles. h. INVESTIGATION: For use by any licensed private investigative agency or licensed security service for any purpose permitted under the provisions of title 49, Idaho Code. i. EMPLOYER INFORMATION: For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 USC 31101 et seq.). j. PUBLIC SAFETY /VEHICLE OPERATION: For any other use specifically authorized under Idaho Code, if such use is related to public safety or the operation of a motor vehicle. k. TRANSPORTATION FACILITIES: For use in connection with the operation of private toll transportation facilities, including companies that operate parking facilities for the purpose of providing notice to the owners of vehicles who have used the facility. It is expressly understood that the Purchaser may NOT sell or furnish personal information obtained under this agreement to third parties without the expressed written consent of the Department. After obtaining written permission from the Department, the Purchaser understands that he/she/it may not furnish personal information purchased under this agreement to any third party unless the third party certifies that his/her/its intended use of the information is for a use other than for marketing, solicitations, or non-motor vehicle market research surveys. The Purchaser finttier understands that violating this paragraph is grounds for immediate termination of this agreement under Paragraph 12. • 3 of 6 4, Acknowledgment and Disclaimer. The Purchaser acknowledges that the Department is furnishing records and information "as is" and makes no representation or warranty as to the accuracy of any record or the information furnished. The Department expressly disclaims responsibility for any failure to deliver records or information in a timely manner, or at all, in the event of staff shortages, failures of appropriations, breakdowns of equipment, compliance with new or amended laws, acts of authority exercised by a public official, acts of God, or other circumstances which may delay or preclude fnnishing records and information in a timely fashion. If records and information aze not furnished and the Purchaser has remitted a deposit, the Department shall refund the deposit. The Department has no further responsibility or liability to the Purchaser with respect to undelivered records and information and has no liability or responsibility whatsoever for delayed records and information. S. Consumer Protection. The Purchaser agrees that the records and information Punished under this agreement shall not be used to engage in any method, act, or practice which is unfair or deceptive, nor shall they be used for mazketing or solicitations, or surveys not authorized by law. 6. Access to Information in Bulls. The Purchaser agrees that no member of the public or any person outside the direct employ or control of the Purchaser shall be allowed direct access to records and information furnished to the Purchaser under this agreement for any reason other than the Purchaser's intended and legitimate use of the records and information. 7. Record Creation and Retention, and Removal of Names. If the Purchaser resells or re-discloses any of the information or records purchased under this agreement to a third party, subject to the limitations contained in paragraph 2 above, the Purchaser agrees to create records identifying each such person or entity who obtained personal information from the Purchaser and the legally permissible purpose for which the record or information was obtained. The Purchaser shall retain the records of identification and purpose for a period of not less than five (5) yeazs following transfer of the information and/or records to the third party. 4of6 8. Inspection of Records. If the Purchaser resells or re-discloses any of the information or records purchased under this agreement to a third party, the Purchaser shall permit a representative or agent of the Department, upon request, to inspect and copy records identifying each person or entity who obtained personal information from the Purchaser and the permissible purpose for which it was obtained. The Purchaser understand that the Department's may exercise its reserved right to insert control records into bulk records and information furnished, as an independent means of identifying any entities to whom the Purchaser may have improperly resold or re-disclosed records and information under this agreement or if any inappropriate use has occurred. The Purchaser shall bear the expenses of one inspection during the period of this agreement. For purposes of this paragraph, expenses include stafftime and travel costs, including meals and lodging. 9. Assignability. The Purchaser may not assign, license, or transfer any of its rights, duties, and obligations under this agreement without the prior written consent of the Department. 10. Effective Date and Renewals. This agreement shall take effect when signed and dated by the Department's representative. The agreement is subject to continuous annual renewals if both parties agree. 11. Cancellation. Either party may cancel this agreement for any reason by giving the other party written notice of cancellation at least thirty (30) days prior to cancellation. If a party elects to cancel this agreement, all unfulfilled obligations, including the obligation to pay for copies received, shall remain in force. 12. Termination. The Department may terminate this agreement immediately for cause, including for failure to remit charges due in a timely fashion or for inappropriate use of data, such as use for marketing or solicitations, by giving the Purchaser written notice of termination. The Purchaser acknowledges that if this agreement is terminated for cause, the Department may refuse to provide records and information in bulk for five (5) years. 13. Amendments. The Purchaser acknowledges that the Department may amend the terms and conditions of this agreement from time to time in order to accommodate changes in the records or information furnished under this agreement and for other reasons deemed appropriate by the Department. The Department agrees to notify the Purchaser in writing of the content of any amendment. 5 of 6 • • • 14. Indemnification. The Purchaser agrees to indemnify and save harmless the State of Idaho and the Department, and any of their officers, agents, or employees, with respect to any claims asserted against them under the federal Driver's Privacy Protection Act of 1994, as amended (18 USC § 2721 et seq.), Idaho's driver privacy protection legislation (Idaho Code section 49-203, as amended), and other state or federal law pertaining to this agreement, for any act or omission attributable to the Purchaser, its officers, agents, and employees, and others who obtain information from the Purchaser. 15. Governing Law and Jurisdiction. This agreement shall be construed in accordance with the laws of the State of Idaho. The Purchaser agrees that any dispute which arises under this agreement and cannot be amicably resolved by the parties shall be submitted to a court of competent jurisdiction in the State of Idaho, Ada County, to which jurisdiction the Purchaser hereby submits. 16. Signatory Authority. The signatories hereby certify that they are authorized by their respective parties to execute this agreement as party representatives and to bind their respective principals hereto. IN WITNESS WHEREOF the representatives of the parties have affixed their signatures on the dates as written below. ~! PURC (sign) MAYO DE WEERD ~~~~u n n I tllllrii _15_~ ~a ; DATE - ~E~ ~~ ~°~' c -,, 'f'p ~'sr ~s~ •, ~~ ATTEST "9 ~~~,.~`~ ~~~~'s%,, CDU~ A ~//IIN1111t1ti~~~ STATE OF IDAHO Representative RtJaEdZ`i C., THowl1°Sa~/, ~'Gv./~~M,Si NAME AND TITLE (Printed) r-'~~ ~ a u t, c..4 5 ~. t~~+~~vN DATE Appro al fo eputy Att feral JayceeY~. Holman, City Clerk 6of6 Exhibit A, Page 1 CONTRACT FOR PURCHASE OF RECORDS IN BULK TITLES FILE December 10, 2009 REQUESTER: Name CITY OF MERIDIAN Address INFORMATION TECHNOLOGY DEPARTMENT 33 EAST BROADWAY AVENUE MERIDIAN, IDAHO 83642 Telephone 208-489-0505 FAX Number 208-489-0494 Person to Contact MII~E TANNER Email address mtanner@meridiancity.org FEDERAL EMPLOYER ID 82-6000225 (Requests cannot be started without this number.) VISA/Master Cazd n/a Account # Exp Date Card Holder Signature n/a Name of Cazd Holder (typed or printed) n/a REPORT FORMAT: Diskettes. CD's and Zia Disks will be provided by lt'I'D.) For added security, all data sent from TTD will be zipped and encrypted, using WINZIP9.0. Print out Diskettes 3%a" IBM compatr'ble, formatted, high density diskette-provided by ITD. Files are in ANSI format, not delimited and of a fixed width format. Large files cannot be put on diskettes. Zip Dlsk Iomega zip disk 100, provided by ITD. Large files cannot be put on zip disks. CD Provided by ITD. Large files cannot be put on CD's. Email Smaller files can be emailed. Email Address x SFTP Provide ITD with the following information: FTP Address: City would Igoe to pull from State's SFTP site User Name: merpolice Pass Word: dilbertl@dogbert Email Address: mtanner@meridiancity.org Exhibit A, Page 2 CONTRACT FOR PURCHASE OF RECORDS IN BULK Titles File Make selections: X_ VEHICLE YEAR(S) All `X MAKE(S) All _X~ BODY TYPE {S) All (See code sheet for body types) Select fields: _X MAKE X MODEL X VIN NO. X BODY X LENGTH TRANSACTION DATE X VEHICLE YR rX~,WIDTH ACTION TYPE X DESCRIPTION X_COLOR X NAME ~X_ADDRESS X_CITY ^X_STATE X ZIP CODE LIENHOLDER INFO {Name, address, city, st, zip) DEALER NUMBER OTHER (Specify) • Exhibit A, Page 3 BODY TYPES (CODE SHEET) Passeaeer Vehicles: 2D SEDAN, 2 DOOR 2H HATCHBACK,2DOOR 2T HARDTOP, 2 DOOR 4D SEDAN, 4 DOOR 4H HATCHBACK,4DOOR 4T HARDTOP, 4 DOOR AM AMBULANCE CH COACH CP COUPE CV CONVERTIBLE HB HATCHBACK HT HARDTOP SD SEDAN SW STATION WAGON Other Vehicles• HR HEARSE LM LIMOUSINE RD ROADSTER TO TOURING CAR otorc cles• MB MO ACTION-TYPE CODES CC, CM CORRECTION LC LIEN CHANGES DI DUPLICATE TITLE DT DUPLICATE 8c TRANSFER DM, DN DUPLICATE 8c NAME CHANGE DU DUPLICATE CHANGES NC NAME CHANGE NE NEW FROM MCO/MSO OS OUT OF STATE TF TRANSFER IDAHO TITLE (MCO =MANUFACTURER'S CERTIFICATE OF ORIGIN (MSO =MANUFACTURER'S STATEMENT OF ORIGIN THE FOLLOWING ARE TITLED ONLY WHEN PURCHASED NEW. (Since 1991) DUNEBUGGY, ATV OR SNOWMOBILE: EB REMOVABLE ENCLOSURE EN NONREMOVABLE ENCLOSURE MV MULTI-WHEELED DUNEBUGGY OP OPEN BODY DUNEBUGGY TORBIKE MC MOTORCYCLE MD MOPED MK MINIBIKE MS MOTORSCOOTER MV MULTI-WHEEL MY MINICYCLE Trucks: AM AMBULANCE BU BUS CB CHASSIS, CAB LL CARRY-ALL (RUGGED TRAIL PLEASURE VEHICLE) MH MOTORIZED HOME PK PICKUP PM PICKUP WITH MOUNTED CAMPER TT TOW TRUCK, WRECKER VC VAN CAMPER VN VAN WD WELL DRILLER Trailers• CT TRAVEL/CAMPING TRAILER HE HORSE TRAILER HS HOUSE TRAILER (Manufacttued/Mobile Home) State of Idaho Idaho Transportation Department CONTRACT FOR PURCHASE OF RECORDS IN BULK For Permissible Purposes Agreement Between Purchaser: (Name and Address) CITY OF MERIDIAN STATE OF IDAHO ATTENTION: CITY CLERK IDAHO TRANSPORTATION DEPARTMENT 33 EAST BROADWAY AVE P. O. BOX 7129 MERIDIAN, IDAHO 83642 BOISE, IDAHO 83707-1129 Specify names and addresses of subsidiazies, if any, that will be using data: INFORMATION TECHNOLOGY DEPARTMENT AND POLICE DEPARTMENT WHEREAS, Idaho law authorizes the Idaho Transportation Department (hereinafter the Deparhnent) to sell driver, vehicle, and related records individually and in bulk for specified permissible purposes; and WHEREAS, state and federal law, including the federal Driver's Privacy Protection Act of 1994 (PL 103-322; 1$ USC § 2721 et seq.) and Idaho's driver privacy protection legislation of 1997 (codified in § 49-203) extend privacy protection to personal information maintained in the files of state motor vehicle agencies from selling personal information in bulk for purposes of mazketing, solicitations, and certain surveys unless a state has first obtained express consent from each individual about whom listed personal information pertains; and WHEREAS, the State Legislature has refrained from enacting any express consent system for use in Idaho; and WHEREAS, Department Policy requires each prospective purchaser of records in bulk, before receiving any records, to execute a written purchase agreement or contract containing such safeguazds as the Department considers necessary or reasonable, to ensure that all information and records purchased aze used only for permissible purposes and that the rights of individuals and the Department aze protected; and WHEREAS, CITY OF MERIDIAN (hereinafter the Purchaser), desires to purchase driver, vehicle, and/or related records, including personal information, from the Department, IT IS AGREED, THEREFORE, that the Department shall sell and deliver to the Purchaser the records and information of the Department specified below, subject to the following terms and conditions: C~ 1 of 6 1. Records and Information Sold. The following copies of records and information of the Department are sold in bulk under this contractual agreement: X a. Motor Vehicle title records. (See attached exhibit "A") X b. Motor Vehicle registration records. (See attached exhibit "B'~ X a Commercial Vehicle registration records. (See attached exhibit "C'~ Frequency of Request. Single Request _X * Monthly update program for those items checked above, as available from the Department. * Quarterly update program for those items checked above, as available from the Department. *Requests for monthly and quarterly updates will receive the standard run with the first request, followed up updates; monthly or quarterly. 2. Certification of Permissible Uses. The Purchaser, by signing this agreement, hereby certifies compliance with all current provisions of the federal Driver's Privacy Protection Act of 1994, as amended by PL 106-69 (18 USC § 2721 et.sec.), with applicable Idaho driver privacy protection (Idaho Cade section 49-203} and with all other state and federal laws applicable to this agreement. The Purchaser further certifies that his/her/its use of the records and information purchased under this contract is for the following permissible purposes only, and for no other: _X_ a. GOVERNMENT: For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, state, or local agency in carrying out its functions. b. DRIVER OR VEHICLE SAFETY: For use in matters of motor vehicle or driver safety and theft; motor vehicle emissions, motor vehicle product alterations, recalls or advisories; performance monitoring of motor vehicles, motor vehicle parts, and dealers; motor vehicle market research activities, including survey research; and removal of non-owner records from the original records of motor vehicle manufacturers. c. BUSINESS ACTIVITIES: For use in the normal course of business by a legitimate business or its agents, employees or contractors, but only: (i) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees or contractors; and (ii) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purpose of preventing fraud by pursuing legal remedies against, or recovering on a debt or security interest against, the individual. 2 of 6 d. COURT PROCEEDINGS: For use in connection with any civil, criminal, administrative or azbitral proceeding in any federal, state or local court or agency or before any self- regulatory body, including the services of process, investigation, and anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state or local court. e. RESEARCH: For use in research activities, and for use in producing statistical reports. Name and address will not be released for research purposes. f. INSURANCE: For use by any insurer or insurance support organization, or by a self- insured entity, or its agents, employees or contractors, in connection with claims investigation activities, rating or underwriting. g. TOWEDlINN1POUNDED VEHICLES: For use in providing notice to the owners of towed or impounded vehicles. h. INVESTIGATION: For use by any licensed private investigative agency or licensed security service for any purpose permitted under the provisions of title 49, Idaho Code. i. EMPLOYER INFORMATION: For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 USC 31101 et seq.). j. PUBLIC SAFETY /VEHICLE OPERATION: For any other use specifically authorized under Idaho Code, if such use is related to public safety or the operation of a motor vehicle. k. TRANSPORTATION FACILITIES: For use in connection with the operation of private toll transportation facilities, including companies that operate parking facilities for the purpose of providing notice to the owners of vehicles who have used the facility. It is expressly understood that the Purchaser may NOT sell or fiu~ish personal information obtained under this agreement to third parties without the expressed written consent of the Department. After obtaining written permission from the Department, the Purchaser understands that he/she/it may not furnish personal information purchased under this agreement to any third party unless the third party certifies that his/her/its intended use of the information is for a use other than for marketing, solicitations, or non-motor vehicle market research surveys. The Purchaser further understands that violating this paragraph is grounds for immediate termination of this agreement under Paragraph 12. 3 of 6 .~ 4. Acknowledgment and Disclaimer. The Purchaser acknowledges that the Department is furnishing records and information "as is" and makes no representation or warranty as to the accuracy of any record or the information furnished. The Department expressly disclaims responsibility for any failure to deliver records or information in a timely manner, or at all, in the event of staff shortages, failures of appropriations, breakdowns of equipment, compliance with new or amended laws, acts of authority exercised by a public official, acts of God, or other circumstances which may delay or preclude fiunishing records and information in a timely fashion. If records and information are not furnished and the Purchaser has remitted a deposit, the Department shall refund the deposit. The Department has no further responsibility or liability to the Purchaser with respect to undelivered records and information and has no liability or responsibility whatsoever for delayed records and information. 5. Consumer Protection. The Purchaser agrees that the records and information furnished under this agreement shall not be used to engage in any method, act, or practice which is unfair or deceptive, nor shall they be used for mazketing or solicitations, or surveys not authorized by law. 6. Access to Information in Bulk. The Purchaser agrees that no member of the public or any person outside the direct employ or control of the Purchaser shall be allowed direct access to records and information furnished to the Purchaser under this agreement for any reason other than the Purchaser's intended and legitimate use of the records and information. 7. Record Creation and Retention, and Removal of Names. If the Purchaser resells or re-discloses any of the information or records purchased under this agreement to a third party, subject to the limitations contained in paragraph 2 above, the Purchaser agrees to create records identifying each such person or entity who obtained personal information from the Purchaser and the legally permissible purpose for which the record or information was obtained. The Purchaser shall retain the records of identification and purpose for a period of not less than five (5) years following transfer of the information and/or records to the third party. 4 of 6 8. Inspection of Records. If the Purchaser resells or re-discloses any of the information or records purchased under this agreement to a third party, the Purchaser shall permit a representative or agent of the Department, upon request, to inspect and copy records identifying each person or entity who obtained personal information from the Purchaser and the permissible purpose for which it was obtained. The Purchaser understand that the Department's may exercise its reserved right to insert control records into bulk records and information furnished, as an independent means of identifying any entities to whom the Purchaser may have improperly resold or re-disclosed records and information under this agreement or if any inappropriate use has occurred. The Purchaser shall bear the expenses of one inspection during the period of this agreement. For purposes of this paragraph, expenses include staff time and travel costs, including meals and lodging. 9. Assignability. The Purchaser may not assign, license, or transfer any of its rights, duties, and obligations under this agreement without the prior written consent of the Department. 10. Effective Date and Renewals. This agreement shall take effect when signed and dated by the Department's representative. The agreement is subject to continuous annual renewals if both parties agree. 11. Cancellation. Either party may cancel this agreement for any reason by giving the other party written notice of cancellation at least thirty (30) days prior to cancellation. If a party elects to cancel this agreement, all unfulfilled obligations, including the obligation to pay for copies received, shall remain in force. 12. Termination. The Department may terminate this agreement immediately for cause, including for failure to remit charges due in a timely fashion or for inappropriate use of data, such as use for marketing or solicitations, by giving the Purchaser written notice of termination. The Purchaser acknowledges that if this agreement is terminated for cause, the Department may refuse to provide records and information in bulk for five (5) years. 13. Amendments. The Purchaser acknowledges that the Department may amend the terms and conditions of this agreement from time to time in order to accommodate changes in the records or information furnished under this agreement and for other reasons deemed appropriate by the Department. The Department agrees to notify the Purchaser in writing of the content of any amendment. C7 5 of 6 14. Indemnification. The Purchaser agrees to indemnify and save harmless the State of Idaho and the Department, and any of their officers, agents, or employees, with respect to any claims asserted against them under the federal Driver's Privacy Protection Act of 1994, as amended (18 USC § 2721 et seq.), Idaho's driver privacy protection legislation (Idaho Cade section 49-203, as amended), and other state or federal law pertaining to this agreement, for any act or omission attributable to the Purchaser, its officers, agents, and employees, and others who obtain information from the Purchaser. 15. Governing Law and Jurisdiction. This agreement shall be construed in accordance with the laws of the State of Idaho. The Purchaser agrees that any dispute which arises under this agreement and cannot be amicably resolved by the parties shall be submitted to a court of competent jurisdiction in the State of Idaho, Ada County, to which jurisdiction the Purchaser hereby submits. 16. Signatory Authority. The signatories hereby certify that they are authorized by their respective parties to execute this agreement as party representatives and to bind their respective principals hereto. IN WITNESS WHEREOF the representatives of the parties have affixed their signatures on the dates as written below. PURC (sign) STATE OF IDAHO Representative MAYO TAMMY DE WEERD ~ Qgr~ i C_ T1-/yMasy/_~ e= ev~vc~~t r ST NAME AND TITLE (Printed) ~,~ ~ ° `~'^ c~ ~ "' t~ ~N ~ a~ 1 I - ~~- c~1 DATE DATE Appr vat eputy Attorney General dof6 Exhibit B, Pagel CONTRACT FOR PURCHASE OF RECORDS IN BULK VEHICLE REGISTRATIONS November 10, 2009 REQUESTER: Name CITY OF MERIDIAN Address INFORMATION TECHNOLOGY DEPARTMENT 33 EAST BROADWAY AVENUE MERIDIAN, IDAHO 83642 Telephone 208-489-0505 FAX Number 208-489-0494 Person to Contact MII~E TANNER Email address mtanner@meridiancity.org FEDERAL EMPLOYER ID 82-6000225 (Requests cannot be started without this number.) VISA/Master Cazd n/a Account # Exp Date Cazd Holder Signature n/a N e of Card Holder ed or rinted n/a am ~tyP P ) REPORT FORMAT: (Diskettes, CD's. and Zip Disks will be provided by ITD.) For added security, all data sent from ITD will be zipped and encrypted, using WINZIP9.0. Print out Diskettes 3'/z' IBM compatible, formatted, high density diskette-provided by ITD. Files are in an ANSI format, not delimited and of a fixed width format. Large files cannot be put on diskettes. Zip D1sk Iomega zip disk 100, provided by ITD. Large files cannot be put on zip disks. CD CD will be provided by ITD. Large files cannot be put on CD's. Email Smaller files can be emailed. Email Address x SFTP Provide ITD with the following infornnrbion: FTP Address: City would like to puU from State's SFTP site User Name: merpolice Pass Word: dilbertl@dogbert Email Address: mtanner@meridiancity.org Exhibit B, Page 2 IDAHO TRANSPORTATION DEPARTMENT Computer Flles Information Vehicle Registratlon FYIe November 10, 2009 Make selections below: x VEHICLE YEAR(S) x MAKE(S) x MODEL(S) OTHER COUNTY OF RESIDENCE _x ALL COUNTIES or make selections: 01= ADA 02 =ADAMS 03 = BANNOCK _ 04 =BEAR LAKE OS = BENEWAH 06 = BINGHAM 07 = BLAINE 08 =BOISE 09 = BONNER 10 = BONNEVILLE 11 =BOUNDARY 12 =BUTTE 13 =CAMAS 14 =CANYON 15 =CARIBOU 16 =CASSIA 17 =CLARK 18 = CLEARWATER 19 = CUSTER 20 = ELMORE 21=FRANKLIN 22 = FREMONT 23 =GEM 24 = GOODING 25 =IDAHO 26 =JEFFERSON 27 = JEROME 28 = KOOTENAI 29 = LATAH 30 = LEMHI 31= LEWIS 32 =LINCOLN - 33 =MADISON 34 = MINIDOKA 35 = NEZ PERCE 36 = ONEIDA _ 37 = OWYHEE 38 = PAYETTE 39 =POWER 40 = SHOSHONE 41 = TETON 42 =TWIN FALLS 43 =VALLEY 44 =WASHINGTON 45 = HEADQRTRS Make Selections of Ffelds Needed: (a!I) Registration Type Model Color Vehicle Year Bogy Vin Number Issue Date (Mo, Da, Yr) Expire Date (Mo, & Yr) Name Address State Zip Code Other (Specify) all Make Description License Plate # Issue County City State of Idaho Idaho Transportation Department CONTRACT FOR PURCHASE OF RECORDS lIN BULK Far Permissible Purposes Agreement Between Purchaser: (Name and Address) CITY OF MERIDIAN STATE OF IDAHO ATTENTION: CITY CLERK IDAHO TRANSPORTATION DEPARTMENT 33 EAST BROADWAY AVE P. O. BOX 7129 MERIDIAN, IDAHO 83642 BOISE, IDAHO 83707-1129 Specify names and addresses of subsidiaries, if any, that will be using data: INFORMATION TECHNOLOGY DEPARTMENT AND POLICE DEPARTMENT WHEREAS, Idaho law authorizes the Idaho Transportation Department (hereinafter the Department) to sell driver, vehicle, and related records individually and in bulk for specified permissible purposes; and WHEREAS, state and federal law, including the federal Driver's Privacy Protection Act of 1994 (PL 103-322; 18 USC § 2721 et seq.) and Idaho's driver privacy protection legislation of 1997 (codified in § 49-203) extend privacy protection to personal information maintained in the files of state motor vehicle agencies from selling personal information in bulk for purposes of marketing, solicitations, and certain surveys unless a state has first obtained express consent from each individual about whom listed personal information pertains; and WHEREAS, the State Legislature has refrained from enacting any express consent system for use in Idaho; and WHEREAS, Department Policy requires each prospective purchaser of records in bulk, before ,receiving any records, to execute a written purchase agreement or contract containing such safeguards as the Department considers necessary or reasonable, to ensure that all information and records purchased are used only for permissible purposes and that the rights of individuals and the Department are protected; and WHEREAS, CITY OF MERIDIAN (hereinafter the Purchaser), desires to purchase driver, vehicle, and/or related records, including personal information, from the Department, IT IS AGREED, THEREFORE, that the Department shall sell and deliver to the Purchaser the records and information of the Department specified below, subject to the following terms and conditions: • 1 of 6 ~. 1. Records and Information Sold. The following copies of records and information of the De artment are sold in bulk under P this contractual agreement: a. Motor Vehicle title records. (See attached exhibit "A'~ b. Motor Vehicle registration records. (See attached exhibit "B'~ X c. Commercial Vehicle registration records. (See attached exhibit "C'~ Frequency of Request. Single Request _X_* Monthly update program for those items checked above, as available from the Department. '~ Quarterly update program for those items checked above, as available from the Department. *Requests for monthly and quarterly updates will receive the standard run with the first request, followed up updates; monthly or quarterly. 2. Certification of Permissible Uses. The Purchaser, by signing this agreement, hereby certifies compliance with all current provisions of the federal Driver's Privacy Protection Act of 1994, as amended by PL 106-69 (18 USC § 2721 et.sec.), with applicable Idaho driver privacy protection (Idaho Code section 49-203) and with all other state and federal laws applicable to this agreement. The Purchaser further certifies that his/her/its use of the records and information purchased under this contract is for the following permissible purposes only, and for no other: _X_ a. GOVERNMENT: For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, state, or local agency in carrying out its functions. b. DRIVER OR VEHICLE SAFETY: For use in matters of motor vehicle or driver safety and theft; motor vehicle emissions, motor. vehicle product alterations, recalls or advisories; performance monitoring of motor vehicles, motor vehicle parts, and dealers; motor vehicle market research activities, including survey research; and removal of non-owner records from the original records of motor vehicle manufacturers. c. BUSINESS ACTIVITIES: For use in the normal course of business by a legitimate business or its agents, employees or contractors, but only: . (i) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees or contractors; and (ii) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purpose of preventing fraud by pursuing legal remedies against, or recovering on a debt or security interest against, the individual. 2 of 6 COURT PROCEEDINGS: For use in connection with any civil, criminal, d. administrative or arbitral proceeding in any federal, state or local court or agency or before any self- regulatory body, including the services of process, investigation, and anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state or local court. e. RESEARCIi: For use in research activities, and for use in producing statistical reports. Name and address will not be released for research purposes. f. INSURANCE: For use by any insurer or insurance support organization, or by a self- insured entity, or its agents, employees or contractors, in connection with claims investigation activities, rating or underwriting. g. TOWED/IMPOUNDED VEffiCLES: For use in providing notice to the owners of towed or impounded vehicles. h. IIWESTIGATION: For use by any licensed private investigative agency or licensed security service for any purpose permitted under the provisions of title 49, Idaho Code. i. EMPLOYER INFORMATION: For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 USC 31101 et seq.). j. PUBLIC SAFETY_ /VEffiCLE OPERATION: For any other use specifically authorized under Idaho Code, if such use is related to public safety or the operation of a motor vehicle. k. TRANSPORTATION FACII.ITIES: For use in connection with the operation of private toll transportation facilities, including companies that operate parking facilities for the purpose of providing notice to the owners of vehicles who have used the facility. It is expressly understood that the Purchaser may NOT sell or furnish personal information obtained under this agreement to third parties without the expressed written consent of the Department. After obtaining written permission from the Department, the Purchaser understands that he/she/it may not furnish personal information purchased under this agreement to any third party unless the third party certifies that his/her/its intended use of the information is for a use other than for marketing, solicitations, or non-motor vehicle market research surveys. The Purchaser fiuther understands that violating this paragraph is grounds for immediate termination of this agreement under Paragraph 12. • 3 of 6 4. Acknowledgment and Disclaimer. The Purchaser acknowledges that the Department is furnishing records and information "as is" and makes ao representation or wanauty as to the accuracy of any record or the information furnished. The Department expressly disclaims responsibility for any failure to deliver records or information in a timely manner, or at all, in the event of staff shortages, failures of appropriations, breakdowns of equipment, compliance with new or amended laws, acts of authority exercised by a public official, acts of God, or other circumstances which may delay or preclude furnishing records and information in a timely fashion. If records and information aze not fiunished and the Purchaser has remitted. a deposit, the Department shall refund the deposit. The Department has no further responsibility or liability to the Purchaser with respect to undelivered records and information and has no liability or responsibility whatsoever for delayed records and information. 5. Consumer Protection. The Purchaser agrees that the records and information furnished under this agreement shall not be used to engage in any method, act, or practice which is unfair or deceptive, nor shall they be used for mazketing or solicitations, or surveys not authorized by law. 6. Access to Information in Bulk. The Purchaser agrees that no member of the public or any person outside the direct employ or control of the Purchaser shall be allowed direct access to records and information furnished to the Purchaser under this agreement for any reason other than the Purchaser's intended and legitimate use of the records and information. 7. Record Creation and Retention, and Removal of Names. If the Purchaser resells or re-discloses any of the information or records purchased under this agreement to a third party, subject to the limitations contained in paragraph 2 above, the Purchaser agrees to create records identifying each such person or entity who obtained personal information from the Purchaser and the legally permissible purpose for which the record or information was obtained. The Purchaser shall retain the records of identification and purpose for a period of not less than five (5) years following transfer of the information and/or records to the third party. 4of6 8. Inspection of Records. If the Purchaser resells or re-discloses any of the information or records purchased under this agreement to a third party, the Purchaser shall permit a representative or agent of the Department, upon request, to inspect and copy records identifying each person or entity who obtained personal information from the Purchaser and the permissible purpose for which it was obtained. The Purchaser understand that the Department's may exercise its reserved right to insert control records into bulk records and information furnished, as an independent means of identifying any entities to whom the Purchaser may have improperly resold or re-disclosed records and information under this agreement or if any inappropriate use has occurred. The Purchaser shall bear the expenses of one inspection during the period of this agreement. For purposes of this paragraph, expenses include staff time and travel costs, including meals and lodging. 9. Assignability. The Purchaser may not assign, license, or transfer any of its rights, duties, and obligations under this agreement without the prior written consent of the Department. 10. Effective Date and Renewals. This agreement shall take effect when signed and dated by the Department's representative. The agreement is subject to continuous annual renewals if both parties agree. 1 n lla 'o . 1. Ca ce h n Either party may cancel this agreement for any reason by giving the other party written notice of cancellation at least thirty (30) days prior to cancellation. If a party elects to cancel this agreement, all unfulfilled obligations, including the obligation to pay for copies received, shall remain in force. 12. Termination. The Department may terminate this agreement immediately for cause, including for failure to remit charges due in a timely fashion or for inappropriate use of data, such as use for marketing or solicitations, by giving the Purchaser written notice of termination The Purchaser acknowledges that if this agreement is terminated for cause, the Department may refuse to provide records and information in bulk for five (5) years. 13. Amendments. The Purchaser acknowledges that the Department may amend the terms and conditions of this agreement from time to time in order to accommodate changes in the records or information furnished under this agreement and for other reasons deemed appropriate by the Department. The Department agrees to notify the Purchaser in writing of the content of any amendment. 5 of 6 a 14. Indemnification. The Purchaser agrees to indemnify and save harmless the State of Idaho and the Department, and any of their officers, agents, or employees, with respect to any claims asserted against them under the federal Driver's Privacy Protection Act of 1994, as amended (18 USC § 2721 et seq.), Idaho's driver privacy protection legislation (Idaho Code section 49-203, as amended), and other state or federal law pertaining to this agreement, for any act or omission attributable to the Purchaser, its officers, agents, and employees, and others who obtain information from the Purchaser. 15. Governing Law and Jurisdiction. This agreement shall be construed in accordance with the laws of the State of Idaho. The Purchaser agrees that any dispute which arises under this agreement and cannot be amicably resolved by the parties shall be submitted to a court of competent jurisdiction in the State of Idaho, Ada County, to which jurisdiction the Purchaser hereby submits. 16. Signatory Authority. The signatories hereby certify that they are authorized. by their respective parties to execute this agreement as party representatives and to bind their respective principals hereto. IN WITNESS WHEREOF the representatives of the parties have affixed their signatures on the dates as written below. ~ ~ ,, ~ ~~ PURCHA (sign) MAYOR DE WEERD ..- .~ ~.~ STATE OF IDAHO Representative lZob'F..~ i c. , TNvM~.So.~~ Ec~.vo.~1 ~ ST NAME AND TITLE (Printed) F°Z odvr,c.a5 w. ~~ ~~o,-~ is - rs -~_~~::~~,,,,,, DATE ..~~y v` ..~,~q ~'. ~, ccQ s ATTEST = ~~'~ ~ 9 aj~ ~ ~ ~--• 4. ~ _ . ~0 _..~ Holman, • DATE Appr vat eputy Attorney General 6of6 Exhibit C, Page 1 CONTRACT FOR PURCHASE OF RECORDS IN BULK COMMERCIAL FII,E December 10, 2009 REQUESTER: Name CITY OF MERIDIAN Address INFORMATION TECHNOLOGY DEPARTMENT 33 EAST BROADWAY AVENUE MERIDIAN, IDAHO 83642 Telephone 20889-0505 FAX Number 208-489-0494 Person to Contact MII~E TANNER Email address mtanner@meridiancity.org FEDERAL EMPLOYER ID 82-6000225 (Requests cannot be started without this number.) VISA/Master Card n/a Account # Exp Date Card Holder Signature n/a Name of Card Holder (typed or printed) n/a REPORT FORMAT: (CD's will be provided by ITD.) For added security, all data sent from ITD will be zipped and encrypted, using WINZIP9.0. Print out C D Provided by ITD. Large files cannot be put on CD's. Emailed Smaller files can be emailed. Email Address x SFTP Provide ITD with the following information: FTP Address: City would 1~7ce to pull from State's SFTP site User Name: merpolice Pass Word: dilbertl@dogbert Email Address: mtanner@meridiancity.org Exhibit C, Paget • Make selections below: ){_ MAgE(S) Alt X VEHICLE YEAR(S) All Computer Files Information Commercial Vehicle File BASE STATE X All Idaho Based Non-Idaho Based VEHICLE TYPE X ALL Tractor +_ Mobile Home Toter Utility Trailer _ Bus _ Truck & Tractor Full Trailer Truck Road Tractor ____. Semi-trailer Indicate fields needed: _X_ Carrier Class _X_ Make X Fuel _X Address _,7C Zip Code X_Bese State X Vehicle Year X Vehicle Axle X Vehicle Type X_Weigttt X Carrier Name X City X_ State Other (Sp~ify) Commodities are not longer entered on onr Commercial Vehicle File. CODE TABLES CARRIER FLAG F =FULL FEE POWER T =FULL FEE TRAILER E =FULL FEE FLEET POWER B =FULL FEE TRAILER I = IRP POWER L = IRP TRAILER OPERATION TYPE P =PRIVATE E =EXEMPT F =FARM I=INTERSTATE H =INTERSTATE FOR HIRE ~IFIICLE TYPE BS =BUS TK =TRUCK TR =TRACTOR TT =TRUCK & TRACTOR PC =PASSENGER CAR MT =MOBILE HOME TOTER IET =FULL TRAILER ST =SEMI-TRAILER UT =UTILITY TRAILER MERIDIAN CITY COUNCIL MEETING December 15, 2009 APPLICANT ITEM NO. SE REQUEST Task Order # 10145 with Civil Survey Consultants, Inc. in Accordance with Master Agreement Dated November 14, 2006, for Engineering Consulting Services in Conjunction with the Eagle/Victory Rd Intersection Utility Improvements Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS DEPT: See Aftached CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Je'~ ~`~~ Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~ ~~i~E IDIAN~- ~b~£ tGANO ~iTorks D~paYt~e~t TO: Mayor Tammy de Weerd Members of the City Council FROM: Brent A. Blake, Sr. Engine~rin~ Technician.ll DATE: 12103/2009 MayarTammy de Weerd City Council Members: Keith Btrd Brad Hoaglun Charles Rountree David Zaremba SUBJECT: TASK ORDER.#10145 WITH-CIVIL SURVEY CQNSULTANTS,INC. (MASTER. AGREEMENT DATED 11-14-2Q06), FUR ENGllVEERING CONSULTING SERVIC.T~S )IN CON.iUNCTION V~'ITH THE. EAGLE/VICTORY ROAD INTERSECTION UTILITY TMPROWEIViENTS PROJECT FfJR A NOT TO EXCEED AMOUNT OF 11,905.00 DOLLARS. (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. it+Iove to: 1. Approve task order #10145 with Civil Surrey Consultants, inc. for engineering services for n not to exceed amount of T C;90S dollars. 2. Authori2e.the Mayor to sign the,task.order. It. DEPARTMENT'CONTACT PERSONS Brent Blake, Engineering Technician fl (Project Mane~ger) 4$9-1349 Kyle Radek, Asst. City Engineer 4$9-1.343 Warren Stewart, PW Engineering Manager 489-1350 Tom Barry, DirectorafPublic Works 489-1372 • Page 1 ajz Ili. DESGRIP3'I©N A. BacksrQuad. The City of Meridian periodically implem®nts utility upgrade projects in conjunction with Ada. County Highway District (ACRD) roadway projects. In 2004 the City of Meridian contracted with Civil .Survey Consultants, inc. far design services related to the Eagle/Victory Intersection Utility Improvements project. However, in 2006 ACRD put the construction phase of the project out for bid and ultimat®ly rejected alE bids due to the inflated bid amounts. However, ACRD is now ready to rrrove forward and put the construction phase.of the project out for bid. again. Since 2006, there .have been many revisions to the City of Meridian, ACH. D, and the Idaho$tandards for Public WgrksCottstruction (ISPWC) specifications. These revisions have made it necessary to update the original plans and specifications. B. P,gr ,posed Project The scope of services in the attached task order will include revamping the 2004 plans to adhere to the current City of Meridian, ACRD, and.ISP1NC specifications. 1V. IMPACT A. Strategic [mpaet: This project will meet our mission requitement. of indentifying and prioritizing work to anticipate, Plan and provide- public scrvices/~cilities that support the needs of our growing community. This project will also ensure that we are prepared to build modern reliable facilities while maintaining financial-stewardship. B. ~ervice/Delivery im~aot: This task order will .guarantee that we (Public Works Department) are prepared to construct sewer and water utilities in conjunction with the ACRD project entitled EagteNictory Intersection, C. Project Costs Consultant Agreement $.I 1,905.00 D. Project Funding Remaining Unobligated Enterprise Fund for Water C;ine Extensions $205,000.00 V. I.)fST.OF ATTACHMENTS A. Task. Order # (O i45 ,.~ / f~ 1 Approved for Council Agenda: 7'0 D$te Page 1 ojZ TASK ORDER N4.1:0145 CITY OF 1VIERIDIAN (01~VNER) .AND CIVIL SURVEY CONSCJLTANTS INC. (ENGINEER) This Task Orderts issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants, and conditions contained in the Agreement between the above named parties da#ed 1~Jovember 8, 2006. CITY OF MERltDIA;N EAGLE RCiAD (RiDENBAUGI~ CANAL TO'VICTORY ROAD) AND EAGLE ROAD AND VICTORY I20AD INTERSECTION UTILITY IMI'R.OVEMENTS PURPOSE The Engineer's scope of services, time of completion, and compensation shalt be as set forth herein. Services shall generally be described as Engineering Consulting Services. TASK 10145 -DESIGN AND CONSTRUCTION Per the City's request, the Engineer will provide-professional engineering services related to the design of utility improvements to be constructed in conjunction with Ada County Highway District Project No. 505043 RD203~I7 and Project No. 303U141N277. In 2006 ACHD put these two projects out to b[d and based on the xesults ACHD rejected all bids and shelved-the projects. ACRD is now preparing new bid documents and planning tv rebid the projects. The Engineer previously completed City oflVleridian utility improvement construction plans and specifications that were included in ACHD's 2005 bid package. One -set: of plans and specifications were prepared. for each project. This scope of services will include wozk required to make any required revisions to the plans.and to update each. set. of plans to meet current ISP'WC, ACHD, and City of Meridian Standards. 'fhe Engineer will send a letter to adjacent property owners and offer them the chance to obtain a waterservice per current city policy. City staff will assist in identifying witch property owners will receive letters. • 1 of 3 The Engineer wiYl prepae one set of construction plans, special provisions, bid schedule, and construction estimate far each project. It will. be the. City's .responsibility to negotiate and execute the Joint Effort- Agreement for construction. with ACHD. It is anticipated that it will be necessary to:obtain a License Agreerrient with Boise Project Board of Control to extend the water main in Victory Road under the McDonald Lateral. Engineer will submit plans to Boise Project and coordinate execution of the agreement. The Engineer°s scope of services is as follows: Task l -Design 114~ater and Sewer System Improvements. 1.1 Review previous design. 1.2 Update plans to include revisions to ACHD plans:. l.3 Revise utility improvements per city requests. 1.4 Coordination with property owners. 1.5 Coordination with ,R1CHD. l.ti 13dise Project License Agreement. Task 2 -Construction Document Preparation, and Review 2.1 Develop plans and specifications and bid:schedule that-meet u e rrent design standards and standard specifications of the. City and ISPVVk~C. 2.2 Submit plans to ACHD for review and:approval prior to construction. ~,3 Submit 2 full size physical uapies of ACI-ID's 99%plans and. tt~e special .provisions to City Engineering for review and QLP,B, Engineer to revise plans as necessary. 2,4 Prepare final construction documents with inclusion of any addenda from the. bidding phase and provide-one physical copy for City's use .and 10 physical copies -for contractor's use. Task 3 -Construction Services 3.1 Provide one set of construction statics for the new water services and the new water main in Victory Road east of Eagle Road. 3.2 Attend pre-construction meeting: 3.3 Answer any RFI's from the contractor about the design. • 2 of 3 3.4 Prepaze record drawings meeting the City of Meridian Acceptance of Record/Electronic Drawings, dated August 26, 2009. Task 4 -Administration 4.1 This task includes duties associated with setting up the contract and submitting monthly invoices. TIlVIE OF COMPLETION Engineering services will be completed as needed to construct improvements in conjunction with ACHD Project No. 505043 ItD203-17 and Project No. 303014 IN277. COMPENSATION The Not-To-Exceed amount for this Task Order No. 10145 is Eleven Thousand Nine Hundred Five dollars ($11,905). The hourly raze for services and direct expenses is per the previously approved Prevailing Fee Schedule effective October 1, 2006, and by reference made part hereof. CITY OF MERIDIAN ENGINEER B ~~'%'~+~ BY: e WEEIZD, ` MAY ```````~,ti~~uurrrrrr~~~ ~~i Attest: `~~~~•~ ~~,1 O~'~y''%~~ ~°T~o _ ' ~ AY E HOLMAN ~~i._ ~l'f, a ~.. ~ ..~`~ Approved by City Council:, • 3 of 3 • Man-Hour And Fee Estimate City of Meridian Eagle Road: UtFlty Improvements • • Task Descripfion Projeca Marta er Chief of Sure PrbjeCt En irrear Design En ineer 1 Technidan I GPS Total Hours Task Cost Task 1 - Deal n Irr1 rovenients 1.1 Review Previous ty . ' n 1;2 U ate' . ACRD Revisions 4 8 4 8.. $340.00. $880.00 1'.3 Revise r Cf R nests 8 8 $680.0 1.4 Rro a ,Owner CoocdinaEion 4 4 $340.00 1.5 Codrdmalion with ACRD 4 4 $340.00. 1;B License A reement 8 8 $510.00 Task 2 - Riap Pr aradgn & Rt3view 2.1 Plans end ficat~ns 2:2 ACWD Review and A val 18 2 18 2 $1,380:00 $170:00 23 Deli 'n Review and royal $ r3 $880.00 2.4 Final'CpnsUUCtion Dflcument& 4 4 $340.00 Task 3 - CortstwcUon SeFVlces 3.1 ConttrucUatt Stakirt 32 PreconstrircUon MeeUn 2 18 16 32 2 .$1,780:00 .$170.00 3.3 RFLQuesUons 3 3 $255.00 3.4 Record Drawin s 12 8 8 2B $1.9p0.00 Task 4 - AdministraUon $0.00 4.1 Contrapt end Invoices ti 8 $880.00 Total Man-Hours 0 0 0 89 24 24 137 $10,205.00 CI~ss6icetitin. Mours mate Total Pr ed Mona er 0.00 1.05:00 $0.00 Chief of Sure 0.00 $105.00 $0.00 Proe4tE ineer 0.00 95.00 $0.00. Deal . F.n sneer 1 89.00 5: $7,565,00 Des' nlSurve Technician l :24:00 $70.00 $1,88 :00 Labor Subtotal 113.00 $ . 245A0 Clessifi~Uan HrsMliles Rale Total Misc. PtinUn $200,00 GPS 24.00 $40:QQ .00 License reement Fees :81,300.00 Direct Subtotal $ .880,00 Subtotal $11,905.Q0 Total Estimated Fags $11,905.00 iaskorder10145.x1s MERIDIAN CITY COUNCIL MEETING December 15, 2009 APPLICANT ITEM NO. 6A REQUEST Presentation of Citizen Hero Appreciation Certificates AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MAYOR'S DEPT: See Attached CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meeflngs shall become property of the Cify of Meridian. MERIDIAN CITY COUNCIL MEETING APPLICANT December 15, 2009 ITEM NO. 6B REQUEST Presentation on Master Street Map and Transportation and Land Use Integration Plan Coordination with the Ada County Highway District Update; Discuss Draft Master Street Map and Implementaion Strategy AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MAYOR'S DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Attached Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. December 10, 2009 MEMORANDUM TO: Tammy de Weerd, Mayor Meridian City Council FROM: Caleb Hood, Planning Manager CC: Meridian City Clerk RE: Presentation on Master Street Map and TLIP Status Update Agenda Item for December 15, 2009 City Council Workshop ACRD has drafted, with input from land use agencies, a Master Street Map for Ada County. During your December 15~' workshop, ACRD and City Staff would like to present the Master Street Map and explain how this map will be used. The Master Street Map (MSM) is a tool within the Transportation and Land Use Integration Plan (TLIP) arsenal. The MSM is intended to capture information about future roadway characteristics. It includes information about where collectors and arterials are envisioned, what types of features or complete street amenities (parking, landscape medians, etc.) are envisioned for a roadway, and what type of land uses are anticipated adjacent. Part of the MSM is a spreadsheet that details the segment typologies and explains both existing and planned characteristics of each arterial roadway in the City. The MSM is designed to work in close conjunction with the Livable Streets Design Guide, ACHD's policies (including cost share) and planning (CIP, FYWP, development review etc.), and the City's Comprehensive Plan. It is intended for use by staff members at land use agencies and transportation agencies at both the development review stage and project development stage. The Master Street Map is not intended to be a regulatory document but rather a planning tool that informs ACRD and its partner agencies about what is envisioned for arterial roadway sections. In summary the three primary functions of the Master Street Map are as follows: • Define a shared vision of the future roadway network between ACRD and its partner agencies based on approved Comprehensive Plans • Establish a county wide right-of--way preservation map • Establish an existing and future collector network map Attached to this memo is 1) the Master Street Map, 2) a spreadsheet that details the street sections shown on the map, and 3) a draft procedural document that outlines the Maps purpose, elements and amendment procedures (NOTE: I will also be placing color copies of these documents in you mail box -they are difficult to read as part of a Word document, but give you an idea of what we will be presenting.) Staff members from ACRD and the City will present these documents, discuss an implementation plan, and answer any question during the December 15`f' workshop. 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IMILt lpu qp S M{P ~IerNIU~P~:fe~geN 11 M¢EAO IMli3 T6ti WI® " "T 80 AP ] 4T 4nhNOTT-Cwcmrn~. : ~• leee.T m l'wi. k'n~.v~ ov ~ l - 5 acrn imi ~ A t~0.50 Nt 1 W 5 T u 5 A- i '.6 S 40 ~5~ mi 1 S S PI eL t 5u USU 6 B6 uw Pah.rrv'~Cm.myti t Uiix?fm J M ~8 of x t ~ s n Td t wvua.,,m earl..,,,, ~ Y.f10'.5'6D Pii 2 MP ! >S Td eem~Cm Sr ,Ileimm ~fmm~nII60,61 vil6'/RU PA i '.181^ t Ti ld TnuNWrNme1 -etmShc~n feevva.ST NS1 fTlUn'FD API t 181` 1 >S Td Mn~6i+T fIW/MPReev PaUmTS(a1Ygp1e1 '4 v6WYRO. AB .If4r i. Pb :'::76 SAM - l .q ~1 '.v,+3 YC16RY~ v:. w M dK ':'. 1 1 14P > ! ,.: > 13 W '' 1aW!?WIAm1 1NM MtipSnTf... 