HomeMy WebLinkAbout2010-07-13E IDIAN*,--
I DA
HO
CITY COUNCIL WORKSHOP
MEETING AGENDA
AMENDED AGENDA
Tuesday, July 13, 2010 at 6:00 PM
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. Adoption of the Agenda Adopted
4. Consent Agenda Approved
A. Artist Acceptance Agreement for Initial Point Gallery — Duncan
Grandin
B. Agreement for Independent Contractor Services with Star
Construction, LLC. for Thickened Waste Activated Sludge
(TWAS), Centrate, Sledge Piping Modification Construction for
a Not -To -Exceed Amount of $218,955.00
C. Modified Development Agreement for Approval: MDA 09-001
Ambercreek Subdivision No. 2
D. Development Agreement for Approval: RZ 08-006 Lanark
Property
E. Sewer Main Easement for Spurwing Greens Subdivision
F. Sewer and Water Main Easement with Truce, LLC. for The
Courtyards at Ten Mile Subdivision
G. Access Easement with Blackrock, LLC. for Well #28
H. Professional Services Agreement for Construction of Art
Display Cases for Initial Point Gallery with Gabriel Bishop for a
Not -to -Exceed Amount of $1,600.00
5. Items Moved From Consent Agenda
Meridian City Council Meeting Agenda — Tuesday, July 13, 2010 Page 1 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
6.
7.
8.
9.
10.
Community Items/Presentations
A. Chamber of Commerce vs. City of Meridian Softball Game
Challenge Heard after Item 8A
Action Items
A. Public Hearing: VAC 10-004 Gramercy Subdivision No. 1 by
Gramercy, LLC Located Southside of Overland Road, East of
Wells Avenue: Request for Vacation of the 20 x 20 Foot Public
Domestic Water and Sewer Easement Platted on Lots 1 and 2,
Block 2 Approved
Department Reports
A. Mayor's Department: Association of Idaho Cities (AIC) Award
Recognition
B. Public Works: Strategic Plan Presentation
C. Planning Department: Transportation Overview - Presentation
by City Staff on Recent Transportation Projects, Studies and
Plans - Including a Review of the Draft State Transportation
Improvement Program (STIP)
D. Legal Department: Discussion on Board of Adjustment
E. Legal Department: Discussion on Solid Waste Advisory
Commission
F. Police Department: Discussion on Byrne Grant Regarding
Police Training Equipment Heard after Item 8C
G. Police Department: Updated Draft of Outdoor Sales and
Temporary Uses Ordinance
Ordinances
A. Ordinance No. 10-1451: RZ 08-006 Lanark Property
Annexation Approved
Other Items
A. Executive Session Per Idaho State Code 67-2345(1)(f) — To
Consider and Advise its Legal Representatives in Pending
Litigation Amended onto the Agenda (c) — To Conduct
Meridian City Council Meeting Agenda — Tuesday, July 13, 2010 Page 2 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Deliberations Concerning Labor Negotiations or to Acquire an
Interest in Real Property, Which is Not Owned by a Public
Agency Into Executive Session after Item 8F at 8:43 p.m. Out
of Executive Session at I o , %-1 -p,,,,.
Adjourned at 10:42 p.m.
Meridian City Council Meeting Agenda — Tuesday, July 13, 2010 Page 3 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
E IDIAN*--
IDAHO
CITY COUNCIL WORKSHOP
MEETING AGENDA
Tuesday, July 13, 2010 at 6:00 PM & 03 P - rn
Roll -Call Attendance
David Zaremba Brad Hoaglun
✓ Charlie Rountree —� Keith Bird
"Mayor Tammy de Weerd
2. Pledge of Allegiance 5 N-6
-----3. Adoption of the Agenda za
We
t/ 4. Consent Agenda
A. Artist Acceptance Agreement for Initial Point Gallery — Duncan
Grandin
B. Agreement for Independent Contractor Services with Star
Construction, LLC. for Thickened Waste Activated Sludge
(TWAS), Centrate, Sludge Piping Modification Construction for
a Not -To -Exceed Amount of $218,955.00
C. Modified Development Agreement for Approval: MDA 09-001
Ambercreek Subdivision No. 2
D. Development Agreement for Approval: RZ 08-006 Lanark
Property
E. Sewer Main Easement for Spurwing Greens Subdivision
F. Sewer and Water Main Easement with Truce, LLC. for The
Courtyards at Ten Mile Subdivision
G. Access Easement with Blackrock, LLC. for Well #28
Meridian City Council Meeting Agenda — Tuesday, July 13, 2010 Page 1 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
H. Professional Services Agreement for Construction of Art
Display Cases for Initial Point Gallery with Gabriel Bishop for a
Not -to -Exceed Amount of $1,600.00
5. Items Moved From Consent Agenda
6. Action Items
A.
Public Hearing: VAC 10-004 Gramercy Subdivision No. 1 by
Gramercy, LLC Located Southside of Overland Road, East of
Wells Avenue: Request for Vacation of the 20 x 20 Foot Public
Domestic Water and Sewer Easement Platted on Lots 1 and 2,
Block 2 -6;t[ Plnao,--A iq
Department Reports
Mayor's Department: Association of Idaho Cities (AIC) Award
Recogniti n
C�t&ie SAAa - z/-),
Public Works: Strate i
_ g c Plan Presentation
aL-n.�'``�, �'!?.c,rc 1e.,..�...��... ':cam, �r
Planning Department: Transportation Overview - Presentation
by City Staff on Recent Transportation Projects, Studies and
Plans - Including a Review of the Draft State Transportation
•11y�„ Improvement Program (STIP) Ca.16.b A4m-rn( f -77 Ccc..r�s
D. Legal Department: Discussion on Board of Adjustment ?)% �(
E. Legal Department: Discussion on Solid Waste Advisory
Commission v►lk N0-9'
F. Police Department: Discussion on Byrne Grant Regarding
Police Training E uipment je '
� �i-
G. Police Department: Updated Draft of Outdoor Sales and
Temporary Uses Ordinance x;11
8. Ordinances
A. Ordinance No. Proposed # 10-1451: RZ 08-006 Lanark
Property Annexation $ Y
9. Other Items
(Next P e)
Meridian City Council Meeting Agenda — Tuesday, July 13, 2010 Page 2 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
A. Executive Session Per Idaho State Code 67-2345(1)(fl — To
Consider and Advise its Legal Representatives i Pending
Litigation
Please Amend onto the Agenda When Adopting:
Executive Session per Idaho State Code 67-2345(1)(c) — To Conduct
Deliberations Concerning Labor Negotiations or to Acquire an
Interest in Real Property, Which is Not Owned by a Public Agency
Meridian City Council Meeting Agenda — Tuesday, July 13, 2010 Page 3 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian Citv Council Workshop Meeting July 13, 2010
A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, July
13, 2010, by Mayor Tammy De Weerd.
Members Present: Mayor Tammy De Weerd, President David Zaremba, Keith Bird,
Brad Hoaglun, and Charlie Rountree.
Others Present: Bill Nary, Jaycee Holman, Bill Parson, Jeff Lavey, Joe Silva, Tom
Barry, Clint Dolsby, Caleb Hood, Steve Siddoway, Mike De St. Germain and Dean
Willis.
Item 1: Roll -call Attendance:
Roll call.
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy De Weerd
De Weerd: Okay. I will go ahead and call this meeting to order. I need a gavel. Thank
you all for joining us here this evening. For the record, it is Tuesday, July 13th, at 6:00
o'clock. We will start the meeting with roll call attendance.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is our pledge and I would like to welcome two of our Boy Scout
troops that are here with us tonight. We have Troop 145, leaders Duran Huffaker and
Daren Murphy, they are with the LDS Peregrine Ward. Thank you for being here this
evening, boys. And also we have Troop 5 and Aaron Smith is going to lead us in the
pledge. If you will all rise and join us in the pledge.
(Pledge of Allegiance recited.)
De Weerd: Aaron, I would like to offer you a City of Meridian pin for leading us in the
pledge this evening. Thank you for being here.
Item 3: Adoption of the Agenda
De Weerd: Item No. 3 is the adoption of the agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: A couple items to add onto the agenda. Under Item 8-A, ordinances, that
ordinance number is 10-1451. And under Item 9-A, the Executive Session, we already
Meridian City Council Workshop
July 13, 2010
Page 2 of 59
have 67-2345(1)(f), which is considered -- it's legal representatives in pending litigation.
We also want to add 67-2345(1)(c), which is to conduct deliberations concerning labor
negotiations or acquire interest in real property, which is not owned by a public agency.
So, with those additions, Madam Mayor, I move adoption of the agenda.
Zaremba: Second.
De Weerd: I have a motion and a second to adopt the agenda as amended. All those
in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 4: Consent Agenda
A. Artist Acceptance Agreement for Initial Point Gallery — Duncan
Grandin
B. Agreement for Independent Contractor Services with Star
Construction, LLC. for Thickened Waste Activated Sludge
(TWAS), Centrate, Sledge Piping Modification Construction for
a Not -To -Exceed Amount of $218,955.00
C. Modified Development Agreement for Approval: MDA 09-001
Ambercreek Subdivision No. 2
D. Development Agreement for Approval: RZ 08-006 Lanark
Property
E. Sewer Main Easement for Spurwing Greens Subdivision
F. Sewer and Water Main Easement with Truce, LLC. for The
Courtyards at Ten Mile Subdivision
G. Access Easement with Blackrock, LLC. for Well #28
H. Professional Services Agreement for Construction of Art
Display Cases for Initial Point Gallery with Gabriel Bishop for a
Not -to -Exceed Amount of $1,600.00
De Weerd: Item No. 4 is our Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Meridian City Council Workshop
July 13, 2010
Page 3 of 59
Hoaglun: There were no changes on the Consent Agenda, so I move the Consent
Agenda be approved, with the Mayor to sign and the Clerk to attest.
Zaremba: Second.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Madam
Clerk, will you, please, call roll.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Items Moved From Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 7: Action Items
A. Public Hearing: VAC 10-004 Gramercy Subdivision No. 1 by
Gramercy, LLC Located Southside of Overland Road, East of
Wells Avenue: Request for Vacation of the 20 x 20 Foot Public
Domestic Water and Sewer Easement Platted on Lots 1 and 2,
Block 2
De Weerd: So, we will move to Item 6-A, which is a public hearing on VAC 10-004 and
I will open the public hearing with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. The application before
you is for vacation of three 400 square foot public utility easements platted with the
Gramercy Subdivision No. 1. The vicinity and zoning map are before you. Those are
the affected lots in which the easements lie on. The easements that are highlighted
with the red circles or ovals are the easements that are proposed to be vacated before
you this evening. Currently there are city services in those easements. Public Works
has requested that those be -- once the easement is vacated that those service lines be
removed from those easements. The purple square that you see south of the easement
there is where an existing service line is also platted on the property. Broadview
University is proposed for that site and a CZC has been issued for the construction of
that university and services to that facility will be provided from that easement. Staff did
not receive any written comments on the application. To staffs knowledge Public
Works is okay with the vacation of the easement and I'd stand for any questions you
may have.
Meridian City Council Workshop
July 13, 2010
Page 4 of 59
De Weerd: Thank you. Council, any questions?
Bird: I have none.
De Weerd: Okay. Is a representative here? Care to make any comment? Okay.
Thank you. Council, are there any questions for the applicant?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I have a question for Public Works.
De Weerd: Okay.
Rountree: Just a confirmation that you're comfortable with these.
Dolsby: Madam Mayor and Councilman Rountree, yes, we are comfortable with the
easements as stated.
De Weerd: Thank you. This is a public hearing. Is there any member of the public who
would like to provide testimony on this application? Seeing none, Council, any further
information needed? If not, I would entertain a motion to close.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we close Item 6-A, VAC 10-004.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 6-A. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the Item 6-A, request for vacation, 10-004,
Gramercy Subdivision No. 1.
Bird: Second.
Meridian City Council Workshop
July 13, 2010
Page 5 of 59
De Weerd: I have a motion and a second to approve Item 6-A. If there is no
discussion, Madam Clerk, roll call, please.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 8: Department Reports
A. Mayor's Department: Association of Idaho Cities (AIC) Award
Recognition
De Weerd: Item 7-A, under Department Reports, I will first talk about the Association of
Idaho Cities city achievement awards. I thought it was important to know what this
program is and what some of the criteria are. We did submit six programs for
consideration to receive these awards and their criteria is to consider programs or
projects that improve the quality of life, solve community problems, reduce costs of
government, increase municipal services with minimal additional dollar outlay, and with
that criteria in mind -- okay. He will have to wait. And the Chamber will have to wait
until these awards are presented. So, I will move to the podium and, then, talk about
each of the programs. We received three city achievement awards and three
certificates of recognition and we thought it very appropriate to present this at a City
Council meeting, so we could amply recognize and appreciate the staff, who make
these recognitions possible, and this is kind of on the heels of two weeks of
announcement of achievement for our community. Certainly not just for the city, but for
our community as a whole. Last week we heard that Meridian was recognized as one
of the top ten in the nation by Family Circle for best places for families and, then, just
this week we learned from CNN Money Magazine that we were number 62 out of 100
best places to live. So, it's these kind of recognitions -- and I'm glad the Chamber is
here with us tonight. Our community partners and our city employees are outstanding
and, you know, it's not all about the awards, but maybe it's validation to our citizens that
add to our employees that we are providing the services that our citizens desire and
should be demanding from us and it's really nice to get these kind of accolades to
validate that we are, indeed, doing things that should be expected of us and we are
doing it in a quality manner. So, thank you for being here to our city staff and our
community partners and with that I will move down to the podium. So, Council, I'm
turning my back to you. It's not any disregard. But tonight is about our employees and
their achievements on the city, the elected officials and our citizens behalf. And so as I
explain each of these programs I would ask the employees that had something to do
with them to come forward as I describe each of these programs. So, first one I'd like to
explain is our electronic plan submittal program. So, Bruce, if you and your team will
come forward. This was implemented January 1st, 2009, in an effort to streamline both
internal and external processes and reduce costs to our customers, designers, and
other applicants, while providing faster permit issuance times and providing for long-
Meridian City Council Workshop
July 13, 2010
Page 6 of 59
term archiving with quick access to information. It includes comprehensive residential,
commercial, tenant improvements, fire systems, scope change and deferred submittals.
Time to issue a permit has decreased. Routing of hard copy plans was effectively
eliminated. Customers prepare and transport fewer plan sets. Cost was significantly
reduced for the customer. Resubmittal or deferral submittal is simple and we receive
pdf files by e-mail as well. This received one of our city achievement awards and it is
with great honor to pass this recognition on to those that deserve it and, hopefully, you
will display this proudly in your department and would invite you to say anything if you
have anything you would like to share.
Freckleton: Well, thank you, Mayor. I guess what I'd like to do is pass out credit where
credit is due and for me the credit begins with you and our leadership and, you know,
we have always been encouraged to think outside the box and think for better ways of
doing our jobs. This program was born out of one such discussion that Brent and I had
one day in our -- sitting in my office and it was a challenge that we were trying to find a
low tech solution to what we saw as a big problem with the amount of plans and
paperwork that were accumulating and the need for archiving and quick retrieval and so
it was kind of a challenge that I issued to Brent and other staff members and they rose
to the occasion and we put together this program. So, just big thanks to him and all of
our staff and you and Council.
De Weerd: Well, congratulations.
Freckleton: Thank you.
De Weerd: Okay. The next program is incident tracking system and so who is here?
IT? The police and IT departments -- I guess, lieutenant, if you would like to come up
here as well, I would like both of the departments represented. I know that it came
primarily out of IT, but they met a need. They developed a computer application that
streamlines police reporting, so reports can be processed and analyzed quickly and
simply. It replaced an antiquated report system that crashed frequently. Different
divisions in the police department were using different computer systems that were not
compatible in all respects. Information was shared among divisions was not automated
and the IT staff designed a system that automates and integrates multiple computer
systems, eliminates duplicate entry, and provides officers and detectives with a single
tool to look up data and record case information. It costs approximately 2,000 dollars in
software development tools and approximately 35,000 in staff time. To purchase a
similar system for our size of agency it would have cost upwards of 250,000 dollars.
So, a significant savings to our city, to our departments to make it feasible, and as I
understand it, it was quite the hit at the IAC conference with quite a number of
communities asking questions and had a desire to see and hear more about it. So, our
congratulations to you. Our sincere thanks and I would love it if you would take this
back to the IT department and hang it proudly on the wall and accept our
congratulations for a job well done.
Meridian City Council Workshop
July 13, 2010
Page 7 of 59
de St. Germain: I want to tell you that Mike did such a fantastic job on this and cops do
not like new technology, but he did such a good job and I would just -- we are just happy
as heck that he did this program, because it makes it ten times easier for us to run,
believe me. So, thanks, Mike.
De Weerd: You know, Mike probably doesn't have too many words he would like to
share, but considerable hours and talent were spent on this system and software
development and we appreciate that. The rest of us appreciate it, too, Mike, because
now we knew our projects moves up on the list and -- it's always about us, you know.
But thank you for being here. Settlers Village Square phase one is the next one. So,
think, Max. Steve. This is the newest edition to Meridian Settlers Park. It includes two
picnic shelters, 16 tournament style horseshoe courts, two tennis courts, and a walking
path. The tennis courts are used for summer tennis lessons and for unscheduled public
use. The picnic shelters can accommodate groups of up to 50 to 100 people
respectively. Sixteen court horseshoe complex was designed with the help of Treasure
Valley Horseshoe Club to meet national standards, which features synthetic turf
runways, concrete walkways around each pit, a hand washing station, and I think it was
one of those rare times that Steve and I were found speechless. One of the citizens at
the ground breaking -- or the ribbon cutting for this facility came up to us and he said I
just want you to know that this park has something for everyone and it makes it so I do
not mind paying my city taxes at all. What better endorsement can you get than that? It
has already been the host of several local and regional horseshoe tournaments. I can
say that our tennis courts are constantly in use and in play and it's great to see that this
phase, as well as the rest of the park, is constantly something in use and had another
comment in front of all of the attendees at a class that I'm taking this week for the
Northwest Community Development Institute, which was a referee this weekend at the
baseball -- or softball tournament and he just found it incredible the amount of people
that use it for the amount of varied activities that go on in that park. So, it is, indeed, a
community asset and certainly one that we are very proud of. So, it is with great honor
that I pass this onto those deserving of the award. We just accommodate them. We
want to pass them to those that deserve them and give you our gratitude.
Siddoway: Well, there is some that couldn't be here tonight that I want to pass along
thanks as well. You know, I -- I was starting as director when the plans were finishing
up and I want to acknowledge Elroy Huff as the park superintendent, and The Land
Group as the design team who just did a fantastic design for this area. Max, I want to
thank you as the construction manager, for bringing it in on time and in budget and
that's always -- always nice.
De Weerd: I think Council appreciates that, too.
Siddoway: And as was mentioned, Don Titcomb with the Treasure Valley Horseshoe
Club, as well as the Treasure Valley Tennis Association, helped to give us design input
in the process, so that they would be successful from day one and they have been and
thank you very much. It is tremendous the amount of use that they are getting and we
look forward to the next phase.