'pAt •y~65 N6l vCiO¢Y C6 AP i _ MP NPN d ! >b M la 98"' fuMtler~ TruaOalallm S T 'edelWtin Draft Procedural Document Draft: aster Street a P oe an Amendment Proce rs [12/8/09) Se~ti®n ~: Purpose ®f the aster Street ap The ACHD Master Street Map is a planning tool that works in concert with ACHD's partner agencies comprehensive plans. The Master Street Map creates a shared vision between ACHD and its partner agencies by capturing information about future roadway characteristics based on land use plans and transportation goals. Portions of the Master Street Map can be used to comply with Idaho State Statute 67-6508 which describes local land use agencies responsibility to include transportation analysis in the comprehensive planning process. The information captured in the Master Street Map shall be used by ACHD as input into the scoping and conceptual design of roadway projects; and in the development process as a guide forright-of--way acquisition, collector street requirements, and specific roadway features required through development. In no way do the features and dimensions adopted in the Master Street Map constitute final design decisions for ACHD's capital projects or create entitlement for development approvals. All final decisions will be made through the ACHD project development process or the official development review process. The Master Street Map along with the Livable Street Design Guide and Cost Share Policies and Procedures establish a planning framework for ACHD to interact with its partner agencies. To be effective the Master Street Map should be adopted by ACHD and its partner agencies. If a jurisdiction chooses not to adopt or provide input into the Master Street Map then ACHD standard policies and procedures will apply. The Master Street Map is not intended to be a regulatory document but rather a planning tool that informs the decision making process of ACHD and its partner agencies. In summary the three primary functions of the Master Street Map are as follows: • Define a shared vision of the future roadway network between ACHD and its partner agencies based on approved Comprehensive Plans • Establish a county wide right-of-way preservation map • Establish an existing and future collector network map Se~ti®n 2: Ele ants ® a aster Street ap The Master Street Map consists of two main components. The first component is a map depicting roadway typologies (described in the Livable Street Design Guide), street codes, and existing and proposed collector streets. The second component is a spreadsheet that contains detailed information about each street segment identified on the map. Master Street Map Elements Street Code -This code is the key link between the spreadsheet and the associated map. Each unique street segment is assigned a code. In general no segment exceeds one mile. Segment Description -Identifies the road name associated with the segment. Street Typology The typology from the Livable Street Design Guide (adopted by the ACHD Commission on May 27, 2009) designated for the segment. The typology is directly related to the planned land use adjacent to the roadway and it provides the basic information regarding the planned roadway cross section. Draft Procedural Document Existing Number of Lanes -Describes existing lane configuration as of the most recent Master Street Map update. Planned Lanes for "Construction" -The number of lanes ACHD has fixrided for construction within a 20 yeaz time frame. This information is taken from ACHD's adopted CIP and Five Yeaz Work Plan. Projects listed as funded for right-of--way preservation only in the CIP are not shown in this column. Planned Lanes for "Preservation" -The number of lanes planned for preservation. This column represents preservation only and not a commitment by ACHD to purchase right-of--way or construct projects. This information was taken from several different sources including ACHD's current CIP, adopted sub area studies, and in some cases reflects what ACHD has been preserving for in azeas outside the CIP where development has occurred. Parking - Pazking on arterial roadways has significant impact on safety and traffic flow. In general ACHD prohibits pazking on arterial streets, but there aze some locations where pazking is allowable due to the specific traffic conditions and the adjacent land use. This column represents several different parking conditions: Existing - An "E" in this column indicates that pazking exists on the street segment. Existing parking does not guazantee that pazking can be accommodated on the street segment in perpetuity. Undeveloped azeas often have pazking along arterial streets that needs to be removed for traffic safety purposes when a road is widened. Pazking removal associated with projects is addressed through the project team process involving representation from the respective city or Ada County. Where more than a few spaces of pazking aze removed that aze not involving the project development process, ACHD will contact the respective jurisdiction for discussion prior to parking removal. Traffic safety and operations goals must be satisfied but concerns of the jurisdiction and the adjacent property owner, and alternatives, will be considered before action is taken. Ap roved - An "A" in this column represents that pazking is approved by the ACRD Commission for a street segment but not yet built. Pazking can sometimes be approved through the development process and the ACHD project development process. During the concept design phase of an ACHD project the city or county will have ample opportunity to discuss parking as an element of the street cross section. Blank - On many segments the pazking column will be left blank due to lack of information. A blank designation indicates that no specific data is available for that segment. There maybe existing pazking on some of these segments but it will take further reseazch to create a countywide pazking inventory. Amenities or Enhanced Features -Areas where the city/county has a desire to include elements beyond the ACHD basic treatments described in the Livable Street Design Guide. These features may include a wider buffer azea between the sidewalk and back of curb, a larger pedestrian zone, a place for public azt or some other special feature that would require extra right-of--way than what would be preserved for the ACHD basic footprint. These features may require funding partnerships in accordance with the Cost Shaze Policies and Procedures. Planned Right-of--Way Footprint "Projects" -Defines the total right-of--way needed for an ACHD capital project based on the input of the other elements. This number will be used by ACHD as a starting point for the concept design process. In some cases ACHD has a segment already designed. In these instances the right-of--way needs from the existing design will be used in the spreadsheet. In no way does this column represent a financial commitment from ACHD to 6 Draft Procedural Document purchase right-of--way. There may be azeas were development is required to pay for some or all of the right-of--way and construction needs. There may also be modifications to this dimension based on specific project context and needs. Planned Right-of-Way Footprint "Preservation" - Defines the total right-of-way needed for preservation based on the input of the other elements and the buffer space needed to place the sidewalk in its final location so it will not be disturbed when the roadway is widened. This number will be used by ACRD to preserve right-of--way along developing corridors where the roadway will be widened to its full cross sections after some development has occurred. In no way does this column represent a financial commitment from ACHD to purchase right-of--way. There may be azeas where development is required to fund some or all of the right-of--way and construction needs. Comments -Miscellaneous comments or features that do not fall into the standard form. This area can also be used to describe special circumstances or approved policies associated with a specific road segment. Reference to approved Concept Designs, Other Plans or Studies -Upon approval of a concept design, access management plan, or any other applicable document or policy related to a street segment, a reference will be placed in the Master Street Map identifying these documents. Collector Streets - In general collector streets aze designed and constructed through the development process. Cross section features for collectors will continue to be worked out on a case by case basis with the developer in coordination with the lead land use agency and ACHD based on the traffic impacts of the proposed land uses in the azea. 'The typology and proposed location of the collector streets is captured on the map and will serve as the starting point for the discussion that occurs through the development process. ectfl®n 3; Arreen en rocedr~s Periodically the Master Street Map will require amendment in response to development applications or comprehensive plan modifications initiated by ACHD's partner agencies. Only official elements (as described above) can be amended through the Master Street Map. Amendment requests through develop ent applications ACHD's standard development review process shall be the vehicle for processing and commenting on requests to amend the Master Street Map associated with new development. All requests to amend the Master Street Map from a land owner or developer shall be associated with a development application (e.g. Comprehensive Plan Amendment, Zoning and Annexation, etc.) that is submitted to one of ACHD's partner agencies and officially transmitted to ACRD for review and comment. Pre Applfcatf®s2 Praces~ Developers aze encouraged to meet with ACHD and the lead land use agency (City or County) prior to submitting a development application in a joint pre-application meeting. At this meeting the developer will be informed of the roadway typology and associated features adopted by the city or county. The developer in conjunction with the lead land use agency and ACHD will determine if a change to the Master Street Map is necessary and should be proposed as part of the development application. 7 Draft Procedural Document ®fficial T'rans-taittal In accordance with ACHD's standard policies and procedures for development review the lead land use agency will transmit completed development applications to ACRD for official review. If a change is being requested to the Master Street Map the desired amendments should be clearly identified in the applicant's narrative and on the city or county application. At a minimum, the application should address: • Current typology - As shown on the approved Master Street Map for each street segment where a change is being requested. • Proposed typology -All proposed typology changes must be clearly defined in the application. The extents of the proposed changes can be described in the application or the applicant can provide an exhibit showing the proposed typology changes. • Parking - If parking in the right-of--way or adjacent to the right-of--way is proposed it shall be clearly shown on the site plan associated with application. • Collector streets -All new collector streets shall be shown on the preliminary plat map and/or master site plan. The applicant shall work with ACRD staff to determine the appropriate cross sections features and details of new collector streets. • Other special features -Any other features that impact the right-of--way or differ from the approved Master Street Map shall be clearly defined in the application and if possible shown on the site plan or preliminary plat. If this information is not provided the request cannot be processed by ACRD staff. If no changes are being requested to the Master Street Map this should also be indicated on the application. AL'I~IL? Staff Revieev and Cotrxr~xent Requests to modify the Master Street Map will be reviewed by ACHD through its development review process when included with the development application. Street typology, the presence and location of collector streets, and any other features described in the Master Street Map will be analyzed by ACRD staff and comments will be provided to the lead land use agency. If no requests to modify the Master Street Map are included with the development application ACRD will conduct its standard development review. A~~il) Decisic~r~ According to ACHD's standard development review procedures requests to modify the Master Street Map will be acted upon by ACHD staff or the ACRD Commission. The ACHD final decision and conditions of approval for the development application will be transmitted to the lead land use agency for inclusion in its review process Lead Land Idea A~en~ Decisiar~ The final decision on the development application as a whole is made by the lead land use agency according to its standard policies and procedures. 8 Draft Procedural Document Approval Upon approval of the development application by the lead land use agency any amendments to the Master Street Map approved by the ACRD Commission associated with the application will be included in the Master Street Map. Approval with changes If the lead land use agency through the approval process modifies some aspect of the requested Master Street Map amendment that contradicts with ACRD comments or approval, the applicant, ACRD and the lead land use agency will meet to resolve any discrepancies. Denial Upon denial of the application by the lead land use agency no changes will be made to the Master Street Map. Amendment process through large scale City or County initiated Comprehensive plan Changes or Suh Area plans Request fetter During the early stages of a large scale comprehensive plan amendment or specific area plan the city or county may send ACRD an official correspondence informing ACRD of the plan and requesting ACRD to participate in the amendment process. At a minimum the letter should include the general area of the proposed changes and the goals and objectives of the amendment. Sc®ing Meeting If requested ACRD will meet with the city or county to determine the scope of work and partnership responsibilities necessary to address the proposed comprehensive plan amendment or specific area plan. Draft CvpreherB~ive Plan or Specific Area Plan Change The city or county will provide ACRD with a draft of the proposed plan including any land use maps, circulation maps, or other information that pertains to the transportation network. Without these items ACRD cannot review the proposal. AC.FfD Review a®td Corrtrraent Based upon the information provided by the city or county ACRD will analyze the impacts of the proposal on: Street Typologies Right-of-way Five Year Work Plan Capital Improvements Plan Other Master Street Map features Traffic Impacts Timing of projects Needed improvements that fall outside the Capital Improvements Plan and Five Year Work Plan Previous actions or approvals Known or Pending Developments 9 Draft Procedural Document Public Involv~rt'ent Upon city or county request ACHD will participate in any public involvement process associated with the comprehensive plan amendment or specific area plan. Depending on the scope and scale of the changes ACHD may hold its own public involvement process (especially in the case of specific area plans, or regional transportation plans) Appt°ovul City or County Approval The final comprehensive plan amendment or specific area plan will be approved by the lead land use agency in accordance with their standard policies and procedures. ACHD Approval After all public comment and revisions the amendments to the Master Street Map recommended in the Comprehensive Plan change or specific area plan will be presented the ACHD Commission for adoption by resolution. ®i`~Iclal Updates to the aster Street map Changes to the Master Street Map become effective upon approval by the lead land use agency and ACHD. ACHD staff will maintain an up to date version of the Master Street Map in electronic format that reflects the approved amendments. ACHD will officially update the Map and Spreadsheet and present if to the ACHD Commission for approval by resolution on a bi-annual basis. Secti®n 4~. Additionai °,~ht-of way A~uisitio Right-of--way acquisition for features beyond the ACRD basic footprint as described in the Livable Street Design Guide shall occur in accordance with ACHD's Cost Sharing Policies and Procedures. 10 ~Pf~~~ ~tr~~~ ~~~ ~~~~~~~r~t Fr~c~~ 4'i~~r,1L~~~€m, ,~t'@0i9 ammo ~ ate ~sep~dc.er~t ion F'~ e~I4~~a~a~tttnn RQ~r~iea er~eaC'3'y~pxc'1~tr¢~~.~ ~~s~ (~~, ~cea~,arm ~har~d ~ ~pri+r~ert~ t Thy:~~~~is~~aR~~~aFn~eaheti~cas~rethtt~~e:9tY9 € n85it~a`r'~.1~~~3'~[i'~~'a i~:~t}pa~4chp~ ena army ~~3e.~c~sre ix r~ bcr ps~g~ ~~ paa~ ~~ the 8~gsiia.~eiiemct Nt~as~iitcFlg4~ ~a~~1~~:aaaw ;r~~9~4a}ay~~is~tir~ra 4~-Eki~c'~t4pf~asat~lt~mrsQ~aa~4d.,Qt°E7turcerdtC~a3 ir~~~li~f+II~'fafPl~#.^~1r~Ylc~sr~9rc~~;a=~~~~9i~~d ~aesthe~pplBc~E¢a~e~ mct~e~~as~rrit~d l~ait7 r`lrht$[3 ra:on ac~1 s~:em~sh~~tr~, et31 h*ttea~€mr titp ~~~h ~taa~~~ts ~r xsaama~ clumsma ~~Htt e'e:+€im~~ ~a~sga~ll.~see ~l at~alu~ ~it?al~'eau~tg~ems~ ah.~s~ has #:?}sm~l~a~r, m~aasimt~d 4~aEamtC=a ~~ 19TC1udL ~fi~r'~~~L2~stt8tl9~ii€~6% >°9~gxt~*~, d~ii},~f~~utmty ~~tesa~~~~~:e~~aN:~a.~ar~cw 1.Aa~~2Y't6irt+S 13~~iaiaew `~~ ~ .~.:i7~rcav~ ta9th Ctm~~~ `'~ ;~< t3eaa~s °~. ,..% ~1$i S.~S;t ~'~@c9 R~.4L'n ~r~~ii~~~Ic€ s; ~~~ ~'~1~~t~,~~ie~~s r5~ ~~~9 imrN~JS4a~1Fv ~a ac~~nne:~z1 eae ~pt'ae~ars~9 Pa Y~i r~~J~~B~c~_~~94 `K'aty/ fi,N~aa~~~;r ~~'F2~Y c~:~~~~e to as_r~~5~at~~~c~ ~tp`i alt : 1:~_- F. ~ ~_: ~ ~t ~i~t~~ MERIDIAN CITY COUNCIL MEETING December 15, 2009 APPLICANT ITEM NO. 7A1 REQUEST Community Liaison Update AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MAYOR'S DEPT: See Attached 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. ~~~ DECEIVE DEC 15 ~ppg CITYOFCP~lE m~J'" December 15, 2009 CITY CLERKS OFFICE MEMORANDUM TO: Tammy De Weerd, Charlie Rountree, Keith Bird, David Zaremba, Brad Hoaglun, Robert Simison FROM: Luke Cavener RE: Monthly Report Reminder: Meridian Town Hall, Meridian: Unplugged is scheduled for January 13`" at 6:30 pm and will be located at Heritage Middle School . It will be a great opportunity to meet with members of our community. Business Community: There were three ribbon cuttings this month: Five Guys Burgers and Fries, Stadium Sporting Goods and Home Federal Silverstone Branch. Five Guys Burgers is a national hamburger franchise. The franchisee owns locations in Boise, Pocatello, and Idaho falls. The Meridian location currently employs 25 staff members. While not chamber members, the City partnered with the Meridian Chamber to provide them a ribbon cutting event. The franchisee was so impressed with the public turn out for the event that they are now becoming chamber members. Stadium Sporting goods is located on Fairview near Eagle Road. Owner Jim Long opened this independent sporting good store after the Joes store (where Jim was the general manager) on Eagle road was closed. Stadium carries a variety of sports equipment for athletes of all ages and levels. Stadium employs 3 staff and is looking to open more locations in the future. Home Federal opened a new branch at the Silverstone Corporate Plaza. This branch will have 9 employees, in addition Home Federal will be moving some of their executive offices to the Silverstone Plaza in early 2010. Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 . Fax 208-884-8119 . www.Meridiancitv.ora Page 2 Business Registry: The Meridian Business registry was launched in mid November. Currently 150 businesses have joined. BizReach.com, the business that built the registry database has been pleased with the response. Businesses have also appreciated a new opportunity to market and promote their businesses and services. BizReach.com is in the process of creating a radio commercial to promote the registry for Meridian businesses. Below is the list of some of the businesses that have signed up for the business registry. Alpine Heights Dentistry, AES Employment Solutions, CAN Telecom, Almost Famous Entertainment, American Staffmg Inc, Appliance Care, Berry Electrical Services Inc, BizReach.com, Body harmony Massage, Brad Hoyd-Realty Executives, Brett, Silver key Insurance, busted Shovel, Campbell's Siding, Cheerleaders, Cherie Barton, Realty Executives, Cherry's Consignment Furnishings, Cintas Documents, City of meridian, Classic FIG Lending Group, Clean Design, Holtzclaw Property Management, State Farm Insurance, Kathy Chambers, Agent, DC Engineering, Scentsy Inc, United States Postal Service, Office value Meridian Business Professionals Connection: The monthly networking event was held at Port of Subs. Toni Smith was the featured speaker who provided information on SBA loans and what entrepreneurs need to have in their business plan to make easier to obtain financing. Approximately 45 people attended making it another successful event. West Boise Lions: I was invited to present to the West Boise Lions. I spoke mostly on community involvement, but also provided information on Meridian's Promise, MYAC, and FAC as well promoted the Coffee with the Mayor, Community Thanksgiving, Town Hall and the State of the City address. The Lions were really pleased with the presentation and would like me to continue on an annual basis. Faith Community: The annual Community Thanksgiving Celebration was held at Valley Shepherd, church of the Nazarene. The service was attended by over 200 people and considered a success. The Meridian Ministerial Fellowship is responsible for planning and hosting the event with the funds from the offering benefitting the Meridian Benevolent Fund. This fund is designed to assist families and individuals in need of extra assistance, such as fuel for vehicles, payment of utility bills or bus tickets to locations in which jobs or family are waiting. Caleb Hood held a meeting to solicit public feedback on some proposed changes to zoning of religious institutions. I attended to serve as the liaison to our faith community. Three churches attended: Meridian Friends, Valley Shepherd and Meridian First Baptist. All three seemed supportive of the proposed changes. Additionally, Caleb spoke to some additional churches by phone and shared there appears to be very little resistance to the change. Page 3 The Meridian ministerial Fellowship is planning next years prayer breakfast. It will be held mid April. The Fellowship is currently exploring having the event held at a new location this year. Citizen Interaction: I spoke with Stacy Kumar Nelson of Super Value/Albertsons regarding the Meridian Food Bank. Stacy is on the advisory board for the Idaho Food Bank. Stacy informed me that beginning this month, the Meridian Food bank as well as other area food banks will no longer have to purchase food. They will still have to come pick up the food from a local distribution center, but the hope is that too will be eliminated soon. Bill Williams of Hunter Pointe contacted me to discuss an issue in their neighborhood. Currently there are some residents that would like to raise chickens in their back yard. Currently the HOA's CCNRs ban poultry and livestock from living in the neighborhood. Bill is looking to make a change, but wanted to contact the City to determine what the current code states. After working with legal and code enforcement it was determined that currently no code exists pertaining to poultry within the City limits. It was suggested that the residents follow the Boise code as a rule of thumb (3 hens, no roosters). Bill was appreciative for the info and agreed that they would have the CCNRs model the Boise code. Social Networks: The City directly interacts with over 500 individuals every day via our social network channels. This allows the City to accurately share its story. In addition to the 500+ many of our posts are forwarded on to other networks increasing our reach and inviting new individuals to follow the City. Below are some of the posts from the last 30 days and the interaction that followed. City of Meridiaa Just a reminder, The Ten Mile Bridge is scheduled to be demolished Friday night (January 11th) click here to view the detour map: http://tiny.cc/2e4Q2 ,~ ~, „ f, , ~~~ z _, ~ '~ a-- Karen Moessinger- Dawson are they blowing it up?? i want to watch! December 8 at 5:49pm Delete Report Page 4 ~.-- ~~ Benjamin Seymour just remember to put on and off ramps next time you build a bridge, not like locust grove. December 8 at 7:28pm Delete Report Dennis J Smith There's a reason Locust Grove doesn't have on and off ramps. Controlled access. Interchanges should provide full access; ramps are to be designed with the appropriate standards in mind. Minimum interchange spacing should be 1 mi (1.6 km) in urban areas and 3 mi (4.8 km) in rural areas. December 8 at 8:28pm Delete Report ~. ~ City of Meridian Benjamin, the purpose of demolishing (sorry Raren we aren't blowing it up) the 10 mile bridge is to create interstate access. Here is a link on the project: http://connectingidaho.gov/Projects/I84CaldwelltoMeridianCorridor/I84TenMileR oadlnterchange/tab id/163/Default.aspx December 9 at 9:06am Delete City of Maridiaa Brrrrr, it is two degrees outside!! Time to run to the Library Coffee House for some Artamus. What is your favorite coffee shop in Meriden? December 8 at 9:03am Comment •LikeUnlike View Feedback (10)Hide Feedback (10) Shannon Ballou i have two...Library Coffee House and Dutch Bros December 8 at 10:37am Delete Report ~, Jessica Browning Tiede Starbucks! December 8 at 11:18am Delete Report Adrean Casper Library Coffeehouse! December 8 at 1:11pm Delete Report Amanda Michelle Smith DUTCH BROS!!!!!!!!!!!!!!!!!!!!!!!l111 December 8 at 4:37pm Delete Report r Page 5 hir Jeff J Pelletier Library! walk over, warm up, walk home! December S at 5:lipm - Delete Report sa City of Meridian Jeff I love the idea of walking, but it's almost too much on a day like today. Perhaps there needs to be a coffee deliver service.... December 8 at 5:13pm Delete ;r~,: Terry Tipton Moxi Starbucks City of Meridiaa Checkout the Mayor's blog on the importance of buying local. http://tiny.cc/hftVP December 7 at 5:23pm Comment •LikeUnlike View Feedback (2)Hide Feedback (2) Ryan Taylor I wouldn't call Cold Stone "local", Yoyo's is local. Much like if you're needing to buy wine, support wine shops like A New Vintage Wine Shop instead of Cost Plus. Buy music from Record Exchange rather than Walmart. December 7 at 7:14pm Delete Report i City of Meridian Ryan, 2 agree YoYo's is also local (and one of many favorites of mine), but Cold Stone has a local owner, employs Meridian residents, supports local programs and is a Chamber Member. 2 think its okay to consider Cold Stone a local business. Remove City of Meridiaa Remember today is the business supporting youth awards at the Meridian Chamber Luncheon, hope to see you all there. November 17 at 8:15am Comment •LikeUnlike View Feedback (2)Hide Feedback (2) Bruce Altig likes this. Denise Tyler Wish 2 could have attended but work took priority today ! Page 6 Pam Westover Pugatire When is the Winterland Parade? November 27 at 7:llpm Comment •LikeUnlike View Feedback (1)Hide Feedback (1) Report City of Meridian Saturday Morning December 5th at 10:00am November 29 at 8:48pm Delete Remove City of Meridian Thanksgiving is getting closer, what are you thankful for? November 23 at 5:17pm Comment •LikeUnlike View Feedback (2)Hide Feedback (2) Karen Moessinger- Dawson health family and friends...and my good cooking skills! November 23 at 5:34pm Delete Report Sharron Carpenter Svir My job, I have a roof over my head and especially my family MERIDIAN CITY COUNCIL MEETING December 15, 2009 APPLICANT ITEM NO. 7A2 REQUEST Mayor's Youth Advisory Council Update AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MAYOR'S DEPT: See Attached CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING December 15, 2009 APPLICANT ITEM NO. 7AS REQUEST DEQ Air Quality Update AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MAYOR'S 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: See Attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING December 15, 2009 APPLICANT ITEM NO. 7A4 REQUEST Air Quality Initiatives Update AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MAYOR'S DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Attached Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the Cily of Merldtan. MERIDIAN CITY COUNCIL MEETING APPLICANT December 15, 2009 ITEM NO. 7A5 REQUEST Air Quality Board Report AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MAYOR'S 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: See Attached Materials presented at public meetings shall become properly of the CNy of Meridian. MERIDIAN CITY COUNCIL MEETING December 15, 2009 APPLICANT ITEM NO. 7B1 REQUEST Server Training Ordinance Update AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MAYOR'S DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See Attached ~ r~S ~D~" CO~~~` ra,~~2. BY OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. I~R~I FT CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN CREATING A NEW CHAPTER OF MERIDIAN CITY CODE: CHAPTER 7, TITLE 3 OF THE MERIDIAN CITY CODE, RELATING TO ALCOHOL SERVER CERTIFICATION: DEFINTIONS; APPROVED SERVER TRAINING PROGRAMS; SERVER AND LICENSEE REQUIREMENTS; AND ENFORCEMENT. WHEREAS, the City Council of the City of Meridian seeks to address problems that can be related to overconsumption or illegal consumption of alcohol at establishments that serve liquor, wine, and beer, such as driving under the influence of alcohol, public intoxication, and underage drinking; WHEREAS, servers of alcoholic beverages can be trained to better recognize and work to avoid such problems through education regardng,the sale and service of alcoholic beverages, the effects of alcohol on the human body, methods of identifying intoxicated persons, methods of refusing to sell or serve alcohol to such persons, and methods for checking and identifying legal identification; 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 7, of the Meridian City Code shall read as follows: TITLE 3 CHAPTER 7: ALCOHOL SERVER CERTIFICATION 3-7-1: DEFINITIONS: A. Alcoholic Beverage: Any beverage containing alcohol which is a product of distillation of any fermented liquor or synthetic ethyl alcohol, including beer, wine, spirits or any liquid containing beer, wine or spirits. B. Approved Server Training Program: A server training program enumerated in a written administrative policy of the Chief of Police and approved by resolution of City Council. C. Certificate: A current, valid certificate of completion issued to a Server upon satisfactory completion of an Approved Server Training Program. D. Certification: Satisfactory completion of an Approved Server Training Program. E. Certified Server: A server who has satisfactorily completed an Approved Server Training Program. ALCOHOL SERVER CERTIFICATION PAGE 1 OF 4 DR~1 FT F. Licensee: A person to whom a valid license to sell liquor by the drink, or beer and wine by the drink, is issued by the City of Meridian and/or the State of Idaho. G. Server: Any person serving or selling any alcoholic beverage, including spirits, wine or beer for consumption on a licensed premise and any person managing those employees. Servers shall include, but are not limited to, waiters, waitresses, bartenders, and managers of waiters, waitresses and bartenders. 3-7-2: APPROVED SERVER TRAINING PROGRAMS: A. Only a server training program enumerated in written administrative policy of the Chief of Police and approved by resolution of City Council shall be recognized as an Approved Server Training Program for purposes of this Chapter. B. The Chief of Police shall approve a server training program upon a determination that such program educates participants on, and requires participants to successfully pass an examination covering, each and all of the following topics: 1. Consistently and accurately verifying patrons' proof of age and identification; 2. Recognizing false and altered identification documents; 3. Understanding the effects of alcohol on the human body; 4. Monitoring patrons' alcohol intake and/or behavior; 5. Recognizing intoxicated persons; 6. Methods of refusing to sell or serve alcohol to intoxicated persons; 7. Providing alternatives to alcoholic beverages; 8. Problem solving in dealing with intoxicated and/or belligerent patrons; and 9. All State and local laws and rules pertaining to the sale and service of alcoholic beverages. 3-7-3: SERVER AND LICENSEE REQUIREMENTS: A. Any person employed or operating as a Server as defined in this Chapter shall: 1. Complete certification within thirty (30) days of the date upon which he or she begins employment or operation as a Server at a licensed establishment, and shall maintain such certification at all times of employment or operation as a Server, updating such certification as necessary. Upon a Server's completion of one (1) hour of work, the thirty-day time period for certification shall be calculated cumulatively, and shall be tolled only by the cessation of work for one (1) year or longer. 2. Maintain a written record of his or her certification; 3. Provide proof of certification to a law enforcement officer upon request. B. Licensees operating establishments where alcoholic beverages are served and consumed on the premises, as to each Server employed or operating on the licensed premises, shall: ALCOHOL SERVER CERTIFICATION PAGE 2 OF 4 DRS FT 1. Ensure that each Server is or becomes certified as set forth in this section, and that each Server maintains his or her certification throughout his or her employment or operation as a Server. 2. Maintain a copy of each Server's certificate; 3. Provide any Server's certificate to a law enforcement officer upon request. 3-7-4: ENFORCEMENT: A. Any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of up to one thousand ($1,000.00) dollazs and/or imprisonment for up to six (6) months. B. The City Clerk may revoke a Licensee's City of Meridian license to sell liquor by the drink, andlor license to sell beer and ~~vine by the drink,' if such Licensee, or Server employed by or .operating on behalf of such Licensee, violates any provision of this chapter. The City Clerk shall. notify the Licensee of such revocation in writing,. and shall mail such notice to the Licensee at the mailing address set forth in'the license application.:... Such revocation shall be effective immediately upon mailing by he City Clerk. Appeal of the City Clerk's revoeatiol of a City of Meridian license to sell liquor by the Drink, and~or license to sell beer and wine by the drink may be made by the Licensee. Such uppeal shall be made inwriting, shall be mailed. to theCity Clerk via LJ.S. Mail, and shah state the reasons_for such appeal. CTpon receipt of such appeal, the City Clerk shall schedule a public heating on'the appeal. at a City Council meeting within fourteen (l~l) days. The City Council's decision on such appeal shall be a final decision. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance aze hereby voided. Section 3. That this ordinance shall be effective on June 1, 2010. 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 ALCOHOL SERVER CERTIFICATION PAGE 3 OF 4 DR~1 FT NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.09- PROVIDING FOR A NEW CHAPTER OF TITLE 3, MERIDIAN CITY CODE REGARDING ALCOHOL SERVER TRAINING An Ordinance of the City of Meridian adding Title 3, Chapter 7 of the Meridian City Code. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its passage and publication. City of Meridian Mayor and City Council By: Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 09- The undersigned, Wihiam L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 09- of the City of Meridian, Idaho, and has found the same to be true and complete.. and provides adequate notice to the public pursuant to Idaho Code § 50- 901A(3). DATED this day of , 2009. William. L.M. Nary City Attorney ALCOHOL SERVER CERTIFICATION PAGE 4 OF 4 DRAFT CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADOPTING AN ADMINISTRATIVE POLICY OF THE MERIDIAN POLICE DEPARTMENT REGARDING APPROVED SERVER TRAINING PROGRAMS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 3-7-2(B) states that the chief of Police shall approve a server training program upon a determination that such program educates participants and tests participants on nine enumerated topics; WHEREAS, on November 12, 2008, the Commission did unanimously vote to recommend to the Mayor and City Council that certain enumerated tasks be adopted as the City's priorities in improving the community's pathway system; and WHEREAS, the Mayor and City Council fmd that it is in the best interest of the health, safety, and welfare of the people of Meridian to adopt such recommended priorities; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the tasks and priorities assigned thereto. enumerated in the Resolution of the Meridian Parks and Recreation Commission, adopted by the Commission on November 12, 2008, and attached hereto as Exhibit A, are hereby accepted and adopted by the Mayor and City Council of the City of Meridian. Section 2. That the Director of the Meridian Parks and Recreation Department is authorized to carry out said tasks, in such manner and timeframe, and as allowed by the annual budget appropriations for the Parks and Recreation Department, per the discretion of the Director. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED 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: Mayor Tammy de Weerd ATTEST: RESOLUTION ADOPTING PARKS & REC. COMMISSION PATHWAYS PRIORITY TASK LIST Page 1 of 2 DRAFT sy: Jaycee Holman, City Clerk RESOLUTION ADOPTING PARKS & REC. COMMISSION PATHWAYS PRIORITY TASK LIST Page 2 of 2 DR~i FT E IDIAN-- fl~ Meridian Police Department ADMINISTRATIVE POLICY SUBJECT: APPROVED SERVER TRAINING PROGRAMS PURPOSE: To enumerate Approved Server Training Programs, the completion of which shall qualify a Server for certification pursuant to the requirements of Title 3, Chapter 7, Meridian City Code. POLICY: These server training programs are. found by the Chief of Police to meet the requirements of Meridian City Code section 3-7-2(B) and are therefore deemed to be Approved Server Training Programs for thepurposes of Title 3, Chapter 7, Meridian City Code: 1. ServSafe Alcohol Responsible Alcohol Service Training program National Restaurant Association. Educational Foundation 175 West Jackson Boulevard, Suite 1500` Chicago, Illinois 60604-2702 (800):..765-2122 http://www.servsafe.com 2. TIPS (Training for Intervention- Procedures) .Health Communications, Inc. 1101 Wilson Boulevard, Suite 1700 Arlington, Virginia .22209 (800) 43$-8477 http://www.gettips.com 3. Learn2Serve Alcohol Seller and Server Certification 360training.com, Inc. 13 801 N. Mo-Pac, Suite 100 Austin, Texas 78727 888-360-8764 http://www.learn2serve.com MERIDIAN CITY COUNCIL MEETING APPLICANT December 15, 2009 ITEM NO. 7C1 REQUEST Administrative Policy -Metal Detecting in Parks AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MAYOR'S 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 ~-- a~ Inb~.G CpM ~ o `v~c9 ~ ~C- e-5 Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. DRAFT E IDIAN~--- I~~~® Meridian Parks and Recreation Department ADMINISTRATIVE POLICY SUBJECT: USE OF METAL DETECTORS IN CITY PARKS AND FACILITIES PURPOSE: To provide regulations governing the allowed time, place, and manner of using a metal detector within a City park or facility. POLICY: A. Regulations. The use of a metal detector in any park, facility, or property owned or operated by the City of Meridian shall be allowed, subject to the metal detectorist's adherence to each and all of the following terms, conditions, and regulations. 1. Metal detectorists actively using metal detectors are expected to be ambassadors for their hobby and should observe the highest standards of respect for persons and property at all times. Metal detectorists shall not interfere with reserved activities, organized sporting activities, or other park users or activities. 2. Metal detectorists shall not disturb sprinkler heads, pipes, irrigation system components, or any other infrastructure above or below the ground. Persons damaging or destroying City property, whether purposefully or inadvertently, shall be responsible for the cost of repair or replacement. 3. Metal detectorists shall have access only to areas open to the general public. Metal detectorists entering closed or restricted areas maybe subject to trespassing or other criminal charges. 4. Only probes shorter than eight inches (8") and one-fourth inch ('/ ") across maybe used to dig. Metal detectorists shall not dig with knives, trowels, or other sharp or destructive implements. 5. Plugs of earth or sod shall not be removed from the ground. Retrieval of an object from the ground shall occur by cutting a neat flap without removing the plug entirely, extraction of the object, and careful reinstatement of the grass, sand or soil carefully. Always heel probed ground. 6. Metal detectorists shall abide by all MPR rules and regulations. B. Violation. Failure to abide by all applicable rules and regulations may result in trespass from the premises and/or further available civil, criminal, and/or administrative action, including, but not limited to, exclusion from the park pursuant to Meridian City Code section 13-2-11. AUTHORITY: Officers of the Meridian Police Department and Employees of the Meridian Parks and Recreation Department shall be authorized to require compliance with any and all terms of this policy. USE OF METAL DETECTORS IN CITY PARKS AND FACILITIES PAGE 1 OF 1 MERIDIAN CITY COUNCIL MEETING December 15, 2009 APPLICANT ITEM NO. 7D1 REQUEST Bittercreek Liff Station and Pipeline Purchase Agreement AGENCY CITY CLERK: CITY ENGINEER: CITY PUBLIC WORKS DEPT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MAYOR'S DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Pay' ~\~~ ~ \~aqJ~ ~~ 1~`0 0~~~ Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Attached ~44 fJ ~~~ k\~ n C~ PURCHASE AGREEMENT FOR BITTERCREEK LIFT STATION & PIPELINE THIS PURCHASE AGREEMENT is made this _ day of _ ' ~ , 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 JLJ Enterprises Inc., hereinafter referred to as "DEVELOPER", whose business address is 1560 Carol Street Meridian, Idaho 83646 INTRODUCTION WHEREAS, DEVELOPER owns land outside the corporate limits of the City of Meridian and desires to construct the Bittercreek Lift Station and approximately 25,000 feet of Sewer Pipeline (shown on Exhibit "A"), WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY has assigned the construction of said Lift Station and Sewer Pipeline (PROJECT) to the DEVELOPER to construct the said Lift Station and Sewer Pipeline, subject to all conditions hereinafter provided by this Agreement; WHEREAS, pursuant to that assignment the DEVELOPER publicly bid the PROJECT and awarded the contract to Eastern Oregon Construction (EOC); WHEREAS, the DEVELOPER and EOC have severed their contractual relationship; see Exhibit «C,,. WHEREAS, the parties desire to purchase the existing infrastructure that is completed and meets all City's standards and specifications; WHEREAS, the City desires to purchase the existing materials that have been procured for the express purpose to use for the construction of the remaining sewer pipeline necessary for the completion of this PROJECT; WHEREAS the parties wish to resolve undisputed claims for payment by EOC to the DEVELOPER while not addressing in this agreement any disputed claims for damages by EOC or any monies due to DEVELOPER for his work that has been performed to date. NOW THEREFORE, in consideration of the foregoing premises and subject the following conditions, CITY and DEVELOPER hereby agree: PURCHASE AGREEMENT FOR BITTERCREEK LIFT STATION & PIPELINE - page 1 of 6 TERMS AND CONDITIONS Scope of Purchase Agreement: 1.1 DEVELOPER a. DEVELOPER shall maintain the performance bond for the work that is paid for by this agreement until the City grants a release in writing. DEVELOPER shall be required to execute at the request the city the performance bond at any time for any reason. b. If the performance bond is executed the DEVELOPER agrees and indemnifies the City that all funds acquired pursuant to the bond shall be dedicated to the completion or warranty needs of the PROJECT. c. The DEVELOPER will assure that all lien releases for City are received or furnish a statement by Eastern Oregon Construction with Indemnification or to hold harmless for the work paid for by this agreement within 30 day of execution of this agreement. d. The DEVELOPER shall secure a bill of sale for the material that is being purchased with this Agreement. e. DEVELOPER will acquire a Certificate of Insurance for the location(s) where the materials are stored that is being purchased by this Agreement. £ DEVELOPER will acquire written assurance from the property owner where the Materials that are being purchased with this agreement are being stored that the materials will be secured and available for use by the City at any time. g. DEVELOPER shall furnish a written guarantee to City to warranty all work covered in this agreement for 1 year. 2. PAYMENT In consideration of the DEVELOPER'S agreement above the City will release funds to escrow pursuant to the existing Escrow Agreement as evidenced by Exhibit "B" in the following amounts: PURCHASE AGREEMENT FOR BITTERCREEK LIFT STATION & PIPELINE - page 2 of 6 A. Fiscal Impact: PROJECT Costs: (Exhibit "D") Completed Portion of PROJECT $255,368.55 Material Costs $118,920.09 Total (Not to exceed amount) $374,288.64 B. Payment will be processed by City to the approved escrow agreement. (See Exhibit "B"). 3. 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 United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Ph. (208) 888-4433 JLJ Enterprises Inc. 1560 Carol Street Meridian, Idaho 83642 Ph. (208) 955-6655 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. 4. 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. PURCHASE AGREEMENT FOR BITTERCREEK LIFT STATION & PIPELINE - page 3 of 6 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. 6. Assignment: It is expressly agreed and understood by the parties hereto, that DEVELOPER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 7. Termination: If, through any cause DEVELOPER, ,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 Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to DEVELOPER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. DEVELOPER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by DEVELOPER under this Agreement shall, at the option of the CITY, become the City's property, and DEVELOPER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, DEVELOPER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by DEVELOPER and the CITY may withhold any payments DEVELOPER for the purposes of set-off until such time as the exact amount of damages due the CITY from DEVELOPER is determined. This provision shall survive the termination of this agreement and shall not relieve DEVELOPER of its liability to the CITY for damages. 8. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. PURCHASE AGREEMENT FOR BITTERCREEK LIFT STATION & PIPELINE - page 4 of 6 9. Advice of Attorney: 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. 10. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 11. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 12. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. ,,~ ~.~c ~C ~ -1.~.._.. . BY: James . Je tt ~ Z- Z-Z-v~~ ~ r i~ ~l~(«.ir Date ~~ 'ZZ~ Q~ Dated: ,~`~~~~~t OF I MER~pe~''~,, Attest: ~,,~` ~'~ -9 '%; ` coq rF y o $LAL =~ J CE O N, CITY CLER3~ ~ ~' ,= ~~ '; ~'p ~T ts~ • ~Q ,; ;,,~ q C' `~P ~; ~UNT'1 • . •~ ////llllll1f 31 1111t11~1~~'. Department A BY: ~- /- NAME: ~ ltic,r~-a.-S ~. ~~~ ~v~ TITLE: ~~~jl:c Worl.Cs~lrrc~o~ Dated:( /,~ c o2~. a0 o `~ PURCHASE AGREEMENT FOR BITTERCREEK LIFT STATION & PIPELINE - page 5 of 6 Approved as to Form CITY ATTORNEY 1 l1.-~II~d~~i ~_`'~ DATE PURCHASE AGREEMENT FOR BITTERCREEK LIFT STATION & PIPELINE - page 6 of 6 ~~ ,,.~ ~~ ma ~~ ,1 a CH?1Y1H1LL n~arromSD~°~°°ar oe~n~u ~_ Z~ ~m~~ ~Op~~ ~mz r m ~~~ m ~ pNp~~~C"" `°vda~~ o~OD n-t O z C~ H PURCHASE AGREEMENT AND PROGRESS PAYMENT FOR BITTERCREEK LIFT STATION AND PIPELINE, Page S EXH~TT "B" r Pt®~e • erT~~~eCo. G 0 1 N G B E Y O N D sisiw.wnemenAro.isobe,idstio>u~oair~os~rrJ-rroo CONS!'RUCCII$i DLSBUr9LMBPfP YNSIRUCTION9 Darotaixr J[J13atarprisae,tna EerrowlYa.: SOB 8. Eaele Aced, g103, 6axie Idetw 43616 txnuacmr. 6aslem Omgwt C0. td.C pate: Aujtrst4, 2009 P.O. Box ¢40.1)emrio l7m¢on 97914 Admhthtntor City oPMerldian Project: Btaer crash 1Jft 9htbn To•. Pioneer Title Company of Ada County J[J EtltatPrbee, tnc, namiaegar referred to m "pevolopet", Eaatmn Omgon Cottatruodoq [.[.C, hentnsRar retetmd to u "CoNmaor," sad Ciry of Merldtan, henrmafter neGrte6 m a "AdminieUttot" (Colbotlwly referred m u the 'Patrice" ), hemlry lnstract Plooeel TNIe Company oC A& County, heraittefta rePJttrad •m u "Pbncar;' u ritfew ~ agantalblbm: WHHRF,AS, Ths Deve{oper, Coatracmr sad Admtabttata havo aaterod loco a coru4ttctton . }frJ~JF,6/~i ~97iib/-~lbP1t9'fRialt/g4~7//9t'i~d ~ ootroeotlan wim the comavetiasi ou me folrowieg aasmibed Project Bkoer Cmelt Lift 9tatton l WHBRBA3, The 1'art[ee du&e 8ewaw Hofdx m dlsbutae the fonder eat forth ~ dw oonatruatioa a4nttsatt, nude n Pere hercot'by rellrenee han•3o, upa0. the lama wd candiliou hereinafter eat fads; NOW Tl3BR8PORB, la cooaiderat[an oCthe tnWuel wveamb, aatdttbne and prmdw herein contained, the pettier haam do heroby agree u follows: .,, i. From 11me m three tree Peniae will eubmii the tlmds fm'dbbm'aaeroac m the tbaow Holder. 2. Cotttraomr' shill submit s drew requeK m the Dewloper for apProwl whteh will contain invo[ow with the eddtsaeaa and phone anmhera !bv non yu[ty m teceJve duds, Developer w1U rovlew veld myuut and forward W Adminbtramr for Oaal appmvaL Admlofatramr wtU haw float approval sad wli) bs tlw paety m w0artm end iosuact, G wrkiog, Bsauw balder m dleburse lhoda, 3, ttsaow tialdar wllt dbburse m each suhca,bacfar, supplier aaNx Oeetaal Contractor, tlu4rvapeadw 4mds u rat out In the Inaouubne goer Adtnlolstntor. Eurow Holder b Inattvelad to obtain lien waivan ere all therks disbursed, uaiw otberrvlss dbeaaW by Admidatrator. Tres panto wnvsnt and agme with emh other u lbgowx Eswow Holder assumes no liability m the Parties for labor err mechento'a Jlen cWma, erupt sad to the extent that &erow Hoidar Gila to perfitm theJrobkgetiora N aooordatta with Mb Agnarneat. It b expmasly tmdenttood that Pioneer b noUag glely u a dlaburaement agent and shall law ao responsibllky tar a++Y omwurZba iaspeotbns o! etpr tdnd, or fbr waotlog the carectaam of arty hlWng ttom ®y subcontractor or mpplla; err for txly tinder dbbaraed m the Cooh.cepr, wboontractoa md/as wppllan. And fluther, that Escrow Holder aaatmbs no mapoeeibilhy fur the ooatptetioa of oomtroctba err the wodauanrhlp psrfamad. Bscrow Holder shall sot 6e I(elile m the Pollee for arty iou a damega exeape and m the extent Inert Eacraw Holder 60e m diaburw fi aaaoedance with these IastruaIom. PURCHASE AGREEMENT AND PROGRESS PAYMENT FOR BITTERCREEK LIFT STATION AND PIPELINE, Page 6 The Patdea ar7mowlsdge that ul timda deposited with Bectow Holdx aheU be depaited brto a Trust Recount and 5HALLNOT sun Interest. TM dfsbweemeet lbe shell be 5300.00 and wgl be pafd at the than the tab 4 sat up or u the 9rrt draw. Fee b based on dnw bring tnede once a month. Bsemw Holder tesarva Oro right ro make as additlottel charge In tho event thu any ahaoga ere made ro these bnuuctions. [n the avast oP my disa>uaemmt between the parrbs 6erero or etp~ pertles inkrmtad 4ereh4 rnultlng in edvetx demerde bring made on Pi®a~ Pfaraa slWl be eatftled ro retVse ro comply w18t aaid dattertds w long ae sur3t dLagreenarat edab end, iti ao redutrty Planer tnsy rolbee to deliver any moats lavolved with this ssamv. FuRhx, lathe event of sorb dlseg[eemenr, Pbma atoll have We right ro empty eoutsel to advlae and/or teptmettt h fi tgty xdt or actloa brought affecting thin escrow, including tot tot Waited m m ]mrtplaeder aaforr brought by Pioneer, and the pattba heraro agtroe m tro Jointly and aevaraUy Uebb to P[oaear for aW' and all fen ar then hrciared by Pieneot io eamectlon herowith and, upon dsmand, ahetllbtthwl}h pay the name m Piotreer. DBVEtAPBR CONfRAC]'OR: F.eatam go Co tar BY; u~a ciy of s It's Purze~as~~L YVt~H~~2 PURCHASE AGREEMENT AND PROGRESS PAYMENT FOR BITTERCREEK LIFT STATION AND PIPELINE, Page 7 10/23/2009 18:36 FAI 208349323E PfiRRINS COI13 $QIFd3 1002 Richard C• Bnard~oau luau RBoa~dman(gtpcr~cinacolcrgm October 23, 2009 BY FACS>fN>tILLE AND l'ERT7FFIED >viA1L CH2M HILL c/a Perrin .Robinson 322 E. Front Street, Suite 200 Boise, ID 83702 Z08.345.5315(facsimile) James L. Jewett J.L.J. Enterprise8, Inc. 1560 Garol Street Meridian, ID 83642 208.955.665E (facsimile) EXHIBIT "C" Perkins Cole tm Wssk lafienon Str~eL SuRe 5oa , Bolsc,iD697oz-53gt ' WION620g.34}j¢}4 rnw zo8,3q;.g2~ , wwrr<perklnamlmwm The Lead Grottp, Inc c/o Eason Densmer 462 E. Shore Drive, Suite 100 Eagle, ID 83616 208.939,4445 (£acsimile) Re: Bitter Creek Y,ift Station and Pipelines Project NOTICE OF 1NT~Nx' TO ~RMINATE Centlemert: Please be advised tbat, unless Bastern Oregon Construction, LLC ("BOC") receives full payment of its first and geeond App]ications for Payment (the "Applications") by October 30, 2009, EOC intends to exercise its right to terminate the Construction Agreement between J,L.J. Enterprises, Inc. ("Owner") and EOC relating to the Bitter Creels Lift Station and Pipelines Project ("Project' pursuant to Sections 15.04.A.ii and/or 15.04_A_iii of the Agreement C3eneral Conditions. The En[~[;ineer (CYI2M HILL and file Land Group) has failed to act on and/or Owner has failed to pay both Applications which are past due pursuant to tha Progress Payment provisions set forth in Section 14 of the Agreement General Conditions: EOC has complied with all progress payment procedures and timely submitted the Applications to the Engineer on PLUgltst 19 and September 19, 2009, respectively. Pursuant to Section 649SS-OOOPJl.BOAL 171879!7.1 ANCHORAG! - OFIJINO 0lLLlVU! RDISF CHICAGO OFNVit LOS ANGiLFS JJIADISON MFNLO PARK • PHOEN11f PORTLAND • iAN FRAHCIStO • SlATTL! • SH ANG HAf WASNINGTO N, O.C.' Prikf n7 Cdr W Dll(1 A'f~ll'dt83 PURCHASE AGREEMENT AND PROGRESS PAYMENT FOR B[TTERCREEK LIFT STATION AND PIPELINE, Page 8 10/2x/2009 16:37 PAZ 20834x3232 1'13RICINS COI$ BOIFAZ fm00a October 23, 2009 Pttge 2 14.02,$,1 of the Agreement General Conditions, the Engineer was required, within 10 days of receipt of the Applications, to either recommend payment and present the Applications to Owner or return them to 1?OC and provide a written explanai:ian for refusing to recommend payment. As neither Application has been returned to EOC, paymart bas been recommended by the Engineer to tho Owner. ):'ursuant to 14.02.C.1 of the Supplement~y Conditions othee Agreement, psymerrt by Owner became due 20 days after the Engineer's recommendation tv the Owner and is past due on both Applications. Pursuant to Idaho law, interest began to accrue on the principal arnotmts at the rate of 12% per annum when they became due and owing. EOC is unable to co7rtinue proceeding with work on the Project without receipt of payment. Although other circumstances have arisen on the project (due to no fault of EOC) which have affected 1?OCs ability to proceed, there is no excuse for thq failure of payment to be made on undispv#ed Applications for work completed to date_ As the contrtictor, HOC cannot be expected to continuo performing work and incurring significant additional expense in the absence of payment. 