Meridian City Council Workshop
July 13, 2010
Page 8 of 59
De Weerd: Thank you. We also have the city achievement awards that I'd like to read
and I see that there are some representatives here. So, I'd first like to do the
prescription drug drop-off program and, frankly, I don't understand why this one didn't
get an award, because people -- other communities are already copying what we have
done and we were the first Idaho municipality to employ a permanent program to
dispose of unwanted or unused prescription drugs and this is a great collaboration
between the police department and our wastewater treatment facility and finding
solutions to where to -- where these prescription drugs were to go. A lot of people think
that you need to flush it down your toilet and that's the last thing we want to have
happen. But no one understood where you, then, bring it and this provides a healthy
and safe drug free atmosphere to -- to bring your prescription drop-off drugs and I hope
that Lieutenant Overton will provide you some information based on the quantity of
these prescription drugs that we are receiving. It's been I think successful beyond any
of our imagination. Oh, I have it I guess here and maybe you can update it. Over 600
pounds of unused and outdated prescription drugs have been disposed of safely and
responsibly, meanwhile, keeping them out of the hands of kids who like to get into
sometimes these that are having pharm parties and these pharm parties are just
pouring them in a bowl and just grabbing handfuls and washing them down with alcohol.
It is so frightening to think that some of this is happening in our community and others,
but our police department has found a safe way to dispose of these and we really
appreciate the leadership that they took and would ask Lieutenant Overton to come up
and accept this award.
Overton: She stole most of my information. We started this out of frustration, because
we sat around waiting for the state and the federal government to come up with a plan
and that's still not happening. We decided the best way sometimes is a home grown
plan we started, other cities are now copying it, other communities across the state, as
the state builds up steam and the federal government builds up steam to develop a
plan. As the mayor said, it's two prong. One is cooperation with Public Works to keep
all these out of the wastewater system, but, honestly, from a police perspective, we did
this to keep these drugs out of the hands of youth and young adults. The fact that we
could take care of two problems at once was truly amazing. The day we took 68 boxes
of prescription drugs in a caravan with multiple vehicles at Idaho State Police and other
communities to Logan, Utah, to the incinerator was an amazing sight. We literally
loaded up truck after truck after truck with all these prescription drugs. Every month it
seems like there is more and more. The incinerator at Logan, Utah, has a law
enforcement Wednesday and we competed -- had to get there early. We left here at
4:00 o'clock in the morning, because we had to compete with Las Vegas metro and Los
Angeles and everybody else getting rid of all their drugs as well. So, it's a growing
issue. I'd like to see us build an incinerator in Idaho and all I can say is we are going to
get busier. We collected four boxes today. So, we are getting more successful, not
less. Keeps going. Great partnership with Public Works. Thank you, Mayor.
De Weerd: Thank you. We also have our Meridian Cares program. Is there anyone --
oh, there is Karie. If Karie will come forward. This is also a creative and unique
Meridian City Council Workshop
July 13, 2010
Page 9 of 59
program that was established with recommendation from Karie and her staff in the
Finance Department and approved by City Council to provide financial assistance for
water, sewer, and trash bill customers. Currently we provide assistance for customers'
accounts upon meeting established eligibility requirements. Customers seeking
assistance schedule and hold an in-person eligibility meeting with EI Ada, an outside
agency that determines if they are eligible for this assistance program. If approved
payment is, then, added to their account once for the calendar year. Customers may
seek additional assistance in future years and will need to meet eligibility requirements
again. It's -- it's been something that has helped many of our citizens in pretty dire need
and we have seen it as a success and we appreciate the proactive approach from you
and your staff. So, thank you, Karie.
Glenn: I wanted to say thank you to the Mayor and Council for allowing us to have this
program, because of its financial impact not only to the city's budget, but to the
community as a whole. Last year we were able to serve 40 households. This year the
number has increased to 76. It's still on the lower side of what I would have expected,
but we have got a lot more room to grow. And I definitely want one of those plaques, so
I have got a lot of work to do.
De Weerd: Very good. Thank you. And the last one is our child passenger seat safety
program. Joe. The state law requires children under the age of seven to ride in a child
passenger seat while a passenger -- while being a passenger in a motor vehicle.
Appointments for local inspections were hard to come by as there are limited amount of
local agencies providing required inspections. The Meridian fire department saw a need
and started our child passenger safety seat inspector program -- try saying that many
times. They partnered with Safe Kids Treasure Valley to get certified car seat
technician classes held in our fire stations, with our firefighters, to get reduced price
seats for our residents who could not afford a child passenger seat. Department hosts
monthly car seat events at the Meridian fire stations to allow inspections to be done
close to participants' homes. Also they perform inspections on appointment basis and
are able to provide many inspections during the evening hours, making it more
convenient for our working families. We, again, appreciate all of these programs and
am honored to present this award to our fire department and thank you for your
proactive outreach and collaboration.
Silva: Thank you very much, Mayor. On behalf of the Meridian Fire Department and
our firefighter paramedics and our public educator, we are very proud to accept this.
One of the things that's not on your script, Mayor, is that when car seats work as
intended -- my wife, when my son was three years old, had a roll-over accident and my
son, fortunately, was in a car seat and had -- we had a good outcome. So, you know,
just sharing that -- that perspective I think is really important and, actually, I give an intro
kind of little thing when we do our car seat safety technician training for hosting other
agencies within the valley and so it sometimes leads to very good outcomes and that's
what we work for.
De Weerd: Thank you for sharing that.
Meridian City Council Workshop
July 13, 2010
Page 10 of 59
Silva: Thank you very much.
De Weerd: You know -- and, again, I guess I would like to preface that I think that these
and many other things that happen in our community are why we receive the
recognition that we have been honored to have received over the last week. So, thank
you for contributions to our city staff that you make to make this a premier place to live,
work, and raise a family.
Zaremba: While the Mayor is returning to the dais, I would like to add to her comments.
The award and recognitions become part of the program of the annual convention of the
Association of Idaho Cities, so you all are being recognized around the state; it's
recorded and known what you are doing for our citizens throughout the state. I also,
while I was there, took the opportunity to look through their program and to see how
special Meridian is. These six awards and recognitions -- the next nearest was two
given to Moscow. So, we are very special.
Item 6: Community Items/Presentations
A. Chamber of Commerce vs. City of Meridian Softball Game
Challenge
De Weerd: Yes, indeed. Thank you. Now, I guess I would invite Clint Shiflet with the
Meridian Chamber of Commerce to come forward and offer his challenge up.
Shiflet: Thank you, Mayor, City Councilmen. On behalf of the Meridian Chamber of
Commerce I would like to come and formally issue a challenge for a softball game to be
held Thursday, July 22nd, 6:45 p.m., Storey Park. I understand Councilman Homer
Hoaglun will be there and will be -- will be showing his prowess and I would also like to
invite Mr. Luke Cavener, aka Travis Cavalier, to, please, come forward. We have a
trophy here to present to Luke to hold for the next week, because after we win he will
have to give it back and we wanted you to have some opportunity to -- so, hold this for a
week and take good care of it until we win it back on Thursday. This is a tradition that
we are bringing back. The last game was 1995. It was a whiffle ball game, which the
Chamber won and so we have held this trophy for the last 15 years and if you count
them up you will see that the Chamber had won the majority of the games also at that
time. So, just wanted to make sure you're aware of that and we look forward to seeing
you on the field.
De Weerd: Well, after next week you will see why you held it 15 years, because you will
never get it back.
Shiflet: Okay. And I would invite a representative from the city to join us at the
Chamber luncheon on Tuesday to accept the challenge in front of the Chamber
membership.
Meridian City Council Workshop
July 13, 2010
Page 11 of 59
De Weerd: Very good. Well, thank you being here, Clint. Council, I know we only have
one that is actually daring enough to set foot on the baseball field, but can always use
cheerleaders.
Zaremba: I won't be playing, but I plan to cheer.
De Weerd: Okay.
Shiflet: Good. Good. We hope to see you all there.
De Weerd: Thank you. Luke, do we have any members in our audience in our city staff
that are going to be joining you?
Cavener: Madam Mayor, Members of the Council, there is actually many members of
our team that are here tonight. I'd also like to thank Councilman Bird for graciously
sponsoring our team to make sure that we have fantastic shirts to showcase the city as
we trounce over the Meridian Chamber next week and we invite all of our members of
Council that were here in the audience, all of our directors, to come and cheer on the
city next week.
De Weerd: So, do we have a team name?
Cavener: We have been playing with the City Sluggers. The Meridian Chamber known
as the Chamber Chumps. Is that correct, Chamber Chumps?
Shiflet: It's close. Close. Champs.
Cavener: Chumps. We are very excited for the game next week.
De Weerd: Very good.
Shiflet: Thank you very much.
B. Public Works: Strategic Plan Presentation
De Weerd: Thank you for being here. So, good healthy competition between our city
and our business community. It should be good fun. Okay. Item 6-13 is our Public
Works Department strategic plan presentation. I will turn this over to Mr. Barry.
Barry: Good evening, Madam Mayor, Members of the City Council. In an evening filled
with significant accomplishment, I'm lucky and proud to be able to continue that trend in
my presentation tonight, as tonight marks a major milestone for us in the Public Works
Department and I'm very pleased to present to you our five year strategic plan, a
document that has taken significant time and resources, but has been well worth it in its
overall outcome. I want to remind those in the audience who may not have been part of
the history of Meridian, that our community has seen outstanding growth in the last 20
Meridian City Council Workshop
July 13, 2010
Page 12 of 59
years and the Council is well familiar that our population has grown from around 11,000
folks in 1990 to well over arguably 70,000 currently and with that growth has come
enormous growth in our Public Works Department. Today we serve a larger population
and have found ourselves in a -- at a point in time where we need to be thinking more
strategically about the things that we do in our department in insuring that under these
economic conditions and growth pressures, although subdued somewhat recently, that
we put in place strategies that allow us to continue to prosper as a community and
certainly as a department. So, I'm pleased tonight to share with you our plan for the
next five years and to give some background to the community, as well as the Council,
in how we came to develop this plan. Just a quick reminder. The Public Works
Department comprised of eight divisions and 14 different sections with a total FTE count
at about 90.5 FTEs. You will be hearing very briefly from each of the division managers
as they present an overview of their specific strategic objectives and allow you an
opportunity to ask them any questions that you might have about them. Our strategic
leadership team is a team that was assembled over two years ago and it's comprised of
many of the staff that are in the audience this evening, who appear on the list, and I
won't introduce them individually, that will take some time, and you will see them -- most
them come up in any event as part of the presentation. But I do want to say that
although these are the people in our department pushing the envelope, it is their staff
that help push them and it is the staff of the Public Works Department across the whole
department that have really risen up to the challenge of helping us to think and plan
strategically in the way we want to move forward the overall progress of our department.
I want to talk briefly about the importance of strategic planning. You know, it is one of
the probably arguably the most important aspect of any leader in any organization,
because it serves as a road map for success. Specifically it helps us to define the
results that we want to achieve by identification of those results and, then, by
establishment of specific strategies, tactics, or otherwise outcomes that will help us to
achieve those results, the vision if you will. And it also is important that measurements
are developed in the development of a strategic plan that helps you to realize whether
or not you are achieving the goals you have set for yourself. Importantly as the focus of
not only our fiscal, but personnel resources and the communication of those resources
with the community and certainly the City Council. We want to insure that we have
identified appropriately the most important priorities for our department over the next
five years that will lead us closer to the fulfillment of our overall vision for the
organization and we want to communicate those intentions to the community, as well as
the Council, to insure that our short terms goals and objectives are met throughout the
process. There has been a lot of work done in preparation of this strategic plan. Some
of that work was more than two years ago and not directly related to the development of
the strategic plan, but had everything to do with positioning us as a department to begin
the important work of developing a strategic plan. One of the first things that we did
back in January through March or so of 2008 was to put together a SWOT analysis,
which stands for Strength and Weaknesses and Opportunities and Threats. As an
organization it's good to understand what you're good at and what you're not good at
and what are externally the opportunities available to you, as well as the threats, which
may impacted your overall organization. We charted a strategic leadership team, who I
have introduced in name earlier. We, then, as a strategic leadership team have taken
Meridian City Council Workshop
July 13, 2010
Page 13 of 59
the information from the SWOT analysis, developed a departmental mission and vision
statement. Now, we already had a vision and mission statement, but we refined those
vision and mission statements and those have been presented several times to you as
a Council in the past. We also, as you are well familiar with, we modified our
organizational structure to realign our personnel resources with the needs that we have
as a department and that kind of an activity had not been done for some time. From
that the strategic leadership team, with the right personnel resources in the right place,
began the important work of trying to identify the tasks and timelines that would be
associated with moving our department one step closer in a five year chunk to the
realization of the vision that we developed as a -- as a department. That kind of a
process looks like this and I have shared this with you before, so I won't spend much
time on it, but we took information from both the City Council, also our budget priorities
and initiatives, citywide vision and mission, and our departmental mission and vision to
conduct resource reallocation. From that we optimized our resources and from that we
developed strategic initiatives, which ultimately led to the development of this
departmental strategic plan. And in a few minutes near the end of our presentation I will
walk you through the remainder of the -- of the chart here. The document itself and the
development of the plan and the entire process was collaborative and inclusive
department -wide. We wanted to make sure that we gave an opportunity for every
manager and every person in the department to have at least an opportunity to make
comment, provide input, provide corrections, improvements, or whatnot. And many of
those staff rose right up, embraced and engaged the process and helped strengthen the
document by providing such comments. Our management was good about trying to
engage the staff and encourage this kind of empowerment with our staff, because we all
know that it is our staff who ultimately make us as leaders successful. So, we had staff
at every level that were provided this opportunity and we are grateful for that, because
we know that it has strengthened the overall document. I want to talk briefly about the
plan, then. The plan includes our mission statement, which I won't read, you're very
familiar with. It also includes our vision statement. As a reminder to all of our staff and
our community about what it is that we are as a department. What is our function and
what is our overall vision for the department. Our vision statement, as you are well
familiar with, touches on every aspect of the Public Works Department and functional
areas and that was critical to our staff. Everyone wanted a role in helping to move the
organization forward. As you are well familiar, our management approach includes a lot
of new kinds of thinking for us. Not necessarily new to the business world, but certainly
new to us and we used this kind of information, data collection, and overall
management approach to approach problems scientifically, instead of with our guts and
this allows us flexibility in our decision making processes, it helps us to identify causes
of problems, instead of incessantly treating symptoms. It provides us a greater
understanding of our systems and processes, helps us to predict those systems and
processes and allows us, for that very reason, to take appropriate actions that are
meaningful, responsible, and make sense in moving our organization forward. We have
also included the CARE values, because we know that the care values are the values of
the city and we adopt those and embrace those wholeheartedly. Every employee
knows in the department that they are to work with these values of customer service,
accountability, respect, and excellence in everything they do and so we want it to be
Meridian City Council Workshop
July 13, 2010
Page 14 of 59
included in our strategic plan as well. Now, our strategic plan, as you may know, was
developed by Public Works Department staff for Public Works Department staff and we
are very, very proud of that. Who knows better what we should be doing as an
organization than the staff who work each and every day in the trenches and I think
that's a testament to the skill and the talent of our staff and I'm grateful for their ability
and for their skills and talents in helping us to bring this plan to fruition. The plan
includes 75 strategic objectives. It's a 56 page document. We weren't going for large
numbers, but that's just how it ended up. We have eight contributing divisions. Our
time horizon is five years as a chunk towards the attainment of our overall vision and
what's very important about this document is that every single strategic objective is
linked to one of -- or more than one, the Council priority or focal areas. We took that
very seriously. If the City Council had not identified what -- what these priorities were
and we could not, therefore, engage the activities of the department in alignment with
those, then, we did not undertake that kind of a work and I will come back to that in just
a moment. I wanted to touch briefly on the overall interpretation of the plan. This is
actually in the document. The document, as you know, you received on July 1st in your
mailboxes, so I won't go through each of these independently, but we do use several
terms that we have defined to help aid in the understanding of the way the plan should
be interpreted and applied. One of the things that's critical in our -- in our overall
strategic plan is the establishment of performance measures, because we know a plan
is only as good as what's been written down and so if we don't write it down and we
don't develop performance targets for ourself, how do we know that we have achieved
those performance targets. So, this goes, again, back into data collection and the use
of that data to interpret and understand better systems and processes and, more
importantly, overall outcomes for our department. The completion dates, Council focus
areas, a cost range for each of these strategic initiatives is also included in the overall
plan as well as a priority ranking and you're seeing all of that. This is what one of the
strategic objectives looks like in our plan, more for a benefit for those who haven't seen
this in the audience as you can see we have included quite a bit of information on this.
We haven't taken this plan down to the 5,000 foot or the 1,000 foot level. It is a 40,000
foot document. So, we don't have all of the specific kinds of action items that are going
to be necessary to implement in order to achieve these objectives and I will talk to that
in just a minute. I want to go through now and give an opportunity as well to the staff
who helped put these objectives together and vet the document and go through our
objectives by division and we won't spend time going through every single one, there
are a lot of objectives, but we will summarize what those objectives mean to the overall
outcome of that particular division and ultimately the department. And I will start first
with the administration division. As you know, we each have a purpose statement in the
document which defines the reason that that division exists in the department, what its
services are geared for, and how those services ultimately help benefit the over arching
goals of the department. We have nine different goals over the next nine years or
strategic objectives that I have listed here that you have seen in your documents.
These strategic objectives are fundamental from an administrative standpoint in helping
us to improve the technical competencies of our staff, recognize and record their
contributions, develop an overall accreditation approval rating by the American Public
Works Association. Establish important partnerships that have not been established or
Meridian City Council Workshop
July 13, 2010
Page 15 of 59
strengthen existing relationships with a variety of different organizations and agencies
around the Treasure Valley, statewide, and even nationally. And incorporate safety
programs and strategies that we have already begun, but we want to continue to take
on. These are fundamental priorities for us from an administrative and policy standpoint
that we want to see carried out that will strengthen our overall department and that first
one there, becoming accredited, that action alone will strengthen every sector of our
Public Works Department in the overall attainment of our goals to improve as an
organization. With that I'm going to now turn it over to the other individuals who are
responsible for helping to develop this plan and we will quickly run through some of their
initiatives and what those initiatives mean to their specific division. So, first up is our
business operations manager John McCormick, you met him during the budget process.
I know he's excited, as well as the rest of the staff, to talk with you and share their
particular goals for their divisions, so without further adieu --
De Weerd: Thank you, Tom.
McCormick: Madam Mayor --
De Weerd: Hi, John.
McCormick: -- Members of the Council -- thank you. Appreciate the opportunity to
speak to such an important task as this and I appreciate the time on the agenda to do
so. My name is John McCormick, business operations manager for the business
operations division of Public Works and I want to speak briefly to the purpose statement
in terms of the responsibilities that are imbedded within that statement. To achieve
organizational excellence through process management, process definition
development, and the management of those processes at that point, maintaining a
strong commitment and an ongoing commitment to customer satisfaction, internal and
external to the division and the department. Insuring that fiscal responsibility is carried
out in the department's operational and project plans. To align the department's budget
with its strategic plan to the extent possible and to provide oversight to the facility
maintenance organization, formally called the building maintenance section, and to
promote department initiatives with key stakeholders in order to gain support and
adoption from our partners. I have been with Public Works now for about four months,
so I wasn't involved initially in the process of developing and shaping and forming this
strategic plan. However, early on I did have the opportunity to get my fingerprints on it.
was able to give my input on the plan document, as well as actually have some
revision input for my section and for those items pertaining to business operations. I
have been involved in strategic planning for a long time prior to my joining the city. By
the way, I'm thankful to be here. This is a great place to work.