1300 would prefer not to exercise its right to terminate the Agreement and continue ass{sting the Owner and the City of Meridian to reach an amicable resolution of the issues behveen them. However, in the absence of payment; BOC must protect its interests and exercise its rights under the Agreement to do so. 1300 is hopeful fLll payment of the Applications will be roceived by the October 30, 2009 doadline, please further note that EOC submitted its third Application to the E~agineer on October 20th. BOC reserves its rights and remedies with regard to all other relief available under the Agreement and at law, including but not limited to r~eeovery of the Claim presented in my Letter of October 13, 2009 and recovery of all costs and related items set forth in Section 15.03. Sincerely, • rr~~'~- Richard C. Boardman RCBxgj cc: William L.M. Nary (by facsimile [20$.884.8723]) Weston Wettstein {by email) ' Stephen GledhiII (by small) 649J8-OOOJLEf3AL17187927_I PURCHASE AGREEMENT AND PROGRESS PAYMENT FOR BITTERCREEK LIFT STATION AND PIPELINE, Page 9 EX~IIBTT KD" ~~ ~~~~ v~ THB LAND GROUP, 2NC. December 11, 2009 Project No. 109031 Mr, Jim Jewett J.L.J. Enterprises, Inc. 1560 Carol Street Meridian, -D 83642 Re: 8ittercreek lift Station & Pipelines -Eastern Oregon Constroctlon Pay Application #3 (revised) and Pay Application #4 Dear Jlm: I have received and reviewed a revised Pay Application #3R from Eastern Oregon Construction for work on the Bittercreek Uft Station & Pipelines project through September 20, 2009. I recommend payment of the revised application in the amount of $154,238.00 less retention of $7,961.00 for a net payment of $151,276.10. In additron, l have received applications and supporting information requesting payment for stored materials on the project (processed as Pay Application #4, although no work under the contract is included). Working with J.L.J. Enterprises personnel, the quantity and location of the stored materials have been verified. The total recommended stored materials payment Is $118,920.09. To date, I have recommended the following payments: Pay Application #1 (Aug. 19, 2009) _ $39,551.00 - $1,977.55 {retention) _ $37,573.45 Pay Application #2 (Sep. 20, 2009) _ $70,020.00 - $3,501.00 (retention) _ $66,519.00 Pay Application #3R {Oct. 20, 20D9) _ $159,238.00 - $7,961.90 (retention) _ $151,276.10 Pay Application #4 (Nov. 20, 2009) _ $118,920.09 stored materials Total payments recommended = $374,288.64 Please let me know if you have any questions. Sincerely, ~~~ J on ensurer, PE Principal Civil Engineer The Land Group, Inc. t Site Plann[ng • landscaple Archtt4cture • CiNI Engineerkig • Golf Coujse Irrigatiotl & Engineering • Graphic Qasign • Surveying 462 E Shore Drive, Suite 100 • Eagle, tdaho 83616 • P 206.939.4041 • F 208.939A445 • www.thelandgroupirK.coru PURCHASE AGREEMENT AND PROGRESS PAYMENT FOR BITTERCREEK LIFT STATION AND PIPELINE, Page 10 MERIDIAN CITY COUNCIL MEETING December 15, 2009 APPLICANT ITEM NO. 8B ~ -2 REQUEST Continued Public Hearing from June 9, 2009: Meridian and Amity AZ 08-005 and VAR 08-008 by Hawkins Companies Located at the Northwest Corner of West Amity Road and South Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MAYOR'S 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: See Attached a ~.o ~ o ~~ ~.~~ C~,~~-` ~~~! x.10 ~" - OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING December 15, 2009 APPLICANT ITEM NO. 9A1 REQUEST Summary Staff Report of ACHD 2011-2015 Draft A of Five Year Work Plan AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MAYOR'S DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Aftached Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. December 10, 2009 TO: Mayor Tammy de Weerd Meridian City Council FROM: Caleb Hood, Planning Manager RE: ACRD FYWP 2011-2015 Draft A City Council Workshop Agenda Item, 12/15/09 ACHD recently released Draft A of the Five Year Work Plan (FYWP) for FY11-15 for agency review. At the direction of the ACHD Commission, ACHD Planning and Programming Staff have decreased the project estimates (costs) from last year's FYWP at an average of 20-25%. This is due to projects coming in consistently below the engineer's estimates. This approach not only allows projects to proceed in the FYWP, but also allows additional projects into the FYWP. However, because no one knows how long the current bidding and construction cost environment will last, ACRD will be designating in the FYWP which projects will be the first ones to get delayed if revenue is not available to cover costs. This flagging of projects for potential delay will be new in the FYWP process and will first be used when Draft B is created. Last year the City submitted some comments to ACHD via the Transportation Task Force (TTF) regazding Draft A. This yeaz, the release of Draft A and a TTF meeting do not match up. Therefore, I am summarizing all of the Meridian projects in Draft A in a table (below) and highlighting specific "priority" projects. During your December 15~' Workshop, I will be available to take notes on any comments you would like me to forwazd on to ACHD Staff regazding Draft A. NOTE: The table and summary below do not include all Meridian projects; it includes roadways and new and rebuilt intersection projects only. Community Programs projects, Intelligent Transportation Systems (ITS) projects, bridges, safety and maintenance projects aze not pazt of this report. 1. Eagle, Victory to Ridenbaugh Canal: This is the City's number one priority project and has been delayed in previous years. This time azound I do not have to provide you with that news. In fact, ACHD is planning on advancing the construction timeline for this project. In the adopted FYWP, the project is scheduled to be bid in the fall 2010 (FY 2011) and completed in August 2011. ACHD is proceeding with updating the plans (on the shelf since 2006), and beginning work on the Ridenbaugh crossing while there is no irrigation water; pipes to be installed before March 15, 2010 (NOTE: This scenario requires Army Corps Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org Page 2 permits and obtaining a contractor to finish work in a tight time frame. So this is not a given.) The Victory/Eagle intersection could be built in April-September (6 months time frame). The Ridenbaugh Bridge would be constructed in November/December of 2010 and the paving would be complete in the spring of 2011. Project would still not be complete unti12011, but this accelerates the project by approximately 4-5 months (and the Victory/Eagle intersection could be functioning as a 3x3 intersection (ultimate is 5x5, but roadway widening needs to happen before full intersection can be opened) by October 2010, about 10 months eazlier than the current schedule.) ACHD is still evaluating this opportunity, pipes need to be in place and revenue needs to be available; there are several pieces that need to fall in place for this to happen. Staff is optimistic and will continue to track this as ACHD moves forwazd. 2. Ten Mile, Cherry to Ustick: In Draft A, this roadway project is delayed one yeaz, from 2014 to 2015. However, a major piece of this project, the Ten Mile/LTstick intersection moves up in Draft A to be constructed in 2012. As we requested to ACHD, they are programming this intersection improvement to be ready for Ten Mile Interchange traffic. Staff is supportive of this proposal as it gets the City's number one new intersection priority constructed. (NOTE: See attached spreadsheet for a status update of all the priority intersection projects that the City requested neaz the new Ten Mile Interchange area.) 3. Ten Mile, Overland to I-84 (gap): Draft A shows this portion of the Ten Mile, Victory to Overland project being accelerated from OF to CN in 2011. This construction project for 2011 would ensure that there is no gap in Ten Mile Road, between the on/off ramps to I-84 and the new, realigned Overland/Ten Mile project. At the direction of the Commission, ACHD Staff is proceeding with design and ROW for this project now. The construction costs will be acted on at a later date by the Commission. 4. Fairview Avenue: In Draft A, as well as the adopted FYWP, there is $1.3 million for access management along the Fairview corridor. However, because the Access Management Plan (AMP) for Fairview, Orchazd to Linder, has not been completed and adopted by Meridian, Boise or ACHD, AMP related improvement construction has slipped from 2013 to 2014. NOTE: Programming for widening of Fairview in this corridor is designated as unfunded in Draft A; same as adopted FYWP. 5. Ustick Corridor: As the City requested in our priority cover letter to ACRD, Ustick from Meridian to Eagle Road has significantly advanced in Draft A. Ustick, Locust Grove to Leslie Way (neaz Eagle Road), has advanced from OF in the adopted FYWP to CN in 2013 (this project includes a rebuilt intersection at Ustick/Locust Grove). Ustick, Meridian to Locust Grove has advanced from OF in the adopted FYWP to CN in 2014 in Draft A (this project includes a rebuild of the Ustick/Meridian intersection.) And Ustick from Duane Drive to Five Mile has advanced from OF in the adopted FYWP to CN in 2015 in Draft A. These projects were the City's number 10, 11 and 12 roadway priority projects. Page 3 Some of the other projects of note that have the same CN date in Draft A and the adopted FYWP include: 1) Downtown Split Corridor Phase 2, City's number two priority. Construction is shown in 2013; 2) Franklin, Ten Mile to Linder, City's number four roadway priority is programmed for construction in 2012; 3) Pine/Linder intersection, City's number four new intersection priority is still programmed for construction in 2012 (NOTE: this section of Linder Road widening remains unfunded.); and, 4) McMillan/Locust Grove intersection, City's number five new intersection priority is still programmed for construction in 2011. Staff will continue to be involved in the programming process at ACRD and bring information regazding Draft B back to the Council in January. If after reviewing the table below, you would like additional information on ACHD's FYWP feel free to contact me. Or you can go to: http://achd.ada.id.us/Departments/PP/SYeaz.as~x qty's PrlaHty Rank DRAFTA Probed 2011-2015 Stag (wages foam adopted FYWP In BOLD) Re6aUt ArteHal Roadways ~',~ '°=' One 'did-n~ m R~dence to ~'e F ROTE: ACRD Is to oking Into aceeferatfng construetlon to , _g trepln In FY201Q - scr memo for Qotails ~J' e Il I~C,T r q,Z'-0! i^C~r' w C r. „_ ~ ..... ~i~~`J acu5-~ ~ i 7e~~ : I n. e -xr c Pra~.'dm ~~,ad, T-a Cale _~~~ner _ C; _ql? - 5!o than CN 7015 -Delayed wid eninq 1 year from 2619; ?en y.., Fcad, CFer^/ to ~Je-_ G, hovrever, Intor :ectlon of Ten Mllnl Ustlck advanced , . from 201J Lu 2012 -see memo for more defails .,._... _ . ...... nr _ a;c-.r eed~:~ c L ~cusC 6r.,~~t - ;.: Fi ,~P; ~ '~i=,nc~ Li~ce~ Rc d ". c< m h'[~l hn ~ - a F''l:G~ ,. ~h_nce _ ~~ ~ _ E _ zta ~ (o. mt.~ Naf En F1`MiP-P ^.ien ~ ' ' _ _ _ CQ1241Aj Vt25 OF In FYW P-- 1 0 ~ 3oac t U-bc erlC lon to La^~. st C--o~,t L --- iJ,€C~ ~~ 'd. Lbeu:,"- Gr~~:c uw LcSie Ylay~ (~aq(+i5`*. s~; ~~ 2QE3~wa~~s OF In FYV1P U r._k ?.o~d L. r,re G Er--,, re ~aru~'c Cad 3tl15' eras FD In FYWP =on cs~-, ~~la'e ] 3 Ter '•: -, U h to '~'a?ii_-- - T~r "'e &c- '~-n :o C"'. rc~ iJ._ it F l'; P; C ~ cia-. ° :5 L ~.Se~ toa ' ~~ ~rn5cs- i0ie~len t, FYn31 nl -~ in FY'.:'P; ~ ~ C~'r r.e .6 Pear'<=.n 8oe:., 8 ~ck CAS tc T~~ 14 _ PD In FYLN P; was OF in FYY'JP ~~~~~ ~ :. ,rte. ~ . ',:e rJ a ,c Lr o . r -~ '013 fc' c- e.. nv~fc' c ~. e.ce 'ng I ~ UF.^. r ,. P;o __ , ~ . .. I - ~~,_ Page 4 I s.r; ~tu3Poreer r,,c_s,cs ~:~:f~~ c suFi-FV ~~~._ ~,. L„a„-,~,;,~~ ~-:~i, ~~„i ,, ~ ~ OF In FYWP; Wasatot in FYV1P 7: f' - 5sr., F : j, u~t _'•. t •.~ c~,n k.r ~n ;'iWP• No ch0rr-,- :_i htertdiatt Road, Fa7rvtea - tc u~i'~~>, f:~! ir, ~""',t~dF; Nathetr~:, hteridi3n Fcrad h'{ctAtlla, ~ (_ ~:ir_--: f;~t In-fVJP~ Nu char.-;e 1a ~ Ust(ckRoad Undo--o lac;~,,_r. f;-a~. ir, ~'~ry~{P• Noshar,.~ _ .-_. Ustlcr: fload, Teti ~'J.e ~~ t.~n ~~.. f:.:r i~ ~-YYd(': Alocharn~ c~ LI ~~' 4.na] fol. ~. ]-~ t~ -1i'I _--.__-__-_ fJ^f .. ,_h~]~, .~~ _. tei t4 i'z- R~ ~0: ':~~~. rp t=., ~.a-P,nJ CN 2011 for portlan brhaeen Into r; 0.ete and Ovcr;.ind - remainder OF in FYWP; Was not fn FYWP-see ttteino for dctail~ <h I~.Jcr ~%.car-, ~a-rr; ~,, U>~. l OF In FY~+yPi Wd5 not In FYWP '9 L ~ r;i ~ . Ov.~rl-~r,v I n:i•,. 'I - !~I ~~bY~'-~'1 ~h7i•7c .0 r ~,~:~r d~ r ~I sie ~ 1,. , .,~ ,_i. ~ ~, trr cv ,~, m -:i ~~~.. r , :.: ri,•>Jfig is rc_ n _ : CiP or r~u __ -y i'I., ., J,t713 ~i6',C __. ~- if r I rc•,a ~,, rc ~,r~,;,~~r rt cv zoxl, tv~,s cN zolz NA Mch7illan Logic[ Grovc to Ea k° OF in FYLYP Naw IiKaraectiora 1 Ten Mq CW 2012• Wes GN 2014 2 Ten Mq Chlnden Not In FYWP• No die e 3 Ten MA CN 203b Was PD In FYWP roundabout? 4 rider CN 2012• No dta e 5 McMtQan/Laaut Grove CN 2011; amerWy In design -should be canpl~e by end of r No chars e 6 Lowst do 'UF In FYWP• No a 7 B nicgn CN 2O1B•' Was PD In PYWP roundabout 8 Black PD to FYWP• Wes OF In PYWP roundabout? 9 Brit CaVUstldc Not in FYWP; NO diar~e 10 Teri' Mtle /un CN 2014• No dra a urtdabout 11 Oveftand/Linder Not In FYWP; No dtange NA Aml /e le OF in FYWP (roundabout) NA+' Eagle/Vldory CN 2012 ~ IndudedR~ aYintatsactlon ~Eege, Wctoryto NA Am Blaek Cat LF in PYWP roundabout NA Aml a uF in FYWP NA Lake No=el Meridian Roiad CN 2015• In Ada but s AOI Rebuilt Intera~tlons t' Uo.tk; I. c..a l i:~. n._: CN 2013; 4'Ja^. PD IIY FYWP `City Included thl3 lnterxction In the Uctick, Locust Grove to Leslie RnadvJoy project (priority X11) ~JJ.c~i P;er;9:'.n CN 2014; LVas not in FYWP - Clty included this into rsectlon in the UsUck, Meridion to Locust Grovc 17oadv~ay project (priority X10) ___- r I~,r't _ a Gro. ~- ' of to FYYJP• N -,an_ _ I _ _ ~~-I°',rl.~n[.~. _____._-. __.-..._ ~:aLtn~`NF°R - other/Mlecellaneous 3 (r i-~avs) Br0odwey`^s.,rn~ .................. "'ctloFY'IJporQP;NOCh~n~~ XX fial'~ Corzldvr:!?resen-a h. ~: I.,~tlz,~Grn Plct In FY'L'P orpP Gut 45 Ln~uer 4`r3lety~ NoChattye.. E (r~iu::m~) F. 7~ Cnnnectlnn r;ot in Pr~~:T; fro change MERIDIAN CITY COUNCIL MEETING December 15, 2009 APPLICANT ITEM NO. 9A2 REQUEST Overland Road Design -Median and Access Discussion with Staff and Property Owners AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MAYOR'S 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 .~~,,~~ ~ ~~ ',~~. ~~- "~'j~ U --~-1' y1~:Q Y Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. December 10, 2009 MEMORANDUM TO: Tammy de Weerd, Mayor Meridian City Council FROM: Anna Canning Planning Director CC: Meridian City Clerk RE: Overland Road Medians -Pros and Cons Analysis City Council Workshop Agenda Item for December 15, 2009 Background In 2007 the City adopted the Ten Mile Interchange Specific Area Plan. The Plan defines Overland Road, between Ten Mile and Linder, as a 4-lane parkway with landscaped medians and limited access points. The concept of medians on this segment of Overland Road has been part of the South Ridge Subdivision plans since 2007. The City approved the Southridge project with the median concept. However, ACHD Commission action on the preliminary plat of South Ridge deferred action so that ACHD Staff and the property owners could work out median locations. There are six properly owners on the north side of Overland Road in this section that have not developed or annexed into the City. Status In coordination with ACRD, the Southridge developer is in the process of relocating and reconstructing Phase I of Overland Road, between Ten Mile and Linder. Phase I includes portions of a center median. ACRD is preparing to fmalize the design for Phase II of Overland Road, Ten Mile to Linder with plans to construct the northern travel lane and associated improvements (center medians, curb, gutter, sidewalk, etc.) in 2011. The ACRD Commission has scheduled a public hearing for December 16~' and invited property owners in this section of roadway whose driveway access will be impacted by this roadway project. ACRD Staff is seeking Commission action regarding the design features of Overland Road, before fmalizing the plans. While creating the Ten Mile Plan, medians were discussed, but the affected Overland properly did not comment to the Council on median design and location. Staff believes that it is appropriate to give the property owners an opportunity to talk with the City Council about the plan to limit access on Overland Road using medians. City Staff recently met with some of the property owners in the area of this roadway project. Staff has compiled a pros and cons list below to help portray some of the goals of the Ten Mile Plan and the property owners concerns. The "pros" column identifies reasons that ACHD should construct center medians and limit access as envisioned with the Ten Mile Plan with their roadway project. The "cons" column identifies reasons the median should not be constructed as articulated by the property owners' from our recent meeting. Staff has invited the property owners to the workshop, and we would ask that Mayor and Council allow them the opportunity to testify. Pros 1. ACRD is willing to install the ultimate, complete street section, including medians, with the project in 2011 2. Long-term access management provisions for Overland Road will be in place immediately and the City/ACRD will not have to restrict access further in the future 3. After Ten Mile Interchange opens, Overland Road traffic volumes are expected to significantly increase; medians will be needed for efficient traffic movement 4. If not installed with the roadway project, there is no practical mechanism to require the installation of the center median as properties develop in the City 5. Installation would be consistent with medians on Ten Mile Road and Franklin Road widening projects that are moving into construction in this area 6. Left turning movements become more difficult and dangerous on high volume roadways 7. Through design, radii could be accommodated for "larger" vehicles to make right-in/right-out movements 8. City has a plan and a vision for this area that includes medians in Overland Road Cons 1. Cost to ACRD/City (taxpayers) to install and maintain landscaped medians is not an efficient use of money -now or into the future 2. Medians and limited access hampers development potential of property 3. Properties in this area are largely undeveloped and have very few trips per day in and out to/from Overland; allowing full-access will not "tank" the efficiency of the road 4. Could be installed at a future date (or not at all) 5. This would be the only section of Overland in Ada County with landscaped medians - it would be out-of--place 6. It will take longer for EMS to access properties 7. Long-term residents and owners have not developed and would be impacted by restricted access -many have large farm equipment and vehicles that have require big turning radii 8. Properties have already been negatively impacted by government as property was "taken" for I-84 and Overland already Staff understands the concerns from the adjacent property owners and believes some interim compromise for access may be in order. For example, maybe driveways can be widened and/or cuts can be allowed temporarily for the property owners. However, in no interim situation should a long- term sacrifice be made to the function of this principal arterial roadway. If there aze any interim mitigation measures that the Council would like ACRD to explore through design of the roadway, Staff would be happy to present those to the ACRD Commission on the 16`". Page 1 of 1 ~~~ Jaycee Holman - - - - - From: Anna Canning Sent: Tuesday, December 15, 2009 2:27 PM To: Jaycee Holman; Tammy de Weerd Subject: FW: Ten Mile Specific Area Plan (CPA-07-007 and CPA-07-008) Mayor, Please see the summary of testimony below. Be Seeing You, Anna From: Bill Parsons Sent: Tuesday, December 15, 2009 2:02 PM To: Peter Friedman Subject: Ten Mile Specific Area Plan (CPA-07-007 and CPA-07-008) Pete, I did not find any record of Van Auker testifying at the either the Commission hearing or the Council hearing. Commission action was taken on April 5 and 19, 2007 and the Council approved the plan on May 22, 2007. Persons testifying at the Commission hearing include Kevin McCarthy, Jim Jewett, Jim Mashburn, David Turnbull, John Peterson and Steve Bainbridge. Members of the public testifying at the Council hearing include Mel Shoemaker, Peter Oliver, Shirley Meyer, Bryce Jeppsen, Dave Roberts, Bruce Davis, Becky McKay, and Jim Mashburn. Let me know if you need any additional information. Regards, Bill Parsons Associate City Planner Meridian Planning Department 33 E. Broadway Avenue Meridian, Idaho 83642 PHONE: (208) 884-5533 FAX: (208) 888-6854 bparsons~meridiancity. org • 12/15/2009 ~ ~ ^ C O M P A N I E S ~;C:~;~~~ aka DED f 5 2~~ CI 1 i OF V-~ ~o~Me CITY CI.~RICS AFFI(~84 East Lanark Street Meridian, Idaho 83642 (208) 887-7994 tel. (208) 887-7998 fax December 15, 2009 Mayor Tammy DeWeerd Meridian City Council 33 East Broadway Avenue Meridian, ID 83642 Re: Overland Road Medians and Access Dear Mayor and City Council: Thank you for taking the time to address the issue of access and medians on Overland Road. We own significant commercial and industrial acreage on Overland Road between Eagle Road and Ten Mile Road and we encourage the City of Meridian to allow generous ingress and egress on Overland Road and eliminate any proposed medians. Limited access and medians impede growth and severely limit development and commerce in industrial and commercial areas. Industrial and commercial properties require visibility and ample and easy access. If trucks and delivery vehicles are not provided ample and easy access, land will not develop or if it does develop the buildings will be difficult to lease or sell and the area will become blighted. A perfect example of the limitations presented by medians and limited access can be found in Nampa on Northside Road/Nampa Boulevard between I-84 and Nampa- Caldwell Boulevard. Because of the restricted access and the median, there is no significant development. Considering that there is an interchange at the freeway, there should be ample development along this two mile stretch of road. We strongly encourage the City of Meridian to be liberal in the access to property along Overland Road and eliminate the medians. Thank you for your consideration. Since ~ ~ ~:~ ~ /~ G .''~ ~r r Ronald W. Van Auker MERIDIAN CITY COUNCIL MEETING December 15, 2009 APPLICANT ITEM NO. 9A3 REQUEST _Energy Grant Prioritization AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MAYOR'S 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. 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W ~ U 1 ~ :~, ca ~ W 4 ~ ~~o v a ~ ~ ;~ ._ _ ~ .~ MERIDIAN CITY COUNCIL MEETING APPLICANT December 15, 2009 ITEM NO. 9A4 REQUEST Planning Department Strategic Plan Discussion AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MAYOR'S 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 Affached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. c 0 a., ' a c ~ u ~ ~ ~ co Q ~~ u ~ Q u oAU,° c ~ m ~. O~ O O N L v E v u v 0 ~I ~~ ~_~., . ~. ' 4 ~ ~~~~~ _. ` ~,_ ~ ... ~~ ~~~ r .. -. ~ ~~ 11 T j7Fjj ... "~;'~ ' ~`___, ~ ~ ~ i n 3C ~ ~i ~~~~ r. ~~~ ,.. v 9f :.s ,. ~::. ~r...: "'~„ -1~-~ u u .L -'v u u a. 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' ~ ~~ ~ ~ , `~~ t~ G ~ ~ ~ ~ ~ l~, ~ !M ~ ` { tj ,~ ..,~ ~ ~ . V ~ ,~~ ~ V ` ` ~ 1~\~ ~ -R ~ ® V- :~ O \ ~1 V .-. . ..,. t ^ r ~ V1 MERIDIAN CITY COUNCIL MEETING December 15, 2009 APPLICANT ITEM NO. ~ OA REQUEST Ordinance No. ~~~ - I~~ :Sign Code Revisions AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MAYOR'S 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: See Attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. ~ t( BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING PROVISIONS OF TITLE 11, MERIDIAN CITY CODE, RELATED TO SIGNS, REGARDING: DEFINITIONS; SIGN MEASUREMENTS; NONCONFORMING SIGNS; ILLUMINATION; PURPOSE, APPLICABILITY, AND PROCESS OF SIGN REGULATIONS; PROHIBITED SIGNS; SUBDIVISION IDENTIFICATION SIGNS; MARKETING SIGNS; CONSTRUCTION SIGNS; BUSINESS IDENTIFICATION SIGNS; SIGNS OF LIlVIITED DURATION; VEffiCLE SIGNS; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, over the last year, a committee composed of members of the Meridian community including representatives of sign companies, churches, and businesses, as well as City law enforcement and Planning personnel, convened several times to collaboratively identify and address problems arising within Meridian related to signs that are erected or maintained in a manner that creates or contributes to: traffic hazards aad distractions, visual and physical clutter, unsafe or disorienting situations, public health or safety risks, and aesthetic blight, while also recognizing and protecting the potential value of safe, compliant signs to the local economy and the general public; WHEREAS, the principle having been established that regulations limiting the physical characteristics and location of signs are appropriate where such regulations are content neutral and/or advance legitimate government interests; WHEREAS, in consideration of the recommendations of staff and the sign committee and the prevailing constitutional jurisprudence, the City Council of the City of Meridian hereby seeks to regulate signs in acontent-neutral manner that protects the safe movement of pedestrian and vehicular traffic, promotes pleasant aesthetics, and minimi~.ec ~~ and physical clutter throughout the community; WHEREAS, the City Council finds that these provisions of Meridian City Code establishing permitting requirements and standards for signs are narrowly tailored to advance these enumerated significant and legitimate interests; WHEREAS, the City Council finds that, even under these narrowly-tailored, content-neutral standards and restrictions, ample alternative methods are available within the community for the communication and dissemination of information, both sign- and non-sign-based; WHEREAS, the City Council deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate the following changes to the provisions of the Unified Development Code relating to signs; and UDC ORDINANCE AN~NDMENT-SIGN CODE Page .1 of 38 WHEREAS, the following provisions aze not intended to, and do not, restrict speech on the basis of its content viewpoint or message, as is evident in that any classification of signs in this chapter that permit speech by reason of the type of sign, identity of the sign user, or otherwise, shall and do permit any type of speech on the sign; that no provision herein is construed to favor commercial speech over non-commercial speech; • • NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the following enumerated provisions of Title 11, Unified Development Code, of the Meridian City Code shall be amended as follows: Section Tezt 11-1A-1 ARCHITECTURAL BLADE• An integral part of the design and function of the structure rather than an ob'ect added to or standin on the structure. CANOPY: A roof like structure projecting from the exterior surface of a l~rildthg; structure and of sufficient hei t and design to drive under Detached canopx structures. e.e., a fuel station facility shall be considered a separate structwe-but FLAG: Anv fabric. banner or bunting containing distinctive colors patterns or symbols. used as a symbol of government. political subdivision or other entity _ ILLUMINATION: See SIGN CHAPTER DEFINITIONS for definition of illuminated sien. MURALS AND ARTISTIC GRAPHICS: Any abstract mosaic, mural, painting, graphic art technique, or any combination thereof that does not contain any copy, business logo, or other visual elements intended to advertise. UDC ORDINANCE AMENDMENT -SIGN CODE Page 2 of 38 r~ 11-1A-1 > > ..1.1: Qe.. ~... 1 s: t t eT1 t r ,_ . ., Y e ~ SIGN CHAPTER DEFINITIONS (chanter 3 article D of this titleZ d sei~iees: ~' Awning Sign: The copy area or separate background areas attached to an awning. Background Area: The area comprising the portion of a sign on which copy could be placed, not including the supporting structure. Banner: Asian made of fabric or other similaz non-rigid material with no enclosingframework or electrical components that is supported or anchored on two or more edges or at all four corners. Banners also include non-ri id signs anchored slop one ed a or two corners: i i~~ ~~ UDC ORDNANCE AMENDMENT -SIGN CODE Page 3 of 38 Building Sian Allowance• The allowed sign area for each elevation excluding freestanding signs and includin awnin signs canoQy signs changeable c~.y siitns, hanging signs~rojecting signs wall signs and window signs Business Identification Si • A sign that serves to identi only the name address and lawful use or uses of the premises upon which it is located and provides no other advertisements or product identification Cano~py Sign: The copy area or separate background areas attached to a canoQv_ Changeable Copv Sign• A sign on which coQv may be changed whether manually or electronically: A. Animated Changeable Copv Sign• A changeable copy sign any visible part of which blinks, flashes, moves or changes color to depict action or create a special effect or scene re ardless of the source of ever causin the animation. B. Manual Changeable Copy Sign• A changeable copy sign _any visible part of which is constructed with removable letters and is not electronicall char sable. Conforming Sign• A sign that conforms to the requirements of chapter 3 article D of this title. Construction Sign: A sign on a property or portion thereof that has a valid and active building.permit. Copy: . Any combination of letters, the space between the letters numbers identifyin$~rint. bols illustrations, logos or other graphic elements which conveys information. Copy Area: The area of the sign occupied by copy as defined herein muted e€~he-espy. Directional UDC ORDINANCE AMENDMENT -SIGN CODE Page 4 of 38 n n n• n n n r ~ , A freestanding sign directing automobile movement throu~ll a site that has adrive-through establishment Freestanding Sign: A sign whose background or copy area is wholly supported by a column, pole, foundation, pedestal or other support structure in or upon the ground and that is independent from any e-eF other structure. Freestanding Sian Allowance• The allowed sig[I area for a property excluding building sisrls and including freestandin suns directional signs and banners and/or other signs attached to freestanding structures such as a pole Hanging Sign: A si,~I suspended below an awning and/or a canopy. Illegal Si,~n•., A. Anv sign and/or sign structure that does not confornl to the requirements of chanter 3 article D of this title and for which a Hermit was never issued and that cannot meet the requirements of a nonconforming sign B. A sign and/or sign structure lacking a current and valid rmit Illuminated Sign: A sign that uses a source of light for illumination, including but not limited to the following• A. Direct illumination• A source of light located away from the sign that li is the sign and is visible to persons viewing the sign from a street, sidewalk parking area or nei hg boring_~ropert~ UDC ORDINANCE ANIETiD1~NT -SIGN CODE Page 5 of 38 • B. Indirect illumination: A source of light located away from the sign that li -ts the Bien. but which is itself not visible to persons viewin the sign from any street. sidewalk parking area, or nei hg_boringpro~ertv C. Internal illumination: A source of light that is concealed or contained within the sisn and becomes visible in darkness through a translucent surface D. Neon tube illumination• A source of light for externall lit signs supplied b~ neon tube that is bent to form letters symbols or other shapes. E. Limited Duration Sign• Any sign allowed only to be displayed for a limited period of time and capable of being viewed from any street, sidewalk parking area or abutting_nroperty. Marketing Sign: A sign , on a pro eg_rty or any~ortion thereof available for inspection, sale, lease. or rent, but not including limited duration signs • Nonconforming Sign: A sign, sign structure, or use of a sign lawfully e~istthg xisting_prior to January 1, 2010 but that does not now conform to the dimensional and/or locational standards for the district in which it is located. Off-premises Outdoor Advertising Sign• Any outdoor sign, display li t, device figure, paintine. drawing. message plea ue poster billboard or other thin which is desisned, intended or used to advertise or inform and which is situated in order to be visible from any highway or other traveled way and which is located on property which is separate from and not adjoining the premises or property on which the advertised activity is carried out (See Idaho Code § 40.1910A ) Pole Cover: Decorative s~t~et~e-eF treatment that encloses the support structure of a freestanding sign. Portable Sian: Any A-frame T-Frame and similar freestanding movable signs that are placed on the sidewalk for the promotion of a business and/or product UDC ORDINANCE AIvIENDMENT-SIGN CODE Page 6 of 38 • • • Projecting Sign: A sign other than a wall sign, that projects from and is supported entirely by a wall of a building or other structure. the-l~ > > Roof Sign: Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure or extending vertically above the l~igl}esE parties eaves of the roof, with the exception that a mansard roof sign is treated as a wall lien. Scrolling: Text or graphics, usually as part of an electronic reader board, fihat which moves up or down or across a display screen in a consistent and predictable manner. Sim: Anv device. fixture. placazd. or structure that uses any color form graphic illumination, symbol. or writing to advertise announce the purpose of or identify the nuroose of a person or entity to communicate information of any kind to the public. See figure 1. section 11-3D-1 of this title Sign Structure: Any structure that is specifically designed to support a sign, including decorative cover. Subdivision Identification Sign; A freestanding sim that identifies a platted subdivision name or the name under which such subdivision is being mazketed UDC ORDINANCE AMENDMENT -SIGN CODE Page 7 of 38 • • n ~~ Under Awning Sion: See definition of Haneing Sign Under Canopy Sign: See definition of Hanging Signn Vehicle sign: A sign on a vehicle of any kind that is directly affixed to the body of the original vehicle, including but not limited to magnetic decals vinyl stickers vinyl wraps, and/or paint. Wall Area: The wall surface of a single tenant structure or the storefront of a multi-tenant structure. Wall Sign: Any sign that is attached, erected, or painted on the exterior wall of a structure with the exposed face of the sign parallel to the wall. ~41se-lc-~ter~-as-a €ase~a sigh: Window Sign: Any sign, > , upon or within twelve inches (12") of the windowpanes or glass of a window and visible from the exterior of the window. 11-1-SB B. Measurements: 3. The area of the si background shall be computed by measuring the area enclosed by straight lines drawn to enclose the extremities of the co~~ When computing the area of si n back oun only the face or faces that may be seen from one direction at one time shall be considered If a sign consists of individual letters only the total area enclosed by straight lines drawn to enclose each letter shall be computed as si background area 4. The height of a sign shall be coin uted by measuring the distance measured vertically from the top of curb of the abutting street (or where no curb exists. from the edge of pavement) to the hi est oint of the sign or visual appurtenance(s) The height of any landscape berm or other structure erected to support or ornament the sign shall be measured as part of the sign height This allowance does not apply to streets that are cart of a freeway interchange or overpass UDC ORDINANCE AMENDMENT -SIGN CODE Page 8 of 38 • • 5. For residential subdivision identification signs sign height applies only to that portion of a structure which is ph sically supportin the sign background area. Other architectural elements primarily related to an entry feature that may be associated with the subdivision identification sign are not regulated as part of the si height 6. The proiection of a sign is measured by the distance by which a sign extends beyond the buildin line 11-1 B NONCONFORMING PROPERTY, USE ~A~STRUCTURE OR SIGN 11-1B-1 Purpose: The purpose of this article is to allow any nonconforming property, use, or structure that lawfully existed prior to September 15. 2005 and any si n~that, lawfully existed prior to January 1 2010 , °~-~ :in-~lo to continue until they are removed, but not to encourage their continuation. It is further the intent of this article that nonconforming properties. uses, structures, or si ns shall not expand or extend the nonconforming aspect of the property, use, eF structure, or sign unless approved subject to a conditional use permit as set forth in , " "Section 11-SB-6, of this title. 11-1B-Z Applicability: These regulations shall apply to any lawfully existing nonconforming property, use, e~ structure, or sign in any district, except: iIn the event that a property, use, eIr structure, or sign that was deemed nonconforming under past regulations now complies with the standards of this title, such property, use, eF structure, or sign shall be deemed conformin . 11-1 B-6 ~ielatie~ > > 11-IB-6 NONCONFORMING SIGN: A. Except as set forth in Section 11-1B-6B a nonconforming sign shall lose its nonconforming status and may become an ille al sign if any of the following occur: 1. The sign and/or sib structure is moved 2. The si and/or si structure is re laced and/or removed for an UDC ORDINANCE AMENDMENT-SIGN CODE Page 9 of 38 • • • period of time. 3. There is a change in. cessation of and/or abandonment of the use of the property, or any portion thereof on which the sign and/or sign structure is located. 4. There are alterations or enlargements to the site or buildin og n the property in excess of twenty-five percent (25%) or more of the existine site or building. The amount of alterations and/or enlargements shall be cumulative overtime 5. The sign and/or sign structure is dammed to the extent of more than fifty percent (50% of its re lacement value B. Anv nonconforming sib that is subject to the Idaho Code § 40-1910A related to the removal of off premises outdoor advertisin along state highways shall lose its nonconforming status and may become an illegal sign if any of the followin occur 1. The sign and/or sign structure is moved 2. The Bien structure is replaced and/or removed for anyperiod of time C. Where a nonconforming sign becomes an ille ag 1 sign, the owner of the property on which the illegal sign is located shall• 1. Remove the sign within sixty (60) da~s• 2. Brine the sign into full compliance with this title within sixth! (60) da s• or 3. Submit a complete application for conditional use approval within thirty (30) days and subsequently ag in approval reinstating the nonconformine status of the sign If the conditional use is not approved. the owner of the ,property on which the sign is located shall remove the sign within thirty130~da~ 11-3A-11B . ~1: • > UDC ORDINANCE AMENDMENT-SIGN CODE Page 10 of 38 • 11-3A-11 B B. The installation. use or displaceany of the following types of lighting and/or illumination shall be Qrohibited• 1. Mercury vapor lama fixture and/or lamp 2. Laser source li t or any similar high intensity light 3. Lighting that chances colors revolves or moves including searchlights shall be prohibited in all districts except where approved for temHOrarv uses under a valid current city of Meridian tem >> a~'X use Hermit. 4. Lighting, including strin s~ of lights on commercial or private tower structures that exceed the district height limit. exce t as required bX regulations of the federal aviation administration IFAAZ 5. Strobin revolvin or flashin li ts. . 6. Light or illumination with such brilliance or so Hositioned as to blind or dazzle the vision of drivers and/or pedestrians 7. Low pressure sodium lighting_ 11-SB-5 Table 11-SB-5 Landscaping for base of freestanding sign ~-3B-S 11-3D-8 Pro'ectin si allowance 11-3D-8E and F 11-SB-6 . ~~ ~~ ,~ ~~ e€#l~i~lo- B. AHHlicability, The ,Hrovisions of this section shall apkly to• 1. All uses identified as conditional use in chanter 2 "District Regulations" of this title. 2. As required by specific development standards in chapter 4 "SHecific Use Standards". of this title. 3. Nonconforming HroHerties uses structures and sites as set forth in chapter 1 article 1 of this title. UDC ORDINANCE AMENDMENT -SIGN CODE Page 11 of 38 • Section 2. That Meridian City Code sections 11-3D-1 through 11-3D-10 shall be repealed, and replaced with the following: 11-3D-1: PURP05E: The regulations of this article are intended to: A. Require architectural and aesthetic harmony for signs as they relate to building design and surrounding landscaping. B. Regulate sign size, height, and quality of signs, which will allow for good visibility for the public and the needs of business while providing for the health and safety of the public by minimizing distractions to motorists and pedestrians. C. Regulate signs that will be compatible with the building, site conditions and land uses the signs are intended to identify. D. Establish design criteria for signs to promote a well maintained and attractive community, which are compatible with their surroundings, and do not detract from the overall visual quality of the City. E. Recognize the need for adequate business identification, advertising, and communication for Meridian residents, businesses, employees and visitors. F. Establish and facilitate easy and agreeable communication between people. G. Set forth procedures that will facilitate the efficient processing of sign applications. Awning WQ!! Sign Projecting Sign Sign \ _._~----._.____--., Figure t Sign Types • UDC ORDINANCE AMENDMENT -SIGN CODE Hanging Awning Sign Cano :.. ~. ~ry-~-~....:..:., Page 12 of 38 11-3D-2: APPLICABILITY: A. The sign standards provided in this article are intended to apply to any sign in all zoning districts in the City. Only signs authorized by this article shall be allowed. B. Murals and artistic graphics, as defined in chapter 1, article A, "Definitions", of this title are not regulated by this code. C. Nonconforming signs are subject to the provisions of Section 11-1B-6 (Nonconforming Properties, Uses, Structures, and Signs), of this title, in addition to this article. All existing off-premises outdoor advertising signs within the city are nonconforming due to dimensional and/or locational standards. D. A permit shall not be required for a change of copy on any sign, nor for the repainting, cleaning or other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued in accord with this code, provided that the sign or sign structure is not altered in any way. E. For the purposes of this title, the term residential district shall also include the traditional neighborhood residential district. F. Exemptions: The provisions of the article shall not apply to the following: 1. Public hearing notice signs as required by section 11-SA-SD of this title. 2. Conventional flags, emblems, or insignia of any national or political subdivision or corporation. 3. Governmental signs for the control of traffic or other regulatory purposes, or signs of public service companies indicating danger, that are erected by or on the order of a public officer in the performance of public duty. 4. Any sign erected by or under the authority of the City of Meridian for direction to places of general interest including, but not limited to, colleges, auditoriums, fairgrounds, hospitals, airports, parks, and playgrounds 5. Signs located within the interior of any business that are more than twelve inches (12") away from the window and that are not attached to the window glass. 6. Memorial signs or tablets, names or buildings and date of erection that are cut into masonry surface or inlaid so as to be part of the building. 7. Public signs required or specifically authorized for a public purpose by any law, statute or ordinance, that may be of any type, number, area, height above grade, location, illumination or animation as required by the law, statute or ordinance under which the signs are erected. 8. Historical signs or markers. 9. "No Trespassing" or "No Dumping" signs that do not exceed one and one-half (1.5) square feet in area per sign and that are located such that they do not exceed one per one hundred feet (100') of the perimeter of the property. Special permission may be obtained from the director for additional signs where hazardous or public nuisance conditions exist. 10. Signs related to temporary uses regulated by the provisions of title 3, chapter 4 of this code, shall not require a sign permit under the provisions of this title, but shall comply with any and all applicable provisions of title 3, chapter 4 of Meridian City Code. UDC ORDINANCE AMENDMENT -SIGN CODE Page 13 of 38 11-3D-3: PROCESS: A. Application Required: For projects requiring a sign permit approval, the applicant shall submit a sign permit application. Except as otherwise provided in this article, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign in the city, or cause the same to be done, without a sign permit 1. An application and fees, in accord with chapter 5, "Administration", of this title, shall be submitted to the director on forms provided by the planning department. 2. The director shall apply the standards listed in this article to review the sign permit request. 3. The City's Design Guidelines shall apply in the evaluation of Sign Permit applications to ensure that signs meet or exceed the intent of the Design Guidelines. 4. No sign permit shall be issued for any property and/or business that has an outstanding notice of violation. B. Effect Of Issuance: No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign. C. Maintenance: It shall be the responsibility of the property owner to continually maintain any and all signs on his/her property. The sign, copy, and materials shall be maintained and kept in good condition and repair to guard against decay, unsafe, and poorly maintained signs. D. Inspection: The director and/or building official are hereby empowered to enter or inspect, upon notification of the property owner or manager, any building, structure or premises in the city on which or in connection with which a sign is located, for the purpose of inspection of the sign, its structural and electrical connections, and to ensure compliance with the provisions of the Meridian City Code. Such inspections shall be carried out during business hours, unless an emergency exists. The applicant shall attach the permit issued by planning department to any approved sign of limited duration in a visible manner and accessible for inspection. Any sign of limited duration that does not have an attached permit shall be in violation to this article. E. Signs Declared Hazardous: The director and/or building official shall have the authority to order the repair or structural alteration for safety of signs that present a hazard to the public. Upon finding that any sign endangers public safety, the director and/or building official may declare the sign hazardous. The director and/or building official shall send the owner written notice that the sign has been declared hazardous, specifying the reasons why the sign endangers public safety, and order that the sign be repaired or removed by the owner within thirty (30) days. If a sign determined to be hazardous presents an immediate and serious danger to the public, it may be immediately removed by the city without prior notice and the removal costs charged to the owner. F. Time Limitations on sign permit approval: 1. Where the sign permit also requires a building penmit, the Planning Department approval shall be governed by the building permit. That is to say that as long as the building permit is valid, the Planning Department approval is valid as well. If the building permit is deemed expired. The Planning Department approval of the sign permit expires as well. UDC ORDINANCE AMENDMENT -SIGN CODE Page 14 of 38 2. Where the sign permit does not require a building permit, the Planning Department approval shall become null and void if erection or construction of the sign on site is not commenced within six (6) months from the date the permit was issued. If work authorized by such permit is suspended or abandoned for six (6) months at any time after the work is commenced the permit shall be null and void. 3. For any expired sign permit, the applicant shall obtain a new sign permit. 11-3D-4: PROHIBITED SIGNS: The following types of signs are prohibited in all districts: A. Any sign not specifically allowed by this article as determined by the Director. B. Any private signs within public right of way or upon city-owned property. This shall not prohibit the transportation authority or city from placing signs on such property. C. Any signs which because of color, wording, design, size, movement, location or illumination resemble or conflict with any tn3ffic control device or with the safe and efficient flow of traffic. D. Any sign displaying red, blue or blinking intermittent light likely to be mistaken for a warning or danger signal. E. Any signs that emit any sound, odor or visible matter. F. Any abandoned nonconforming signs. (See sections I 1-1B-6 and 11-3D-8 of this title). G. Any benches with commercially available space for advertising. H. Any sign that includes strobing, revolving or flashing lights. I. Any sign using a prohibited light source as set forth in Section 11-3A-11 of this title. J. Any signs within the clear vision triangle as set forth in section 11-3A-3, "Access To Streets", of this title. K. Any signs for illegal uses. L. Any signs that block the visibility of any other sign due to their location, size, and/or height within afifty-foot (50') radius. M. Any roof signs. N. Any sign within any stream or drainage canal or within a floodway. O. Any sign not maintained in a safe condition. 11-3D-5: SUBDIVISION IDENTIFICATION SIGNS: The following standards shall apply to subdivision identification signs: A. General Standards for Subdivision Identification Signs: The following standards shall apply to Subdivision Identification Signs in all districts: 1. Subdivision identification signs may benon-illuminated or may have indirect, internal, or direct illumination. Neon tube illumination is prohibited. 2. Subdivision identification signs using duect illumination shall target the lighting to the copy area of the sign to prevent trespass lighting and/or light pollution. 3. Subdivision identification signs located within medians shall be a minimum of twenty feet (20') back from the right of way line of the perpendicular street. 4. Subdivision identification signs shall only identify the subdivision name (or the name under which it is being marketed) or development name (including but not UDC ORDINANCE AMENDMENT -SIGN CODE Page 15 of 38 limited to amulti-family or commercial development). Such signs shall not identify any business, tenant, or developer names. 5. All subdivision identification signs shall meet the setback standards in section 11- 3D-8A3. 6. A permit is required for any subdivision identification sign. B. In addition to the general standards for subdivision identification signs set forth in this section, the following standards shall apply to subdivision identification signs in residential districts (R-2, R-4, R-8, R-15, R-40, and TN-R): 1. The maximum allowed background area for subdivision identification signs shall not exceed fifty (50) square feet. 2. The maximum height of any subdivision identification sign shall not exceed six feet (6'). See section 11-1-SB4 of this title for architectural element standards. 3. A maximum of two (2) subdivision identification signs are allowed at each street entrance to the development or subdivision. C. In addition to the general standards for subdivision identification signs set forth in this section, the following standards shall apply to subdivision identification signs in commercial districts (L-O, C-N, C-C, C-G, M-E, and H-E): 1. The maximum allowed background area for subdivision identification signs in L-O, C-N, C-C, and M-E districts shall not exceed one hundred (100) square feet. 2. The maximum allowed background area for subdivision identification signs in C-G and H-E districts shall not exceed two hundred (200) square feet. 3. The maximum height of any subdivision identification sign shall not exceed the maximum building height of the district. 4. A maximum of one (1) subdivision identification sign is allowed at each street entrance to the development or subdivision. D. In addition to the general standards for subdivision identification signs set forth in this section, the following standards shall apply to subdivision identification signs in traditional neighborhood districts (O-T and TN-C): 1. The maximum allowed background area for subdivision identification signs shall not exceed eighty (80) square feet. 2. The maximum height of any subdivision identification sign shall not exceed the maximum building height of the district. 3. A maximum of one (1) subdivision identification sign is allowed at each street entrance to the development or subdivision. E. In addition to the general standards for subdivision identification signs set forth in this section, the following standards shall apply to subdivision identification signs in industrial districts (I-L and I-H): 1. The maximum allowed background area for subdivision identification signs shall not exceed one hundred and fifty (150) square feet. 2. The maximum height of any subdivision identification sign shall not exceed the maximum building height of the district. UDC ORDINANCE AMENDMENT -SIGN CODE Page 16 of 38 3. A maximum of one (1) subdivision identification sign is allowed at each street entrance to the development or subdivision. 11-3D-6: MARKETING SIGNS: The following standards shall apply to properties being marketed for lease and/or sale: A. General Standards for Marketing Signs: The following standards shall apply to marketing signs in all districts: 1. All marketing signs shall meet the setback standards in section 11-3D-8A3. 2. A maximum of three (3) marketing signs are allowed for properties abutting a collector or an arterial street and a maximum of one (1) marketing sign is allowed for all other properties. 3. Illumination is prohibited for any marketing sign. 4. A permit is not required for any marketing sign. B. In addition to the general standards for marketing signs set forth in this section, the following standards shall apply to marketing signs for three or less dwelling units per property in residential districts (R-2, R-4, R 8, R-15, R-40, and TN-R): 1. The maximum allowed background area for marketing signs shall not exceed sixteen (16) square feet for common area lots abutting a collector or arterial street and six (6) square feet for all other lots. 2. The maximum height of any marketing sign shall not exceed six feet (6'). C. In addition to the general standards for marketing signs set forth in this section, the following standards shall apply to marketing signs for multi-family developments and allowed non-residential uses in residential districts (R-2, R-4, R-8, R-15, R-40, and TN-R): 1. The maximum allowed background area for marketing signs shall not exceed thirty two (32) square feet. 2. The maximum height of any marketing sign shall not exceed ten feet (10'). D. In addition to the general standards for marketing signs set forth in this section, the following standards shall apply to marketing signs for all other districts (L-O, C-N, C-C, M-E, C-G, H-E, O-T, TN-C, I-L, and, I-H) 1. The maximum allowed background area for marketing signs shall not exceed thirty two (32) square feet. 2. The maximum height of any marketing sign shall not exceed twelve feet (12'). 