De Weerd: Thank you.
McCormick: With my experience in strategic planning I kind of evaluated the effort that
the strategic leadership team put into this document and I just assessed it as an
outstanding achievement. Very careful thought and attention was given to
Meridian City Council Workshop
July 13, 2010
Page 16 of 59
collaboration, communication, and leadership. Those are three very critical areas to the
implementation and the achievement of any strategic initiative. And transitioning from
where we are today to where we need to be in 2015 is both feasible and achievable due
to the integration of the department's vision, it's strategies, and the work plans that flow
from those strategies. And that's done at both the organizational and the individual
level. So, there is very tight integration vertically and horizontally throughout this plan.
This should lead to an increase in skill and capability, which you always need with the
changing of expectations and requirements over time. It should improve our execution
rates, which are increasingly becoming important as we become operational with more
tighter budgets in this economy that we are in and it should give us a better
understanding of roles and responsibilities to improve our efficiency and effectiveness
across the organization internally and externally. Business operations has ten strategic
objectives. We will see if I can work this thing. There. That are designed to fulfill it's
purpose over the next five years. I'd just like to comment briefly on three of them.
There are many there, obviously, that we could speak to, but three in particular that we
have work that has been worth starting and that we are going to continue that work and
leverage the best and leave the rest. So, first and foremost is the business operations
objectives, two, which has to do with very important arena for me and that's the area of
performance measurement and performance management through monitoring and
reporting processes department -wide. Now, this is commonly done through a process
called benchmarking, which I know you're familiar with and you have been introduced to
a few times, so I won't go into detail on that. One thing that concerns me about this
objective is the horizon. We have 2013 to complete this objective. I don't want to wait
that long. We have already started down that path and we want to continue the good
work that's been done to date. Earlier this year we started an ongoing benchmarking
effort that is focused on key performance indicators for all divisions within Public Works,
with the intent to identify performance gaps and implement corrective action plans in
order to meet division and department goals around closing those gaps. The plan is to
identify and select those key benchmarks for each of the divisions with full
implementation or deployment by October 1st. So, we will be taking this time and we
have engaged our key leaders to understand the direction that this is taking and the
implications of going in that direction and there are many. So, our first financial and
operations review, which is tied closely to this initiative was conducted last month. The
one for June is scheduled for next week and this is an opportunity for the leadership
team to sit down and review how well we are doing on a month-to-month basis relative
to the goals that we set and relative to the budget that we are operating under. Key
operating issues are also identified and discussed, so that we can take any necessary
action to correct the course and resolve these issues in a timely fashion. The second
initiative that I'd like to speak to has to do with continuous process improvement, which
is a real closely related initiative to the performance measurement. It's kind of a first
cousin, if you will. And that's the business operations strategic initiative number five.
Continuous process improvement is best accomplished and carried out when process
performance measures are clearly defined, understood, and implemented. To
accomplish this we will focus on development definition and documentation of key
processes. We will also clearly define roles and responsibilities and related processes
linkages. And, then, finally, drive organizational excellence by increasing efficiency and
Meridian City Council Workshop
July 13, 2010
Page 17 of 59
effectiveness in operational management and our project planning and execution. And
along with processes we have tools that support those processes and they are vital to
our business. The business operations strategic initiative number four is another one
that I'd like to speak to relative to the roles and responsibilities of the building
maintenance section, which I have had quite a bit of exposure to in these first four
months of employment with the city. Here we are looking at defining the work
processes and the work flow involved in the prevention of breakdowns and that sort of
thing. So, it's the preventative maintenance feature of the program, as well as
responding to break -fix events. We want to establish standard operating procedures,
which are badly needed to define and develop and document processes, what the
service level expectations are, as well as the timeliness related to key operations
involved. We want to improve communications to our stakeholders with periodic
updates that are not event driven, but more on a regular basis informative and
communicative. We have -- up to this point we have a big problem and we have to
broadcast what's going on and that sort of thing. We'd like to be able to do that when
there is not the surprise circumstances driving it. And, then, finally, case management,
which is a tool that we use very extensively to capture the events and to manage our
matrix like response time, and we like to document our warranty issues and it's been a
very helpful tool in that sense, because as we -- as we have dealt with problems within
this building in particular, we have had a great number of opportunities to share that
information and get, you know, support for moving forward with the repairs that were
needed and that's been very helpful. And, finally, we need to create a fiscally sound
approach to protecting and preserving the city's building assets and the City Hall in
particular. These are key challenges for the business operations division and achieving
a full menu of strategic objectives, as I mentioned earlier, we absolutely have to meet
three critical factors and those are collaboration, communication, and leadership.
Collaboration, internal and external to the Public Works Department for optimal decision
making and problem solving results. Communication with the department personnel,
customers, and other stakeholders to insure that the knowledge and understanding is
transferred effectively and leadership and managing change. Empowering personnel
involved, influencing others, and making good decisions and choices that are consistent
with the Council's focus areas and initiatives. And, of course, the city's core values.
These strategic initiatives are -- will be sufficient to help the business operations division
to provide support to services to its customers, increase our value add by assisting
other divisions with their challenges, because we are a support organization, and raising
the bar where organizational excellence is concerned. So, this concludes my
comments. Do you have any questions or comments?
De Weerd: Council, any questions?
Rountree: None.
Hoaglun: Madam Mayor --
De Weerd: Mr. Hoaglun.
Meridian City Council Workshop
July 13, 2010
Page 18 of 59
Hoaglun: -- just a quick question, John. I notice several things that could be part of
what the city does, not only as a department, but citywide, like number ten, develop and
implement a centralized contract management system. Are you going to be working
with other agencies that also do contract -- that have contracts, so we have a similar
system, one that -- what's citywide or how are you going to be doing that?
McCormick: I think anytime that we have the opportunity to leverage the resources and
other functions in other entities we should do that through collaboration and that's -- I
think that's also where leadership comes in. Deploying things on an enterprise or a
citywide basis will be a challenge under any circumstance. So, to the extent that we
can kind of cherry pick the things that we go after, that we can get good collaboration
on, that we can work cooperatively as a team to, you know, set aside certain
requirements and expectations that a department might have for the good of the city,
those are things that we want to engage in for sure.
Hoaglun: Great. Appreciate that. Thanks.
McCormick: Okay.
De Weerd: Thank you, John.
McCormick: And the next presenter is whom?
De Weerd: Hi, Max.
Jensen: Madam Mayor and City Council Members, my name is Max Jensen, I'm the
construction division manager for the Public Works Department. The construction
division is comprised of four FTEs, two field inspectors, one chief inspector, and myself,
the capital projects manager. I will be presenting the construction division strategic plan
to you tonight. The construction division of Public Works provides project management
and inspections relating to the construction phase on the signed capital improvement
projects. These services will be provided for the Public Works Department, Parks and
Recreation Department, Police Department, and the Fire Department. We embrace
opportunities to provide these services to multiple departments on multiple projects to
promote consistencies throughout the city. These consistencies will benefit the
department's funding the project, as well as the Purchasing Department and the
Finance Department, saving time, money, and resources. The Public Works strategic
plan is a vital tool at defining a clear vision of objectives to accomplish for each team
member, a division, and to achieve the vision of the department by providing objectives,
along with the plan to achieve the objectives, target will be set for each team member to
focus their efforts on. The plan will help each team member to understand how their
individual success benefits their division and overall department as a whole. The
strategic plan will increase efficiencies by providing focus. Some of the current
challenges that the construction division has include coordinating with multiple city
departments to promote and increase consistencies by developing and standardizing
processes and forms related to construction management and inspections. There is a
Meridian City Council Workshop
July 13, 2010
Page 19 of 59
need to promote better project communication between city departments to incorporate
all city department improvements within the same project and it will save time and
money. Project management inspections from one department to another and even
from one project to another is not consistent. The construction division accepts these
challenges for the benefit of the city and our public citizens, so that we may have
modern and reliable facilities. The strategic objectives that benefit a construction
division plan will bring consistencies to all departments associated with the capital
projects we manage and inspect. We will be developing a project close out report to
provide construction performance information on capital improvement projects for City
Council's review. We will be promoting project coordination between city departments
in an effort to include work for all departments under the same contract. This
coordination will assist in keeping costs to minimal and insure minimal inconveniences
to residents. Promoting coordination and standardizing processes and forms relating to
construction management and inspections. The construction phase of capital
improvement projects will become streamlined, saving time, money, and resources.
This concludes my presentation. I stand for any questions or comments.
De Weerd: Thank you. Council, any questions? Thank you.
Jensen: Thanks.
De Weerd: Hi, Warren.
Stewart: Madam Mayor, Members of the Council, I got to click this forward a couple
times, if I can figure out how to do that. I thought I was next. It was on the list that I
had. It must have been an old list.
De Weerd: We just wanted to see if you could give Bruce's --
Stewart: I actually come up here and was going to make a comment, that I was trying
to think of a joke to kind of liven things up, but, then, I realized that I was the
engineering manager and that didn't work and so I have proved my point.
Freckleton: Well, thanks, Warren. Thank you for the opportunity to be before you
tonight. I'm here to present the Development Services Division's strategic objectives.
The Development Services Division of Public Works consists of nine employees -- nine
full-time employees. We -- as you know, we straddle two budgets in Development
Services. The building functions are in the General Fund or the Development Services
fund and, then, the engineering or land development side is in the Enterprise Fund. The
purpose statement that we have in Development Services that was developed through
the development of the strategic plan is that Development Services Division insures that
all new land development and building projects within the city are designed and
constructed in accordance to all adopted codes and regulations to insure that in the
environments that we live, work, and play in are safe and sustainable. You know, it's
been a very exciting process to go through development of this plan. It's -- it's been
really interesting to see how the different parts come together to try and achieve the
Meridian City Council Workshop
July 13, 2010
Page 20 of 59
goals and objectives of the department and also the focus areas that you folks have laid
out for us. There has been good efforts in the past. I have been with the city for -- I'm
in my -- going into my 19th year with the city and there has been good efforts in the past
to try and layout a plan, but this is the first time that I believe we have a plan that is
going to take us to the -- to the end zone. There is no question that this particular plan
is the best way for us to achieve the vision and the mission of the city and, you know,
with the economy being what it is, we have had to address a lot of new challenges that
weren't -- we weren't necessarily prepared for, to have projects go into bankruptcy and
foreclosures and having to deal with banks that are now in the position of being
developers, has been -- has been quite challenging. But through that all we have -- we
have seen that development is continuing, although sluggish, but you may have seen in
the Statesman this morning that the City of Meridian is leading the valley in the second
quarter of 2010 for the number of single family residential permits that we have issued.
So, things are still happening here and we are excited about the prospects that this plan
will position us for the future to achieve the vision that we -- that we have. Our strategic
objectives kind of focus around three different areas, financial, efficiencies or
effectiveness, and quality of life. The first three there are kind of financial based. You
know, we want to make sure that every year we are annually looking at our fees that we
charge for our permits and for the services that we provide. We want to make sure that
we are, number one, covering our costs for providing those services, but we also want
to make sure that we are comparable to the other cities and jurisdictions in the valley.
The second one is capital projects review. You know, we have felt for several years
that it's important for the City of Meridian to hold ourselves to the same scrutiny and
level of review that we require of our private development that's going on. We have
begun doing reviews of our own capital projects through the Development Services
Division. This has proven to be very beneficial for the fact that we have caught several
things that we were able to make changes early on in the process that ultimately save
us money in the long run. It's been a very valuable program. Another one there is -- we
have -- we have already implemented. We are kind of working bugs out of it still. This
particular objective is set to conclude September of this year and that is the e-
commerce system in the Building Services. We, basically, have a program in place that
is zero cost to the City of Meridian. The users of the program or the people that come in
that want to transact using debit cards or credit cards, they are paying for the system.
So, they are paying for that convenience. But it's been a huge -- a huge benefit to our
customers. They have asked for it for a lot of years and we have been happy that we
can provide it for them finally. Launching into the area of efficiency or effectiveness,
software upgrade, you know, this is something that we have talked about for many
years and we are excited about the prospect of where we currently are with our
committee through IT and other departments for the provision of an enterprise -wide
solution for the city. A huge part of that enterprise solution is the building permit
functions and the new softwares that are out there are just -- they are amazing
compared to what we have. We have a dinosaur currently and our staff has done very
well making that dinosaur last as long as it has and so we are excited about that.
Another area that we would like to delve into is evaluating a business licensing or
registration program for the City of Meridian. This is a program -- or an initiative that we
have had a lot of discussion over the years with different divisions and departments
Meridian City Council Workshop
July 13, 2010
Page 21 of 59
benefits of having such a program, you know, across the board, there is benefits to the
planning department, knowing who is coming into the city to do business, making sure
that they are legally occupying in the proper zone, that sort of thing. Important for the
fire and police knowing who is doing business and what types of businesses are going
on in the city. Important for building to make sure that the structures that people are
doing business in and people are traveling to to transact business, are safe and not
hazardous. So, it's something that we want to delve into and start investigating. We
have got quality of life. We have got a couple of initiatives to look at new advancements
and new sciences that have -- are coming out in the building industry. You know, there
is a lot more energy efficiency things that are -- that are coming out. Green building
practices, that sort of thing. So, we want to start educating ourselves more on those
things and make sure that we are ahead of the curve and not behind the curve. Also
working with the planning department to make sure that we are looking at ways to
potentially stimulate development and growth through a strategic approach of offering
incentives if we can develop those. So, tried to be open minded with our programs and
thinking outside the box and we believe that these efforts will help position us for the
future, for new challenges that might come at us. So, that concludes my presentation.
Is there any questions?
De Weerd: Council, any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Yeah. Bruce explain the first half of BS8.
Freckleton: The evaluates community master planning and incentive opportunities?
Rountree: Prior to that.
Freckleton: I'm sorry?
Rountree: The first part of that. Evaluate community master planning.
Freckleton: That's a title that -- yeah. It's a little bit of a confusing title. The purpose of
that initiative is to make a close partnership with Planning Department for the
development of a master plan that enables the city to stimulate growth, as I said,
through incentive tools, looking for new ways to help strategically place growth. The
thing that comes to mind is our reimbursement program that we developed. You know,
we -- through that program we did strategic benefit areas, whereas when someone
would develop in a specific area, the reimbursement eligibility was greater in some
areas than it is in others, which -- which helps kind of target growth.
Rountree: Just suggest you might reword that to say that.
Meridian City Council Workshop
July 13, 2010
Page 22 of 59
Freckleton: Reword the title?
Rountree: Yeah. It kind of reads like you're going to be checking up on master
planning.
Freckleton: We can -- we can work on that.
Rountree: All right.
De Weerd: Okay. Anything further from Council? Thank you, Bruce.
Freckleton: Thank you.
De Weerd: Maybe we should get the next slide before you come up, Warren. Just
thought I'd check.
Stewart: That's right. Sorry about that.
De Weerd: I just saw an opportunity to give you a hard time.
Stewart: Here we go. I managed. At least that far. Well, good evening, Madam
Mayor, Members of the Council. It's a privilege to be here for -- and to talk about
strategic initiatives in the engineering group and the work that's gone forward and to
provide maybe a little comic relief with my mistake and I just want to let you know that
when I joined the city a little over a year ago, the strategic planning process was
underway full swing and I was able to dive right into that process, I was grateful for the
opportunity as somebody new and coming in to be able to jump in and I was made
welcome and made to feel like I mattered and that my comments and my input was
valuable and I'm grateful for that. It was a great educational opportunity for me as a
new manager coming. It provided me an opportunity not only to very quickly start to
identify and understand the roles and responsibilities of the engineering department, but
also to understand the roles and responsibilities of the other divisions within the Public
Works Department and how the engineering department interacted with them and would
need to interact with them in order to achieve the goals of the overall group. I also want
to take this opportunity to thank my staff. As Tom had mentioned, many of the staff
were given the -- well, all of the staff were given several opportunities to comment on
the strategic objectives that we developed and their input was extremely valuable in
helping us to strengthen those objectives and to make them something that everybody
could buy into and specifically I want to give a special thanks to Clint Dolsby and to Kyle
Radek for their input. They were, obviously, involved in this process before I joined the
city and they continue to be involved in that process and it was their sort of institutional
knowledge, as well as their insights and their input that helped me to become a part of
that plan and a part of that effort and to really feel like we came up with a document that
will help guide us in the future. I won't speak necessarily specifically about any of the
objectives, but more as an overall kind of approach. The engineering department's
objectives are focused around sewer, water, storm water, and transportation
Meridian City Council Workshop
July 13, 2010
Page 23 of 59
infrastructure and providing that infrastructure in a financially responsible manner. To
help us accomplish this there are several of those objectives. One of them is a
development of a five year capital plan and we have started that initiative or that
objective already. A few weeks ago I presented that plan to you guys and we are
continuing to refine that as we move forward and that will be one of the keys to helping
us achieve -- excuse me -- achieve those objectives. Master planning is also an
important part and we are either currently in or will soon engage in master plans for all
of our key infrastructure segments and we are working on the development of hydraulic
models for the sewer, water, and the reclaimed water systems. These hydraulic models
will not only allow us the opportunity to model future growth, but one of the things that's
key for us to be able to understand is what our current system capacities are, both in
sewer and water. So, we know where our strengths and our weaknesses are and we
know what areas of the city we have room to grow and which areas that we are going to
need to focus our efforts in bringing the infrastructure up to speed. We are also working
as we talked a little bit when I presented to you the -- our five year capital improvement
plan, we are working on new methods and techniques to deliver projects and to manage
projects more effectively. Our GIS department -- or group, which only consists of one at
the moment, is also helping us to streamline those processes. They are very important
in helping us not only to develop the process that will help keep the hydraulic models up
to date, but they are also helping us to develop means and methods to identify where
are our weaknesses and where infrastructure replacement needs may be in the system
and we are also working with our transportation agencies, ITD, ACHD, the railroad, as
well as the irrigation districts, to increase our ability to influence and direct how our
multi -modal transportation system in the city grow and we are -- we are seeing some
progress there and we hope to see a lot more progress in the future. This strategic plan
that we have before us is an excellent guide, not only for me as the engineering
manager, but also for all of our employees. It will help to focus our work and our efforts
and it will help us to insure that the work that we are doing is in alignment with missions,
visions, and initiatives and values that the city has set forth for us. It will also allow each
one of my staff to be able to directly see how the work that they are doing on a day-to-
day basis is helping to achieve these objectives and also how it's going to help them to
achieve the city's overall mission and vision and values. And I'm grateful for the
opportunity to be involved in this process, grateful for the opportunity to use this
strategic plan, and I believe it is going to be a great benefit not only to us as a staff, but
also to the citizens of the City of Meridian. And with that I would stand for your
questions.
De Weerd: Council, any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: On number nine, it's just a nitpick, but you need to add in between customer
and perpetuity. And, then, on number eight and number ten, I heard what you had to
say about transportation, but I can't get what you said out of those two. So, where are
Meridian City Council Workshop
July 13, 2010
Page 24 of 59
we going with that, since we really have no financial commitment to transportation and
try as we might we don't design roadways, nor do we maintain them.