11-3D-7: CONSTRUCTION SIGNS: The following standards shall apply to properties under construction: A. General Standards for Construction Signs by the Owner and/or Developer: 1. Any construction sign shall not be erected prior to issuance of a valid building permit. If such building permit lapses or ceases to be valid, any construction sign shall be removed immediately. 2. Any construction sign shall not be erected more than thirty (30) days prior to commencement of construction. 3. Any construction sign shall be confined to the site of construction. UDC ORDINANCE AI~NDMENT -SIGN ConE Page 17 of 38 4. Any construction sign shall be removed five (5) days after completion of construction and prior to occupancy. 5. A maximum of three (3) construction signs are allowed per property. 6. All construction signs shall meet the setback standards in section 11-3D-8A3. 7. A permit is not required for any construction sign. B. In addition to the general standards for construction signs set forth in this section, the following standards shall apply to construction signs in residential districts (R 2, R-4, R-8, R-15, R-40, and TN-R): 1. The maximum background area for construction signs shall not exceed six (6) square feet. 2. The maximum height of any construction sign shall not exceed six feet (6'). C. In addition to the general standards for construction signs set forth in this section, the following standards shall apply to construction signs for all other districts (L-O, C-N, C-C, M-E, C-G, H-E, O-T, TN-C, I-L, and, I-H): 1. The maximum background area for construction signs shall not exceed thirty two (32) square feet. 2. The maximum height of any construction sign shall not exceed twelve feet (12'). 11-3D-8: BUSINESS IDENTIFICATION SIGNS: The following standards shall apply to business identification signs: A. General Standards for Business Identification Signs: The following standards shall apply to Business Identification Signs in all districts: 1. Abandoned Signs: Except as otherwise provided in this code, any sign and/or sign structure located on property that has been continuously vacant for a period exceeding six (6) months or longer shall be deemed as abandoned. a. An abandoned nonconforming sign and/or sign structure is subject to the standards set forth in section 11-1B-6 of this title. b. An abandoned conforming sign and/or sign structures may remain. 2. Sign Maintenance And Repair: The owner of any sign and/or the owner of real property on which any sign is located shall maintain such signs and/or signs structures in a state of good appearance, security, safety and repair ,including but limited to the following: a. Any metal pole covers and sign cabinets shall be kept free of rust and rust stains. b. Any internally illuminated sign cabinets or sign panels that have been damaged shall remain non-illuminated until repaired. c. Any sign that has been damaged to such extent that it may pose a safety hazard shall be repaired or removed immediately. d. Any exposed lamps or ballasts shall be prohibited. 3. Setbacks And Location of Freestanding and Limited Duration Signs: In all districts, no part of a freestanding and/or limited duration sign, including the footing, shall be located closer than five feet (5') from any street property line and twelve and one- UDC ORDINANCE AMENDIV~NT -SIGN CODE Page 18 of 38 half feet (12.5') from any rear or interior side property line, unless greater separation is required. 4. Signs on a Property Abutting a Residential District: The following standards shall apply to all signs on a property abutting a residential district: a. Illuminated freestanding signs shall be allowed in the required street landscape buffer. b. Illuminated freestanding signs not in the required street landscape buffer shall be less than eight feet (8') in height or shall be located greater than one hundred feet (100') from any residential district. c. Illuminated building signs shall not face a residential district unless located greater than one hundred feet (100') from such residential district. 5. Building Sign Design: All awning signs, canopy signs, hanging signs, projecting signs, and/or wall signs for business identification shall meet the following design standards: a. The elements comprising the sign, including, but not limited to, areas devoted to copy, background area, supports, lighting fixtures, and any other architectural appurtenances or detailing shall be harmonious in scale and proportion and the design of the sign, including color scheme, shall be compatible with the wall face. b. Signs shall be designed and constructed with a material or combination of materials that are durable and contribute to an aesthetic appearance. c. No sign and/or sign structures shall diminish the aesthetics or architectural integrity of the structure to which it is attached. For example, cabinets shall not cut across columns or other architechual features. Freestanding Sign Design: A11 freestanding signs for business identification shall meet the following design standard: a. T`he elements comprising a freestanding sign, including, but not limited to, areas devoted to copy, bases, podiums, supports, structures, caps, lighting fixtures, and any other architectural appurtenances or detailing shall be harmonious in scale and proportion to all other elements of the sign and the entire sign as a whole to create a unified and aesthetic appearance. b. Freestanding signs shall be designed and constructed with a material or combination of materials that are durable and contribute to an aesthetic appearance. c. Architectural appurtenances or other decorative elements that do not contain copy are allowed up to a maximum of fifteen percent (15%) of the district's allowable sign height. d. Freestanding signs supported by poles that are thirty five feet (35') or less in height shall have a covering designed to fully enclose the pole(s). Such coverings may include, but not be limited to, stucco, decorative metal, rock, simulated rock, and/or brick. Paint, thin vinyl wraps, or similar materials that do not enclose or modify the structural appearance of the post or the pole shall be prohibited. e. Special decorative elements such as sculptured metal, wrought iron or other aesthetically pleasing materials that are incorporated into the support structure UDC ORDINANCE AMENDMENT -SIGN CODE Page 19 of 38 design and do not fully enclose the structure may be allowed, when such decorative elements meet or exceed the intent of this subsection. 7. Street Address: All freestanding signs, except as otherwise approved for residential subdivision identification, shall include the street address of the subject property and shall meet the following standards: a. The placement of the street address on the sign shall be in addition to any address required to be placed on the structure, unless otherwise authorized by the Meridian fire department. b. Numbering shall be a minimum of three and one-half inches (3.5") tall and be of a contrasting color. Along arterial streets, numbering shall be a minimum of six inches (6") tall and be of a contrasting color. Additionally, any freestanding sign located on a corner property shall be include the street name and address. c. Street addresses shall not be included in the calculation for sign background area, except for those portions that are used to identify the business name, e.g., the 123 Main Street Day Care Facility. d. Signs that identify multiple structures and/or addresses may provide a range of addresses. 8. Awning signs, when allowed by this article, shall meet the following standards: a. All awning signs shall count as part of the building sign allowance as set forth in sections 11-3D-8B through 11-3D-8H. b. Awning signs shall be non-illuminated or may have indirect or internal illumination. Direct and/or neon tube illumination are prohibited. c. Any awning sign shall not extend above the top of the awning structure. d. A permit is required for any awning sign. 9. Banners and/or signs attached to freestanding structures, e.g., parking light pole(s), when allowed by this article, shall meet the following standards: a. The maximum background area for each sign shall not exceed five (5) square feet. b. All such signs shall be non-illuminated. c. All supporting structures shall meet the setback standards in section 11-3D-8A3. d. All such sign{s) shall only be approved in conjunction with a freestanding sign permit. 10. Canopy signs, when allowed by this article, shall meet the following standards: a. All canopy signs shall count as part of the building sign allowance as set forth in sections 11-3D-8B through 11-3D-8H. b. Any canopy sign shall not extend above the top of the canopy structure. c. Canopy signs may be non-illuminated or may have indirect or internal illumination. Direct and neon tube illumination are prohibited. d. A permit is required for any canopy sign. 11. Changeable copy sign proposed as building signs, when allowed by this article, shall meet the following standards: UDC ORDINANCE AMENDMENT -SIGN CODE Page 20 of 38 a. All changeable copy building signs shall count as part of the building sign allowance as set forth in sections 11-3D-8B through 11-3D-8H. b. Changeable copy building signs are allowed for a maximum of thirty percent (30%) of the proposed sign background area. b. A permit is required for any changeable copy building sign. 12. Changeable copy signs proposed as freestanding signs, when allowed by this article, shall meet the following standards: a. Changeable copy freestanding signs are allowed for a maximum of thirty percent (30%) of the proposed sign background area. b. All changeable copy freestanding signs shall meet the setback standards in section 11-3D-8A3. c. A permit is required for any changeable copy freestanding sign. 13. Directional signs, when allowed by this article, shall meet the following standards: a. Directional signs shall only be allowed where there is automobile movement through a site that has adrive-through establishment. b. Directional signs may be non-illuminated or have internal illumination. Direct, indirect, and neon tube illumination are prohibited. c. All directional signs shall meet the setback standards in section 11-3D-8A3. d. The maximum background area of any directional sign shall not exceed four (4) square feet. Any directional sign may be single- or double-sided. e. The text on any directional sign shall not exceed twenty-five percent (25%) of the proposed background area. f. The maximum height of any directional sign shall not exceed four feet (4'). g. A permit is required for any directional sign. 14. Freestanding signs, when allowed by this article, shall meet the following standards: a. Freestanding signs may be non-illuminated or may have indirect or internal illumination. Neon tube and direct illumination are prohibited. b. All freestanding signs shall meet the setback standards in section 11-3D-8A3. c. All freestanding signs shall be set entirely within a landscaped area having at least the same square footage as the background area of the sign. The landscaped area shall include plants, ground cover, and materials that contribute to an esthetic appearance and maintain clear vision for pedestrians and vehicles. The required landscaping area may be integrated with adjacent landscaping buffers, parking areas, or the vegetation surrounding an adjacent structure. d. A permit is required for any freestanding sign. e. No sign permit for a freestanding sign shall be issued for any property and/or business without an existing structure or valid building permit for an allowed use within the applicable district. Freestanding business identification signs are prohibited on vacant property. • UDC ORDINANCE AMENDMENT -SIGN CODE Page 21 of 38 f. Properties within six hundred and sixty feet (660') of the Interstate 84 freeway right-of-way and properties adjoining the Interstate 84 interchanges, as depicted on Figures 1 and/or Z of this section are subject to the following standards: i. Such freestanding signs shall be in lieu of, and not in additional to, signs which may be permitted by the district provisions set forth in sections 11- 3D-8B through 11-3D-8H. ii. Freestanding signs within six hundred and sixty feet (660') of the Interstate 84 freeway right-of-way are prohibited in residential districts. iii. The maximum background area of any sign shall not exceed one hundred and fifty (150) square feet. iv. The maximum height of any sign shall not exceed forty feet (40'). v. Properties exceeding seven hundred and fifty feet (750') of lineal freeway frontage may be allowed an additional height allowance and background area allowance. Such sign shall not exceed fifty feet (50') in height nor shall such sign exceed three hundred (300) square feet of background area. Only one (1) such sign shall be allowed per seven hundred fifty feet (750') of lineal freeway frontage. 15. Hanging signs, when allowed by this article, shall meet the following standards: a. All hanging signs shall count as part of the building sign allowance as set forth in sections 11-3D-8B through I 1-3D-8H. b. Hanging signs may be non-illuminated or may have indirect, internal, or neon tube illumination. Direct illumination is prohibited. c. The length of hanging signs shall not to exceed fifty percent (50%) of the canopy width. d. Any hanging sign under a canopy shall have a minimum vertical clearance of thirteen and one-half feet (13.5') from any driving surface. e. Any hanging sign under an awning shall have a minimum vertical clearance of eight feet (8') from any sidewalk, walkway, and/or pathway. f. Only one (1) hanging sign shall be allowed per business entrance. g. A permit is required for any hanging sign. 16. Portable signs, when allowed by this article, shall meet the following standards: a. Any portable sign shall count as part of the overall freestanding sign allowance as set forth in sections 11-3D-8B through 11-3D-8H. b. The following uses shall qualify for any portable sign: retail, restaurants, drinking establishments, and personal services. c. Placement of any portable sign shall meet the following standards: i. The placement of any portable sign shall be limited to the portion of the sidewalk that is located directly in front of the business to applying for the sign permit and shall not be placed in front of another business. ii. It shall be the responsibility of the property owner to comply with the American Disabilities Act (ADA) standards for pedestrian walkways and clearance for handicap accessible parking stalls. UDC ORDINANCE AMENDMENT -SILiN CODE Page 22 of 38 d. A maximum of one (1) portable sign is allowed per entrance with no more than one (1) portable sign per street frontage. e. The maximum background area of any portable sign shall not exceed eight (8) square feet. Any portable sign may be single or double sided. f. Portable signs shall be constructed of stable and durable materials that will hold up under adverse weather conditions. g. A permit is required for any portable sign. 17. Projecting signs, when allowed by this article, shall meet the following standards: a. All projecting signs shall count as part of the building sign allowance as set forth in sections 11-3D-8B through 11-3D-8H. b. Projecting signs may benon-illuminated or may have indirect, internal, or neon tube illumination, except illumination shall be prohibited where projecting signs are attached and/or affixed to a second story where residential uses are located within fifty feet (50') of such sign. Direct illumination is prohibited. c. The projecting sign shall project no more than four feet (4') from the building. d. The projecting sign shall be pinned away from the building at least six inches (6,~). e. The projecting sign shall have a minimum clearance of eight feet (8') from grade. f. The projecting sign shall project from the building at an angle of ninety (90) degrees. Angular projection from the corner of a structure is prohibited. g. The projecting sign shall not extend vertically above the lowest of the following: the roofline or eighteen feet (18'). h. Only one (1) projecting sign shall be allowed per business. i. A permit is required for any projecting sign. 18. Wall signs, when allowed by this article, shall meet the following standards: a. All wall signs shall count as part of the building sign allowance as set forth in sections 11-3D-8B through 11-3D-8H. b. Wall signs for a tenant shall be located over the main public entrance for such tenant. Wall signs for a tenant shall be prohibited over the main public entrance of another tenant. c. No wall sign shall exceed the height of the wall face. d. Wall signs may be non-illuminated or may have indirect, internal, or neon tube illumination. Direct illumination is prohibited. e. Neon tube illumination wall signs shall be limited to three (3) square feet in size, or shall be contained within pan channel letters. f. A permit is required for any wall sign. 19. Window Signs, when allowed by this article, shall meet the following standards: a. All window signs shall count as part of the building sign allowance as set forth in sections 11-3D-8B through 11-3D-8H. UDC ORDINANCE AMENDI~NT -SIGN CODE Page 23 of 38 b. Window signs shall not exceed more than one (1) square feet per four (4) square feet of window area. c. Window signs may be non-illuminated or may have indirect, internal, or neon tube illumination. Direct illumination is prohibited. B. In addition to the general standards for business identification signs set forth in this section, the following standards shall apply to business identification signs for residential districts (R-2, R-4, R-8, R-15, R-40, and'IN-R): 1. In addition to the general standards for business identification signs set forth in this section, the following standards shall apply to business identification signs for residential districts for dwelling and accessory uses (R-2, R-4, R-8, R-15, R-40, and TN-R): a. The maximum allowed background area for any residential sign shall not exceed six (6) square feet. b. A maximum of one (1) residential sign is allowed per property. c. All residential signs shall be non-illuminated. d. A permit is not required. e. Freestanding and/or building signs shall be allowed. All other signs shall be prohibited. C. In addition to the general standards for business identification signs set forth in this section, the following standards shall apply to business identification signs for multi-family developments and allowed non-residential uses (R-2, R-4, R-8, R-15, R-40, and TN-R), excluding accessory uses: 1. Building signs are allowed and shall meet the following standards: a. Allowance: The combined area of all building signs on a single facade shall not exceed ten percent (10%) of the area of such facade. b. Awning signs are allowed and shall meet the standards set forth in section 11- 3D-8A8. c. Canopy signs are allowed and shall meet the standards set forth in section 11-3D- 8A10. d. Changeable copy signs proposed as building signs are allowed. In addition to the standards set forth in section 11-3D-8A11 all changeable copy building signs shall meet the following standards: Any changeable copy building sign visible from a public street shall be programmed as follows: all displays, including, but not limited to, graphics, letters, numbers, color and/or brightness shall remain unchanged for a minimum of one (1}hour, except that any text messages that are longer than the display area and do not contain any graphics may scroll in a consistent and predictable manner. ii. Only one (1) changeable copy signs proposed as a building sign shall be allowed per facade area. e. Hanging signs are allowed and shall meet the standards set forth in section 11- 3D-8A15. UDC ORDINANCE AMENDMENT -SIGN CODE Page 24 of 38 f. Wall signs are allowed and shall meet the standards set forth in section 11-3D- 8A 18. g. Window signs aze allowed and shall meet the standards set forth in section 11- 3D-8A19. 2. Banners are prohibited, except as allowed by 11-3D-9. 3. Directional signs are prohibited. 4. Freestanding signs are allowed. In addition to the standards set forth in section 11- 3D-8A14, all freestanding signs shall meet the following standards: a. The maximum background area of any freestanding sign shall not exceed fifty (50) square feet. b. The maximum height of any freestanding sign shall not exceed eight feet (8'). c. A maximum of one (1) freestanding sign is allowed per property. d. Changeable copy signs proposed as freestanding signs aze allowed. In addition to the standards set forth in section 11-3D-8A12, all changeable copy freestanding signs shall meet the following standazds: i. Any changeable copy freestanding sign visible from a public street shall be programmed as follows: all displays, including, but not limited to, graphics, letters, numbers, color and/or brightness shall remain unchanged for a minimum of one (1) hour, except that any text messages that are longer than the display area and do not contain any graphics may scroll in a consistent and predictable manner. ii. Only one (1) changeable copy sign proposed as a freestanding sign shall be allowed per property. 5. Portable signs are prohibited. 6. Projecting signs are prohibited. 7. All other signs shall be prohibited, except as allowed by 11-3D-9. D. In addition to the general standards for business identification signs set forth in this section, the following standards shall apply to business identification signs for the limited office district (Lr0): Building signs aze allowed and shall meet the following standazds: a. Allowance: The combined azea of all building signs on a single fagade shall not exceed ten percent (10%) of the area of such fagade. b. Awning signs are allowed and shall meet the standards as set forth in section 11- 3D-8A8. c. Canopy signs are allowed and shall meet the standards set forth in section 11-3D- 8A10. d. Changeable copy signs proposed as building signs aze allowed. In addition to the standards set forth in section 11-3D-8A11 all changeable copy building signs shall meet the following standards: i. Any changeable copy building sign visible from a public street shall be programmed as follows: all displays, including, but not limited to, UDC ORDINANCE AMENDMENT-SIGx CODE Page 25 of 38 graphics, letters, numbers, color and/or brightness shall remain unchanged for a minimum of eight (8) seconds, except that any text messages that are longer than the display area and do not contain any graphics may scroll in a consistent and predictable manner. ii. Only one (1) changeable copy signs proposed as a building sign shall be allowed per facade azea. e. Hanging signs aze allowed and shall meet the standards set forth in section 11- 3D-8A15. f. Wall signs aze allowed and shall meet the standards set forth in section 11-3D- 8A18: g. Window signs aze allowed and shall meet the standards set forth in section 11- 3D-8A19. 2. Banners are allowed and shall meet the standards set forth in section 11-3D-8A9. 3. Directional signs are allowed and shall meet the standazds set forth in section 11-3D- 8A13. 4. Freestanding signs are allowed. In addition to the standazds set forth in section 11- 3D-8A14, all freestanding signs shall meet the following standards: a. The maximum background area of any freestanding sign shall not exceed flfly (SO) square feet. b. The maximum height of any freestanding sign shall not exceed eight feet (8'). c. A maximum of one (1) freestanding sign is allowed per one hundred and fifty feet (150') of lineal street frontage. Properties with less than one hundred and fifty feet (150') of lineal street frontage shall be allowed a maximum of one (1) such sign per property. d. Properties exceeding seven hundred and fifty feet (750') of lineal street frontage may be allowed an additional sign height and background azea allowance. Such signs shall not exceed fifteen feet (15') in overall height and eighty (80) squaze feet of background area. Only one (1) such sign shall be allowed per seven hundred and fifty feet (750') of lineal street frontage. e. Changeable copy signs proposed as freestanding signs aze allowed. In addition to the standazds set forth in section 11-3D-8A12, all changeable copy freestanding signs shall meet the following standazds: i. Any changeable copy freestanding sign visible from a public street shall be programmed as follows: all displays, including, but not limited to, graphics, letters, numbers, color and/or brightness shall remain unchanged for a minimum of eight (8) seconds, except that any text messages that are longer than the display area and do not contain any graphics may scroll in a consistent and predictable manner. ii. Only one (1) changeable copy signs proposed ads a freestanding sign shall be allowed per property. 5. Portable signs are prohibited. 6. Projecting signs are prohibited. 7. All other signs shall be prohibited, except as allowed by 11-3D-9. UDC ORDINANCE AMENDMENT -SIGN CODE Page 26 of 38 E. In addition to the general standards for business identification signs set forth in this section, the following standards shall apply to business identification signs for neighborhood business, community business, and mixed employment districts (C-N, C-C, and M-E): Building signs are allowed and shall meet the following standards: a. Allowance: The combined area of all building signs on a single facade shall not exceed ten percent (10%) of the area of such facade. b. Awning signs are allowed and shall meet the standards set forth in section 11- 3D-8A9. c. Canopy signs are allowed and shall meet the standards. set forth in section 11-3D- 8A10. d. Changeable copy signs proposed as building signs are allowed. In addition to the standards set forth in section 11-3D-8A11, all changeable copy building signs shall meet the following standards: i. Any changeable copy building sign visible from a public street shall be programmed as follows: all displays, including, but not limited to, graphics, letters, numbers, color and/or brightness shall remain unchanged for a minimum of eight (8) seconds, except that any text messages that are longer than the display area and do not contain any graphics may scroll in a consistent and predictable manner. ii. Only one (1) changeable copy sign proposed as a building sign shall be allowed per facade area. e. Hanging signs are allowed and shall meet the standards set forth in section 11- 3D-8A15. f. Wall signs are allowed and shall meet the standards set forth in section 11-3D- 8A18. g. Window signs are allowed and shall meet the standards set forth in section l l- 3D-8A19. 2. Banners are allowed and shall meet the standards set forth in section 11-3D-8A9. 3. Directional signs are allowed and shall meet the standards set forth in section 11-3D- 8A13. 4. Freestanding signs are allowed. In addition to the standards set forth in section 11- 3D-8A14, all freestanding signs shall meet the following standards: a. The maximum background area of any freestanding sign shall not exceed seventy (70) square feet. b. The maximum height of any freestanding sign shall not exceed fifteen feet (15'). c. A maximum of one (1) freestanding sign is allowed per one hundred and fifty feet (150') of lineal street frontage. Properties with less than one hundred and fifty feet (150') of lineal street frontage shall be allowed a maximum of one (1) such sign per property. d. Properties exceeding seven hundred and fifty feet (750') of lineal street frontage may be allowed an additional sign height and background area allowance. Such signs shall not exceed twenty feet (20') in overall height and one hundred and UDC ORDRVANCE AMENDMMENT -SIGN CODE Page 27 Of 38 fifty (150) square feet of background area. Only one (1) such sign shall be allowed per seven hundred and fifty feet (750') of lineal street frontage. e. Changeable copy signs proposed as freestanding signs are allowed. In addition to the standards set forth in section 11-3D-8A12, all changeable copy freestanding signs shall meet the following standards: i. Any changeable copy freestanding sign visible from a public street shall be programmed as follows: All displays, including, but not limited to, graphics, letters, numbers, color and/or brightness shall remain unchanged for a minimum of eight (8) seconds, except that any text messages that are longer than the display area and do not contain any graphics may scroll in a consistent and predictable manner. ii. Only one (1) changeable copy sign proposed as a freestanding sign shall be allowed per property. 5. Portable signs are prohibited. 6. Projecting signs are prohibited, except for signs on property within the C-C zoning district and that have an Old Town Comprehensive Plan Designation. 7. All other signs shall be prohibited, except as allowed by 11-3D-9. F. In addition to the general standards for business identification signs set forth in this section, the following standards shall apply to business identification signs for general retail and service commercial and high density employment districts (C-G and H-E): 1. Building Signs are allowed and shall meet the following standards: a. Allowance: The combined area of all building signs on a single facade shall not exceed fifteen percent (15%) of the area of such facade. The maximum background area of a single wall sign may not exceed two hundred and twenty (220) square feet. The maximum background area of two hundred and twenty (220) square feet shall not apply to individual letters andlor pan channel letters. b. Awning signs are allowed and shall meet the standards set forth in section 11- 3D-8A8. c. Canopy signs are allowed and shall meet the standards set forth in section 11-3D- 8A10. d. Changeable copy signs proposed as building signs are allowed. In addition to the standards set forth in section 11-3D-8A11 all changeable copy building signs shall meet the following standards: i. Any changeable copy building sign visible from a public street shall be programmed as follows: all displays, including, but not limited to, graphics, letters, numbers, color and/or brightness shall remain unchanged for a minimum of eight (8) seconds, except that any text messages that are longer than the display area and do not contain any graphics may scroll in a consistent and predictable manner. ii. Only one (1) changeable copy sign proposed as a building sign shall be allowed per facade area. e. Hanging signs are allowed and shall meet the standards set forth in section 11- 3D-8A15. UDC ORDNANCE t1MENDMENT -SIGN CODE Page 28 of 38 f. Wall signs are allowed and shall meet the standards set forth in section 11-3D- 8A18. g. Window signs aze allowed and shall meet the standards set forth in section 11- 3D-8A19. 2. Banners aze allowed and shall meet the standazds set forth in section 11-3D-8A9. 3. Directional signs are allowed and shall meet the standazds set forth in section 11-3D- 8A13. 4. Freestanding signs aze allowed. In addition to the standazds set forth in section 11- 3D-8A14, all freestanding signs shall meet the following standazds: a. The maximum background area of any freestanding sign shall not exceed eighty (80) square feet. b. The maximum height of any freestanding sign shall not exceed twenty feet (20'). c. A maximum of one (1) freestanding sign is allowed per one hundred and fifty feet (150') of lineal street frontage. Properties with less than one hundred and fifty feet (150') of lineal street frontage shall be allowed a maximum of one (1) such sign per property. d. Properties exceeding seven hundr~ and fifty feet (750') of lineal street frontage may be allowed an additional sign height and background area allowance. Such signs shall not exceed thirty five feet (35') in overall height and two hundred (200) squaze feet of background area. Only one (1) such sign shall be allowed per seven hundred and fifty feet (750') of lineal street frontage. e. Changeable copy signs proposed as freestanding signs are allowed. In addition to the standazds set forth in section 11-3D-SA12, all changeable copy freestanding signs shall meet the following standards: i. Any changeable copy freestanding sign visible from a public street shall be programmed as follows: all displays, including, but not limited to, graphics, letters, numbers, color and/or brightness shall remain unchanged for a minimum of eight (8) seconds, except that any text messages that are longer than the display azea and do not contain any graphics may scroll in a consistent and predictable manner. ii. Only one (1) changeable copy sign proposed as a freestanding sign shall be allowed per properly, except properties abutting two (2) arterial streets may be allowed one (1) changeable copy freestanding sign along each arterial street. 5. Portable signs are prohibited. 6. Projecting signs aze prohibited 7. All other signs shall be prohibited, except as allowed by 11-3D-9. G. In addition to the general standards for business identification signs set forth in this section, the following standards shall apply to business identification signs for traditional neighborhood districts (O-T and TN-C): 1. Building signs are allowed and shall meet the following standazds: a. Allowance: The combined azea of all building signs on a single fapade shall not exceed ten percent (10%) of the area of such fagade. UDC ORDINANCE AMENDMENT-SIGN CODE Page 29 of 38 b. Awning signs are allowed and shall meet the standards set forth in section 11- 3D-8A8. c. Canopy signs are allowed and shall meet the standazds set forth in section 11-3D- SA10. d. Changeable copy signs proposed as building signs aze allowed. In addition to the standards set forth in section 11-3D-8A11, all changeable copy building signs shall meet the following standazds: i. Any changeable copy building sign visible from a public street shall be programmed as follows: all displays, including, but not limited to, graphics, letters, numbers, colorand/or brightness shall remain unchanged for a minimum of eight (8) seconds, except that any text messages that aze longer than the display azea and do not contain any graphics may scroll in a consistent and predictable manner. ii. Only one (1) changeable copy sign proposed as a building sign shall be allowed per facade azea. e. Hanging signs are allowed and shall meet the standazds set forth in section 11- 3D-8A15. f. Projecting signs aze allowed and shall meet the standazds set forth in section 11- 3D-8A17. g. Wall signs aze allowed and shall meet the standazds set forth in section 11-3D- 8A18. h. Window signs aze allowed and shall meet the standazds set forth in section 11- 3D-8A19. 2. Banners aze allowed and shall meet the standazds set forth in section 11-3D-8A9. 3. Directional signs aze prohibited. 4. Freestanding signs are allowed. In addition to the standazds set forth in section 11- 3D-8A14, all freestanding signs shall meet the following standards: a. The maximum background area of any freestanding sign shall not exceed fifty (50) square feet. b. The maximum height of any freestanding sign shall not exceed eight feet (8'), except, where a freestanding sign is within fifteen feet (15') of a public pedestrian walkway, sidewalk, and/or pathway or public space, the height of the sign shall be limited to six feet (6') to maintain an appropriate human scale. c. A maximum of one (1) freestanding sign is allowed per street frontage. d. Changeable copy signs proposed as freestanding signs are allowed. In addition to the standazds set forth in section 11-3D-8A12, all changeable copy freestanding signs shall meet the following standazds: i. Any changeable copy freestanding sign visible from a public street shall be programmed as follows: All displays, including, but not limited to, graphics, letters, numbers, color and/or brightness shall remain unchanged for a minimum of eight (8) seconds, except that any text messages that are longer than the display area and do not contain any graphics may scroll in a consistent and predictable manner. UDC ORDINANCE AMENDMENT -SIGN CODE Page 30 of 38 ii. Only one (1) changeable copy sign proposed as a freestanding sign shall be allowed per property. 5. Portable signs aze allowed and shall meet the standazds set forth in section 11-3D- 8A16. 6. All other signs shall be prohibited, except as allowed by 11-3D-9. H. In addition to the general standazds for business identification signs set forth in this section, the following standazds shall apply to business identification signs for industrial districts (I-L and I-H): 1. Building Signs are allowed and shall meet the following standazds: a. Allowance: The combined azea of all building signs on a single facade shall not exceed ten percent (10%) of the area of such facade. b. Awning signs are allowed and shall meet the standards set forth in section 11- 3D-8A8. c. Canopy signs are allowed and shall meet the standards set forth in section 11-3D- 8A10. d. Changeable copy signs proposed as building signs are allowed. In addition to the standards set forth in section 11-3D-8A11, all changeable copy building signs shall meet the following standards: i. Any changeable copy building sign visible from a public street shall be programmed as follows: all displays, including, but not limited to, graphics, letters, numbers, color and/or brightness shall remain unchanged for a minimum of eight (8) seconds, except that any text messages that are longer than the display area and do not contain any graphics may scroll in a consistent and predictable manner. ii. Only one (1) changeable copy sign proposed as a building sign shall be allowed per facade azea. e. Hanging signs are allowed and shall meet the standards set forth in section 11- 3D-8A15. f. Wall signs aze allowed and shall meet the standazds set forth in section 11-3D- 8A18. g. Window signs aze allowed and shall meet the standards as set forth in section 11- 3D-8A19. 2. Banners are allowed and shall meet the standazds set forth in section 11-3D-8A9. 3. Directional signs are allowed and shall meet the standazds set forth in section 11-3D- 8A3. 4. Freestanding signs are allowed. )n addition to the standards set forth in section 11- 3D-8A14, all freestanding signs shall meet the following standazds: a. The maximum background area of any freestanding sign shall not exceed seventy (70) squaze feet. b. The maximum height of any freestanding sign shall not exceed fifteen feet (15'). c. A maximum of one (1) freestanding sign is allowed per street frontage. UDC ORDINANCE AMENDMENT -SIGN CODE Page 31 of 38 d. Properties exceeding seven hundred and fifty feet (750') of lineal street frontage may be allowed an additional sign height and background area allowance. Such signs shall not exceedtwenty-five feet (25') in overall height and one hundred and fifty (150) square feet of background area Only one (1) such sign shall be allowed per seven hundred and fifty feet (750') of lineal street frontage. e. Changeable copy signs proposed as freestanding signs are allowed. In addition to the standards set forth in section 11-3D-8A11, all changeable copy freestanding signs shall meet the following standards: i. Any changeable copy freestanding sign visible from a public street shall be programmed as follows: All displays, including, but not limited to, graphics, letters, numbers, color and/or brightness shall remain unchanged for a minimum of eight (8) seconds, except that any text messages that are longer than the display area and do not contain any graphics may scroll in a consistent and predictable manner. ii. Only one (1) changeable copy sign proposed as a freestanding sign shall be allowed per property. f. Directional signs are allowed and shall meet the standards set forth in section 11- 3D-8A13. 5. Portable signs are prohibited. 6. Projecting signs are prohibited. 7. All other signs shall be prohibited, except as allowed by 11-3D-9. • • UDC ORDINANCE AMENDMENT -SIGN CODE Page 32 of 38 Figure 1 I-84/Meridian Road Interchange C~' N 9® E S • UDC ORDINANCE AMENDMENT -SIGN CODE Page 33 of 38 2000 0 2000 4000 ~ Foet Figure 2 I-84/Eagle Road Interchange • 2~ 0 2000 4000 X00 8000 Fset N W E S UDC ORDINANCE AMENDMENT -SIGN CODE Page 34 of 38 11-3D-9: ADDITIONAL ALLOWANCE FOR SIGNS OF A LIIVIITED DURATION: The following standards shall apply to business identification signs allowed for a limited duration for all allowed non-residential uses: A. Purpose: The purpose of this section is to allow additional business identification signs for a limited duration. B. Applicability: This section shall apply to all allowed non-residential uses in all districts. C. Exemptions: The provisions of the section shall not apply to handheld signs. Handheld signs are allowed and do not require a permit. D. Process: 1. The applicant shall obtain a limited duration sign permit through the Planning Department for fifteen (15), thirty (30), sixty (60), or ninety (90) day time periods. It shall be unlawful for any person to erect or display on any property a limited duration sign without a valid and current limited duration sign permit. 2. In no instance shall a limited duration sign requiring a permit be displayed for more than one hundred and twenty (120) days per calendar year per business. 3. The applicant shall obtain a limited duration sign permit for every new and/or renewed limited duration sign to be displayed. 4. Removal of any limited duration sign for any period of time shall not extend the expiration date for such limited duration sign permit. 5. The limited duration sign permit shall be attached to the approved sign so that it is visible from the nearest public right of way. 6. Any person displaying or erecting limited duration signs on any properly shall obtain the written consent of the property owner and file that consent with the planning department prior to issuance of a permit. E. General Standards for Limited Duration Signs: The following standards shall apply to all Lim ited Duration Signs in all districts: 1. All limited duration signs shall be securely fastened to the ground or to a permanent structure. Signs shall be erected in a manner that does not create a potential hazard of any kind. The attachment line for inflatable signs shall not be within ten feet (10') of the nearest overhead power line. 2. No limited duration sign shall be illuminated. Illumination is prohibited. 3. No limited duration sign shall be located within a public right of way. 4. All limited duration signs shall be weatherproofed and kept in a state of good appearance, safety, and repair. Any damaged or potentially hazardous sign shall be repaired or removed immediately. 5. A maximum of one such sign shall be displayed per business at any one time. 6. Limited duration signs shall maintain a minimum fifty feet (50') of spacing from any and all other approved freestanding and limited duration signs. 7. The background area for limited duration banner signs located on an exterior of a building shall not exceed thirty-two (32) square feet per business, except that businesses having over one hundred thousand (100,000) square feet of gross floor area shall be allowed sixty-four (64) square feet for such sign. UDC ORDINANCE AMENDMENT-SIGN CODE Page 35 of 38 8. The background area for freestanding limited duration signs, shall not exceed twenty (20) square feet. 9. Balloons and other inflated devices that are limited duration signs shall be no greater than one and one-half (11/2) times the maximum building height within the district. 10. Electrical components shall be prohibited as part of a limited duration sign, except electrical pumps may be allowed for balloons and other inflated devices. 11-3D-10: STANDARDS FOR VEHICLE SIGNS: The following standards shall apply to vehicle signs used for business identification: A. Purpose: The purpose of this section is to allow vehicle signs used for business identification of fleet vehicles. B. Applicability: This section shall apply to all vehicle signs used for business identification, except that the provisions of the section shall not apply to interior vehicle signs not exceeding two (2) square feet in overall size. C. Process: Vehicle signs that meet the standards set forth in this article are allowed and do not require a permit. Any vehicle signs that do not meet the standards set forth in this article may be considered for approval as a business ident~cation sign or limited duration sign. D. Standards for Vehicle Signs: The following standards shall apply to all vehicle signs used for business identification: 1. Any vehicle sign shall not project or extend beyond two (2) inches from the original manufactured body proper of the vehicle. 2. Any vehicle sign shall be magnetic decals, vinyl stickers, vinyl wraps, and/or painted directly to the body of the original vehicle. 3. The vehicle to which the sign is attached shall be in proper working order and shall bear a current license plate. 4. The vehicle to which the sign is affixed shall be used in the conduct of the business and shall not be permanently parked on a public street or street right-of-way. 5. The parking of any idle vehicle or trailer on any property for more than seventy two (72) hours, any part of which is located within thirty five feet (35') of a public right of way, and which has affixed to it a vehicle sign is prohibited. This prohibition is not intended to apply to a fleet vehicle(s) which leaves the premises during the hours of the business operation. UDC ORDINANCE AMENDMENT-SIGN CODE Page 36 of 38 Meridian City Council Workshop Meeting December 15, 2009 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, December 15, 2009, by President Charlie Rountree. Members Present: Mayor Tammy de Weerd, President Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Jacy Jones, Anna Canning, Sonya Wafters, Tom Bany, Jeff Lavey, Ron Anderson, Caleb Hood, Steve Siddoway, Pete Friedman, Lucas Cavener, Robert Simison, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Rountree: Good evening. I will open this evening's workshop, Tuesday, December 15th, at 6:01. We will start the meeting with roll call attendance. City Clerk. Item 2: Pledge of Allegiance Rountree: Next item, if you'd all join us in the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by David Schneider. Rountree: This evening we have the community invocation by David Schneider. Is David here? There he is. Welcome. Schneider: Thank you. De Weerd: It's been awhile. Schneider: It's been awhile. How are you? De Weerd: Very good. Schneider: Let's pray. Father, bless you for your goodness to us. Lord, you continue to show us favor in this city and we thank you for it. Let us pray that, Lord, in these times when we are finding that nothing, Lord, is stable with the exception of you, that you would cause everyone here tonight to look up to you and trust in your goodness to us. I pray your continued protection over the City of Meridian and continued wisdom Meridian City Council December 15, 2009 Page 2 of 85 and guidance for the people, the Mayor, the City Council, and all who lead, your protection for the police, your protection for the fire department and all of the services, Lord, that are provided for the blessing of these people. I bless you, Lord, for your continued faithfulness to us, in the name of your son Jesus, amen. Item 4: Adoption of the Agenda. Rountree: Thank you. Next item is the adoption of the agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: On the agenda we'd like to add an item under seven, the Department Reports, A, Mayor's Department, I'd like to add an Item 3, which will be a report from the Department of Environmental Quality. I think I saw him here. Don't see him right now. There he is. Okay. And under Item 8-B, Items 8-B-1 and 2 have been requested to continue to March 7, 2010. Item 10-A, the ordinance number is 09-1436. Item 11 for the Executive Session that we already had planned, we need to add a couple of items. The agenda says Idaho State Code 67-2345(1)(f), we need to add (1)(a) and (1)(b) for other items of discussion. And with those changes I move we adopt the agenda. Hoaglun: Second. Rountree: It's been moved and seconded to adopt the agenda. All those in favor? Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve New Beer and Wine License for Walgreen Co. 1. Walgreens #06200 located at 1570 East Fairview Avenue 2. Walgreens #10197 located at 3150 West Cherry Lane 3. Walgreens #10604 located at 1625 South Meridian Road 4. Walgreens #11452 located at 3263 North Eagle Road 5. Walgreens #11687 located at 4850 North Linder Road B. Independent Contractor Services Agreement with Pipeline Inspection Services for the FY2010 Manhole Retrofits Project for aNot-to-Exceed Amount of $150,000.00 Meridian City Council December 15, 2009 Page 3 of 85 C. Cooperative Agreement Between Valley Regional Transit and City of Meridian D. Contract For Purchase Of Records In Bulk -Commercial Vehicle Registration Records and a Contract For Purchase Of Records In Bulk -Motor Vehicle Title Records E. Task Order #10145 with Civil Survey Consultants, Inc. in Accordance with Master Agreement Dated on November 14, 2006, for Engineering Consulting Services in Conjunction with the EagleNictory Road Intersection Utility Improvements Project for aNot-to-Exceed Amount of $11,905.00. Rountree: Next item is the Consent Agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we approve the Consent Agenda as published and authorize the Mayor to sign and the Clerk to attest. Hoaglun: Second. Rountree: It's been moved and seconded to approve the Consent Agenda. Roll call vote, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 6: Community Items and Presentations A. Presentation of Citizen Hero Appreciation Certificates by: Mayor de Weerd and Chief Anderson Rountree: Item 6, Community Items and Presentations. 