Stewart: You are correct. But the goal of that objective is to -- we realize that we don't
and the real objective here is to increase our ability to work collaboratively with those
entities who do, to try and increase our ability to influence the way those things are
done in a manner that meets the overall vision of the city and we realize a lot of these
objectives require us to work with other -- not only divisions within the city, but also
other agencies. We know that we won't have complete control over the attainment of
these objectives, but to the extent that we can, we feel that this is a worthwhile objective
and that we are going to work, to the extent we can, to make those things happen.
Rountree: And I don't disagree with what you said, but I'm not sure I can get there out
of those two. I think you might want to, again, rethink the language there.
Stewart: I can tell Tom has a comment to make
Rountree: I'm sure he does.
Barry: Mr. Rountree, I appreciate your insightful question. The objective is a little bit
more defined in the actual document. On number eight, specific to your question, one
of the goals there is to make sure that the dollars put into the Ada County highway
system from the City of Meridian are equivalent in some proportion to the dollars we get
out of benefit and we don't know that. There has been a lot of questions surrounding
those particular concerns for some time and so this -- that particular objective speaks to
the fact that we want to develop a -- a certain level of understanding about where the
financial benefits are coming as it relates to impact fees collected for transportation
improvements to benefit the City of Meridian and what we get in exchange when we
pass those dollars onto another entity with regard overall improvements. So, yeah, in
title only I wouldn't expect for you to be able to get that out of the slide. And, then,
objective ten, developing street design and maintenance standards, this is something
that we talked about with the planning department associated with taking more control
and, if you will, putting into place a vision of our own accord for how our streets and
corridors and transportation connections and those sorts of things would look for the city
and to work with other agencies, particularly ITD, ACRD, other communities, to bring
about those consistencies in the construction of our community going forward. So,
hopefully, I have addressed those two questions you have got on those two issues. I
don't know if there were any others. And, actually, there are a couple of others that may
relate also to infrastructure programs and transportation on the secondary slide here.
De Weerd: Thank you.
Stewart: Thank you.
Mangerich: Good evening.
Meridian City Council Workshop
July 13, 2010
Page 25 of 59
De Weerd: Hi, Mollie.
Mangerich: Hello. Mollie Mangerich, environmental programs manager. You know, I
really have been impressed with the process and the input that our strategic planning
process has happened over the last couple years and while I haven't been able to be
here to be engaged in that process, I was lucky enough to be able to draft our statement
of purpose and what I would like to draw your attention to is the second sentence within
this statement of purpose for the environmental division, in that it provided me the
opportunity to say something that I really believe and that is it's a critical and necessary
under -pining of any environmental program development that we capture and are
accountable to an expanded spectrum of values and criteria and measuring our
performance and organizational success to that. And I call that our triple bottom line.
And by triple bottom line I refer to is it comprised of environmental quality, economic
vitality for our City of Meridian, and the social benefits of the program -- that this
program can provide and augment other departments as well. Four. Strategic
environmental objectives within our strategic plan. Our first one is -- our goal is to plan,
fund, and develop a program, policies, and capital improvements that meet the vision of
the city and obligations of the environmental division. What I particularly like about our
strategic plan is not only does it provide us the opportunity to list our series of objectives
and activities within those, but it also -- staff took the time to identify who would be
divisional lead on that, who would be departmental people that we will be coordinating
with, both internal to our organization and outside our organization. So, it's integrated in
concept and it's bound to succeed for that mere fact. Environmental strategic objective
number two. You know, our environmental division's industrial pretreatment program is
an integral part of our wastewater treatment process, both process and facilities.
Citizens of our community rely on the completeness and the integrity of our program to
protect them from environmental harm. It is important that the division have an EPA
approved pretreatment program going forward and that it will stand the scrutiny of
regulations, our citizens, and regulators. You know, one of the activities that are
prescribed within this strategic initiative is that maintain -- we initiate and maintain an
NPDS -- you'll remember this from our budget enhancement discussion -- storm water
permit for our wastewater treatment facility, which we have achieved. But also a
strategic plan allows for staff to come up with the initiative, the talent, and the skills to
come up with ideas and here I'd have to say Lieutenant Overton with his pharmaceutical
take back, thank you very much for mentioning the good work that our pretreatment
manager Steve Maneck provided to your department in the take back and safe disposal
of pharmaceuticals and also meeting the activities within the strategic objective. My
staff has already come up with a residential grease and oil diversion program that Luke
Cavener is excited to work with us on from the Mayor's office and so there is lots of
capabilities within my strategic plan as it relates to the environmental division that will be
incorporating many within our organization. Strategic environmental objective number
two -- number three. This one probably raised the most resonant with me, particularly
coming on the heels of our community being ranked within two very important
magazines, the Family Circle and CNN Money magazine as being livable cities and in
my mind this strategic objective meets the esthetic underpinning or a qualification for
making Meridian so wonderfully livable and safe for our families. And that is to
Meridian City Council Workshop
July 13, 2010
Page 26 of 59
preserve, protect, and enhance the riparian and historical riparian and wetland areas
and bring them back to a natural and sustainable habitat that will provide for the safe
flood water conveyance and improved water quality of our community. Strategic
Environmental Objective No. 4 will hark back to our budget enhancement where I talked
about the national flood insurance program. It's a combination of both insurance and
regulations that reinforce one another and how well our flood plain management
program and management regulations are enforced affects the flood insurance rates
our Meridian citizens have to pay. So, the better we do, the better that we can convey
that benefit to our citizens. It's a wonderful program with a self-insuring incentive for us
to work hard and maintain and meet the strategic objective. It also helps to give
property owners a quality flood plain administration program and, as I said, save them
money. And as we strive to meet the community service standards of a class four city,
we go up and we benchmark and we provide a higher return of quality service to our
community by up to a 30 percent reduction in flood insurance premiums. It's a good
deal. We can do that and we think it's achievable and we put it down in our document
as such. The concludes my part for the environmental division. I'd like to hear any
comments or questions.
De Weerd: Council, any questions?
Mangerich: Thanks so much for your time.
De Weerd: Thank you. You might work, Mollie, on that enthusiasm, though.
Crane: Madam Mayor, Members of the Council, Tracy Crane, superintendent of the
wastewater division. I'd like to start off by echoing some of Warren's comments, being
part of the strategic leadership team was a great experience for me and it also benefited
the wastewater staff. Going through process helped give us an understanding both of
our rolls and responsibilities, but also those of other people within the department. As
Tom said, we prevented -- we presented, excuse me, the plan to the wastewater staff
on numerous occasions and gave them opportunity to provide feedback. They were
very responsive and in the end we feel like it's a plan that provides us with a positive
direction with clearly defined goals. The goals we set for our division will be
challenging, but it's our collective opinion that if you don't set them high it's nearly
impossible to accomplish great things. We are excited about this plan and look forward
to getting to work on it and accomplishing it. So, operation -- sorry. As you are aware,
the wastewater division operates and maintains an advanced wastewater treatment
facility with over 400 miles of sewer line. Our primary objective being protection of the
watershed and the public health. Operation of the wastewater treatment utility comes
with many challenges, as you're aware, and we have developed 11 objectives, to not
only help us overcome those challenges, but also to help us innovate and excel. I won't
go over all of them. I'll touch on just a few of them. Number one there our strategy is to
comply with NPDR permit. That will always be our number one objective no matter how
the plan changes or gets updated, that one you will see every time will stay number
one. Number two, the comprehensive collection system maintenance objective. This
was already begun with the acquisition of the cleaner truck and the -- and the inspection
Meridian City Council Workshop
July 13, 2010
Page 27 of 59
equipment and thanks to your support we are well on our way to accomplishing that
objective as well. Likewise, three, asset management. With the value of the
wastewater division's assets being estimated in the ten and even hundreds of millions of
dollars, it is imperative that we make sure that those assets are properly maintained and
this work is also underway with the deployment of Hansen in the wastewater division.
Number five, increase efficiencies is a big one. Our treatment process consumes
considerable energy. As you probably know, we are one of, if not the largest
consumers of electricity in the Meridian area. Our long-term goal is to become a self-
sustaining facility and reuse or recycle 80 percent of the waste stream. We are off to a
great start with our reclaimed water program and our turbo blower project. But if we are
to accomplish this goal we have to continually seek ways to improve our efficiencies.
And kind of going along with that number 11 is the digester gas reuse. Currently we
have about 80,000 cubic feet of digester gas and we only use about five to ten percent
of that to heat the digesters. So, the remaining part of that we see as a potential waste
of energy conversion that we'd like to find ways to offset some of our energy costs. It's
my belief that adoption of this plan positions us for success both now and in the future.
And with that I will stand for any comments or questions.
De Weerd: Thank you. Council, any comments?
Hoaglun: Just a question. Tracy, the phosphorus is something we see coming down
and you guys are working on that already, but where are we right now on that?
Crane: That's a great question, Councilman Hoaglun. We have a current facilities plan
work underway as part of this year's budget that's going and one of the major sub tasks
for that is for them to take a look at phosphorus. It's still sort of a gamble of where it all
-- where it's going to actually shake out. But I -- we think that that's really important and
part of our objective there on -- what is that, number -- we have it on here.
Hoaglun: Four.
Crane: Four. Yeah. Is to really long term look at what are our options. Right now,
since the regulation isn't sitting in front of us, now is the perfect time to look at all the
options and try to make a good decision for the future. So, that's kind of on there. If
you read the objectives in the near term, the first five years, it's more of a -- look at all
the options, make evaluations, and, hopefully, make a good decision for the future. It's
-- hopefully, the regulations won't be as bad as they say. It's anyone's guess where
they will actually shake out. But we are certainly committed to doing whatever we have
to do to meet whatever they say we have to meet.
Hoaglun: Thank you.
Crane: And with that I will turn it over to Rich.
De Weerd: Thank you, Tracy.
Meridian City Council Workshop
July 13, 2010
Page 28 of 59
Crane: Thank you.