6-A, presentation of citizen's hero appreciation certificates. Chief Anderson. And the Mayor. Anderson: And Chief Lavey and Steve and the Mayor. Madam Mayor, Council, it's my distinct pleasure tonight -- we would like to recognize some citizens for going above and beyond and I'd like to tell you a little bit of background of an incident here for the folks that we are recognizing tonight. So, the Meridian Fire Department would like to recognize four citizens and a Meridian police officer whose quick thinking and shift actions prevented a fire involving a concession stand and a bum victim from being out Meridian City Council December 15, 2009 Page 4 of 85 of control. On Saturday, December 5th, 2009, a fire occurred involving a generator unit located on the roof of a funnel cake concession stand at the Meridian Christmas Tree Fair. At about 12:00 hours the generator, which was located on top of the concession stand, started to sputter. Mr. Loverdy, thinking that the generator was running low on fuel, got a step ladder out and climbed to the roof with a five gallon gas can to top the generator off. In his attempt to refill the generator, the gasoline ignited, a fire caused bums to the left side of his body, caught his clothing on fire and burned his face. When his clothes caught fire, Mr. Loverdy covered his nose and mouth with both hands and as he backed away from the fire he fell to the ground, knocking the handle of the floor jack up against the exit door of the trailer trapping an occupant inside. Citizens Tim Day, Bob Athay, Doug Mason, and Erika Dennis quickly rushed to Mr. Loverdy's aid and extinguished the flames on his body with their coats, gloves, and bare hands. Meridian Police Corporal Branden Fiscus notice the commotion down the street from where he was assigned for traffic control during the Christmas parade. He grabbed the fire extinguisher from the trunk of his vehicle and proceeded to the concession stand where he climbed the ladder and extinguished the fire on the roof. Without the quick action of bystanders and Officer Fiscus, the situation could have been much worse. On behalf of the Meridian Fire Department and the City of Meridian, we proudly present certificates of appreciation for a job well done to Tim Day, Bob Athay, Doug Mason, Erika Dennis and Corporal Branden Fiscus for their quick thinking and decisive actions in preventing a disaster on this day, December 5th, 2009. So, if we could have those folks, please, come up. De Weerd: I do have some certificates I would like to offer you and just tell you what a pleasure it is for all of us to serve the citizens of this community and we know that equal in what we give to the citizens and what they give back to us. It's your quick thinking and kind of throwing caution to the wind and running to the aid of a fellow human being are those things that make our job such a pleasure to serve and -- now, see, you're going to get me emotional. I was doing really good. I kept saying, you know, the Council tolerates me all the time, because I am just a very emotional person, but it truly is such an honor to be here to recognize you for your care and compassion to come to the aid of someone else and certainly epitomizing the spirit of Christmas and the hope that we feel that others should be aware of on the compassion that others have. So, thank you so much for sharing your evening with us here tonight and allowing us to recognize you as unsung heroes, because truly your sacrifice was -- was one that you didn't think of yourself first, you thought of another and came to his aid. So, thank you so much and let me read you what we have here. This is a certificate of appreciation and in recognition of your quick actions in extinguishing a potentially dangerous fire on the 5th day of December 2009 and certainly it's much more than that, but we give this with our heartfelt thanks. And this is for Erika. And Tim. Oh, good, and a hug. And Doug. And you must be Bob. Corporal, thank you. Fiscus: You get a hug from me. Lavey: I just want to say a couple of words. I'll keep it short. I found out about this incident on the night of the Christmas tree lighting by a citizen that came up and Meridian City Council December 15, 2009 Page 5 of 85 reported to me what happened and it kind of made me feel really good on a couple of accounts. One is because one of my employees were involved and, two, is some citizens were involved. So, all I'd like to say is it's no wonder Meridian is such a great place with the citizens that we have and the police department that we have, thank you to our citizens. Siddoway: I'm Steve Siddoway, I'm the director of Parks and Recreation. We were putting on the event and Colin Moss, who was in charge of the event is here and we were both on site at the other end of the street when it happened and we were quickly on scene and were there when Officer Fiscus put it out. So, I thank you and thank all of you as citizens who -- who stepped up and helped in a very quick and urgent moment of need. With that I know that Mr. Loverdy is here in the audience and if it's appropriate I'd like to invite Mr. Loverdy up to thank them as well. Loverdy: Well, Iwill -- I don't think I have words to thank these people for what they have done for me. Without you guys I wouldn't be me. If -- my daughter there has started crying and I'm going to get emotional. You know, the bums were only second degree. It could have been third and it could have been a lot worse. One little detail that was mentioned that's kind of a little bit wrong, I was not trying to put gas in the generator. I left the fuel tank -- the gas tank on the side, I just noticed the tank was filled up and I think it was by the heat generated by the generator itself. So, I noticed that was kind of trying to remove the lid very slowly when it popped and the fuel just jumped all over my face and I got a chance to tum around and the fuel landed on the generator and generator shut off by itself. The generator caught on fire, because the exhaust was hot and the engine itself was hot and that's when it -- I caught on fire. So, I somehow went down and, then, all these nice people that came and helped, Tim -- I was trying to go back into the trailer after they put the fire out to shut the fire on the generator, because the flame was -- and he tried to push me back and push me and I say don't push me. I got to shut that fire off. So, finally, I agreed and, then, they took me back to the restaurant and also the people in the restaurant was very nice and helped me with -- put some wet towels and before I went to the restaurant I looked up and I noticed the corporal was up there with a fire extinguisher and I was told he used the whole extinguisher to try and get it out. I haven't been up there yet to look and see what the damage is, but I know that generator is out of service. Next time I'm going to get one -- a quiet one and it's going to be on the ground, so if I catch on fire I will already be on the ground. Thank you. Anderson: Well, Mr. Loverdy, we are glad you're still with us and you're doing so well and we wish you -- everybody here a Merry Christmas and good health through the year. Thank you. De Weerd: Thank you for being here. B. Presentation on Master Street Map and Transportation and Land Use Integration Plan (TLIP) Coordination with the Ada County Highway District (ACRD) Update; discuss draft Master Meridian City Council December 15, 2009 Page 6 of 85 Street Map and implementation strategy by: Caleb Hood (City of Meridian) and Justin Lucas (ACRD) Rountree: Next item on the agenda is the presentation of the Master Street Map and Transportation Land Use Integration Plan. Caleb or Justin. Hood: Thank you, Mr. President, Madam Mayor, Members of the Council. As you mentioned -- or it's on the agenda, Justin Lucas from the Ada County Highway District is here. I'm going to run through some slides in a Powerpoint. There is only six of them, I guess, briefly, and, then, I think Justin can help answer any questions that may come up during the presentation and, then, I have also asked him to talk about -- a little bit about how ACRD will be using this tool and implementing that at the highway district. So, the purpose tonight is to roll out the Master Street Map, discuss elements, and give examples of how the Master Street Map works. We will show how the Master Street Map works with other TLIP tools and plans and discuss how the Master Street Map will be used and implemented at both the city and district levels. I do want to see if you have any comments that we can forward onto ACRD on these draft documents. They are planning to adopt these documents late January. It's on their January 27th or 29th -- whatever that last Wednesday in January is agenda. So, what is the Master Street Map and how will we use it? The Master Street Map is a TLIP planning tool that depicts anticipated typologies for arterial roadways throughout Ada County. The Master Street Map is intended to capture information about future roadway characteristics. It includes information about where collectors and arterials are envisioned, what types of features or complete street amenities, like parking, landscaped medians, if the city has a pathway maybe adjacent, things like that, and what type of general land uses are also anticipated adjacent to the arterial roadway network. This past summer we did hold a workshop in the planning department's conference room. Council President Rountree attended that and ACRD staff was there as well and we, basically, had a blank slate and worked through working on designating the different typologies throughout the City of Meridian and our area of impact. We used the future land use map as a guide to what typologies to designate. So, an example would be if we have medium or low density residential on an arterial, our general rule of thumb was to go with a residential arterial classification. I'll get into a couple of examples of what that really looks like here in just a minute. The street typologies shown on the Master Street Map reference sample cross sections and a livable street design guide. That was presented earlier this year. In fact, that was the last time Justin was here to present the livable Street Design Guide, the draft cost share stuff -- I think it was in February, March, sometime. So, it's been some time. But that's the last time it was there. And, again, I'm going to run through a couple of examples of how these are all integrated and what that map does. Part of the Master Street Map is also a spreadsheet or a table that describes each arterial roadway in mile segments. The attributes of this table pops up in a GIS and, then, agency staffs can look at that information in the cells of that spreadsheet and see detailed information about particular segments. Some of the information in the table, again, includes like number of planned -- number of travel lanes, right of way, if any parking is existing or potentially proposed there and, again, any pathway needs. I did place larger versions of this map in your mailbox. You all should have had that before the weekend, as well as Meridian City Council December 15, 2009 Page 7 of 85 the spreadsheet that I just mentioned, too. So, there -- it's kind of a dual purpose tool with the exhibit of the map and, then, the ancillary or the spreadsheet that explains each of those typologies. So, a couple of quick examples. The first one is Pine. So, what you see on the majority of this -- of this slide is a page from the livable street design guide. It depicts a planned commercial arterial and it's made to represent what Pine Street coming into downtown from the west might look like in the future. I have inserted a blow up in the almost upper left-hand corner where you can see -- it's a blow up of the map. I know it's hard to see, but one of the segments is P13-2. It's the red segment -- it's an east-west segment there on Pine. So, then, if you go to page two of that spreadsheet from Master Street Map, the second to the last row is that P13-2, Pine Avenue, the segment is designated as an APC, which stands for a planned commercial arterial. Three lanes are planned. No funding is currently set aside for this improvement at the highway district. Parking in this section has been approved and approximately 74 or 75 feet of right of way is needed. Now, the example from the livable street design guide shows a five lane roadway orfour -- two lanes each direction and a center tum lane with medians. The example of Pine in this segment only shows three. The reason I chose this is because the livable street design guide is not a blueprint for what each road has to look like, but, rather, it is a guide for generally the feel and the context of a roadway as -- as a project that ACHD becomes developed. It shows the -- the desired relationship between buildings, landscaping, the pedestrian realm, and the travel lanes. We have taken into account the existing conditions as these projects go into design as well and, then, just to kind of, again, show that relationship, we would -- as ACRD gets into concept and, then, design of a capital roadway widening project, they come to the city, they say, hey, you have got a center median with trees in it say, do you guys want to partner with us still on doing those trees or shall we just have it be a median that has native grasses or concrete or art or whatever. But that's kind of -- it starts that dialogue of what maybe we do need to cost shared for if we want, you know, extra wide sidewalks or any of those other amenities, as they are called in some of the cost share policies. But, again, this is all -- is all integrated and is that starting point. I wanted to go through one more quick example. I know there is a lot on the agenda tonight, but I wanted to show a residential arterial and I have chosen Linder as this example. So, this is Linder Road south of the interstate between Overland and Victory. It's L17. It's -- it's that blue north-south roadway on the inset. So, again, on page two of that same spreadsheet -- I don't know if you're following along, but about a third of the way down that page is that segment and it's designated as a residential arterial or the abbreviations AR. Five lanes are planned. No funding is currently set aside for this improvement. No on-street parking. Ninety-six or ninety-seven feet of right of way is needed and there are some comments, too, in the far right-hand side. First, this roadway was evaluated in the south Meridian transportation plan. Second, the city's pathway plan should be considered as design of this roadway project takes shape at the highway district. So, it's a clue to those users, then, both at the city and at ACHD when they look in that comments column that, hey, this roadway has already been -- it's part of a study and there is some concept design for what the flavor of this roadway should look like. Go see those documents. There is a city master pathway plan, go see that, because there is a segment of our pathway that either crosses -- runs parallel to this roadway section. So, again, it's a tool that helps us Meridian City Council December 15, 2009 Page 8 of 85 all get on the same page as we start to design roadways. And, again, I chose these two examples, because probably 90 percent of the roadways in Meridian are either the residential arterial that's on the screen or the planned commercial arterial. So, those cover a vast majority. These are some mobility arterials, as well as our downtown -- our town center cross section and a couple of industrial roadway sections, too, but they are far out numbered by the planned commercial and the planned residential. So, the Master Street Map, again, is intended to help design and construct accommodations for all likely users of the roadways, not just cars. Pedestrians, bicycles, and buildings are also taken into account. The Master Street Map will be referenced during preapplication meetings, project scoping meetings, staff report writing, and the like. The idea is that the master street map will give ACHD and the city staff and officials a better starting place for designing and constructing roadways and approving land uses both. The Master Street Map is a living document, so these aren't set in stone. There are some protocols that were also part of the packet for this evening that ACHD has drafted. I don't think they quite have that in their policy form yet, but it gives a flavor for how you use this, how you amend this document and there is procedure set in place, then, if anyone does want to change the map, including the city. And I may let Justin talk a little bit about that, too, that whole map amendment process. The Master Street Map is not intended to be a regulatory document, but, rather, a planning tool that we all use to build the arterials that we have envisioned. Next year city planning staff will be preparing an application that incorporates some of the TLIP documents into the city's Comprehensive Plan by reference. We will probably also have some UDC text amendments, too. We will also be preparing a resolution supporting this Master Street Map and some of the other TLIP documents, again, the livable street design guide. We aren't quite sure how we are going to roll all those in, but some reference in the Comp Plan, some resolutions supporting, and we will come back to you again with a better idea of what makes sense for ACHD to adopt, what makes sense for the city to adopt, and what makes sense for both of us to adopt or support each other as they start implementing or we implement. So, again, I'll come back with a plan as part of that Comprehensive Plan update. I think that's all that I wanted to cover for this evening. I will ask Justin maybe to come forward as you have any questions that maybe I can try to field as he's coming forwarded, if you have any. Rountree: Questions for Caleb? Caleb, I have one and it's on Pine and it's segment P12 and the spreadsheet shows Pine planned as two lanes and I believe the setbacks and right of way and sidewalks setbacks have all been set up for at least a median. So, that would be the third lane. And, then, I would have a question for Gary or Justin at some point in time about when that intersection is improved with the project that's underway right now, I assume that those legs will be improved somewhat off of Ten Mile with the typical section on Pine that it will look like there. A couple questions in there. Hood: Yeah. I'll look -- I'm going to look at that section you mentioned it was off of, Council President, Madam Mayor, and Council Members. I'll look that section up and look at that. I see where you're on the spreadsheet there and it does show two lanes. That may be a typo. I don't know how it's shown as two. It probably -- or Justin may be able to answer that, too. But I'm going to find it on the map -- Meridian City Council December 15, 2009 Page 9 of 85 Rountree: I like the typo answer. Justin. Lucas: Mr. President, Madam Mayor, Members of the City Council, thanks for having me tonight. I'd like to start by just saying thank you to your staff for cooperating with us on this effort. It's been a long process and as you can see there is -- a lot of what we have done for the City of Meridian, we have done that for every community in the valley and so there is a lot of work that's gone into this and it's a lot of new work and a new process that we are trying to put in place and so there may be -- very well may be some things we are still cleaning up and that's just part of that process of finding those things and fixing them and, fortunately, as Caleb stated, this is a living document that is not meant to denote any final decision on anything, it's a planning tool that can be modified and changed over time as we get better information. I don't know if I -- I'm the best person to speak directly to the question about the Ten Mile and Pine intersection. I know that that project I believe is under design, if I -- if I'm correct. Gary might be able to give you a little bit more input on that. I'm not on that project team and I can't give you many details there, but if Gary has anything he'd like to offer, he's welcome to come up and do that. Inselman: Mr. President, I don't know exactly how far back it's going, but I know Pine is planned for three lanes there and we would typically go back a couple hundred feet at least to complete that leg with the intersection. Rountree: That confirms what I was thinking and it probably is a typo. Thank you, Gary. Thank you, Justin. Hood: Maybe just a brief in closure. That's the only two lane arterial that's in this whole spreadsheet, so I think it's just meant to be a three. So, we can correct it. Thank you. Lucas: It's likely and I'll just -- I'll go back and correct that. That's something we can certainly change. Rountree: Anybody have any questions for Justin? Bird: I have none. Lucas: Thank you very much. Rountree: Thank you. I think this is a -- it's a great planning tool and it's nice to have a visual now, instead of colors on a map. Item 7: Department Reports 1. Community Liaison Update by: Luke Cavener 2. Mayor's Youth Advisory Council Update by: MYAC Meridian City Council December 15, 2009 Page 10 of 85 Rountree: Next item on the agenda, Mayor's department, community liaison update. Luke. Cavener: Mr. President, Madam Mayor, Members of the Council, I have our Mayor's Youth Advisory Council here for their report as well. I know of each of them have some homework to get to tonight, so I'm going to let them go first and, then, I will continue with my report when they are finished. Rountree: If they promise to get their homework done we will let them do that. Wilder: Hi. My name is Amanda, I am the MYAC historian this year and this is my second year involved with MYAC and over the last month we have participated in several events and one update from the last MYAC update was when Janelle talked about applying for the tobacco grant for the tobacco education for teenagers. We actually did get accepted and we did get the 1,000 tobacco grant, so that is a huge accomplishment for our government affairs and MYAC committee and we are definitely looking forward to using that grant for tobacco education for teenagers. Also along with that we had a TAC movie night that was a huge success and we had it at the community center a couple weeks ago and we had 35 to 40 people come show up and it was just a great time and every month the TAC committee puts on a community event like this. We also participated in rake up Meridian and this year we had a lawn that we did and we raked up 40 bags of leaves and they were pretty big bags of leaves and we also mowed the lady's lawn, so that was definitely a lot of fun. A little bit chilly, but we all got to know each other a little bit better and we were able to -- be able to participate in some community service on a level that we could go hands on. Also on December 5th was the Holiday Street Fair and we had about 15 different kids come and help with that. I was one of those people that walked around as Rudolph in the mascot costume for a couple hours and I will say that I will no longer take my sight for granted and it was definitely a lot of fun. But that was something that it gets the youth council out there in the community and we get to do fun events like that and we really do get to see the community on a hands-on level and especially little kids and definitely doing stuff like that is a lot of fun for us. One other update that we have is that we are planning on doing a dinner auction this year to benefit the Meridian Food Bank and that will be on March 25th and that's something that we are very excited about and is currently in the works, so -- Douglas: I'm Carson Douglas. This is actually my first year in MYAC and I am the new secretary. Last night we had our holiday party and it was really fun. We -- it was a general meeting and so we talked about some of our upcoming events that Aubrey mentioned and we had a good time and we had a white elephant and it was really fun. That's all I have. De Weerd: So, what did you get, Carson? Meridian City Council December 15, 2009 Page 11 of 85 Douglas: I got a hot chocolate mug. It was really good. I went home and warmed it up. And that is all I have, I guess. Rountree: Any questions for these folks from the youth council? Bird: Madam Mayor -- or -- Rountree: Mr. Bird. Bird: -- Mr. President? I don't know the gentleman, but this young lady here, you talk about a person that is involved -- and I don't know how she manages her time. She's -- she's afantastic young lady. It seems like everything I go to she's involved and I certainly appreciate having youth like that in our community and, Amanda, you do a job. Wilder: Thank you. Bird: Thank you very much. Wilder: Thank you. Rountree: Any other comments? Carson and Amanda, thank you for being here and thanks for the update. Wilder: Thank you. Rountree: And have fun studying. Okay. Luke. Cavener: They are hard acts to follow. I swear they do so much and I agree with Councilman Bird, that, boy, Amanda is -- Councilman Hoaglun and I were joking beforehand -- I think that she must have some dirt on Frank, because her picture shows up in the paper it seems just about every week. Anyway, Meny Christmas. Good evening. It's time for my monthly report. As always I have got a supplemental document that kind of provides more in detail some of the stuff I will be speaking on tonight. So, one of the things that I wanted to talk about is something that I touched on last month and that was on our business registry. When I was in front of you last month we were just getting ready to launch it. Since then we have had 150 Meridian businesses join our registry. bizreach.com, who is the company that's hosting this registry, has been -really pleased with the -- the input and the participation from Meridian businesses. So pleased, in fact, that they are spending some of their money to create a radio ad that they will use to promote the Meridian city website, as well as the Meridian business registry as a way to bring more business to the registry and to bring -- drive more traffic to our website. So, that's been something that I have been really pleased with and in speaking to our business community about it, they are really pleased with having the opportunity to showcase their business for free in this kind of changing economy, anyway to market and showcase without spending any ad dollars is always a benefit. So, we have been really, really pleased with that. Speaking of businesses, we Meridian City Council December 15, 2009 Page 12 of 85 had three new business ribbon cuttings this month. Stadium Sporting Goods, which is an independent sporting goods company. Five Guys Burgers and Fries, which is a national franchise. It's on Eagle Road. And the Home Federal opened a new branch as the Silverstone building. What's been real fun for us to do is at the Five Guys ribbon cutting we launched a new program and I spoke on briefly last month, which is the pay it forward program. Every time the chamber does a ribbon cutting they present a plant to the business and the idea is that as the plant grows, so does their business. Our office has now presented a pay it forward gift, which is a gift from the previous business's ribbon cuttings. So, Five Guys has presented a gift to Stadium Sporting Goods, Stadium Sporting Goods presented a gift to Home Federal and so on and so forth and it's a way for our business community to really support each other in Meridian and it's something that our community has been really -- has really gravitated towards and are really excited about and each of our businesses have been very thoughtful in coming up with something that's unique that showcases their business, but also benefits the new business doing the ribbon cutting. In addition to the three ribbon cuttings, we have two new businesses that opened up here actually in downtown. Zola Marie's and Vintage Home, which was a business that moved from Nampa to Meridian. They do antique and furniture restoration, if you're needing those last minute Christmas gifts -- I purchased something for my girlfriend. They have great stuff there. Hopefully she won't know about that. Another business is Priest Chocolate, which is a scratch chocolate shop on -- that's located right next to Rick's Press Room and there is stuff in there that is really incredible. Their specialty is the Bavarian curl. It's like a -- like a piece of like almost butterscotch that's been dipped in chocolate. It's -- I have had a couple and I can vouch for them. They are pretty dam good. Both of those businesses were featured and talked about by the Mayor when she was on Wright Stuff Radio, which is Branden Wright, the gentleman who has the monthly smoke out meeting. It's his own radio show and the Mayor was on and did a great job talking about area businesses and promoted those two new businesses, promoted those two new businesses in downtown. Couple other things that's went on this past month. The community Thanksgiving was held at Valley Shepherd. I noticed a couple of you there and this was their best year ever. They had about 250 people from the community representing all different faiths and churches in and around Meridian and it's something that will continue to be an annual event celebrating the week before Thanksgiving in Meridian. It's hosted every year at Valley Shepherd and I think it will continue to play the host. Let's see. What else? A couple events for you guys to be aware of or I guess one that we did have was the -- was the Coffee With The Mayor. I know some of you were there. Again, one of our best Coffee With The Mayor on record. It's becoming an event that instead of our office going to a location and saying, hey, would you mind having Coffee With The Mayor there, they are calling us and they are saying we really want to have Coffee With The Mayor at our business. I know the University of Phoenix, every time I see them, they say we want to do Coffee With the Mayor at our new location. We want to do Coffee With The Mayor at our new location. And the two biggest benefits that we hear from our business community why they attend this is, one, the opportunity to network. But, two, they love that our Mayor is here, that our department directors, that our Councilmen are there, and that they are able to get that one-on-one time and ask the questions and have anyone who might be the expert on that subject right there Meridian City Council December 15, 2009 Page 13 of 85 to answer them. So, it's become a great event that we continue to see new faces and faces returning each time that we do it. Another event that we have got coming up is our town hall meeting. I touched on this real briefly at the end of my report last month. It's going to be January 13th at 6:30 p.m. at Heritage Middle School. It's a unique approach to a town hall. We are calling it Meridian Unplugged and that we are allowing our citizens to really drive the format of this meeting. We want them to bring their questions about our community and their ideas and to have that open forum with our city leaders. So, I'm really excited about it. I have been working with our area HOAs, homeowners associations, that surround Heritage Middle School and they are excited to have participation from each of their neighborhood associations to come and participate. Amanda and Carson did a great job on talking about things that are going on in youth council. One of the things that I do want to share real briefly is that they received -- in addition to their grant, they received -- Idaho Power contacted me last week and have been so impressed with everything that the Mayor's Youth Advisory Council has done over the past couple of years they wished to make a cash donation to MYAC to use for whatever program they see fit. So, they may use it towards their government affairs subcommittee. I think the direction from the youth council is that they are going to want to use it for their -- their dinner auction, which is benefiting the Meridian Food Bank. An important point to bring up about the Meridian Food Bank that has changed this past month is prior to December if the Meridian Food Bank needed food, they were buying it from the Idaho Food Bank. That's changed now. The Idaho Food Bank has eliminated that cost and are now the Meridian Food Bank and all other food pantries and food banks are able to come to the Idaho Food Bank and pick up that food without cost. Currently each food bank is responsible for their own transportation to come and pick that up, but the Idaho Food Bank is working diligently to find a solution to be able to deliver food all across the state to benefit our local food banks. So, that's something that's really exciting. De Weerd: Mr. President? Rountree: Madam Mayor? De Weerd: Luke, the Council purchased a refrigerated truck for the Idaho Food Bank and it was based on the premise that they would transport refrigerated items to the Meridian Food Bank. Is that happening? Cavener: It is. The response that I received from the Meridian Food Bank is that they are trying to allocate as much resources as they have right now, because the need is so high for food and that they have received some donations from the local agencies, churches and whatnot, and that they have tried to use the cash that has come in to buy additional food or to use it for just general day-to-day expenses, as opposed to using it as fuel and maintenance on the vehicle to go to and from. Dan Clark says that he hopes that that will change and depending on how things really play out with the Idaho Food Bank, that may change, but their opinion is right now they want to used the funds that they currently have to focus solely on food. Meridian City Council December 15, 2009 Page 14 of 85 De Weerd: That didn't answer my question. Rountree: Madam Mayor. Bill, unless you have heard something different, the Meridian Food Bank and the Idaho Food Bank came to an agreement and an understanding of what was involved in that transaction. There was some confusion the first year and we were not getting recognized and we were not getting the terms of the agreement met by the Idaho Food Bank. They have since sat down with Meridian Food Bank and worked out the intent of the Council and that was to have food collected in Meridian that the Meridian Food Bank have -- have first basis, I guess, on that at no cost and I have not heard anything different, but that has happened. Nary: Madam Mayor, Members of the Council, Council President Rountree, that was what my understanding was, too. We had this discussion about a year ago where Meridian Food Bank was not getting the response from the Idaho Food Bank. I spoke with them, they did verify -- and the Meridian Food Bank was happy with how things were working. So, as far as I know things were working out just fine. They were getting the food delivered as much as they could be and I don't know if anything's changed since then, but there were a couple of years that we funded the vehicle, but I -- as far as I know it was working the way it's supposed to. Hoaglun: Mr. President. Just to clarify, Luke, what I heard you say, then, was the fact that because the need was so great they are trying to reduce all extraneous costs, like transportation, so they can just use all their funding or as much of their funding possible for food and that's why -- so, this is just a temporary situation or -- Cavener: Mr. President and Councilman Hoaglun, correct. That this is the -- they feel it is a temporary solution. The other complaint that has come from the food bank to me was that they would -- it would place an order for food with the Idaho Food Bank. These are the things that we would need, peanut butter, tuna fish, et cetera. They would, then, arrange transportation using the truck to go pick it up and that the food would sometimes, then, be given out to other people, someone would come up with a need and they weren't being -- their reservations weren't being met. In speaking to people from the Idaho Food Bank, and the Meridian Food Bank and that's one of those issues that is getting better and that they anticipate by the middle to end of this month we will -- all the kinks in it will be worked out. And it's something that I can do some more digging and find out more information and definitely provide you all with an update before I even get in front of you guys next month. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: Follow up. I just wanted to see if you can find out -- this vehicle -- this refrigerated unit truck -- truck unit was to deliver anything that they picked up that was -- needed refrigerating, was they picked it up at the Meridian locations they would give it to the Meridian Food Bank first. So, they did the transportation and that is what our Meridian City Council December 15, 2009 Page 15 of 85 portion funded and I want to make sure that that is working. So, if the Idaho Food Bank can give us, through you or come and talk to the Council, but that they report on the success or the progress of that program. Cavener: Mr. President, Madam Mayor, agreed. And it could potentially be that the communication lines are being crossed and one group thinks one thing is happening and it's, obviously, clearly not. So, I will -- I will do some -- get some more information from the Idaho Food Bank, present that to you, and speak to you specifically about what it is they are doing. In addition, I'll make sure that the information that I'm receiving from the Meridian Food Bank is accurate. De Weerd: Thank you. Cavener: No problem. So, another group that -- just to give you a brief update as to what's going on with them is the Meridian Senior Center. I try and give you a brief snapshot every month as to what's going on with our area seniors. Matt Ellsworth and I spoke to them last month about soliciting for proposals and ideas for them to use the CDBG funds that have been allocated to them for community programs. They will be providing a final proposal to us this Friday. They have given a rough snapshot of some of the things that they are looking to do, mostly focusing in two different areas, health care and quality of life stuff. They want to have a pharmacist come in and review their current prescriptions, make sure that they are -- they have got the right drug, to make sure that they are on the right prescription drug plan and they want to go to the Idaho Shakespeare festival, to take classes, to do additional water colors, painting, stuff like that. So, next month I will be able to share with you what their exact proposals are and how they plan to allocate those funds. I have been doing this job for just a hair over a year and it seems that every -- every week brings new adventures. I wanted to share one that happened to me this month that I thought you guys might get a kick out of. I received a phone call from a person who is in a neighborhood who was inquiring about what the city code was about chickens. They wanted to raise chickens in their backyard and wanted to make sure that they did it the right way. I worked with -- with legal to find out what the city code was on how many chickens we are allowed to have in our backyard and no surprise surprise, we don't -- we don't have a code that deals with about how many chickens that we can have. Fortunately Boise does. They have a guideline of three hens, no roosters, so I coordinated with that HOA and I said, you know, we can -- we can go ahead and follow Boise's blueprint and let's keep the hens out of the neighborhood and if you want to use chickens to lay some eggs and to go ahead and do that and they were very pleased and I imagine if you're starting to see kind of an emerging trend of self sustainability, we may see more people in the future that are going to want to -- going to raise chickens in their backyard. So, I doubt this will be the last time that I'll hear about it. Something maybe to keep in the back of your head for -- never know when someone is going to want to come before you and have more than three chickens in their backyard. It's fun talking to our citizens. I get a kick out of the questions that I receive, as I'm sure you receive odd and different questions on a daily basis as well. One of the things that I have always tried to do is to make sure that we are effectively communicating with our citizens and with our community. I try Meridian City Council December 15, 2009 Page 16 of 85 and give you, you know, a snapshot, again, of what's going on on the social network side and every day we communicate, we share our message with over 500 individuals in the form of our social network strategy using Facebook and Twitter to send out information. Tonight I sent out a post letting everyone know what the current needs are for the Meridian Food Bank, which is, again, peanut butter, tuna fish, and jelly and every time that we have done that groups and organizations have received a bump and I expect I wilt hear from the Meridian Food Bank that over the next couple of days people will bring that stuff in and it really gives us the opportunity to tell Meridian's story and I have enjoyed being able to talk and interact. In the packet that I have provided you there is some comments left from different people that live in Meridian about things that they like -- I posed a question what's your favorite coffee shop in Meridian and that sparked a debate. So, you can kind of see what's going on in our -- on our citizens' minds. Another project that's been very successful is our blog program. Every blog that we pop out just seems to be flooded with response to people really excited every Monday, Wednesday, and Friday when a blog comes out. By and large the Mayor's blog on celebrate Meridian is our most popular, but all of our other department blogs -- I receive the same amount, so there is not a first, second, or third, it's -- everybody really comes back day after day to see what's going on and, again, I really like the fact that it gives our department directors the opportunity to really share, you know, Meridian's story with our public. So, with that one other thing to mark in your -- in your notebook -- and I'm sure you probably have already heard -- February 4th, State of the City at Meridian Middle School. I'm sure I will be sharing a little more information about that in the months ahead. And with that I will button up, unless you have any questions. Rountree: Questions? Hoaglun: Mr. President? Rountree: Brad. Hoaglun: Comment for Luke. I was at Boise Area Chamber of Commerce elected officials reception here a couple weeks ago and someone who lives in the city of Boise, but they are involved in activities throughout the valley, said she told me -- she said I know more about what's going on in the City of Meridian because of their social media than she says I do within the city of Boise and I live in Boise. And she said I talked to the mayor of Boise about this, that I know more about what's going on in Meridian than I do in my own town. So, I think that's a good compliment for -- for what we are doing, so good work. Cavener: And I'm happy to hear that. I think I shared with you before, we have fans of Meridian that live in Boise. We even have a fan of Meridian that lives in Canada. So, they are not just people that are living in Meridian that are a fan of our community, they are intemational fans, if you will. De Weerd: International. Meridian City Council December 15, 2009 Page 17 of 85 Rountree: So, we Twittering and blogging on an international level. Any other questions, comments for Luke? De Weerd: Oh. Rountree: Madam Mayor. De Weerd: Mr. President, I did have aquestion -- while you were at the senior center and they are focusing on several different things, did you share with them about the prescription drop-off program? Cavener: I have and we have -- I have actually shared that with them a month ago and it's been one of those things that we have reaffirmed and what they -- the response that I have received from the board is that right now our seniors have a lot of variety of drugs that are in their medicine cabinets, in their drawers, and they are not sure which ones to keep and which ones to get rid of and they are hoping that by bringing in a pharmacist to take a look at what they have, make sure they are having the right stuff, that we can, then, partner with the police department and have those prescription drugs dropped off that they no longer need. What they feel is that sometimes some of our seniors are hoarders and they want to keep everything just in case and by allowing a safe environment for them to bring it and have a pharmacist say yes to this, no to that, really no to that, we will make it easier for them to eliminate some of the stuff they have got. De Weerd: Good deal. Cavener: All right. Well, thank you all very much. Have a Meny Christmas and a Happy New Year and I will see you in January. 3. Department of Environmental Quality (DEQ) Air Quality Update by: Pete Wagner Rountree: Thank you, Luke. Thank you. Next item is the DEQ update on air quality. Pete? Wagner: Mr. President, thank you very much, and Members of the Council and Madam Mayor. The Mayor asked just us yesterday, actually, to come to speak to you about the emission testing. I'm Pete Wagner, I'm the regional administrator for DEQ, Boise regional office. Hill: And I'm Steven Hill, I'm the regional air shed manager for the Boise regional office. Wagner: I'm not sure -- we didn't do a formal presentation for you tonight. I'm not sure, actually, the format that the Mayor was looking for tonight, to be honest. We didn't have a chance to have an in-depth discussion. Be happy to lay out the history of the program, where we are to date, and answer any questions that you might have. Meridian City Council December 15, 2009 Page 18 of 85 De Weerd: Mr. President? Rountree: Madam Mayor? De Weerd: I think, Pete, just kind of the overview you gave to the Treasure Valley Air Quality Council yesterday in terms of the RFP process, where we are at, maybe in considering the questions you got yesterday just kind of fill in some of those gaps. Wagner: Okay. Sure. So, there was a state law that was passed that actually mandates vehicle emission testing or something similar to that when certain conditions are met and those conditions have been met in the Treasure Valley. We are pretty close to exceeding the federal air quality standard and vehicles are one of the top two emission sources that are contributing to that issue. So, because of that, the cities and the counties in the Treasure Valley, including yours, have options and some of those options were to have a vehicle emission testing program, to actually have DEQ run a vehicle emission testing program, or to propose some altemative program that was vehicle related and would offset the same amount of emissions that a vehicle emission testing program would. So, hopefully, you got that. You actually are part of the Ada County Air Board and you have a vehicle emission testing program that's applicable to your citizens. In Canyon county and in Kuna they do not and so those cities in Canyon county and Kuna -- actually, Kuna did not respond to the director's request, so, actually, we are implementing a vehicle emission testing program for them because of that, basically. Canyon county and its cities actually propose an altemative program that was vehicle related. Not all vehicles related, however, so we could only count the vehicle related portions. The emissions that they propose to offset equaled about three to five tons of emissions. The program actually just for Canyon county needed to offset 252 tons of emissions. So, you can see there is quite a bit of disparity there between what they proposed and what they needed to offset, so because of that we have to follow the state law. The state law, basically, mandates, then, that DEQ move forward and implement a vehicle emission testing program in Canyon county and so we are combining Canyon county and Kuna and what we are doing, actually, is -- we have done a lot of research about vehicle emission testing programs through other states, we have talked to state agencies, we have talked to the EPA, and we have talked to Ada County's program, too. So, we went out with a request for information about six weeks ago and we solicited information. We got that information and we finalized our RFP and I'm happy to announce and I think Steven's going to breathe a sigh of relief here, we issued that RFP just today and that was meeting our time frame. So, an RFP is actually out on the street. It will be out on the street for 30 days. We will hold a bidders' conference in between the time that that closes to answer questions and, then, those bids will come in, we will evaluate those bids according to the criteria that's in the RFP and, then, once we do that we will actually choose a contractor. So, that contractor will act on the half of -- on behalf of DEQ to plan and implement a vehicle emission testing program with the goal of having that program implemented by June 1st of next year and June 1st is important, because that starts the peak of our ozone season and that's one of the main reasons for implementing a vehicle emission testing program. The other thing that we did in the RFP that's sort of unique to the RFP process is we went around Meridian Ciry Council December 15, 2009 Page 19 of 85 and actually talked to the mayors and the county commissioners in Ada County. So, we went with Mayor de Weerd and talked with her and what we did in our -- is we are soliciting a second cost proposal in this RFP. It will not be scored, but we are soliciting that information for that same contractor to operate and run a vehicle emission testing program in Ada County and I want to be very clear, the choice is the cities' and county's in Ada County whether or not they want to participate with DEQ and our contractor or the city has the choice to continue with the air quality board and to continue a program that's very similar to what's being run today. So, I think those are very -- very important distinctions that need to be made. The choice again is yours, not ours. We are just soliciting that information in our RFP we can present that information to the cities and the counties. So, I think that's pretty much where we are right now with the RFP process. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess, Pete, if you can talk about the timeline for awarding it and if there will be opportunities -- I guess a question came up yesterday on if there is opportunity for cross-testing, if Ada County can get tested in Canyon county and vice-versa, what kind of relationship they could possibly have with one another. Wagner: Yeah. Right now, actually, the time frame is -- is to sign a contract by February 3rd and so we hope to meet that time frame and we'd have that contract in place. After that we would actually come back to all the cities in Ada County and to Ada County itself and ask them if they, then, would want to participate with our contractor or continue with a program that's similar to what they are running today. At that point in time, if the cities in Ada County and Ada County itself, propose to continue operating their own program, I'm not going to be able to stand up here today and tell you that the two programs will be exactly the same and that they would be able to get their cars tested -- you know, if you lived in Ada County you could get your car tested in Canyon county, those details would have to be worked out. I'm not sure the direction -- I know certain -- most of the direction that the Ada County air board is going, but there is definitely fine details that would have to be worked out with our contractor that I don't know yet, because we don't have our contract in place. Rountree: Any other questions? Bird: I have none. Very good. Rountree: My question is essentially the same as the Mayor's, but I wrote it down here. Is there a provision in the contract to require the new contractor, if Ada County chooses not to go with them, but stay with the air quality board, that there is at least a coordination and cooperation? Meridian City Council December 15, 2009 Page 20 of 85 Wagner: Mr. President, Madam Mayor, and Members of the Council, there is nothing specifically in the RFP or in the contract that says that, but I can speak for the director and myself that that would be the intent of DEQ to work as closely as we could with the Ada County air board and the staff that exists today to try to get those programs as similarly as we could. I just didn't want to guarantee anything tonight, just because I don't -- I don't have those answers. De Weerd: I want a guarantee. Rountree: Any other questions, comments? De Weerd: Mr. President, I guess just one. I know you had mentioned that this program would be up and running by June. Isn't that too late? I mean it's not like you're going to test all of Canyon county cars in the first couple weeks of June to have the gross polluters off the road or -- or taken care of. Is there a way to escalate the time frame or a schedule for that? Wagner: Potentially that's what we have asked for in the RFP, so, theoretically, a bidder could actually bid and say that they could implement the program more quickly, if you will, and that could be scored accordingly. I will say that in the RFI process there were four or five RFI responses we received and most of them had time frames that were pretty aggressive and would meet or come in before that June 1st date. It just depends on the program that the bidder proposes is one of the main things that will determine the length of time they need to actually get the program in place. So, your point's well taken. We feel we have been on a very aggressive time line and we had to follow the state law about -- about making determinations and those kind of things, that we didn't want to get those wrong. And the other thing that we wanted to do from a DEQ standpoint is we didn't want to develop a program or rules for the issue that we have right now and right now we are in attainment status and what I mean by that is we have not violated the federal air quality regulations, but if we violate the federal air quality regulations, then, EPA has oversight on what we do. So, what we have done so far is actually made everything and developed everything so that if we do exceed those standards some day we don't have to go back and reinvent the wheel, we have done all that leg work right now. So, all those things took a little bit of time to do, but I think they will pay off in the end. De Weerd: So, follow up? Rountree: Madam Mayor. De Weerd: Are we going to be testing -- is Canyon county going to be testing for the same thing that Ada County is testing for? Wagner: The same pollutants? De Weerd: Uh-huh. Meridian City Council December 15, 2009 Page 21 of 85 Wagner: Correct. De Weerd: So, same technology will be used? Hill: Similar technologies will be used. There are standards that are set up for what technologies you can use to test. There is only a couple of options out there. Right now the Ada County program is using acontractor -- Councilman, do you remember who you're using? Zaremba: Worldwide. Hill: Worldwide. Thank you. And they use the similar guidelines for their technology is called Bar 97 for tail pipe testing and that's pretty much the standard and it's what's across the board everybody has to use. Wagner: If I might, Mr. President, Madam Chair, and Members of the Council, one of the things that we are doing in the RFP is we are soliciting different types of technologies also. So, the RFP's out, so I can talk about it finally and the RFI, actually. Some of the things that we have seen not only are there tail pipe tests that could be done and OBD testing where they plug into your computer system, you have probably done that. There is remote OBD for fleets of cars where actually they just -- it's like, you know, the cell phone, it contacts the OBD over a system like that and tells the system whether or not that vehicle is in compliance or not, so they don't even have to go in to get a test. So, there is technologies out there like that. There is other technologies like kiosks, those have been used in other states where you actually -- if you have OBD you pull up to a kiosk, you plug your car in, it tests your car and, then, you get a printout of whether it passed or not. And, then, lastly, the other technology that we have heard about is remote sensing where you can actually -- almost like a policeman sits on the side of the road and measures your speed, there is technology out there that somebody can sit on the side of the road and measure your pollution also. And so those are different types of things that we expect in this RFP response that we will see. So, those, again, might be a little bit different than the technologies that the current Ada County air quality emission testing program has. It's not to say that they couldn't change to do that, but that's just some of the differences that might exist. De Weerd: Pete, I know that the EPA is looking at lowering or increasing the standards, however you look at it -- Wagner: Uh-huh. De Weerd: And that could come in the next couple of days or in the next month. With a three year average this coming summer is very critical to hopefully staying in compliance of any new -- what are the chances -- how important is the coming summer to staying in compliance? Meridian City Council December 15, 2009 Page 22 of 85 Wagner: Sure. Madam Mayor, Mr. President, and Members of the Council, it's very important, actually, and I don't want to just focus on this next summer. It's actually from now on, basically, is where we are. The standard is 75 parts per billion and we are at 75 parts per billion. That's where we are today. So, you can't get any closer than we are now. So, any increase in pollution levels could be a problem. The Mayor is correct. Actually, EPA is supposed to issue a promulgation this December, sometime this month, so we expect that probably in February, but that would lower the standard actually from the 75 parts per billion and we don't know what they are going to lower it to, but the recommendation is anywhere between 60 and 70 parts per billion. If they lower it to 70 parts per billion we are going to be right there. Our three year average for 2006, 2007, and 2008 was 71 parts per billion and this last summer -- so, it's a three year average again. This last summer for 2009 we are quality assuring and quality checking the data right now, that looks like that number is going to drop a little bit, but I'm not here to stand up here tonight to tell you that's going to drop significantly and, you know, save us, if you will. There is a lot of work that still needs to be done. The Treasure Valley Air Quality Council is one group. You, actually, as elected officials are another one working with your business communities. We, actually, are trying to develop a plan to do more out reach and I think that's extremely important to the business community, not only is this a health issue, but it's an economic issue. If we do go nonattainment, that just means additional cost for businesses that want to come here and for businesses that are already here and that's the last thing that we all want, so -- Rountree: Any other questions? Thank you, Pete and Steve. Appreciate your comments. Wagner: Thank you very much. De Weerd: Thank you. Bird: Thank you. 4. Air Quality Initiatives Update by: Robert Simison Rountree: Yet more about air quality. Robert. And are you and Councilman Zaremba going to work this item together? Simison: Well, Ididn't -- I didn't know if Councilman Zaremba's items dove tailed better with that presentation or not, so I was going to -- Zaremba: It's kind of independent. It's a result of what's going on. Rountree: Go ahead, Robert. Simison: Okay. Well, Madam Mayor, Councilmen, the Mayor asked me to come and give you a kind of an update on the air quality initiatives that the city has been taking primarily related to some of the trip reduction that is dealing with its employees, as well Meridian City Council December 15, 2009 Page 23 of 85 as some of the air quality things that we are doing in the city to try to make it so we do not reach attainment -- or don't hit a nonattainment in the future. So, just to give you an update on some of the -- some of the items. I'm not going to touch on everything, but the signs you have seen out in the parking lot, the clean air zones, Idaho signs, those have been installed in all of our parks, fire stations, water and wastewater facilities and City Hall. So, we our letting people know to tum off your engine when you're here on city property. The Mayor -- we are going to be taking those out into the community -- into the business community as part of our site visits, encouraging each business that we visit with to either consider putting up the signs or implementing no idle policies for their vehicles once they are there to help in that process. One of the trip reduction measures that, you know, you may not really think about, but our virtual private network that has been set up, the VPN network that the employees utilize the, recent upgrade to make that more safe and secure, there is additional effort to be taken at our wastewater treatment facility to reduce some employees going out to there, but overall I think on any given day we are having probably one -- at least one employee who is telecommuting from home some days. When I spoke to IT today we have had as many as eight people doing it at any given time. That may be people who are working from home. That could be people who have had to stay at home, but they still had some work to do to be done, whether it was for an hour or for two hours, but it's reducing those trips that people need to take to come into the City Hall to perform their duties. Whatever the case may be. So, I know it's been really popular with employees. I utilize it quite often and appreciate not having to drive down here on the weekends sometimes to get some work done when it needs to be done. The alternative transportation program, that's a program that we kind of ruled out this last year where employees do car pool, walk, bike to work to give them incentive to do so through the wellness committee. It didn't take off as well as we had hoped. At least with all the employees being aware of it. So, it's going to be relaunched again as part of the wellness committee's effort for May In Motion. But we have had roughly four to six people in the city who routinely fill out that information. We know there is a lot more than that that do walk, car pool, or bike to work, but it averages about 35 days a month where these four or six individuals who Ann Lee has been inputting this information, are reducing trips to the city in one form or another. So, it is a small step, but it is a good step. And part of that has been put together by the Find A Ride program that we implemented. This is a piggy back that we did kind of off of Ada County things where employees from -- volunteer and say, hey, do you live next to me and we work similar hours, I'm happy to try to car pool with you to work. We have about 30 employees who have signed up into that program and said that they are willing to do it if they can find people with similar work patterns and schedules and it currently shows that four people are actively doing that at this point in time. I will say that when I checked it when gas prices were higher, we had about ten people who were doing it and doing it quite frankly -- quite frequently between different departments here in City Hall. So, we have to do some reductions there. When you built this building you took some time to put in bike racks and facilities for employees who wanted to ride their bike here. We have two to four employees who do that fairly regularly when the weather permits, which is -- you know, it a start, but I know people are doing that. We have other ways that we are eventually trying to reduce car trips to City Hall. We are trying to work with BRT to locate a bus stop down Meridian City Council December 15, 2009 Page 24 of 85 here in downtown Meridian. We know that there will be some benefits to city employees who may want to commute from Caldwell and other places into the city and continue to work on that. A couple of those ordinances you guys have passed I guess last summer according to our police department. At this point in time we don't have any information on how many tickets we have issued at this point in time, but the -- from the county's side, the county has been very active in there enforcement and has written quite a few tickets, which has probably reduced the amount that we would have written here in our community to take care of it before they even reach the City of Meridian. So, we think that we have seen some reductions in dust going up into the air for that. Some good news. I don't know that you have seen it, but we have talked about it before, but MDC recently approved the purchase of an electric vehicle for our police department to do some of the enforcement here in our downtown. It will be the city's first vehicle that's electric and keep a gas vehicle off the streets as needed to do the downtown parking enforcement. Radio read meters, which I know you guys have approved funding for that over the last couple of years, we now have over 17,000 radio read meters in place for 67 percent of the city's homes that have their water usage read that way. Which, again, reducing the amount of driving that's required, stopping starting, getting out, there couldn't be anymore fluid process. We have also expanded our online business offerings to our community within the last year. Some of it's related to the website, but others it's just because we are doing it where people can now report a streetlight outage online, fill out their comment cards online, do planning applications, and sign up for city information, again, trying to reduce the people that have to come down here, walk in the planning department, pull up the application, review it, they can do this all online, which is reducing trips and the last thing that was kind of talked about, our route to a bigger recovery after at the gas station, who will be working with DEQ on getting the water out to those stations, which haven't yet taken advantage of the grant program as being offered to try to get them to convert their facility into having what is being amended. So, we will be doing that as well. So, that's just kind of a snap shot on most of these. I would be happy to answer any questions you have about the program. Rountree: Questions for Robert? Bird: I have none. Rountree: Mr. Zaremba. Zaremba: Just a comment on the car pooling and how successful it is or isn't. If my recollection serves me right, when ACHD was trying to get a lot of people to get into their van pool program, a Commuter Ride program, one of the issues that they ran into was a lot of people said, oh, I'd like to do that, but what if I have an emergency. I have got kids or I have got elderly parents and I might have to go home and wouldn't be able to and I believe they solved that by saying that if somebody was a regular participant in Commuter Ride, ACHD would pay for one or maybe two cab trips home if an emergency came up and I just wonder whether we might want to -- if that's a road block for people, whether it might be worth it to the city to make that kind of offer as well. Meridian City Council December 15, 2009 Page 25 of 85 Simison: It is something back when we were looking at the car pooling options that we did talk about whether or not it made sense. We thought we would see if it -- if it became an issue because it does have a financial cost to the city to be able to offer that as an incentive back to the employees. It's something that we can, obviously, as part of the main motion, discuss, talk to the wellness committee about if it's something they feel strongly about, perhaps bring it back to you guys as part of the budget process next year if that's something you're interested in hearing about. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I just want to emphasize that -- a conversation that we had this morning at the business retention and expansion committee as we talked to COMPASS, air quality and attainment came into the discussion and certainly it's not any -- there is no silver bullet for this. Emissions testing is one piece and, as Robert mentioned, a number of other things that are being done, it's -- every little effort adds up to something large and we need a lot of large efforts to make a notable difference in what these -- what we were measuring at and it's going to be important to continue and find success in programs that make sense for the city, for our employees, for our citizens and for our businesses. But, again, it's going to be amulti-faceted approach to this that will find success. So, as you're out talking to businesses and citizens, you know, please take the opportunity to help educate and share ideas of what individual parts can be -- one sides doesn't fit all and maybe someone can't make one idea work, but another idea might be applicable to their own situation. So, we brought this to you, again, to just continue to beat the drum and continue the message that we all can do a small part of this to have a good net result. Rountree: Thank you. Any other comments? Questions? Robert, thank you. Simison: Thank you. 5. Air Quality Board Report by: Councilman David Zaremba Rountree: Next item, Councilman Zaremba. Air Quality Board report. Zaremba: Mr. President. Yes. Mr. President, Madam Mayor, other members of the Council, just to keep the players straight, we have heard several mentioned, of course, we have Idaho Department of Environmental Quality, which is the big umbrella organization over everything and has stated laws mandated to them every once in awhile about what they have to do. There is the Treasure Valley Air Quality Council, which is an organization -- which is a committee that was put together by the legislature a couple years ago to determine primarily for the Treasure Valley, but also statewide what vehicle testing requirements ought to be should an area need to be included. Their charter was to put together a report that would be given to the legislature. They did that. The legislature pretty well adopted and made into law their recommendations. Meridian City Council December 15, 2009 Page 26 of 85 I had thought they would cease to exist at that point, but, apparently, they still exist. I'm not quite sure what they are doing. What I'm talking about is a different group that's the Air Quality Board. That's a big name, but our charter is to run the emission testing program for Ada County. We don't color all air quality issues, although several times we have tried and had our wrists slapped a few times. It exists by a joint powers agreement of Ada County and five of the cities in Ada County. Kuna is excluded from that. But Meridian is one of them. So, here is development that happened at our last meeting and knowing that DEQ was moving ahead, that the new state law had established what a vehicle emissions testing program minimum would have to be, we have been discussing for actually many years, but more seriously for the last several months changing our program from a current program of testing every vehicle every year beginning from when they are new to what it turns out the Treasure Valley, the Air Quality Council recommended and the legislature adopted of testing vehicles every other year and exempting the first four years and we have had a lot of discussion about when we should do that or not do that and since it appears that there have been enough advances in engine technology and other kinds of technology, that Ada County can go to every other year testing, as opposed to every year testing, and exempt a few years, also with the knowledge that DEQ is moving ahead to get Kuna and Canyon county on board within the Treasure Valley. The very minor change that would cause in Ada County by going to every other year should be saved by getting Canyon county and Kuna on board. So, amongst the debates is to -- we risk nonattainment if we don't test every minute and we have come to the conclusion that the science behind what the Treasure Valley Air Quality Council recommended was good. So, at our last meeting we changed our program. Beginning January 1st we will all need to get our car tested every other year. It will be based on the model year of the car, whatever the manufacturer says that model year is, has nothing to do with the date that the car was actually manufactured, but whatever the manufacturer says the model year is I believe we are saying that even model years will be tested on even annual years and odd model years will be tested in the odd years. First four years are exempt. So, the first test actually will happen in the fifth year of the car. We are exempting hybrids. We are exempting anything older than 1981 I think was what we finally decided it was. Either '82 or '81. The argument was when is that. So, I think it's anything older than '81 we are exempting. The test, then, will be every other year and we -- the current fee is 15 dollars and actually is up to 15 dollars for every year. There are stations that charge less. We made the new fee for the every other year testing each test is a maximum of 20 dollars and, again, the stations can charge less, but that's 20 dollars every other year, instead of 15 dollars every year. So, we believe there will be some savings to the citizens of Ada County and I just wanted to let you all know we discussed whether we should start that mid year. If DEQ gets Canyon county and Kuna on board and is able to get it started by the first of June, we discussed whether we should match our change with that. And the difficulty is you have the first six months of the year where some cars tested that otherwise wouldn't need to be tested, so that choice was either start it January 1 st a couple weeks from now or put it off for another year. Because what do you do if you -- in the middle of the year you say, oh, half of you didn't have to take the test that you already took. So, we decided to implement it as of January 1st of this year. We have also asked our director to get together with some of our current station owners Meridian City Council December 15, 2009 Page 27 of 85 and the supplier of the equipment that our group uses and submit one of the bids to DEQ for running the program in both counties and they will do that. We don't know whether we will be the bidder or not. Possible we will not. We do know that DEQ, as they said, is only going to score it on a Canyon county portion. So, it will be up to all of us and the Air Quality Board also will be on pins and needles until we find out. It may very well be that we would go out of business probably in June, but until, then, we are -- we have converted our program, so we will not be testing as often and I think that's a good thing for the citizens of Ada County who are all very full that something is happening. Rountree: Thank you. Good news. It's about time. Zaremba: Yes. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess, Councilman Zaremba, I would ask what the hung was? I mean why didn't this wait until the RFP process was completed with Canyon county, so we didn't work independently, but at least knew what the different choices and options were prior to making a decision and significant changes. I mean I'm all for the every other year and I know that was part of the recommendation from the air -- Treasure Valley Air Quality Council to look at that kind of change, but if it's not consistent across counties it causes confusion for the general citizens, it doesn't allow for the collaborations of maybe the economies of scale and if our test in Ada County is going to be more expensive than it is in Canyon county, you're going to have citizens over here wanting to do it over there, because it's less costly over there and we only have to do it every other year here and -- I just -- I am kind of baffled by why there was a rush a month before the RFP process was able to be verbalized by DEQ and decisions were slated to be made. Zaremba: Madam Mayor, you have summarized discussions that the Air Quality Board has been having for almost seven years about when are we going to do this and what the reasons are to do it now or to put it off and the consensus ended up being we may very well not exist six months from now. The Air Quality Board may not exist six months from now. We may find that somebody bids for Canyon county in a program that we could realign and match and we certainly are going to stay in very close touch with DEQ, which we have up until now, I believe, and in February find out what the responses are to the request. The issue of putting it off again and we actually have come close to making this change every month for the last two years. De Weerd: Well, it made sense two years ago. Zaremba: Beg your pardon? De Weerd: It made sense two years ago. Meridian City Council December 15, 2009 Page 28 of 85 Zaremba: Well, it did. And part of the reasons that we didn't implement it then was sensitivity -- it would have benefit the citizens we believe or certainly financially the citizens to have implemented it two years ago. The issue at the time was that if Canyon county's program is similar to ours, we know that when we go to this program we are going to put at least half of our existing testing stations out of business. There will be half the customers. That's only testing every other year. Then, you exempt the first four years, another third of the stations will go out of business. So, our sensitivity in not doing it two years ago or even five or seven years ago when it was first being discussed is holding our breath hoping that at some point Canyon county could use some of our existing -- they would just redeploy. Instead of going out of business here they would move into Canyon county and there would be the same program. Nobody in Canyon county has risen to that idea. They appear not to like that idea. We don't know whether our program will change in two months or six months or not and that was a very serious discussion. Why should we change. And the response was that the citizens of Ada County are well aware that they don't need to be testing every year and we get plenty of calls about why are we testing every year and we felt knowing that at some point we were endangering some of our stations anyhow, that putting it off just was not -- again, when do you put it off to? If you're going to go to every other year testing it made sense to us to start it at the beginning of a year. So, the end vote -- it passed on an almost even one plus vote. There were half -- almost half the group that said we should wait and one more than half the group that said we need to do it now. So, yes, those concems were expressed and considered and the end result was even if we have to change it again we want the citizens to go to every other year testing now. De Weerd: Okay. Rountree: Any follow up? De Weerd: No. Probably safer I shut up. B. Legal Department 1. Server Training Ordinance Update by: Bill Nary. Rountree: We certainly know your opinion. Next item. Legal department. Server training. Nary: Thank you. Mr. President, Madam Mayor, Members of the Council. If you recall we had this discussion recently in October about our server ordinance. We had a citizen who is also a licensee who had expressed some concems about the program and the training requirements, so we did meet with -- it was Suzie Seitz and we did meet with her and she did not realize how our ordinance was set up differently than the city of Boise. She was concerned that we were going to name specific programs in our ordinance and that there was no method for anyone else to compete with those programs and that was not our intent at all and that's not what our ordinance says. So, Meridian City Council December 15, 2009 Page 29 of 85 my staff and myself and our clerk's office and the police all met with Ms. Seitz and did incorporate some of the information she provided to the discussion. So, it is ready to go forward. I don't think it's changed anything significantly. We did make sure it was clear that for the licensees that if the licensees were to violate that, basically, having servers that are not certified serving alcohol in their establishment, that they run the risk of the potential of having their license revoked by the city. We did intend this -- the intention was to educate in our going around, we sent out from the clerk's office notices to the licensees prior to their expirations of the license. The licenses all expire at the end of March. We sent out notices in February to advise them of that. Our intent was to also create a document to send with -- with that notice, so that they will be aware that this ordinance is going to be effective come June of 2010, so that they will have opportunity to have their -- their wait staff testing. In talking with some of the licensees, many of them, because the city of Boise, has already implemented this, many of them have certified servers anyway, because they worked at other restaurants for some of the changes and things like that, so it wasn't a big concern to them. They wanted consistency anyway with the -- with the city of Boise, so this wasn't a -- at least at this point hasn't been a big issue for our licensees, but we did want to make sure we educated them prior to them renewing their licenses, so they did know what requirements were being imposed on them. Other than that, Ms. Seitz didn't have any other concerns and so we are ready to go forward at your direction. Rountree: Comments? Guidance? Bird: Mr. President? Rountree: Mr. Bird. Rountree: Bill, I like this draft of the ordinance, but how are we going to control the -- the places where you walk in and buy your alcohol, because, you know, if you refuse somebody and kick them out of your premises and they still want to continue to drink, they can walk down to -- or drive down to some store and walk in and buy whatever they want and walk out and get in their car and drive off. While they are not consuming it right there, they are in that kind of shape and almost bet you they start consuming the minute they get in the car, but is there any -- I mean I don't know -- that would be a nightmare to get your arms around, but -- Nary: Madam Mayor -- Bird: It's a nice start, but -- Nary: Sure. Madam Mayor, Members of the Council, Council Member Bird, you know, we had -- we have had that discussion both at the state level, as well as the local level here on trying to deal with that. What we found, although there is now testing, there are programs that are available to deal with commercial sales and Jacksons is one of the bigger commercial sales locations in our city with the number of outlets that they have. They actually have from the state's perspective probably the best in-house program for Meridian City Council December 15, 2009 Page 30 of 85 that exact scenario, but what we found from a law enforcement standpoint is that's not a huge problem of people going to the grocery store, buying a six pack of beer, and going home and drinking it. The real problem is the servers in the restaurants where the people are consuming them on the premise, the over service is still a problem or can be a problem. The under age consumption, of course, can be a problem. So, the underage consumption can be a problem both at the commercial locations, as well as in the restaurants. But the service of people or getting over served or served out in the community and being a danger on the roadways is much more prevalent in the licensed establishments, the bars and the restaurants, than it is from purchasing it and going home with it. Bird: I don't disagree with that. Rountree: Any other comments, questions, on the proposed ordinance? Bill, I just had a question on the enforcement clause and the authority of the city clerk for revocation. Is that provided in our ordinance? Is that provided in state statute? Where is that? Nary: That's provided in our ordinance. The City Clerk is the licensing authority for the city. Rountree: Okay. Nary: The City Clerk has the authority to revoke any licenses subject to appeal. Rountree: Okay. Nary: They appeal, then, it comes to you. Rountree: All right. De Weerd: You might ask the chief if he has any comments. Rountree: Chief, do you have anything you want to mention about this? Lavey: Mr. President, Madam Mayor, Council, I just thought I would add a couple words to the comments that Councilman Bird just said. About six weeks ago we did some compliance checks and Councilman Zaremba is aware that we were doing this, but he didn't want to know who we were targeting, so he doesn't -- he doesn't know who I'm going to mention today. But I will tell you that we did hit all of the Shells and they were compliant and they do do a great job as far as doing the server training. Not required to, but they choose to do that on their own. We think that once we do get this on the books that through education we will get more people on board with it. We did -- out of those 24 establishments we did sales where you actually went into like a community in sales and, then, we also did bars themselves. We only had one establishment that was noncompliant and that was a bar. So, I believe that although the results are real narrow, it does show what we are talking about today. And with that being said, as far Meridian City Council December 15, 2009 Page 31 of 85 as the revocation, we provide our information to the clerk's office and the clerk's office is the one that does the administrative side of things for us. So, I don't believe that's an issue either. And that's all I have. Unless there is a further question. Bird: Mr. President. To add on that, Ithink -- Bill, I think that these -- this ordinance here will impress upon the owners -- I don't know what their first offense is. Is it 30 days without a license or 60 days or something like that if they get caught and, you know, that's a lot of income out of their pockets. So, they will make sure that we keep the servers doing it right. This has been tried before. Ithink it's a great idea. Rountree: Any other comments, questions? I'm getting by the comments and discussion let's move forward, Bill. Nary: We will put it out in your agenda. Rountree: Great. Thank you. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess just a comment and it might have been by John Watts that was a lobbyist for a couple of the restaurants I think over in Boise that went through the process and had some comments about Boise's process to maybe avoid some pit falls as we do it. I don't think anyone was opposed to it, but it was more in the process of how it was done. So, just to make sure that we team from what they did or didn't do and how we roll this out, but make sure as -- that anything that might need to be written into the ordinance is done as you bring it before Council. Nary: Thank you. C. Parks Department 1. Administrative Policy -Metal Detecting in Parks by: Steve Siddoway Rountree: Next item. Steve. Metal detection in the parks. Siddoway: Mr. President, Mayor, Members of Council, here to report back that we listened to the concems expressed by the Council, took the feedback that we got back to staff back to the commission, and we are back tonight with what I hope is a workable solution. Basically, as we presented the proposed permitting process to allow for metal detection at the last meeting, there were concems that it was overly burdensome, unnecessary, an enforcement problem and a solution that did not have a problem. Frankly, we agree. We were just trying to maybe be a little over proactive in trying to address a problem before it came, but the proposal before you .tonight is to -- we have Meridian City Council December 15, 2009 Page 32 of 85 completely dropped the MOU with Conn's Wampum Hut. We removed all language relating to a required permit. We have what is a one-page administrative policy as to how we would expect metal detecting to happen. Our intent would be to simply allow it, to publish these rules on our website, share them with those that have expressed an interest in doing so, and, then, simply allow it through this next summer and possibly, you know, forever beyond that, but to regroup after this summer, after we have some experience with allowing it, and just saying how did it go, have we had any problems right now. Based on staff experience with those that they have witnessed in the park doing it, they don't expect problems, so we would propose to you that we simply adopt this administrative policy and allow it and, then, see how it went after this coming summer. So, I would request any feedback and if you like the direction we will put it back on your agenda as a -- with a resolution on your Consent Agenda. Rountree: Comments or questions for Steve? Bird: Looks good to me. Rountree: Brad? Hoaglun: I think this will work. Bird: Yeah. I agree. Rountree: Good job. You did listen well. Siddoway: All right. Thank you. De Weerd: Well -- and the commission it should be noted for their participation. Siddoway: I will. And I should mention that the commission did take formal action on this last week at their meeting and made a recommendation to Council that they are on board with this direction as well. Rountree: Thanks, Steve. Bill, in terms of this being an internal regulation, does that have to have a resolution or just something that's adopted by the parks commission? Nary: Well, Mr. President, Members of the Council, I would recommend we do a resolution and, then, pass it as an official resolution of the Council, so that way the enforcement both from the police, as well as the parks staff, isn't questioned and that this is the direction of the city. Rountree: Then, if we could move it forward in that fashion. Nary: We will do that. D. Public Works and Legal Departments. Meridian City Council December 15, 2009 Page 33 of 85 1. Bittercreek Lift Station and Pipeline Purchase Agreement by: Tom Barry and Bill Nary. Rountree: We will see it soon. Thank you. Next item, Public Works, the Bittercreek lift station, the purchase agreement. Tom and Bill. Barry: Thank you, Mr. President, Madam Mayor, Members of the Council. We are back before you this evening to pick up where we left off last week regarding the Bittercreek lift station sewer project. At that last meeting we had with you last week you had concems about a purchase order for payment to the part of the project that had been reviewed, inspected, and accepted by the city inspection team. We went back and crafted a purchase agreement, which wasn't too difficult, since we used the old reimbursement agreement that was never signed with Mr. Jewett and pulled the elements out of that reimbursement agreement and put into a purchase agreement. The legal department's reviewed that and communicated that to legal counsel for Mr. Jewett. Where we currently stand at this point in time that's adraft -- a revision to the draft that we sent was just received today and there is no signature from Mr. Jewett currently. So, we are still going back and forth on revision at the current time. We believe that our draft of the purchase agreement covers all of the elements the Council was concerned about and the revision that we received today, in my opinion, does undermine some of the concems with regard to addressing those concems and so there is still communication back and forth as to how to get that resolved. I don't know if Mr. Nary would like to add any comments to this, since he's been the primary communicator with Mr. Jewett's legal counsel. Nary: Madam Mayor, Members of the Council, amongst the hundreds of a-mails we have had in trying to get this issue resolved, Ithink -- and I'm not going to say it's an impasse, but I think where the issue really breaks down is in this purchase agreement that we are trying to accomplish. We are trying to accomplish both the issues that are dealing with the in-the-ground completed infrastructure and the materials necessary to go forward with the remainder of the project, as well as I have the sense that Mr. Jewett on the remainder of the project that they still are responsible for what Mr. Jewett's attomey would like is to separate those into two separate transactions. Mr. Jewett isn't asking for any payment for anything that he has performed not by this contractor EOC. EOC has provided us in writing their assurance about the performance bond. Those will remain in place and the warranties will remain in place, so there is not -- I don't think there is a tremendous issue there. Ithink where the hang up has been is in trying to accomplish two things in one agreement. We haven't been able to negotiate, I guess, all of the language very well. You have got three lawyers in this and, you know, how that can be. So, what Mr. Jewett's attomey really wants or would like us to consider is really finalizing the agreement on the in-the-ground infrastructure and the materials for the future. That would resolve the issues -- let me take that back. They resolve a portion of the issues with Eastern Oregon. Eastem Oregon still has issues on -- and you have seen this previously about the city's roll in enforcing some of the issues out on the site and those have not been resolved and aren't going to be resolved by this agreement regardless of what we do. But rather than trying to incorporate all of the -- Meridian City Council December 15, 2009 Page 34 of 85 all of the potential risks that we have with Mr. Jewett and trying to resolve the issues with him, his attorney would like to simply resolve the issues with EOC and get this portion of this that the city -- is acceptable to the city, meets our standards, we are willing to purchase and, then, meets all our other concerns about warranty and performance, if we can get those finalized in that agreement, then, we could move forward, we can get those paid through the escrow they can get the lien releases to us, we could transfer the ownership of the materials, so that we don't have an issue of paying for restocking them, paying for them a second time, and those kinds of things. We can accomplish all of that, I believe, before your next meeting and get a signed agreement if that's your direction. If you want us to still try to get both the issues going forward with Mr. Jewett, as well as the issues going back with EOC into one agreement, that may or may not happen by your next meeting. I think -- I think that's really where we are at and my recommendation is we need to pick the fruit that we can get to and the fruit -- the fruit we are willing to address today is what's in the ground, what's acceptable to us that we were willing to purchase and what materials do we want to purchase, to, then, not suffer that additional cost in the future that could be used for the continuation of this project. We still need to work out issues with Mr. Jewett, that's probably never going to change, I hope to work here long enough that we can resolve all issues with Mr. Jewett, but today I think we needs to go forward with what we have got and try to get at least that part of this puzzle, because that's the problem is having three different parties trying to dance around the issues that are between Mr. Jewett and EOC, city and Mr. Jewett, and currently only really a claim between EOC and the city with really no contractual or business relationship between the city and EOC. Again, the issues that EOC has with the city aren't going to change by no matter what agreement we do today. So, all we really would be doing is trying to at least get a piece of this puzzle done without it continuing to drag on. You're probably tired of hearing this discussion. I know -- I know Mr. Bany and I are probably a little exhausted in trying to do this, but I think if we can at least resolve the issues with EOC on what's been done, what meets our standards, and follow through on just that portion alone, then, it will become a little less complicated in just having to deal, then, with Mr. Jewett. Bird: Mr. President? Rountree: Mr. Bird. Bird: I notice on the physical impact that it's went up about 30 some thousand from what we had last week. Is that showing it without the retainage? And in this development agreement -- I might be missing it, but where does it show the -- refer to retainage? Nary: As I look at it it's on Exhibit D, Tom, is that the one where we are talking about -- that has the retainage. Bird: Number two payment. Meridian City Council December 15, 2009 Page 35 of 85 Nary: Right on the retention Exhibit D on the back, Mr. Bird. There the retention amount is listed for all of the pay applications Bird: Oh. Rountree: In the back. Nary: So, I think that's what we are -- isn't that what we are referring to, Tom? Barry: Yes, sir. That's correct. One of the continued challenges with Mr. Jewett on this issue is the matter of the dollar amount, which is, again, why we suggested last week a not to exceed amount. What we have found in reviewing Mr. Jewett's pay application is that he has intermixed water infrastructure with the sewer infrastructure and we, the city, are not obligated to pay for water -- water infrastructure. So, there has not been as quick a resolution to our concems by Mr. Jewett regarding a finalized number, which, again, is why we recommended a not to exceed amount, again, withholding the five percent retention on workmanship, but not a retainage on materials, since there is no retainage, of course, to the contract for material. Maybe to expand briefly on the concems that Public Works currently has with the revised agreement that Mr. Jewett's attorney sent to us this aftemoon, the areas of concern that I currently express interest in are regarding the performance bond, specifically the fact that, we the city, wanted to insure that the performance bond is going to remain in place for a year after initial payment of this particular project, but that's conceivably been addressed and at least in e-mail approved. Also, what has not been, however, addressed is the city's right to require exclusion of that performance bond should the need arise, since that performance bond has been issued with Mr. Jewett and EOC, the city is not a party to that performance bond, has no legal right to this point in time to execute or require execution of the developer for the performance bond. So, that, to me, is still an issue that needs to be addressed that has not adequately been addressed in the revision we received this afternoon. The other issue, which I think is -- has been addressed is the warranty. There has been a certification by both EOC's attomey, as well as JLJ's attomey that they will honor the one year warranty, yet that was stricken from the revised purchase agreement submitted to us this aftemoon. So, barring that, from Public Works standpoint, there may be issues that Mr. Nary sees in the introductory language, as well as the latter part of the agreement that has been stricken as well and I'm not familiar with those impacts on the overall agreement. So, I can defer to Mr. Nary about those issues, but I think we are close, it's just are we -- you know, are we going to get there, that's the question. Bird: Mr. President? Rountree: Mr. Bird. Bird: Tom, have we got a performance bond between us and the developer? Meridian City Council December 15, 2009 Page 36 of 85 Bany: We do not. The -- the project was assigned to Mr. Jewett and Mr. Jewett contracted in advance of an agreement -- remember, the reimbursement agreement that was supposed to be put in place before the work was to again, Mr. Jewett decided on his own to enter into an agreement with JLJ and by doing so and not having the purchase -- or the reimbursement agreement with the City of Meridian, which is the vehicle that requires the letting of a purchase -- or, excuse me, a performance bond with the city's named on that bond, since that didn't happen we are not currently named, which is why I feel it's important in this purchase agreement that we have a legal bight to require Mr. Jewett to execute the performance bond should the city see that need in the future. Bird: Okay. Follow up? Rountree: Mr. Bird. Bird: Well, Tom, I -- if we -- in agreement if we got a performance bond from him, we could care less if he executes the one with EOC. Barry: That's correct. Bird: If we get one between him and us and, then, we can execute it. There are too many parties involved in this thing. I'm like Mr. Nary, Idon't -- you don't know what's coming and what's going. Nary: Madam Mayor, Members of the Council, I mean if your direction is to -- by agreement -- with an agreement, a signed agreement with Mr. Jewett, I'm hopeful I guess that we can have either one of those options, because even in our discussions with Mr. Jewett 's attorney this afternoon I'm not totally sure what the hang up is, but if the hang up is left with you either to agree to -- in whiting to not -- or to execute that performance bond upon our request, which is what our original agreement said, or you provide us with one and that's the only issue left on the table, besides making sure the infrastructure is satisfactory to our conditions and the materials are secured and all that other stuff that I -- I don't think is a problem, I'm hopeful we can get that done. The only issue, then, is can we get that done with your direction and bring you the agreement next Tuesday, but if we could get all of the financial things worked out what we are paying for specifically -- I know Mr. Barry's staff has been working diligently trying to make sure all we would be agreeing to pay for is the infrastructure that is completed and the materials that are remaining for the rest of the job. Again, like Mr. Barry said, separating out anything else that Mr. Jewett has agreed to not be seeking any payment for anything related to his work or what he is performing outside of what EOC is entitled to, that all we are talking about is that, if we can get that resolved before next Tuesday we would like to process the payment and get it done and bring -- but we won't do it until we have a signed agreement with Mr. Jewett. It just won't be back in front of you until then. And they don't want to wait until Christmas week to try to get a payment cut. If we can get it done before next Tuesday with your approval we would like to do that. Meridian City Council December 15, 2009 Page 37 of 85 Rountree: Further questions? Brad? Hoaglun: Mr. President. And, Bill, that -- that check that would go to Mr. Jewett, who would -- then, in turn, would pay Eastern Oregon? Nary: It would actually go to the escrow company. Hoaglun: Okay. That's right. That's what we talked about last meeting. So, thank you. Rountree: Bill, I still have a number of outstanding concerns particularly related to issues that won't be resolved if what you say we might have to do to move this forward and that's separate the issues and deal with them one at a time. Any agreement that moves forward that takes care of the performance bond issue I would also like to have a paragraph in there that identifies that this agreement only deal with and specify the issue and outstanding issues as follows are not addressed by this agreement and will be the result of future negotiations and -- because I can tell you if we enter into an agreement without being real clear what we are agreeing to, we are going to be back in mediation. Nary: I would agree. Rountree: Any other guidance, direction? Go ahead, Madam Mayor. One more time. Mr. Bird? Are we comfortable, uncomfortable with moving ahead with an agreement along the lines that Mr. Nary provided us with taking care of the risk as it relates to performance bond and payment for services rendered and a clarification in the agreement of what it is specifically we have agreed to pay, what it is specifically that are remaining issues and have yet to be resolved? Bird: Mr. President? Rountree: And -- Mr. Bird? Bird: I -- yeah. I think that would -- my big concern also still is to the bill of sale on the material that's being purchased and we also -- they have done that with this certificate of insurance and I think we -- what Mr. Nary said we move along and take a look at it and when it comes back and see what they agree to, because I just don't want to get caught in the comer again. Rountree: So, assuming you craft an agreement and get them to sign it, then, you need authorization to proceed with the payment in the amount of $374,288.64. Okay. That's the rub. And I need a motion in order to proceed with that. Bird: Mr. President? Rountree: Mr. Bird. Meridian City Council December 15, 2009 Page 38 of 85 Bird: I am not making a motion or voting for a motion until I see it in writing. Rountree: Okay. Bird: Our -- our track record with this developer isn't that good. Rountree: Mr. Nary. Nary: Mr. President, Members of the Council, maybe again -- I understand the urgency is not really ours. The urgency is really theirs. That's probably been a frustration for me, with Mr. Barry, but part of this is the urgency has really been on this construction company that, essentially, is 374,000 dollars in the red for work they have performed and completed. So, I understand it's not our urgency. Would you -- and I understand your concerns, Mr. Bird. You know, I told their attorney today it seems tike every time we have had this dance we have felt bumed, even if we haven't been bumed we felt -- haven't felt very good about it and how it's evolved. But would the Council be willing to allow the Mayor and the Council President the authority to approve the agreement to go forward for payment subject to your ratification, because if we wait until next Tuesday when the Mayor isn't here and we wait until next Tuesday -- again, if you agree with the agreement we won't get it processed during the week and if we can get it processed before next Tuesday it would be nice to be done with this. But we could certainly bring it back to the Mayor and the Council President. But if your preference is that you want it as a group next Tuesday before you do anything, that's certainly your prerogative and we will do that. Hoaglun: Mr. President, just to weigh in on this, you know, I would like to have an airtight agreement. I don't know if that's possible. I like that change that you have suggested and that will certainly help. I think we are getting close. You know -- and I understand the concern of this contractor. I mean they are on the hook and they have got bills to pay and people to pay and maybe a bank to pay. I'm not sure. As long -- I know there is some other issues that we have to resolve and Ican -- by separating this I think that does take care of the current issues that we are dealing with with the contractor with their contract. I'm -- I'm -- we could go to that point, but you guys have much more experience in dealing with this issue than I do, so -- Bird: Mr. President? Rountree: Mr. Bird. Bird: I don't -- you know -- and I don't want to hold the money up from the contractor, because, like you say, he has spent the money and he's out -- he's out, but you -- you know, if we are just dealing with paying him and being done with it, I wouldn't have no problem, but I -- I can't -- I could see working out a way that we can get him a deal, but then, once you -- ones you pay him it gives -- we have no leverage and we all know that we got to have some leverage. Meridian City Council December 15, 2009 Page 39 of 85 Hoaglun: Mr. President? Rountree: Brad. Hoaglun: If I might kind of inquire about that. I have been trying to think here, okay, what are we giving up, you know, by doing this agreement this way, because that worries me, too. We have to have leverage in this relationship. I mean that's just the way this thing has gone and to be not taken advantage of, but I -- I haven't come to grips with what are we giving up that we haven't given up already or we are still -- still dealing with. So, that's where -- I don't know if there is a good leverage point that we are giving up, then, we better not be doing it, because we need to hang onto it, but I haven't found that leverage point yet. Bird: One hundred twenty thousand in materials. Rountree: To me we have been put in this position yet again by this particular company. We don't have a contract with people that are sitting out there with 374,000 dollars worth of expenses. That's between the contractor and the developer. In my opinion, if they need to be paid, the developer needs to pay them. I'm totally familiar with cost a reimbursable program and you pay and you get repaid. All he's done is put us in a situation where he doesn't want to pay, he just wants the city to put it in escrow, so it doesn't -- he doesn't have to cash flow it. I'm in no hurry to meet his demands in reality. I can appreciate where the contractor is and Iwould -- you know, it is the charitable time of year, but given, again, our history here, it's not good. I know there was a sense of additional litigation last week. I think it's there any way. I think it's going to happen. I think if we make a payment to the escrow account to some degree I think, again, we are enabling this individual to continue to manipulate the city. I'm not excited about having that happen yet one more time. Now, that's his contract. We haven't inked the same on this deal, because he wanted to go off on his own and do this on his own. We had a process in place, we have an agreement in place, and, again, the agreement has not been met and we are sitting here talking yet again about rewarding the individual for not being able to meet his -- the terms of his agreement, his shake of his hand, and his word. And I'm through with him personally, but I don't know how the rest of the Council feels about it. Bird: I'm with you, Charlie. Rountree: David. Zaremba: A question to Director Barry. Refresh my memory. Where are we in inspecting and/or accepting the work that has been done? Barry: Mr. Zaremba, the work that has been listed on this particular agreement is work that has been inspected by our inspection team and has been accepted for the most part bamng punch list items. Those punch list items, as we talked last week, are items that we feel comfortable can be covered by the retainage being withheld in this Meridian City Council December 15, 2009 Page 40 of 85 particular agreement, with the assumption that we don't have an unraveling of the punch list items. What I mean by that is say that there is a small issue that we have identified as small and as we get into the fixing of that particular issue additional issues are found that we haven't yet seen. So, that's why the performance bond is important, as well as the warranty, because that covers us in the event we find some major issue beyond what could be covered in retainage, we would have a vehicle by which we can execute required -- well, required fix for that work. You know, I -- I understand, if I may continue for a moment, I understand that concem of the Council. I have the very same concerns and although I -- my experience with this developer has not been of the tenure of yours, it is, nonetheless, no different. Nevertheless, I believe that the leverage the Council referred to is in the agreement as currently proposed by the city. I think that the legal team and my staff have done a good job to insure that the typical assurances we would normally get on a project have been included and I will enumerate them very quickly. First of all, we were requiring that the developer maintain the performance bond with the contractor. Second of all, that the developer would be required to execute the performance bond at the city's request. And, third, that all lien releases for the city are received within 30 days of execution of this agreement. Fourth. That the developer would secure a bill of sale for the materials that's being stored -- purchased with this agreement. Next, the developer would acquire a certificate of insurance, which was discussed last week. Also, the developer would acquire wlritten assurance that the materials being stored will be secured. And, then, also that the developer would furnish a written guarantee to the city to warranty all work covered in the agreement for a year's time. Those are -- those are the big issues that we feel we are pretty close on. If those are the issues that you also feel strongly about, which I believe most of them are, since they were enumerated at last week's meeting, then, I think what we need to do is just get back to Mr. Jewett and say that's the agreement, those are the terms, and those are the issues important to the City Council and he can make his decision as to whether or not he wants to enter into the agreement. I think the agreement as drafted is a good agreement and does cover us for what would typically be covered under agreements of this kind. So, I don't know if that helps at all with regard to alleviating some of the concem or if it exacerbates it. Bird: Mr. President? Rountree: Mr. Bird. Bird: I have got a question, Bill. On that performance bond, is there any way at this late date that -- see, Idon't -- we can get an agreement where we can require him to call in the performance bond, but there is no guarantee we are going to get the money or get the work done out of it, unless we have that -- is there a way we can -- I know we didn't get it, but is there a way now at the late date that we can get our name on that performance bond? Nary: Mr. Bird, my recollection was I looked into that and I didn't think they could do that. Meridian City Council December 15, 2009 Page 41 of 85 Bird: They can't do that? Nary: No. That's what we discussed -- Bird: What assurance do we have if he calls in the performance bond on this contractor that the money is going to be used for this project if we have already given the contractor the money? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Isn't that the kind of thing that would have been covered in the original reimbursement agreement that he has not signed? Bird: It isn't signed. Zaremba: I know. Well, that's -- he already has not agreed or by inaction hasn't actively agreed to what we are asking. Barry: Mr. President? Rountree: Tom. Barry: The reimbursement agreement that's generally drafted -- and Mr. Nary can, please, correct me if I'm wrong -- generally includes terms very similar to those which are included in this purchase agreement. The main difference here is that the reimbursement agreement now that we use is an agreement that pays over time with the collection of assessments made in the benefit area of the improvements where those improvements are being installed. This particular agreement covers many -- a great deal of those same very issues, things regarding warranty, things regarding the performance bond, lien releases and those sorts of things. That is in this particular agreement that's before you this evening that the city had drafted. That revised agreement that we received from Mr. Jewett's attomey took some of those securities out of the agreement, which is what I'm concerned about, and so from my standpoint I would like to have the Council direct me per se or Mr. Nary to hold fast on what it was in the agreement that we drafted and sent to Mr. Jewett's attomey or, alternatively, do our best to strike some middle ground between our concerns and Mr. Jewett's concerns. But, again, I think with regard to the reimbursement agreement, the purchase agreement covers many of those very issues, which is why last week it was recommended as the document to provide those assurances, unlike a purchase order, which was originally suggested. Rountree: Questions? Comments? Anybody have a clear vision on this? Somebody want to attempt a motion? Meridian City Council December 15, 2009 Page 42 of 85 Bird: I'm not going to attempt a motion. Bring it back. Rountree: Any direction you want to provide Tom and Bill? Bird: Mr. President? Rountree: Mr. Bird. Bird: Tom, I agree with you. I think -- I think this development agreement you guys have got up I'd like to see it a little stronger, but I think it does protect us. I think you have done a good job between legal and yourself and until I see his signature on there airtight, I'm not voting for it. I'm not voting to -- I mean I will vote, but it is not going to be positive. I mean I -- we have been backed into the fire so many times by this developer and I'm tired of being backed in. It's -- when we are paying the money we should have at least a 50 percent chance. Rountree: Mr. Bird, I just need clarification on your comments in terms of what's been drafted. What's been drafted that we see and what's been alluded to and listed by Tom in his comments, those items that were in the original development agreement, as well as -- Bird: I thought we was talking about the purchase agreement, Mr. President. Rountree: Okay. Bird: Is that what we are -- and, like Isay, I -- Mr. President, I -- I wish some of them had a little more bite in them, but Icould -- I could live with this if they can agree to it, but they haven't agreed to it. They have come back, if I understand, and wanted to pull stuff out that we -- that I believe we need in there. Nary: Mr. President, I guess that's -- and I don't disagree with you, Mr. Bird. If they will agree to those conditions and sign this agreement tomorrow, do you want to wait another week before we talk about it again? That's really the only issue I have a concern with. Bird: Mr. President? Nary: If they will agree to everything the city is willing to do or want and they will sign it tomorrow, I just don't want to be waiting another week to try to get this process done, because part of the issue is these materials -- the longer we are holding them -- they are going to return them and if -- and, then, we just, again, have a different issue and a different problem. I don't want us to end up in -- I don't want anyone to end up in a lawsuit. I don't want Mr. Jewett to end up in a lawsuit. But I don't want it to have some court try to unravel what it's taken us hours to talk about when we can't figure -- and it will cost way more money and time than if we could at least get out of the picture the issues that really aren't contested by anybody. That's my only concern, Mr. Bird. Meridian City Council December 15, 2009 Page 43 of 85 Bird: Mr. President? And I have no problem with that, Bill. But, you know, we got -- we got -- we spend lots of money on electronics and stuff and a-mails to every Councilman and the Mayor saying it's been signed, it's been agreed to and everything -- what -- you're positive. Do it. Do you authorize the Mayor to sign and the Clerk to attest, we can handle that, or a phone call? Nary: Yeah. I can't do that. De Weerd: We can't do that. Nary: That's the problem. I need you folks to authorize the Mayor to do that today if we get the agreement to what you want. Rountree: Or we have to have another meeting. Nary: But Ican't -- I couldn't do a meeting over the intemet, so I have to have your direction here and if you don't want to do it, that's fine. But my only concern is if we can -- if we can iron these -- these issues out in the next day or two and process this payment before next Tuesday, that would be ideal. But I need your authority for the Mayor to sign the agreement if they will agree to it. If they can't, that's their problem. I mean it's not our problem, but -- Hoaglun: Mr. President? Rountree: Brad. Hoaglun: Let me try something. If it gets shot down it gets shot down. I move approval of the purchase agreement with the conditions laid for this by Council and additional terms as recommended by this Council and staff to be included and that if those conditions are met and signed by the other party, then, that payment would be made not to exceed $374,288.64. Rountree: Is there a second? Bird: I will second it. Rountree: It's been moved and seconded to move forward with the purchase agreement as stated by Councilman Hoaglun. Roll call vote? Bird: Question. Discussion. Rountree: Discussion. Bird: Does that 374,000 include five percent retainage or exclude? I wasn't fast enough in my head to add up those figures. Meridian City Council December 15, 2009 Page 44 of 85 Rountree: Tom, do you have an answer to that? Barry: I do. I'm just verifying. I believe it excludes it on the pay application Exhibit D, but I'm just verifying for the moment -- Bird: I couldn't add it up fast enough, Tom, in my head. Barry: I believe that is correct, Mr. Bird, according to the pay application Exhibit D, there have been retention minus that of the first three pay applications and, then, the fourth pay application there is no retainage removed, because, again, that's for stored material. But the motion also was a not to exceed, so we will doublecheck that as well. Rountree: Further questions? Discussion? Roll call vote. Roll-Call: Bird, yea; Rountree, nay; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 8: Other Items A. Public Hearing: Adopt PY2008 CDBG CAPER, Staff Report by: Caleb Hood Rountree: Thank you. We can move on hopefully. Next item is the -- let's see. Public hearing. Public hearing for the adoption of the 2008 CDBG CAPER. And that would be Caleb for that? Hood: Mr. President, thank you. This the Consolidated Annual Performance and Evaluation Report or the CAPER that is due to HUD by December 30th. The CAPER tracks the degree to which entitlement communities, one, successfully implement that year's action plan and, two, advance goals and objectives of the five year consolidated plan. The CAPER does require a public hearing, which is going on right now. It was opened on November 24th by the City Council. Staff has opposed the draft CAPER report on line prior to this meeting. Going back several weeks ago it was opened online. We have not received any comments to date. The request for tonight is to have the Council seek any testimony on the draft CAPER and close the public hearing and have the Council adopt the CAPER and, then, direct staff to prepare a resolution. Matt did mention to me that he had some things with finance that he needs to get secured away before that resolution is complete, but, essentially, he thinks he can do that within the next few days here, get the resolution to legal and, then, put that on your Consent Agenda next week, if that is the action you take. So, that's the staff report, unless you have any questions. Rountree: Any questions for Caleb? Meridian City Council December 15, 2009 Page 45 of 85 Bird: I have none. Rountree: No questions. It is a public hearing. Is there anyone wishing to provide public testimony on the CDBG CAPERs grant? Seeing none, I need a motion. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Does the public hearing need to remain open for a period of time or can we close it? Rountree: It's timed out. Bird: It's timed out. Zaremba: I move we close the public hearing on the CDBG CAPER. Hoaglun: Second. Rountree: It's been moved and seconded to close the public hearing on Item 8-A. All those in favor? Motion passes. MOTION CARRIED: ALL AYES. Rountree: Need a motion for adoption of the -- Zaremba: Mr. President? Rountree: -- report and preparation of a resolution. Mr. Zaremba. Zaremba: I move we adopt the report and request a resolution be prepared on Item 8- A. Hoaglun: Second. Rountree: It's been moved and seconded to adapt the CDBG CAPERs report and for staff to move forward with the preparation of a resolution. All those in favor? Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. Rountree: Next item. 8-B. Meridian City Council December 15, 2009 Page 46 of 85 B. Continued Public Hearing from June 9, 2009: Meridian and Amity AZ 08-005 and VAR 08-008 by Hawkins Companies Located at the Northwest Corner of West Amity Road and South Meridian Road, Staff Report by: Planning Department 1. Continued Public Hearing: AZ 08-005: Meridian and Amity - Request for Annexation and Zoning of 73.10 acres from RUT in Ada County to R-15 (Medium High Density Residential)(5.68 acres), L-O (Limited Office) (3.22 acres) and C-C (Community Business)(33.47 acres) Zoning Districts 2. Continued Public Hearing: VAR 08-008: Meridian and Amity - Request for a Variance to UDC 11-3H-4 Which Prohibits New Approaches From Directly Accessing a State Highway to Allow Two Right-in/Right-out Access Points (approximately 660 Feet from the North and South Intersections) and One Right- in/Right-outlLeft-in Access Point at the 1/4 mile to State Highway 69/Meridian Road South of Harris Street Bird: Mr. President? Rountree: One and two. Mr. Bird. Bird: I move we continue AZ 05-0 -- 08-005 and VAR 08-008 until March 2nd, 2010. Hoaglun: Second. Rountree: It's been moved and seconded to continue these public hearings on items 8- A, one and two, that have been opened since June 9th. All those in favor? Nary: Mr. President? Before you vote. Mr. President, Members of the Council, if you don't mind, we had a discussion at our staff meeting today about noticing of this. This has gone on for a long time. We have had a number of continuances that you're aware of. Would the Council consider requiring as a condition of this continuance, again, that the developer or the applicant renotice this hearing? Because if a neighbor had been watching this there is no way they have kept track of this -- this thing. It's been open since '08 and we just felt from the staffs perspective to be fair to the public that with this long a delay that a requirement that they pay to renotice this project seemed reasonable. Bird: Motion maker would have no problem. Rountree: Motion maker? Bird: Would have no problem adding that to the motion. Meridian City Council December 15, 2009 Page 47 of 85 Hoaglun: Second is fine with that. Nary: Thank you. Rountree: Consider that added to the motion. Bird: You bet. Rountree: Does that need a roll call? Bird: Yeah. Rountree: Madam Clerk. Okay. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 9: Continued Department Reports A. Planning Department 1. Summary Staff Report of ACHD 2011-2015 Draft A of Five Year Work Plan by: Caleb Hood Rountree: Next item. Planning Department. Department reports. Item 9-1, summary staff report ACHD. Hood: Thank you, Mr. President, Mayor, Members of the Council. Rountree: Caleb. Hood: ACRD recently released Draft A of the five year work plan for fiscal year '11 through '15. I have summarized all the Meridian projects in Draft A in the table, which is on the screen now. I'm going to highlight just a few of the projects, but first I wanted to just make a couple of notes on this year's five year work plan, at least Draft A. First of all, ACRD has across the board basically decreased project estimates on average of 20 to 25 percent, which allows for projects to proceed in the five year work plan and even new projects to be added. Secondly, in Draft B ACHD will be designating which projects will be the first ones to the chopping block should anticipated revenues and/or construction cost and bids start to creep back up again. So, those will, essentially, be graying out projects in Draft B of the ones that will not be -- go through design and right of way if, again, cost or revenue -- if costs go up and revenue goes down or -- third, they have increased the amount for maintenance and traffic materials in Draft A from last year. I just want to make a note to -- it appears in Draft B that even more money per year for overlays is likely. This generally means less money for new capital projects. Meridian City Council December 15, 2009 Page 48 of 85 So, less intersection projects, less bridges, et cetera. And, then, finally, a note there is some balancing that program that staff still has to do among the years between design, right of way, professional services and construction, just kind of balance the workload over the five years of that -- of the program. So, I just want to highlight -- you know, it is Draft A. It's -- eventually, the draft -- there will be changes through Draft B. I will continue to tract those and we will bring you another staff report as Draft B is released. So, now, quickly, to a couple of the projects on the list and where they are at in construction years primarily. So, not all these projects I'm going to list are -- it's not all inclusive from what I had provided in the memo and the spreadsheet for your packet tonight, but I did want to highlight some of them for you, ones that we discussed for -- most of them several years now. The first one is Eagle, Victory to Ridenbaugh. It's the city's number one priority project that we submitted to the highway district. It has been delayed in previous years. ACHD is planning on advancing the construction timeline for this project as of right now. In the adopted five year work plan the project is scheduled to be bid in the fall of 2010 and completed in August of 2011. ACHD is proceeding with updating the plan and beginning work on the Ridenbaugh crossing while there is no irrigation water this winter. So, the total project will still not be complete until 2011, but they have accelerated the project by approximately four to five months and the Victory- Eagle intersection could be functioning as a three-by-three intersection by October 2010, about ten months earlier than originally anticipated. I know that intersection is a key reason for this project and many intersections being a four way stop, it was pretty bad. I do want to note that three by three is just temporary. They need to do the roadway widening before they can open up to the full five-by-five intersection. So, it will be a five by five, but they don't open it up like that until the entire project is done. I do want to note the disclaimer ACHD is still evaluating this opportunity. Pipes would need to be in place and revenue needs to be available and there are still pieces that need to begin to fall in place for this to happen. But I'm optimistic and, again, we will continue to track it and provide any updates as I deem necessary, I guess, or -- and if there is any change to this I will bring that back to you. The second part that I wanted to highlight, Ten Mile, Cherry to Ustick. In Draft A this roadway project is delayed one year from 2014 to 2015. However, a major piece of the project, the Ten Mile-Ustick intersection, has been moved up in Draft A to be constructed in 2012. This is in accordance with what we requested in our cover letter with our priority projects that they work on some of the intersections around the Ten Mile interchange, so they are programming this intersection for it to be ready for interchange traffic. Staff is supportive of the proposal and it's the cities number one intersection priority project that we sent to them constructed in that time frame. Quickly I wanted to note to just kind of, as a side note, while we were in the Ten Mile corridor, on November 18th a notice to proceed on the Ten Mile, Franklin to Cherry project, was given by ACHD. That project bid came in at 4.4 million. It had a 6.2 million dollar estimate. Some work will start this week and Franklin Road will be closed beginning this Friday through December 24th for sewer work. So, you're going to start to see the makings of that project here right away. The third project that I wanted to mention and not too far away, just on the other side of I-84, is there is a gap between the realigned Overland and the I-84 project that the state is doing. Draft A shows this portion of the Ten Mile, Victory to Overland, project being accelerated from unfunded to a construction year in 2011. Again, this project would Meridian City Council December 15, 2009 Page 49 of 85 insure that there is no gap as people get off the interstate or head south from the interstate to the new Overland-Ten Mile intersection. At the direction of the ACHD commission, their staff is proceeding with design and right of way for this project now. Construction dollars will have to be acted on separately, but staff is proceeding with that project. And the last one that I wanted to just highlight is the Ustick corridor. As the city requested it, again, in our priority cover letter to ACHD, Ustick from Meridian to Eagle, has significantly advanced in Draft A. Ustick, Locust Grove to Leslie Way, has advanced from unfunded in the currently adopted five year work plan to a construction year of 2013. That project does include a rebuild of the Ustick-Locust Grove intersection. The second mile segment, Ustick, Meridian to Locust Grove, has advanced again, but unfunded in the adopted five year to construction in 2015 in Draft A and that project includes the Ustick-Meridian intersection as a brand new intersection there. And, then, the third mile, Ustick, Duane Drive to Five Mile, has advanced from unfunded in the adopted five year work plan to construction in 2015 in Draft A. Those projects were the city's number ten, 11 and 12 roadway priority projects. I highlighted those because they jump straight from unfunded to construction years that are on the horizon. Just a couple of other quick notes. Projects that are proceeding as planned in the adopted five year work plan. Downtown split corridor phase two, which is the city's number two roadway priority, construction is still showing in 2013. Franklin, Ten Mile to Linder, which is the city's number four roadway priority, is still programmed for construction in 2012. The Pine-Linder intersection -- Pine-Linder intersection, again, is construction in 2012. So, there is no change there. And the McMillan-Locust Grove intersection is programmed for construction in 2011. So, again, I will continue to track Draft B as that's released. Programming staff has told me that they will have that draft by the first Wednesday in January, so I imagine for your workshop in January I will be providing some update on Draft B and seeing if there are any comments you want to forward on. Are there any comments in Draft A that you would like me to make to ACHD staff? I know it was a quick staff report. I don't know -- I hope you have all had a chance to go through the packet. Again, this document that (prepared -- you know, hopefully, with some help it shows -- you know, any changes were in bold there on the far right-hand column. For the most part I think it's pretty positive with those couple of disclaimers that, you know, revenue still has to continue on and bids still have to be coming in below some of the estimates. But any comments you would like me to forward on or any questions? Rountree: Any comments of Caleb? Bird: I have none. Rountree: Caleb, my comment is good job and to Gary as well that I think the committee listened and we had some recommendations that they took to heart and we appreciate that. Thank you. 2. Overland Road Design -Median and Access Discussion with Staff and Property Owners by: Anna Canning Meridian City Council December 15, 2009 Page 50 of 85 Rountree: Next item. Overland Road design. Median and access discussion. Staff and property owners. How many property owners do we have this evening? Just a show of hands. Thank you. Anna. Canning: Thank you, sir. Council President, Madam Mayor, Members of the Council, as you know, 2007 the city adopted the Ten Mile interchange specific area plan and as part of that plan some of the arterial roadways were planned to have medians and as the South Ridge property has developed and Overland Road was reconstructed you had conversations with that developer about the maintenance of those medians. We haven't had an opportunity to allow some of the property owners on the north side of Overland to come and talk to you and the purpose of tonight is just to really allow an opportunity for those residents to speak to you outside of the original Ten Mile process. Many of the property owners were not involved in the charrette process. What's kind of prompting it at this time is that ACHD is preparing to finalize the design for phase two of the Overland Road, which goes from Ten Mile to Linder, with plans to construct a northern travel lane and associated improvements, those being center median, curb, gutter, sidewalk for 2011. So, ACHD commission has scheduled a public hearing for tomorrow and I -- and, again, we just wanted to let the owners have an opportunity to talk to Council prior to that hearing. In the memo that was prepared for you -- and it's got my name on it, but Caleb was kind enough to prepare the memo for me -- but in the memo that Caleb prepared there is a pros and cons list and I'm going to go through that very briefly. First of all, let me point out the neighbors that are here. Mr. Powell is here. Mr. Blomberg is here. Mr. Van Auker is here. Mr. Lee is not here and (believe -- and I apologize, I think the tenant on one of the properties is here as well. Now, getting back to the pros and cons list. I will start talking when Caleb winds it up for me. On the pro side ACHD is going to install the ultimate complete street section, including the medians, at this time with their project in 2011. The long term access management provisions for Overland Road will be in place immediately and they will not have to restrict access in the future. After the interchange opens, the Overland Road trafFc volumes are expected to increase significantly and those medians will make for efficient traffic movement. If not installed with the roadway project, there is no practical mechanism to require the installation of the center median as properties develop in the city and I think that's an important one for the planning staff. Installation would be consistent with the medians on Ten Mile Road and Franklin Road widening projects that are moving into construction in this area. This area being the Ten Mile specific area plan. Left turning movements become more difficult and dangerous on high volume roadways. Design radii could be accommodated for larger vehicle to make right-in, right-out movements. The city has a plan envisioned for this area that includes medians in Overland Road. And on the con side, that being don't construct medians at this point, we have tried to articulate some of the residents' concerns, but I'm hoping and anticipating that they will articulate them further. Number one was the cost to the city and ACRD or taxpayers to install and maintain the landscape medians as not an efficient use of money now or into the future. Medians and limited access hampers development potential of the property. Properties in this area are largely undeveloped and have very few trips per day in and out from Overland. Allowing full access will not impact the efficiency of the road at this point. The medians could be installed at a future Meridian City Council December 15, 2009 Page 51 of 85 date or not at all. This would be the only section of Overland in Ada County with landscape medians. It would be out of place. It will take longer for emergency services to access property. Long-term residents and owners have not developed and would be impacted by restricted access. Many have large farm equipment and vehicles that require big turning radii. Property has already been negatively impacted by government as property was taken for I-84 and Overland already. So, again, this was mostly an opportunity for some of the property owners to come and speak before Council and we hope you will listen to them and give staff some direction for the ACHD hearing tomorrow. With that I will answer any questions you may have. Rountree: Any questions for Anna? Bird: I have none at this time. Rountree: Anna, probably more for Caleb and if he would address the discussion we had at the kick off of the meeting about the master plan and/or type of roadway in the typical section that's proposed for this. Hood: Council President, Mayor, Members of the Council, the Master Street Map does depict, consistent with the Ten Mile interchange specific area plan, medians on Overland, Franklin, and Ten Mile sections. Not all sections, but cross-sections of them. So, those -- this section particularly is one of those planned commercial roadways with a center median, no parking alongside both center landscape medians. Rountree: And that's the ultimate vision? Hood: Correct. Rountree: Now, I guess I want a definitional thing here. Currently, Overland does not have medians, but it has a turn lane. The section we are talking about tonight has four lanes and the process that ACHD is undergoing now is to acquire right of way to add the fifth lane, that mayor may not be a median; is that correct? Hood: Council President, Madam Mayor, Members of the Council, Overland is split into two phases and phase one basically breaks somewhere in here and goes back towards Ten Mile. You're correct. I mean the north -- the north lane and associated improvements, curb, gutter, sidewalk, etc., would be back to the east on Linder Road. Again, those improvements stop with phase one right in this area where the beginnings of that center median have already been constructed. So, that's on the table and discussion is, again, going back to the east. I hope that answers the question. But there is only two lanes right now on that section. I mean that's really what's talking being -- sorry. Those two lanes that wasn't -- that's what ACHD is trying to do is that additional lane is -- Rountree: As a fifth lane? Meridian City Council December 15, 2009 Page 52 of 85 Hood: A fifth lane. Yeah. Rountree: Okay. Hood: These property owners -- Rountree: I got the nod from Gary. Thank you. Hoaglun: Mr. President, that brings up a question I have for Caleb. I see here on the south side the collectors were there approved, so it looks like ACRD, we -- whoever is involved in that will there be controlled access onto this roadway, we will be trying to design points where they can be -- both north and south will meet up and possibly align at mid point and those types of things that we try to do; is that correct? Hood: Yes. Mr. President, Madam Mayor, Councilman Hoaglun, that is correct. I think Anna is going to bring up the -- a sample on the Ten Mile plan, although that median that I start to point out at the curb of Overland would essentially go back and stop whatever that distance is from where the collector is shown on here, there will be a center median essentially that will run somewhere to here, break, and, then, another one will run somewhere to here and break and, then, you will have -- so, you will have those access points on either side, so you can make those full tuming movements at both of these locations and, then, the long-term vision is for there to be roadways on the north side of Overland that, then, loop back around. Something like this. So, you have a four -- four leg intersection in the future as those properties develop. Now, that scale is kind of small, but with that roadway, again, would be something like that with breaks in the median on Overland Road to allow those full tum to have been in these general locations. Hoaglun: I guess just to think out loud if I might, Mr. President, for controlling access, is that not doing the job that the medians would do if you have multiple access points on a road where you have high volume of trafFc, are we -- are we diminishing the need for medians if we are having strict control of access points? I don't know. Hood: Mr. President, Councilman Hoaglun, Madam Mayor, Members of the Council, it's almost a phased approach, too, because now those properties have annexed yet into the city. ACRD will retain those existing -- the current accesses will, essentially, be retained, they will just be restricted to right-in, right-out. Over time as those properties develop, then, you're looking at that second phase of your right-in, right-out now goes away and all full accesses are from these other locations. Now, right-in, right-out may be granted, but that doesn't grandfather you in, so to speak, with any driveways that's there today. So, most of the access management policies say you want to limit those access points and you want to restrict the tuming movement to have that efficient roadway network for the arterial sections. Rountree: Any other questions? Comments? Meridian City Council December 15, 2009 Page 53 of 85 De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: Now, who came up with the pros and cons list? Hood: Mr. President, Madam Mayor, that would be me. De Weerd: Okay. Under cons, number eight, did someone take the land for I-84? Was it not reimbursed? Hood: Mr. President, Madam Mayor, a lot of that was paraphrasing. We had a meeting with the property owners last Monday, Tuesday -- about a week ago anyways and those were, essentially, words -- and I wasn't trying to put words in people's mouths, but that was, essentially, what came -- the cons list was, essentially, generated from that meeting, what I heard from property owners. I don't know how compensation was -- happened for I-84, it was just -- that was some of the language that was used. You could probably talk to them further about that, but -- De Weerd: Well, I would hope that that wasn't a condemnation act and no one was reimbursed for their land. I think that was -- I will ask the property owners. Rountree: Madam Mayor, I can tell you it could very well have been a condemnation, but they were reimbursed for their property at fair market. value. De Weerd: Okay. Well, when Isee -- Rountree: Back in the '60s. De Weerd: Well, when I see taken, I mean that's taken and you're not paid. So, when we put a list together let's make sure it's at least -- maybe that's what you all said, but I want to make sure we are not misleading any discussion here. Earlier today when I was looking for a different a-mail I did come across dates of when we talked about this. It was brought to our planning department's attention when Mr. Jewett was applying for South Ridge and he was recommending -- and I don't know if it was through conversations with staff, because this was an entry corridor, but recommending the center medians, landscape medians, and Steve Siddoway, who was with the planning department at that time, came and gave a department report in August 8th, 2006. I had asked for the minutes. I just looked them up as we were sitting here. But this Council had a discussion on entry comdors and reinforced with our parks director who wanted to know if there were medians placed in there what the responsibility and the interest of the City Council was at that time. Two of these City Council members weren't sitting here, but we have had this conversation since, then, several times about entry corridors and center medians and what we want to do and for gateway entrance. It was also a discussion during the Ten Mile area specific plan. So, this is not new. We did have an e-mail from Brad Miller in July of 2006, who opposed it, but he didn't come to the Meridian City Council December 15, 2009 Page 54 of 85 meeting that Mr. Siddoway mentioned he would be giving a presentation. So, this information has been out there. I guess that's what my comments are regarding is this is not new, it was part of the public hearing for South Ridge, it was part of the public hearings for the Ten Mile area specific plan and it has been on a number of department reports to, again, ask Council, because it's not going to cost us zero, it's going to cost us for landscape treatment and ongoing maintenance and that's why it's been in front of this Council a number of times. So, I do want to preface the conversation, so that the public that is here to talk with us tonight does know we have had these conversations and it has been public noticed, just so you know we have had conversations in the past. And I did specifically look that up, because I knew that Paul was really angry. So, when he's angry I take notice. Probably, Ron, too, but -- Rountree: Thank you, Madam Mayor. You have done a good job of summarizing what I believe is a correct and accurate history of what's taken place. This is not a public hearing. We have been asked to provide an opportunity for the folks on this alignment to express their desires. I will run it much like a public hearing. Our hearing rules will provide you an opportunity to provide testimony or comments to the Council for three minutes, at which time we will ask questions and -- and this is not a decision making forum at this point, but we will, hopefully, have some guidance after we hear from you all and deliberate on what we have done in the past. I do not -- I'm told that Mr. Lee or his representative is not here. So, I'm going from left to right here. Mr. Van Auker, do you want to provide us with some comments? De Weerd: Did I mention that Mr. Miller had strongly opposed it in his a-mail? Rountree: No. De Weerd: Okay. Rountree: But I think we knew that. De Weerd: I just wanted to let him know that I did note his a-mail. Rountree: Good evening. Ron, if you would give us your name and address for the record. Van Auker: Ron Van Auker, Junior. 3084 East Lanark. Rountree: Thank you. Van Auker: Meridian. Thanks for providing us an opportunity to, again, voice our opinion. Surprised you didn't hear my dad through osmosis when this -- Rountree: I have. Meridian City Council December 15, 2009 Page 55 of 85 Van Auker: But, you know, we have opposed it -- we have been against the idea of medians for several reasons. We are a developer of large warehouse industrial buildings. They are starting to get a lot more esthetically attractive thanks to the planning and design review of the department. We are not complaining, because it kind of helps us sell our product and -- Rountree: That's good to hear. Van Auker: But there is -- this is a big issue, because we are trying to move in large trucks, 53 foot semi trucks, sometimes doubles. We lease to large clients, like FedEx and other big trucking companies, that pull -- I'm not saying this is going to be a trucking site, but it could develop that way and if you're trying to move a triple and make turning movements -- left-hand turning movements across oncoming traffic, we just kind of see it as an opportunity for disaster and we feel that limited access and medians really impede growth and hurt the commerce and industrial -- both industrial and commercial areas, because the traffic centers they are also having to accommodate large trucks as well and moving large trucks across traffic again is not fun to do. If we are not providing ample access to our property it's going to be really difficult to lease or sell that property and you could end up with property that never develops and I think the idea of medians on this street may be -- maybe in 20 years it would be prudent as property changes and the use changes over time. You know, our idea, you know, let the property develop like -- like it needs to be developed today, not how it's going to be developed 20 years from now. So, medians are prudent in residential developments, I think they add a lot of amenity to residential and light commercial developments, but industrial and heavy high traffic commercial centers it's just a burden, in our opinion. So, kind of what I came to talk about. Rountree: Any questions for -- Van Auker: That was perfect. Rountree: Good job. Bird: I have none. Van Auker: I was in Toastmasters, by the way, so -- Rountree: All right. De Weerd: Good job. Rountree: Had that internal clock down. De Weerd: Can we rate him now? I didn't hear any uhs or urns or -- Van Auker: Thank you. Meridian City Council December 15, 2009 Page 56 of 85 De Weerd: So -- Rountree: Thanks, Ron. Van Auker: That's it? Rountree: Yeah. That was too easy. Van Auker: Do you want me to leave the letter? Rountree: If you would, please. Yeah. De Weerd: With the clerk. Rountree: With the clerk. The next name I have is Blomberg. If you would give us your name and address for the record. Blomberg: Yes. My name the Paul Blomberg and I reside at 532 East Forest Ridge Drive in Meridian and I appreciate the opportunity to be here and I have got some concerns. I have been in the transportation business for over 40 years. I sold out last year. We always were in excess of a hundred truck carrier and I got to know the ins and outs of what is needed for - to meet commerce needs. Besides that, I have been in the farming business in a limited way and I know we also need an amount of room needed to move equipment in and out and when I seen that we are going to talk about putting medians in the middle there -- in fact, it's the only place from Federal Way all the way to Ten Mile that this would be and it's only going to be a short distance at that, I got very concerned and, then, a few other issues concerning some of the issues -- this project I thought needed to be brought to everybody's attention and needed to be talked about. I would ask that you review your decision, especially median accesses and the size of access from the property into Overland. I can see with median accesses for the truck, the 53 foot trailer trying to make a turn around, it won't make it. You got somebody going 50, 60 miles an hour and you're going to,have a real tragedy. We tried to be involved in this project all along. Attended quite a few South Ridge hearings and it was not a very productive time, so kind of backed off to this point. So, I would ask that -- we thank you for being here, listening to my testimony. And any questions? Rountree: Any questions? De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I think what Mr. Blomberg and Mr. Van Auker have not mentioned is some of the challenges of today as well and maybe since we have already had a conversation Meridian City Council December 15, 2009 Page 57 of 85 about the landowner across the street or the developer across the street, there was placement of fire hydrants that have caused some consternation. Blomberg: Well, I got it figured out. De Weerd: You did? Blomberg: Yeah. ACHD took away our irrigation and the City of Meridian brought this fire hydrant and put it right in the middle of our irrigation ditch. So, we will just turn it on next spring and that's how we are going to irrigate our ten acres, so -- De Weerd: You're so creative. Thank you. I did know that you have had conversations with staff and are these items -- issues -- Blomberg: It has been very productive in the last week. De Weerd: Thank you. Blomberg: And I thank you. Rountree: Any other questions? Comments? Bird: I have none. Blomberg: Thank you. De Weerd: We will charge you for that water. Rountree: It's very expensive. And the next name Powell. Mr. Powell. Powell: My name is Daniel Powell. I live at 1690 West Overland with my parents. They are 95 and 91. One of the issues that I had about not being able to turn left was in case of emergency. Five minutes might save their life if that has to be. We also have a farm there. Pasture. And we don't grow any hay ourselves and so we have to have hay trucks bring in our baled hay, you know, and we have horse trailers that we have to go out -- I mean they are not 53 feet long, but I mean, you know, Ican -- you know, my horse trailer and my pickup trying to turn left going down the road, I mean I have lived there 55 years and I think for this body to make a decision that I can't do that -- I'm the one that said they took our property. They took seven acres from us. Yeah, they paid us, but we didn't want to sell and they took seven acres again and we -- my mom and dad went to court and wanted more money -- all the neighbors went to court, but they only gave us the same amount. So, far they have taken 14 acres. I say taken because we didn't solicit the sale, we didn't want to sell it. I feel kind of like I'm getting forced all the time. Now, I'm going to be forced to turn right and go down and waste more gas, pollute more air, to turn around and go to work. I just don't want to see the medians -- Meridian City Council December 15, 2009 Page 58 of 85 at least if you got medians let us tum left out of our own personnel driveways. That's all the comment I have. Rountree: Any comments, questions for Mr. Powell? Bird: Mr. President? Rountree: Mr. Bird. Bird: Mr. Powell, just one question. You say they took seven and, then, seven? Was that for the original in '68 when they took the original freeway? Powell: The freeway went through and they took seven acres off of that. They left us a little piece of ground -- I forget what -- you would have to ask my dad -- went from nothing to like seven feet. That just kind of went away. I don't think they paid us for it. The guy across the street absorbed it. When they did Linder and the other part they put that settling pond you can see up there that was two acres and five acres to widen un part of Linder Road and they also took -- that road used to come -- it came from five lanes down to two lanes until this year and they left me an irrigation ditch -- I struggle with that all the time. They put headgates on there that are backwards and I'm supposed to stop the water off here, I have water running into my pasture that stays there all year around. It's whenever I have the water, excuse me, for the week's time that I have the water, it mushy, I can't have my stock out there, it breeds mosquitoes, because they put the gates in backwards. It's like putting your finger over into the high pressure hose. I got three of those. And now this year I don't even have to wont' about it, because they took the ditch completely away. When they widened that road the property used to come down here and have quite a steep hill, they have now made it so that it's a gentle slope. Well, now that ditch that used to be there is three feet below where it needs to be. I don't know how we are going to get water up in. We got around nine or ten acres that needs water. Somebody said they made a mistake. Well, yeah. Who does that impact? Not you guys necessarily, just us more little guys that sit there and you take this. Well, yeah, we will pay you for it. I want your leather coat. I will give you a dollar. Well, it's worth 50 dollars. Well, I will give you 20 dollars, then, and if you want more, go to court. I mean I feel like it's pushed down my throat. I'm song. I'm getting a little emotional, but -- De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: In regards to the irrigation, and, Mr. Rountree, correct me if I'm wrong, but they have to make sure that those facilities are in and functional. If they are not, I'm sure we could get you a point of contact. Powell: That's what I understand is supposed to be as good or better. I asked them if they could put a stand pipe in there and they says we cannot put a stand pipe along that Meridian City Council December 15, 2009 Page 59 of 85 road, because we need the thing for a borrow pit, and so they can't close it up and put a pipe, you know, to raise the water up, because they need the borrow pit there and so they can't do that. Now, I don't know what they are going to do. We had a guy make a proposal they want to move those ditches out 15 feet into our property, again, you know, and I don't know what they are going to come up with. I mean all I know is we don't have a ditch, we won't have -- like you say, you put a fire hydrant in the middle of the ditch. Well, I don't know, come April how we are going to get water. Am I just suppose to run it down the ditch -- run it down the borrow pit? De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: If someone on staff can help Mr. Powell in finding out answers to the irrigation issues and help advocate on his behalf that would be appropriate. Rountree: And I think Gary probably is taking notes on that and will see what can be done there. Bird: That's right. De Weerd: Hopefully we can get you some answers. Rountree: But thank you for being here. Powell: Thank you. Rountree: And I don't have the last name, but the gentleman in the plaid shirt. Tipton: My name is Ron Tipton. I lease the piece of property from Paul and farm that and everything there. And my concerns is the same as the other guys. You know, we move cattle in off the road there in and out. With the median, you know, cattle truck comes in or comes out we won't be able to get in and out of our property. The irrigation is a problem, but, you know, hopefully, we can get that worked out. But our biggest deal is that's still farming out there. You know, if you look at your map you don't see any development or~ nothing. That's going to be in today. It's going to be ten years down the road, 20 years down the road, and we are putting medians in three-quarters of a mile. You know from there to Franklin or whatever it is down there Federal Way there is no medians. I can see a fifth lane, you know, if they need that, but, if nothing else, I'd just as soon leave it like it is, the four lane, and they won't eat up anymore of our property. You know, each time you turn around they want to buy more property in the front and cut down our land as it is, you know. But the engineers or that -- and I visited with them and I have visited with Brown Construction on the imgation, they admitted they screwed up. They cut the roads down 18 inches. The ditch used to be at the borrow pit. You know, that was the irrigation -- the water came down right next to it. Well, they cut the road down 18 inches and the engineer he had it in his plan that they Meridian Ciiy Council December 15, 2009 Page 60 of 85 were going to do the other section at the same time where they were going to buy the property, move everything that 18 more feet frontage and put a new ditch underground up there. Well, now, you know, who is to say we are going to sell that property or the Powells. I'm a son-in-law of the Powells. You know, the whole family is right there. And so we farm all that land and imgate it and run cows on it and so what if we don't sell that land for five more years. You know, unless you guys force us to sell the land. But, you know, maybe we don't want to sell that land to put the fifth lane. If it's not going to help us out why would we sell the land to put a median in front of us where we can't tum out? Now, it doesn't make sense. But they made the mistake. They did a terrible job with the irrigation before. We fought it for the last year. Now, we got one that they have to move the ditch up on our property to get the water level to flow into the front pasture because they cut the road down 18 inches, so they can't get the water there. They can't make the water go uphill, so -- and they admit that it was their screw up. They know it. They don't know what they are going to do about it, but now we got to give up part of our pasture and put a ditch in there that we got to maintain -- can I keep on for a second? -- that we got to maintain and if any of guys have been farmers, ditches and cows become a problem all the time. You're always cleaning them out, because that's the places the cows like to walk. They will walk through the ditches all the time, so that -- you know, so that makes more hassle for us, you know. So, if -- plus, they got to move the ditch clear in on our properly. Now, we got to move the water different directions than it used to be before. You know, if they would have made allowances to keep that out there where it was and put it in for -- so they can have headgates going out to our property, that's fine. Where our headgate was our box out front, they put a fire hydrant right in the middle of it. Any contractor or anybody would have looked and said, well, gosh, why ain't we putting the ditch right -- or fire hydrant right in the middle of a ditch? I mean somebody should have said, hum, this don't make sense to me. They tore out my headgate, my big box, and I had lined with -- with concrete to keep it from washing the banks away and they dug that all out and put a fire hydrant right in the middle of it. Now, somebody should have asked somebody or said, you know, does this make sense? You know, because you can't run a head of water around a fire hydrant, you know, pretty quick it's going to wash it away. But now we are fighting this issue. Come April we either got to give up more land for them to put the irrigation ditch in or do something to get water. You know, there is 28 acres there, plus the neighbor next to us. Fred's place can't get water. The five acres behind him can't get water until they get it across our property. So, all that water has got to be rerouted through our property to make it work. So, everything they have done has just been something that has to take away from us and the irrigation system they put in before we talked to Ada County they came out and looked at it and said, well, that's the best we can do. We had the inspector come out and he said, well, that's the best we can do. With water spraying out of the headgate and, you know, it just makes a mosquito mess. It just makes a soft pasture, because there is no way they can shut the headgate off, because it's going the wrong way, the water is pushing against the tin, pushing the tin away and just spraying out. Now, if that headgate was the other way for the water to push against the middle, it would -- Rountree: Ron. Ron, I'm going to cut you off. Meridian City Council December 15, 2009 Page 61 of 85 Tipton: I'm song. Rountree: We hear you. We hear you. I just want to -- one of my advise to folks is sometimes less is better. Tipton: Yeah. You know, we just have a lot of problems out there. Rountree: We understand. Tipton: And, you know, we're just fighting them every time we tum around with this development. Bird: Mr. President? Rountree: Mr. Bird. Bird: Ron, have you guys talked to Nampa-Meridian? That's who is responsible for supplying the irrigation to you and what can -- isn't there anything -- I mean they have got to supply imgation water to you guys. Tipton: Exactly. Bird: And not just yourself, but the ones behind you and stuff and I agree with you, I wouldn't want no ditch going through the middle of my pasture either, because it's worthless. Tipton: Yeah. Bird: That's why they have ditches on the outside by the fences. Tipton: Exactly. Bird: I just -- Rountree: You know, I'm -- this irrigation issue is an issue, I understand that, but we are not going to solve that tonight. There is a gentleman out there in the audience that's going to get it solved for you. Tipton: We hope so. Rountree: And he can take that to his commissioners tomorrow night and explain to them what the difficulty is. Tipton: Yeah. But it's just one deal after the other. Meridian City Council December 15, 2009 Page 62 of 85 Rountree: Yeah. I understand. Tipton: The medians one deal -- I'm done. Thank you. Rountree: Thank you. Thank you. Any other questions or comments? This isn't a public hearing, but anything else on your mind? Any direction? You know, we have heard the issue about the median, but we have also heard some of the issues as it relates to -- and it's not the first time we have heard the issue of irrigation and development and the people on the other side of the street or next door that aren't developed and the impact it has on them, but we can provide some guidance and, Gary, correct me if I'm wrong, but your commission is meeting on this topic tomorrow night? And the topic is whether or not to have raised medians or landscaped medians? If you could come up and -- Inselman: President, Council, Gary Inselman representing Ada County Highway District. That's correct. Our commission is meeting tomorrow night to make the decision on whether or not they would allow the medians. They heard the issue with the South Ridge development and deferred a decision until a later date when the construction of the road was more imminent. So, tomorrow is that meeting. Rountree: Any questions for Gary? Bird: Mr. President? Rountree: Mr. Bird. Bird: Gary, will this be a public hearing where the people could testify? Inselman: It's a public meeting. It's not a public hearing, but we will take public testimony and, then, they will deliberate. Bird: Thank you. Hood: Mr. President, Madam Mayor, Members of the Council -- Rountree: Caleb. Yes. Hood: I am planning on attending that meeting. Rountree: Okay. Hood: Dave is -- obviously can forward all those comments. I am prepared to -- if you want me to go to that meeting and provide testimony to the commission, too, so that's another reason that this is on the agenda. Again, I have already stated that Gary could forward that on, but I can also get up and represent the city and make any points that you -- imgation is already on my list. If there are others that you would like me to make Meridian City Council December 15, 2009 Page 63 of 85 particularly regarding support of the medians or not support of the medians, you prefer to go in a different direction, but I will be at that meeting, so -- Rountree: Any guidance or questions or comments for Gary or, if not, he can go ahead and sit down. Inselman: If I may, I can assure you we are well aware of the imgation issues. It was a developer cooperative project that the developer's engineer is responsible to fix the situation. We won't accept the work until it is resolved. We won't release the developer's surety until it is resolved, so we are pursuing a solution. De Weerd: Sounds familiar. Inselman: And it's the same developer, so -- but we are -- we are well aware of the issues -- the issues of the past project, which was an ACHD project. I was just made aware of through this project this year. I do find the answer that the gentleman got unacceptable. We will -- we are trying to resolve that as well and, ultimately, with the full build out of the road and it will get resolved, but we will find an acceptable interim solution for next imgation season. Rountree: My last question for you, Gary. The question is not the expansion of the roadway, the question is whether or not that tum lane is a median. Correct? Inselman: Before our commission tomorrow night that is the only question. Do we install a median or not. Rountree: So, the plan is to continue the typical section that exists on Overland through that section, which is a five lane curb, gutter -- an urban section curb, gutter, and sidewalk or at least curb and gutter? Inselman: That's correct. We would build it through the five lanes, curb, and gutter and sidewalk as the properties develop. Rountree: Okay. As they develop. Inselman: Yes. Rountree: Okay. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: Gary, was it also the question if the -- number one, if the -- their road should have medians. Number two, if they should go in now or as the property to the north Meridian City Council December 15, 2009 Page 64 of 85 develops is that also a question or is it just do we have a medians or not -- not a timing issue? Inselman: Mr. President, Madam Mayor, as we have phrased the issue to our commission it's do we install them now or not. A timing approach we haven't really considered, because, as your staff has indicated, there is an issue with how do you implement that and we have not, I guess, thought that through a way that we could do that. Rountree: I believe your typical section in terms of your vision for that type of road, depending on how it develops, and ultimately the traffic volumes would allow for the provision of at least the minimum raised medians, if you will. Maybe not landscape medians. Much as what's proposed for Eagle Road at some point in time in the future when money can be found to do it. Inselman: Right. Mr. President, maybe I can clarify that it should be who would pay and who would can construct them in the future. Rountree: That's always the question. Always the question. Inselman: If we do it now it's easier. If we wait and try to do it piecemeal as foreign properties develop, then, it's -- you know, do we make them build them or the city and the highway district share those costs? We haven't worked that out with this body, so -- Rountree: Any other questions for Gary? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: In running back to the TLIP presentation that we had earlier, it looks like the direction we are going is that arterials would have medians built in them. Whether or not it's landscaped is a different issue, but Ijust -- this kind of issue is going to come up along many of the arterials that have not yet changed from their rural use to an urban use and, you know, as we say, we understand the need for medians on Eagle Road and perhaps Fairview Road, because of how busy they are now, but do we need to reconsider whether medians should be on arterials yet or what do we need to do about that? Inselman: Mr. President, Councilman Zaremba, in this case we are trying to implement your Ten Mile plan where you envisioned having the medians and -- Zaremba: Yeah. Inselman: So, if the -- you know, if the Council decided they didn't want to maintain those and didn't want them, we certainly wouldn't build them. Meridian City Council December 15, 2009 Page 65 of 85 Zaremba: It is part of the plan and I guess that's -- Inselman: The landscape medians. Zaremba: I interrupted. Caleb was going to -- Hood: Mr. President, I just want to make a point of clarification for the Council. I didn't want to confuse some of the earlier presentation on the Master Street Map and make you think that all arterials had center landscape medians. In fact, the Ten Mile and Eagle Road I think are the only arterials in the city and our area of impact where we have landscape medians planned. We had that discussion I think that may be even that same meeting that Steve -- and we talked about do we want to -- how many do we really want to landscape and Franklin, Ten Mile, and Overland in this area were, essentially, the corridors that we are looking at. Now, there may be medians that aren't landscaped that get put in with some arterial roadway widening projects, they may or may not be for traffic related purposes, because volumes -- you want people to turn out of them, you're going to put a raised median in. There are no other plans, though, for them to be landscaped and maintained by the city. At least at this point. So, I just wanted to make that point clear, that our -- we are not making all arterials this scenario. This is specific to the Ten Mile interchange study. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess what we hadn't discussed is not what if, I mean should they be there or not. It was the timing issue. And, you know, I don't know how you have addressed this or if it's even come up in a timing issue has rural has transitioned into urban where these landscape islands -- if you take Eagle Road, for example, that's urban. You're not going to want to put a farm machine out on that road and figure out how you're going to get a tram movement or how they are going to tum that piece of equipment around to go the other direction. So, has the commission had discussions about how you do that? Inselman: Mr. President, Madam Mayor, I don't believe we have. I mean, as you know, we are -- we have the designs for the medians in Franklin Road currently. I believe the state will install the medians in the portion of Ten Mile that they are building -- are, essentially, the same situation as this segment of road. There are large tracks of land that are still rural and those medians -- today they are going to be installed at those projects when they are built. The turning movement in and out of the driveways I don't foresee as being a huge issue, because we are going to have a wider section of road between the curb and that median that existed prior to the widening. It was -- the two lane road was narrower than one half of the widened road. As far as making them make u-turns to get going the other way, that would be another issue where they have to go down to the break in the median and have a large enough gap in traffic to make the u-turn or go, you know, around the, you know, three or four miles to make the Meridian City Council December 15, 2009 Page 66 of 85 movement on the arterials. But the existing driveways we can currently accommodate the larger size vehicles if we know what they are. De Weerd: Well, Mr. President? Rountree: Madam Mayor. De Weerd: I guess that is one of the primary issues I guess I see is -- is that timing with regard to our fire service until that road connects to something you have to have some kind of a bulb out, someplace where that garbage truck and fire engine can tum around and get out of whatever they get into and that's a temporary solution. But this is I guess new territory that, you know, we can look more like Mr. Van Auker mentioned at the longer term and what we would like to see as that area built out, but what do you do in the transition and how do you accommodate that transition as well. Rountree: Gary, you don't have to answer that. That's our question. Inselman: Mr. President, if I might point out -- De Weerd: But it would be nice if he could. Inselman: -- the collector roadways as indicated on this drawing where they are located, there will be breaks at the medians in those locations, so, you know, we will preserve the existing driveways. We can build the returns for the future roadways at those locations. Essentially, there won't be a median in front of Mr. Powell's property, because there is no need for one between the intersection and that first roadway and that first roadway -- the left turn will be preserved. As Mr. Van Auker's property develops, that northern -- that collector roadway leads into the north that will be a public street. So, there are those planned breaks already where u-turns could be made in the interim or in the future until access limits can be made into those locations. Rountree: Further questions, comments? Bird: I have none. Rountree: I will just kind of run here a little bit. That this is a little bit unique in terms of transportation and ACHD's ability to provide for it and the state's ability to provide for it and development. We do have a vision. I think it's the right vision. The driving force of development sitting waiting to happen and the transportation facilities out there marching ahead and putting in what the vision is. So, to me it's a unique and unusual timing experience that we are seeing here. From an access control perspective this point in time and given what's there, the raised medians or landscape medians are not necessary. I don't know when they are going to develop. Probably not real soon given the state of the economy. Anymore than what's there. Hopefully, the farming operations can continue to exist if they get their imgation issues resolved. Please. Meridian City Council December 15, 2009 Page 67 of 85 De Weerd: Please. Rountree: And this is not the first time I have thought about this issue, but usually happens that the development's there way in advance and transportation facilities come afterwards and, then, the vision is total. I mean I don't want to reverse our previous 2006 decision, but in 2006 things were rolling pretty quick and pretty fast all over and it could have been six, eight, ten months when somebody brought a multiple acre development in that area and we were anticipating that and it's not happening like it's going to happen on Ten Mile. But I guess my spot right now is that, you know, what do we -- what do we lose if we don't move forward with the landscape median at this point in time is the opportunity to get clarity on who pays for them, who in stalls them. But, then, there is still clarity needed on how much are we willing to accept and how much we are willing to take on in perpetuity. Something other than that esthetic right now is not necessary to control any access -- any traffic issues. So, I mean the median in time I can see is required, just to maintain that typical section through there and provide long-term access. Zaremba: Mr. President? Rountree: Kind of where I am. Zaremba: I agree with all that. The one element that makes it a decision today is whether or not they are going to be landscaped. If we are saying that some day there is going to be medians and we could put that off and leave a five lane center tum lane, that would work, except that if the decision is some day they will be landscaped medians, then, while they are building the road the piping to irrigate them has to be put in. Rountree: That's a good question. Has that been done? I mean you have got four lanes out there. I assume that third lane is the median. Was it envisioned that it would come through from the north side and, then, when you put the final layer on that that covers it all up? Inselman: Mr. President, we haven't installed that yet, but we haven't done the top lip, so if we need to cut to put in those or -- Rountree: Okay. Thank you. Hoaglun: Just to weigh in on the landscape median, there are areas like entryways where you want to have that impression that you're entering the city and it's nice and you're defining boundaries and having a landscape median where you enter makes sense, but as you move into the area, unless it's a unique area, you know, the stately homes, you think of a Warm Springs or Harrison Boulevard, something like that, which I don't know in Meridian if that qualifies, but if we have anything that qualifies, to me landscape medians is taking resources away from our parks department where -- to maintain that, because ACHD is not going to take care of it, it will fall to parks, and, Meridian City Council December 15, 2009 Page 68 of 85 then, we have greater needs out there than landscape medians down the middle of an arterial and I'd rather see their resources put into those parks and recreation programs that there is a big draw to. So, outside of the fact of those limited entry areas, I'm not wild about having park staff having to take care of these landscape medians hither and yon in our city and taking up those resources. That's not to me a great use of tax dollars. When I come to this particular stretch and I try to think 20 years down the road are we doing something now that will be helpful? Maybe. Probably. But then, again, at the same time, out of this whole stretch of Overland Road this is going to be the only place that has this in a place that we will have the ability to control the access now instead of reacting to it later and, I don't know, maybe I'm just being more of a gambler thinking, well, when the time comes we need it we will find the money to do it then. Bird: If we need it. Hoaglun: So, that's kind of my approach. Doesn't necessarily mean I'm anti-median for everywhere, but in this -- looking at this section I'm not thoroughly convinced. But, then, again, I haven't been here as long and studied this issue as long as some of you have. But that's where I am right now. Rountree: Somebody want to make a motion to provide some information to Caleb, so he can convey it to ACHD tomorrow night as it relates to tum lane versus median with the completion of this project? Bird: Mr. Chairman, I would certainly attempt that. I'd like to -- I would make a motion that the Council would send a message with Caleb to the ACHD public meeting stating that this Council, while we want to keep a five lane road on Overland Road, we would prefer right now that the fifth lane in the center be used as a tum lane and not have any median at this point. Hoaglun: Second. Rountree: Do we need voice vote, Mr. Nary, or -- Nary: Voice vote is fine, because you're really just giving direction. Rountree: Okay. All those in favor of the motion? Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. Rountree: For the folks that are here tonight, I don't know if you understood all of that gobbledygook, but our position is the median will move forward -- excuse me. The tum lane will move forward. The median will at some point in time might be required and may go in place, but I suspect you folks will not be farming at that point in time. And, hopefully, you will get your irrigation stuff resolved and, if not, do come and work with Meridian City Council December 15, 2009 Page 69 of 85 our Public Works staff and I think, Paul, you have those names, so you can get that taken care of. Thank you. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I would just ask one thing of the engineers, the traffic engineers, who need to look at this and the one spot that worries me, if you have driven that with the slope, the portion right where the lower part of the curve is, if that were icy and slippery, I think I would like to have a little bit of a median there. I agree with the vote and voted for not having the median immediately along all of there, but there is -- there is a spot right at the lower end of the curve where it joins old Overland or what was previously old Overland, now widened, that I think for safety reasons we might want to have a raised median. Not that a car that's run away on an icy might jump over it, but just that doesn't roll along in front of these properties, but that one little spot there we may need to preserve an island for safety. Rountree: Gary is bobbing his head. He wants to answer that. I think it's been taken care of, but -- Inselman: Mr. President, Councilman Zaremba, there was a short stretch of median installed between the bridge and that curve -- Zaremba: It's already there. Yeah. Inselman: If you're meaning extending that a little bit or to address that concern we can look at it if that would make a more logical ending to that. Zaremba: Well -- and my concern maybe totally unwarranted as well, but just somebody that knows more about it than me would take a look at it. Inselman: We will look into it. Zaremba: I remember thinking as I came down it one time that might be a concern. Inselman: Yeah. I just drove it tonight, actually. It looked like we have been sanding it, so it was pretty slippery last week. So, we will look into that. Zaremba: Thank you. Rountree: Thanks, Gary. Thank you all for being here. De Weerd: Thank you. 3. Energy Grant Project Prioritization by: Pete Friedman Meridian City Council December 15, 2009 Page 70 of 85 Rountree: That brings us to the next item. Oh, now Pete, it's your tum. We have been prioritized. Friedman: Thank you, Mr. President, Madam Mayor, Members of the Council. I will try to get through this, but this is the moment we have all been waiting for. We have come to you with a list of recommended projects for funding through the Energy Efficiency Conservation Block Grant. So, what I'd like to do is just give you a very brief background, you know, a lot about the process already. Run through the recommended projects for you and, then, we will follow that up with a distribution of the monies as it relates to those projects. Before you tonight is another draft matrix, it's similar to the one that you received at the last time we discussed it. The difference is this includes all the projects that would be eligible under the DOE criteria. However, the first seven or so in the top of the page are the ones that we will be recommending to you or are recommending to you for funding. So, I have that I will move forward. Jed Glavin from HDR Consultants, who has been helping us develop the strategy, is also here to assist Anna and I in answering any questions you might have. So, as you know -- I'm sorry? Rountree: Are you ready for questions or are you just going to -- Friedman: Run through it and -- Rountree: Jump into it. Friedman: I'm just going to jump into it. As you know, the city's been allocated 608,000 dollars. We used a portion of that to hire HDR to help us put together the strategy to prioritize the projects for funding. In the past two weeks we, through our brainstorming sessions, both with Council and with interested parties, department heads, and through our survey we identified a total of 31 projects that we included in our initial analysis. The following items were used in estimating each project. The cost -- the potential energy and cost savings, greenhouse gas emission reductions, pay back periods of job creation that's consistent with the criteria that the Department of Energy will be looking for when we submit projects for funding. Having gone through those -- and we did come up with this list of seven projects in coming through that -- what we did was we looked at the cost, we looked at the pay back period, the return on investment, we looked at the objectives of the survey that came out of -- from our discussions in the past, we looked at the potential incentive that maybe available from Idaho Power. We looked at need, feasibility, and number of jobs created. As a result we ended up with seven projects. I'm going to start at the top, work my way down, then, we can get to the dollars and answer your questions, hopefully. So, the first project we are recommending is retro commission of the police building. Potential cost. It's about 120,000 dollars. Pay back is 12 to 13 years. Greenhouse gases reduced is 47 metric tons. We believe there is about 16,000 dollars incentive that we can receive back from Idaho Power. Now, if you will recall prior to getting into this whole block grant thing we did hire HDR for a short contract, they did kind of an initial energy data base -- energy use data base for the city, but they also did a couple potential project reviews and what Meridian City Council December 15, 2009 Page 71 of 85 they did was they did a pretty good analysis of the police department building, so we have a good base to build on right now in terms of recommended improvements in that building and so looking at our criteria, as well as the -- not only the pay back, but confront to the users was another thing that's not in here. We feel that that's an appropriate project. The second one would be a LED green energy streetlight conversion comdor project. We have two of them. The Public Works recommended. One is from Franklin to Fairview and the other one would be from I-84 to Fairview. We have two different costs there. One's for 90,000, one's for 3,000. We are recommending both of those. We feel that even though the pay back is 25 years or so and there is no incentives from Idaho Power, there are savings, there are greenhouse gas reduction and it's a good, you know, kind of show piece and it will also give us an opportunity to test it and see if it's something we want to move into in the future as we look at other streetlights in the area in the city. The third project is changing out the light switches to motion sensors in the fire stations. We are looking at a cost of about 10,000 dollars without installation. The pay back is relatively quick. In one to three years we reduce the greenhouse gas emission by about 19 metric tons and we believe we can get about 4,200 dollars back from Idaho Power by going forward with this project. The fourth project is -- it's actually two projects. It has to do with pedestrian and pathway construction. The first one would be actually construction of the Fothergill trail, which is just a short length that we need. The second one, it's fairly cheep, fairly inexpensive, second one would be designing this 1.8 miles for the Five Mile trail. That would be -- we would only have the money for the design and you can program out the construction through the CIP and working with parks. So, here is a map of the Fothergill trail from the high level and, then, there is just a little connection that needs to be made in there. We have the pathways on at either end of it. And, then, here is the Five Mile trail, that went between Linder and Ten Mile. And, again, that 56,000 dollars would be for the -- forthe design of that engineering plans and so forth. The fifth project is replacing some of our pumps out at the wastewater treatment plant. This is a -- this is a biggie. This -- even though the cost is pretty high, the pay back is relatively quick. It has a tremendous amount of greenhouse gas reductions and, again, we believe that we could recoup about 25,000 dollars from Idaho Power in incentives from them. Number six, again, is out at the wastewater treatment plant. Spending about 15 to 16 thousand dollars with installation for replacement of lighting fixtures out there. Again, this is another good one where it's got a relatively quick pay back or return on investment. It's got a moderate degree of reduction of greenhouse gases and, again, there is some money from Idaho Power in terms of rebates to us for energy efficiency and this -- what we -- based on the information we have today these are the -- we think that maybe is a total of 51,000 dollars that we might be able to get rebated from Idaho Power and that can be used either to offset a couple of overages we have on a couple of these projects or to be used to fund other energy reducing projects that the city might identify in the future. So, now, Mr. President, Madam Mayor, Council Members, we are ready for your questions. We are also prepared to go into any of the other projects that we have listed out of the 14, if you wish to discuss those, and if you don't have any questions we can talk money. Meridian City Council December 15, 2009 Page 72 of 85 Rountree: Any comments, questions? Do these recommended projects match the priorities that you figured out as you evaluated the matrix? It matched mine very closely. Bird: Mine, too. Rountree: With the exception of the last one and I don't know that I had it on here anywhere, but that was the lighting at the wastewater treatment plant. I think it's buried in here somewhere. Friedman: It's probably buried in there someplace. It sort of floated to the top as we were going through these when we started looking at the -- at the return on investment and the incentive. Hoaglun: President, comment. Just to thank Pete and staff for putting this together. I thought you guys did a real good job. I'm big on -- if we can create our own energy, but that's way too much for employing the digester gas for heating our buildings, but maybe some day. I was just at AIC, you know, when they talk about these power cities and, you know, getting a little jealous. I'd like to be a power city. De Weerd: Honored, just in a different way. Hoaglun: Yeah. But I did a good job and I can live with these and I think are good recommendations. Rountree: Any other comments? Bird: Mr. President? Rountree: Mr. Bird. Bird: I'd like to echo what Councilman Hoaglun just said. Your staff did a great job, Pete, you and the staff and -- Friedman: Thank you. Bird: I certainly think these projects would be very beneficial to the city. Zaremba: I not only agree with all the thinking that's gone into it, I would add that there is a few things that didn't make the top seven that we may be able to do anyhow and I think of the purchasing of hybrid vehicles and so forth, as opposed to going out and doing that right now, that's something that all departments can do as the vehicle needs to be replaced. If you're going to have to buy a new vehicle anyhow, it may as well be a hybrid. Meridian City Council December 15, 2009 Page 73 of 85 Friedman: Mr. President, Madam Mayor, Council Members, at the risk of kind of going off out of range a little bit, what we are focusing on tonight is the initial strategy that we are going to submit to the Department of Energy. The whole matrix that you have is a long-term energy strategy for the city. So, it's for your use as time goes on as we do our capital improvement programming, as we do our budget, and so forth. It's to be a tool so that the Council can look at that and say, okay, as we allocate our funds what kind of things can we do to reduce energy. So, just kind of an aside. The last point here is we put together three options for you on financing and as you can see in option one, as well as option two and option three, our award is 608,800 dollars. Now, we have committed 4,800 -- or 48,800 dollars to HDR for helping us to prepare the strategy. We are also taking 9,200 dollars for administration, which is allowable under the terms of the grant. So, really, what we have available is 550,800 dollars. Option one shows you -- if you go along with all these projects, we come out a little bit in the red by 18,700 dollars. We feel those can either be made up through the incentives that we get back from Idaho Power or by any reductions that you might see in there. Under line ten you will see we are taking 50,000 dollars for administration and this is divided up between planning and finance, because once we get these projects approved and the awards made, there is going to be a lot of work in teens of putting together bids and monitoring and, you know, Todd and Rita have been just outstanding in helping me at least wade through. The reporting requirements on this are -- there is three or four different levels of reporting. So, we felt since the program allows for administrative funds to be taken from it, that we felt at least we would put it out there for your consideration. So, under option one, if we go with all the -- all the projected costs that we have and take the 50,000 dollars for administration, we come up about 18,700 dollars short. Under option two -- yeah, I will give it to the person that prepared this and that way I don't have to take it. Canning: President Rountree, Madam Mayor, Members of the Council, I just prepared this spreadsheet, so that you could make the adjustments you all wanted. I'm not preparing an option one, option two, option three. I just put everything on there, so that I could easily delete things and you know what the sum would be. The only difference between what's shown on option one and option two is this line for the variable speed pumps you might have noticed as Pete went through the list. There is quite a wide range of cost there. So, that one just shows the lower point. So, if it ends up being the lower amount, then, we actually have 31,000 dollars to add and I have got some other projects down here that you can look at for adding things if you want. But, again, this was just to avoid having to come back to you with the final number and a tally that didn't work. I just wanted to make sure I had a spreadsheet ready to go. But, again, even with all the projects at the high amount, we would anticipate that there would be enough rebates and incentives to cover that. There is also the Idaho Power money and the green grant program that we could use to cover that and, as Pete pointed out, we could use the administration funds to cover that. So, you don't have to cut ones if you don't want to. I think we will find the money. But I just wanted to be able to move things around for you as you wanted. That's all. Zaremba: Mr. President? Meridian City Council December 15, 2009 Page 74 of 85 Rountree: David. Zaremba: I'm not seeing a difference between option one and option three. Am I missing something? Canning: I was going to say, they are not. I just put these up here, so that if you wanted to delete the retro commissioning of the police department -- Zaremba: That's option three that we fiddle with? Canning: Then, you now have 101,000 dollars. Yeah. That's the only reason it's? sitting there. Zaremba: Okay. Bird: Mr. President? Rountree: Mr. Bird. Bird: Pete, I see we got 9,200 in administration up on top and, then, we got 50 down below. So, we are actually getting 59 two for administration; is that right? Friedman: Pete. Council President Rountree, Madam Mayor, Council Member Bird, Council Members, in the terms of the grant we could take up to ten percent of the allocation for administration. Now, the 9,200 is already committed. At this point the 50,000 dollars is not. If the Council chooses that they would prefer to take that 50,000 dollars, move something else onto the list of projects, that's certainly something that could -- we could make happen. We just put that in there, because there is quite e there has been quite a bit of staff time that has gone into this and will continue to go into this. Bird: Mr. President, follow up? Rountree: Mr. Bird. Bird: And, Pete, I'm not disagreeing, because I think once she started you have got quite a few projects here. This is going to have to be bid out and you have got a lot of staff time in the finance department, as well as in each department as they go through with the bids and stuff, so I'm not -- I'm just saying the 59 two don't shock me at all. I like the option one, because I'm not scared of the 18 seven. I think we -- with the rebates we get back and stuff we are still overboard, we are still in the black. I could go for it. I think you picked fantastic projects that really will help. Rountree: Any other comments? My only comment is that I think that I would not have a problem moving that video conferencing project that's under other considerations up in there. By the time you -- and I'm not sure that it would be that much, but -- and I'm Meridian City Council December 15, 2009 Page 75 of 85 not so sure that I would specifically identify -- sorry, chief, but it had to be the fire department. I see that as a significant tool for all departments in terms of training. So, I would think that that would be administration and police and fire and planning and anybody else that's going to webinars or reach out to training programs that are on line. So --and safe a lot of trips. Friedman: Council President Rountree, Madam Mayor, Council Members, this one specifically is -- yeah, it's conferencing for the fire department, so it's getting the -- essentially, the hardware at the stations. Sixty thousand dollars is would Deputy Chief Niemeyer looked into, because he's been going through this. There is a way -- and, again, I'm kind of wandering off range in terms of my technical understandings of it, but in talking to IT it's still going to be highly dependant upon getting that fiber network set up and extended to each fire station, which has a price tag of about a hundred grand per station, as I understand it. Chief Niemeyer did indicate that in the interim they might be able to do some online use of that through conferencing but, you know, again, that's something we will have to pull IT into also. Rountree: Well, I would just keep that in mind. Don't wreck the budget by sticking it in there. But I think that that would be -- that would be something that we should look at. If this is an opportunity to provide it, then, you bet. Bird: If some of the bids come in low enough we could pick that up. Hoaglun: Mr. President, I think that's a good idea. That would be a worthy project. And, besides, I'm sure we are going to save a lot of that in overtime by them not having to travel. See my tongue in my cheek there on that one? Rountree: Well, for the fire department, you know, they are going to be on the job in their station, as opposed to having to come to headquarters or leave town or whatever. Did you have a comment, Ron? Anderson: Yeah. Mr. President, yeah. I don't know exactly what it would cost. We have been toying with this idea for a couple years now and talked with IT, but with the city's aggressive plan for training that they plan on doing through the HR department and through our development process of our employees there is a lot of training and so I think it has merit city wide, not just the fire department. One of the side benefits in the fire department is, again, keeping those companies in there respective first response areas, which, again, equates to better response times and all those kind of things, but one of the things that you may consider is to get a better handle on what it would cost, what's the best type of system is maybe do one facility, whether it's a fire department or another city department, just to get an idea of what a cost might be, so that in future years we would know a little better before we jump into it what that might cost. Rountree: Other comments? De Weerd: Mr. President? Meridian City Council December 15, 2009 Page 76 of 85 Rountree: Madam Mayor. De Weerd: I guess, you know, this -- this addresses the grant, but we also want to make sure we keep focused on the long-term strategies that we originally went through this exercise for. And so this might address the grant funds and how best to prioritize and spend those. But I hope we don't stop here, but we do want to, then, further prioritize the rest of this list that was given a lot of thought and input and how to start integrating those in longer term strategies and prioritizing those, so that, again, we do make some budgetary and part collaboration or message points to the strategies that we want to put in place. Friedman: Council President, Madam Mayor, Council Members, that's entirely true and, again, we will be back to you soon with that. It's just because°of our meeting schedules and our deadline with submittal to DOE that we wanted to focus on getting these projects prioritized and, then, it's our full intention to come back and work with you on the balance of this overall strategy and get it organized and prioritized and, then, fold it into both our Comprehensive Plan and, then, you can use that for your capital improvement program and your budgeting and so forth, so -- De Weerd: Thank you, Pete. I just wanted to make sure that they knew their work was not done. Friedman: No. Canning: Madam Mayor, that's on the next presentation, if we can all stay awake that long. Rountree: I'm going to call a minimum of a five minute recess. Canning: Okay. We still need a little direction on this. I'm not quite sure what to do, since we are overdrawn on our account there. Do you want us to do a demonstration project Iheard -- Rountree: I would do a video conferencing demonstration piece. Pick a number. Canning: Okay. Rountree: And go with option -- your option A, if you will. It's still under -- assuming we get the rebates and incentives. Friedman: Council President Rountree, Madam Mayor, Council Members, we also still have the money on hand, rather than -- you know, from the existing Idaho Power funds and as these other ones trickle back in we can replenish that. So, you know, if you're comfortable with that, even though we are overdrawn on the budget, we can still draw Meridian City Council December 15, 2009 Page 77 of 85 on that -- if it's the Council's pleasure, draw on the Idaho Power money that we have to make up for that until we replenish plen account. Rountree: I think everybody's in agreement with that. So, move forward that way. Friedman: Thank you very much. Rountree: Thank you. And, Anna, we are going to give you a five or so minute break. Or give me. Recess: (10:04 p.m. to 10:15 p.m.) 4. Planning Department Strategic Plan Discussion by: Anna Canning Rountree: Let's reconvene and our next item is Item 9-4, Planning Department. Anna. Canning: Thank you. President Rountree, Madam Mayor, Members of the Council, last January or February I provided Council with a list of projects I had proposed for fiscal year '09 and part one of this presentation is based on that list. I dug up that old Powerpoint presentation and it's resurfacing. So, I will go briefly go through the full list of projects I discussed last year and identify whether they were completed, partially completed, and pending projects. And I will also explain the process I used to develop that list and track progress. And, then, the second half of the presentation I will give you a summary list of the projects for this fiscal year and explain the process I used to develop the list and how I will get the projects done and that will include some of the tracking mechanisms. Now, with an intro like that it makes it sound like it's going to be really long, but I promise that it will not. So, part one, the past. On the completed projects from -- again, from that list I presented last year, we have developed standard operating procedures and flow charts for all our processes. We worked with Council and staff is now present at hearings. The idea was to have a little closer relationship between some of the associate staff in particular and they have been coming to your hearings. They like that. I hope that you're enjoying getting a more complete picture of their projects that they are here to present them, but they enjoy the interaction with Council. We have been working more with MDC, in particular we are attending their meetings and trying to follow their progress more. We have looked at what -- looked at our standards and ordinances, including a new sign ordinance that got passed last night and you will see another application just went to Planning and Zoning Commission last week, so it should get up to you soon. It's a lot of little clean-up things, but we are always working those ordinances. We implemented a new enforcement communication tool that's been in -- it's been in place for so long now I forget it's new for last year, but it is. So -- and that seems to be working well at keeping track of what their projects are and making sure everybody shares communication. We are more fully utilizing our online data base. Barb spends a significant portion of her day walking people through the data base and walking people through what is available on the web for our site and you can tell that there is a lot of -- people are pretty amazed at everything that's on there Meridian City Council December 15, 2009 Page 78 of 85 and they are making use of it. We have positioned the city for energy efficiency grants and as you might have noticed we have actually got the grant and now we are getting ready to spend it. For the partially completed projects we did want to use GIS more and in more departments. So, within our own department we have developed a layer of all entitlements, but we did not reach out to the other departments. I forgot to put it on the list that you will see later. I realized I missed it when I went back to develop this Powerpoint presentation. So, it is on the strategy plan for 2010, but I missed it last year. So, we are about 50 percent through that one. We restructured the comp plan around the strategic initiatives. We are about 40 percent through that one. We have tried to integrate the business districts into the plan and we wanted to add energy efficiency, economic development, infrastructure development, water conservation, rails with trails, and the 2010 census update to the comp plan. The reason that's only partially complete is the first thing we wanted to do was to kind of do an interim plan and just go through the old comp plan and take out everything that was not relevant anymore and kind of repackage it and make it an interim plan. Well, when we took it all out there wasn't enough left to really repackage it. So, we had to make it on multi-year project. We weren't able to do that in kind of interim steps. So, we are working on that now and you will see that in the -- my presentation of things to do for next year. We kind of got a start on the concept of integrating profitable agriculture into the urban fabric. We have got about 25 percent there. We have got a concept plan in 2D form. It's ready to move forward and possibly another specific plan. We were waiting on some of the economic development information to come through, but it's such a key component if we are going to structure around that urban agriculture or profitable agricultural. The other partial completed projects were new concise and clear conditions of approval. Those are, essentially, done, they are just waiting to be -- just need to be implemented. A big part of the slow down in implementation is just the lack of projects to apply them to, unfortunately, so -- another pending project is to work with the clerk's more on E filing. This is kind of pending the enterprise software purchase, so I just -- as I realized that it was really tied to that enterprise software I just kind of put it on hold. So, the process for this last year was I came up with the projects. I presented them to Council and, then, I went back to my office and I did an action plan for staff, so I added additional detail on the projects and some additional projects. I assigned dates and responsibilities and, then, I hung the list by the copier and crossed items off the list when they were done. So, this is what the list looked like and this is what it looked like when we were done. So, we completed 83 percent of the projects, which is good and considering we lost two staff along the way, I thought that was pretty good. So, I felt pretty good about it, but I feel like we will do a better job this year especially tied to how we are going to implement it and, again, I will get there very soon. I did want to pull this up for you one more time. This was the one that Bruce had in his presentation last month on the development services fund and I mentioned those two people we lost, you know, I know it was necessary, I'm not trying to complain or whine, it's just I think it really shows up in this photo -- or in this graph in that our cost savings significantly outweigh our shortfall in revenue. So, you know, I felt like we were good stewards of the public trust last year, we did what was necessary to cut back, and we still got a lot done and I'm proud of us for still getting a lot done last year. Now, moving on to the future. Meridian City Council December 15, 2009 Page 79 of 85 Zaremba: Mr. President? Rountree: David. Zaremba: If I can interrupt, I would add to that that your staff has been very helpful to other departments as well. I mean not only have you saved internally, but the services that you have been supplying to other departments is very much appreciated. Canning: Thank you. We have tried. Got a lot of money for Public Works and I don't see any donuts in my future yet, so I don't know what's up, but --okay. Moving on. The projects for this year -- is it fiscal year 2010 or '10? It sounds weird just fiscal year '10. But these are in alphabetical order, but let me tell you how we developed it. We sat down, we had a brainstorming session between Pete and Caleb and I. We looked at the strategic plan, looked to see if that sparked any other ones that we needed to add. I went back and I looked at the city wide performance accountability definition to see if there was ones that sparked projects that were necessary to get those going. Came up with this list. So, what is the continuing community block grant administration and also creating an SOP, so that if Matt's gone one day we know where we are going, we have had three administrators for the city thus far in as many years, so we need to clarify those and get those procedures written down. Again, implementing those code amendments for clarity and new provisions. Some of the ideas we are thinking about is crime prevention through environmental design. You will see a little bit of that in that code amendment that's coming forward. I promised that Council probably a couple years ago now to work on something for gated subdivisions. I guess it's time I sat down and figured that one out. Trying to get incentives for gaters to build a fiber backbone for the city. Pipeline safety. Helping the fire department take the lead on that one, but helping them get that through the process. And, then, semi permanent portable classroom. Implement the new comments I talked about earlier. Comprehensive Plan update and restructure that I talked about earlier would include the economic districts, the view districts, the CDBG into the plan more. Some design guideline fixes, which you will see soon. We just submitted those today. Water conservation and energy conservation. So, following on that energy efficiency conservation strategy and folding that into the Comprehensive Plan. Then I would also like to work on some strategies for the city's response to site selection visits, so that we have a more coordinated approach, well not more coordinated -- so, that we don't have to drop everything, really, is what it is and work on that, that we have some kind of pre-prepared material, so that we can pull that together a little more easily. Continuing on with the green grant program. That GIS strategy I mentioned before. The energy efficiency and block grant strategy, detailing that out. ACHD coordination and protocols. Caleb just met with ACHD and we had development services staff together, so that we could work on some of those protocols. New ACHD master drainage agreement. More transportation information on the website. Our rails with trails two, which the contract was signed last month and is moving forward this month. The ambassador program, which is the -- which is the Pete and Bruce visiting with some of our more influential and valued partners with the city, our development partners. Interactive flow charts for planning Meridian City Council December 15, 2009 Page 80 of 85 and clerk's. Again, that, hopefully, will be done soon. I think I actually got out of order. I mentioned the process that we brainstromed on the projects and, then, what I did was I did all of the access data base -- and I'm going to show off a little bit of that, but I promise to be quick. And, then, again, developed an action plan for staff, assigned dates and responsibilities. But the big difference is now I have incorporated it into their PADs. Those should be done by the end of the year. And we will review that implementation with staff at quarterly meetings. So, let's see if my link works here for the data base. So, this is the data base of all the items and the date that they were supposed to be done, who is taking the lead, where it falls in to the PAD, like what it -- what it relates to and I will show you my PAD in a second, so you can see what that -- but this references that. So, that if you go back and say, oh, this is what we did to meet this objective of the strategic plan. Any partners we have on the project. Who is providing support from the planning staff. And, then, this was just kind of a category group and whether it's in house or we need to reach out to folks. So, that's the data base. And, then, for accountability, again, this is -- this is my PAD, so you can see the numbing system over here, so economic excellence and strategic growth one. As you come over here -- come on. Anyway, my data base doesn't want to move back over. So, that kind of ties me back into the data base, so I know where these projects are. And, then, they will have the staff -- each have different ones assigned to them. You can see it here. And a date and who is the -- the other partners are on the project. That's it. So, one of the things that we have all been asked to do is kind of a dashboard of what's important for our departments and for us we are keeping track of our hours, because I think what -- what gets lost for us is the time we spend with folks. The time we spend on different projects. So, we are trying to keep track of different things. Our counter visits and our customer out reach. Our code amendments. Comp plan updates. Other projects in addition to our regular duties. So, for regular duties, my regular duties are largely administrative. Sonya's regular duties would be when she's working on her staff reports and things like that. So, those follow into a lot of the time, that's why I said that. But I think that sometimes we focus on the Planning Department just being development review and what I hope to discover or to show is that we spend a lot of time on these other things and that's a big part of what we do. Economic development is on there, as well as CDBG or the energy efficiency block grant program as well. And, then, we are just kind of keeping track by month of the hearing applications versus the admin applications and, then, I had a request into IT. I think I can find out how many phone calls come to the main line, but I didn't hear back from them in time for tonight. And, then, the last little thing we are doing is on our customer -- customers that come to the front counter, staff on their own wanted to kind of keep track of who was coming in, what were they are coming in for, when they come in, and how long did we spend with them. And I think the thing that shows up sometimes is that it may just be somebody walking in the door, but sometimes we spend an awful lot of time. So, that one was an hour and a half. You know a lot of times they are just five minutes, but sometimes they do get rather lengthy and so they are keeping track of that as well. And that is the end of my presentation. Rountree: Comments, questions for Anna? Meridian City Council December 15, 2009 Page 81 of 85 Bird: Mr. President? Rountree: Mr. Bird. Bird: Anna, I really like the presentation. You did a nice job. I also like keeping track of your hours and stuff spent on it, like you're doing, is a very good tool when it comes to setting our fees for applications and stuff. It gives us some kind of an idea of what the hours involved is and we have some backup for that. So, I commend you on that. Very nice. Canning: Thank you. Rountree: Comments? Good job. It's been a pleasure to work with you guys this past year and you're moving forward and doing some good things and starting to track some things that make sense and, then, you will probably, as you look at that some more, distill that down to a lot fewer things that you will be tracking. But until you start putting stuff on paper you don't really know what you have. So, that's a good approach. I have looked at your projects previously and I think you have got quite a full plate for the next year. Canning: And in all honesty I felt that way last year. I really tried to push staff on all those projects and Iwas -- that's why I was pleased that we got the number done that we did. It's -- it's a challenge to motivate folks that are usually motivated by the clerk's screaming at them, where is my staff report, to have internal deadlines instead and to try and get that stuff done. But I think we are -- they have had a year of it now and I think they are ready to step up and even do more, so -- Item 10: Ordinances A. Ordinance No. :Sign Code Revisions Rountree: Thank you. Next item. Ordinances. If we could have the sign code revision ordinance read by title only. Holman: Thank you, President Rountree. City of Meridian Ordinance No. 09-1436, an ordinance amending provisions of Title 11, Meridian City Code, relating to signs, regarding definitions, sign measurements, nonconforming signs, elimination, purpose, applicability, and process of sign regulations. Prohibited signs. Subdivision identification signs. Marketing signs. Construction signs. Business identification signs. Signs of limited duration. Vehicle signs. And providing for a waiver of the reading rules and providing an effective date. Rountree: All of you people out there in the audience have heard that read by title only. Is there anyone that wishes to have it read in total? Seeing none, I need a motion. Bird: Mr. President, I move we approve ordinance 09-1436 with suspension of rules. Meridian City Council December 15, 2009 Page 82 of 85 Zaremba: Second. Rountree: It's been moved and seconded to approve ordinance 09-1436. Roll call vote, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Rountree: And Kristi will be delighted. Canning: Yes, she will. Item 11: Other Items A. Executive Session as per Idaho Sate Code 67-2345 (1)(f) - To Consider and Advise its Legal Representatives in Pending Litigation (a) - (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to tilling a vacancy in an elective office): and (b) - (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student): Rountree: Again. Next item. Executive Session. Bird: °Mr. President? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67- 2345(1)(a),(1)(b) and (1)(fl. Hoaglun: Second. Rountree: It's been moved and seconded to go into Executive Session per the sections stated. Roll call vote, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (10:35 p.m. to 11:10 p.m.) Meridian City Council December 15, 2009 Page 83 of 85 Rountree: I don't believe we need a motion to do that. We are just out. Bird: We are out of it. Rountree: Yeah. Bird: And no decisions were made. Rountree: No decisions have been made. Motion to Amend the Agenda to add two items: Request for payment to Commercial Painting for a Contract with the City for $8,229.60 Authorize the Mayor to Notify Virtus of Ending of Contract with Virtus and the City of Meridian and to Give them a 30-Day Notice Bird: Mr. President? Rountree: Yes. Bird: I would move that we release $8,229.50 for payment to Commercial Painting. Hoaglun: Second. Rountree: It's been moved and seconded to release the final payment to Commercial Painting in the amount stated. Or it's not the final payment, but release a payment in the amount stated to Commercial Painting. Roll call. Nary: Mr. -- Mr. Rountree, before we go further, because of the change in the law, what you probably should do first is move to amend your agenda to add a request for payment by Commercial Painting for a contract with the city and, second, to amend your agenda in regards to your contract and, then, state your reasons on the record that it didn't exist prior to, because you were not aware of these requests until this point in your meeting, and, then, can you make your motion to approve. Bird: I pull my last motion, Mr. President. Hoaglun: I agree. Second agrees. Bird: Okay. I would -- Zaremba: Mr. President, I move we amend the agenda as suggested. Is that -- Nary: That's sufficient. Meridian City Council December 15, 2009 Page 84 of 85 Zaremba: It's on the record. Rountree: It's been moved. Do I have a second? Hoaglun: Second. Rountree: It's been moved and seconded to amend the agenda as stated. Is that -- Nary: Voice vote. Rountree: Voice? All those in favor? Unanimous. MOTION CARRIED: ALL AYES. Rountree: Now, Mr. Bird. Bird: Mr. President, I move that we release a payment to Commercial painting for the amount of $8,229.60. Hoaglun: Second. Rountree: It's been moved and seconded to release payment to Commercial Painting in the amount stated. Roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we authorize the Mayor to notify Virtus of the ending of the contract with Virtus and City of Meridian and give them 30 day notice. Rountree: Do I have a second? Hoaglun: Second. Rountree: It's been moved and seconded to give 30 day notice to Virtus in terminating the contract. Voice vote. Nary: Voice note is fine. Rountree: All those in favor? Opposed? Motion passes. Meridian City Council December 15, 2009 Page 85 of 85 MOTION CARRIED: ALL AYES. Rountree: Need one final motion. Hoaglun: Move to adjourn. Bird: Second. Rountree: All in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11:13 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR T ,oD,eERD DATE APPROVED ~,,~ :~ ~~~ ®%y,,, JA CE . HOLMAN, CITY CLERK s~~~ _ ~' ,~`~ \ ,,~~~ ~,®UNTY ~ ~~~~~~`.