Dees: Madam Mayor, Members of the Council, thank you for the opportunity again to
come here. You have heard about strategic objectives and what the meaning of them is
and how important it is and it's true it is important. You're also about to hear the last of
your three utilities that you own in the city. The three utilities that provide customers
with the products that they want. Of course, they pay for those services, and we really
take that to heart. That's very, very important to us to know that the customers are
paying for our -- doing our work to provide them with services. I have had the
opportunity lately to go -- call some folks around the countryside to find out what other
utilities do and what they are like. Talked to people in Arizona, Colorado, California,
and other states and every one of them asked me, well, how are you doing that. They
are envious of our processes. Our treatment plant is among the best wastewater
treatment plant. The water delivery system we have is among the best, too. We have a
great aquifer system and we have water ready for our citizens to use and we are very
proud of the fact that our water quality is very, very good. A lot of entities just don't have
that good water quality and we are very proud of what we can do with that. The
strategic objectives that you see before you -- there they are. There is 12 of them in
number, but they do a number of things. The first thing they do -- and you heard Tracy
talk a little bit about it. They talk about an asset management system. We want to
know where the stuff is and how the stuff is operating and how good it is and when we
have to replace it. So, the asset management system helps us do that. We want to
provide the best possible service we can to our customers. When they call we want to
be there for them. So, that's what some of those objectives do. The other thing those
objectives do is provide a system of water quality, so that we give them the best
possible water quality that we possible -- that's available. Not only do we give them the
quantity they want, but we have to give them the quality they want. Whenever there is a
fire protection issue at hand, we want to be able to open a hydrant and have the water
be there, so that we can put the fire out. We want to keep our facilities secure. There
are bad folks out there and we want to make sure that they can't get to it, so that we can
continue to provide services to our customers. Finally, we want to make it better for
employees, so our employees have the knowledge, the skills, and the abilities to go
ahead and move forward and continue to be the best that they can possibly be. Bottom
line is we want to take our system from good to great, as the Mayor would say, and we
think these objectives are going to do just exactly that. Are there any questions?
De Weerd: Thank you, Rich. Any questions from Council?
Bird: I have none.
De Weerd: Okay.
Dees: I think --Tom.
De Weerd: Thank you.
Meridian City Council Workshop
July 13, 2010
Page 29 of 59
Barry: Well, you have heard from our division managers about each of their major
challenges and goals and opportunities associated with the plan and this plan is the first
of many steps for us in moving our organization forward and -- but the plan doesn't
mean anything if we don't -- if we don't stick to it and implement it and follow through
and measure and monitor what we are doing. And that's what we are -- that's what we
are going to plan to do in the future. We want to make sure that everyone understands,
including the staff, that this document is dynamic, it will grow and mature and evolve
every year when we go back and evaluate how well we are doing with achieving some
of these shorter term objectives with regard to the overall vision that we want to attain
by the year 2030. We know that the department and staff are going to have
opportunities to reflect on our accomplishments and make sure that as they reflect on
those accomplishments they adjust to meet new and changing challenges and priorities
and that's why adaptive management is so critical to our overall management process
and concept, because it will insure that we will improve our organizational effectiveness
and that we will attain through the development and tracking of performance targets our
vision that we have set for ourselves out into the future. So, simply put, again, what we
want to do is collect data which will expand the knowledge, the skill, the capabilities of
our staff, which will broaden their understanding and ultimately help as an organization
to build insight to the things we do and the value of the things we do as an organization
and certainly as a community. The process we are going to be following as we work
through this plan is that we want to, as we have done, visualize what we think we need
to do and through that visualization work to, then, collaborate as a team to develop the
plans which we have created and presented to you this evening, to communicate them
with you, the community, and anyone else who is interested and certainly with the staff
and as we communicate we want to inspire to make sure that we engage and empower
folks and that we give them some motivation to want to achieve a greater
understanding, knowledge, and capability of personally in moving forward the
organization. With that we want to complete our objectives, evaluate the effectiveness
of those objectives, contemplate and reflect on the attainment of those objectives or
failure of our ability to attain those objectives and, then, start the process again. So, we
left off some slides -- some slides ago with this graphic and I want to continue sort of
where we are going. We have talked with you at a high level about our strategic
objectives and some of the strategies that are included in those objectives. We need to
have a way by which we take those objectives and put them into meaningful and
smaller compartments, if you will, and we are going to do that through the development
of an annual work program plan that we are going to develop and each staff member in
the Public Works Department will ultimately have and that will put -- breakdown our five
year strategic plan into a one year annual work plan, which will be tied directly to
performance. It will be tied to personal performance, as well as organizational
performance with a variety feedback loops and the integration of additional information
which will identify how well we are doing as an organization, which we will, then, report
to our performance reporting and tracking systems and through an adaptive
management process we will complete the cycle again. And every time we go around
the cycle we will get better. And it's taken us a long time to get halfway through the
cycle, but we are developing things for the first time and as we get better we will get
faster and as we learn more we will do more and that's what's exciting about all of this.
Meridian City Council Workshop
July 13, 2010
Page 30 of 59
So, the next steps that we have as it relates to the overall plan is to seek your comment
and endorsements and with that I would ask for your comments and ask for your
favorable consideration of the overall document and certainly it's adoption would be a
good step for us to move forward as a department with confidence that we have met
your particular desires to move the city forward as we are one department helping to
achieve your ultimate goal for this community. In closing, I do want to say that I am just
so thrilled that I was able to experience this process with my staff. The ones who were
at the table, you know, biweekly, the ones challenging me, questioning me, questioning
one another, arguing with one another, celebrating each other's successes, we have a
phenomenal staff, we really do, and it's incredible, because they have been part of
strategic -- been part of strategic planning processes in the past where it was consulted
out, you know, we just hire somebody to come in, they ask a bunch of questions, next
thing you know strategic planning is developed. It doesn't mean a whole lot, people
haven't really engaged, and they haven't had opportunity to really sit together and
challenge and learn from one another and this process, if that's all we gain from it, was
worth it, but we have gained so much more and we are so excited by that. In any event,
we are open to constructive criticisms. As you know, our department and our team is
not shy when it comes to asking or embracing criticism. We know that's what make us
stronger and so with that I will turn it over to you and ask you if you have any last
questions and entertain the possibility that you may formally adopt this as a Council, so
that we can get to the good work that's included in the document. So, with that --
De Weerd: Now, I would just like to congratulate your divisions, departments, and all
those that have been involved in this. It's been quite the process. It's a good thing you
have technical and engineer minded people that work for you, because you should have
seen our directors when he just talked about the concept at the directors meeting. So,
you guys are amazing and appreciate the tenacity and the creativity that is expressed in
this plan and look forward to seeing it executed. Council, any questions, comments?
Bird: I have none at this time.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Tom, would you go back to your cycle of life.
Barry: Yes.
De Weerd: You're intimidating cycle of life?
Barry: This one here?
De Weerd: Yeah.
Meridian City Council Workshop
July 13, 2010
Page 31 of 59
Rountree: Yes. First off, I think you and your staff have done a great job, as strategic
planning is not an easy process as they have all learned, but it's interesting and can be
very rewarding. One of the biggest issues always is -- and I guess you have captured it
up in the left-hand corner with budget initiatives. So, I -- my comment is not to throw
water on this, my comment is if we go in the direction of adopting this plan, it does not
necessarily indicate that we have financed the plan. So, that's -- that's the hard
strategic part that we all get to play with. I would suggest that there is a feature that you
ought to add to the life cycle of the planning process and I appreciate that you have
broken it down into annual work programs. I think that annual work program ought to be
the product of your budgeting process, so your initiatives drive your budget, the CIP
drive your initiatives and the Council and the city's budgeting process will either drive
your plan in a timely fashion or it will put the sideboards on the plan and maybe it won't
be 2030, maybe it's 2015 or maybe it's 2040 and as you have already indicated, any
strategic plan is a dynamic document and that time period some of these things that
you're wanting to accomplish either may not need to be accomplished or they might be
double or triple more different than the way you have envisioned them now. So, I need
some assurance there is an understanding out there that if we adopt this plan, that one
necessarily we agree with every initiative, which we probably don't, and that we are
agreeing to finance it in a timely manner that you have put forward, which we are not,
because, unfortunately, we like to plan in a future mode, but in our real world we can
only budget on an annual basis. So, that's the difficulty I have with an endorsement and
the presumption that, oh, well, then, everything is cool and we do all of this stuff and we
have got -- now we are going to have the money to do it all. That's not the reality.
Barry: Councilman Rountree, I appreciate your insights and certainly your comments as
well. We understand that we are in a one year budget cycle and these initiatives that
we have identified for ourselves over a five year period, some of them, which don't even
start for three or four or five years, are initiatives that we think we need to undertake, but
they will be validated through the budgeting process and we will present with our budget
those types of initiatives as they would normally come through the budget process and
so there will be opportunities for checks and balances where the Council will have
opportunities to say we don't like that program, we don't like that project, we don't like
that particular initiative and we are comfortable with that in the Public Works
Department. This document, essentially, signifies our attempt to try to over a certain
time identify those things that will move us forward as an organization and as you have
mentioned it is dynamic and we will next year have new initiatives we didn't even think
of this year and we will likely have initiatives that are in the document that will fall away.
And that's the importance of us needing to go back and review and revise it and that is
why we want to do it annually to make sure that maybe as new Councils come along or
as new staff come along or as new leadership comes along in the department, that
there are those opportunities to change the course to reflect what is modern, timely, and
in alignment with whoever is in charge at those particular times. But until that we want
to give it our best attempt over the time horizon we have identified. So, I do appreciate
and understand your comments, I think they are well -- well stated.
Meridian City Council Workshop
July 13, 2010
Page 32 of 59
De Weerd: Well -- and I think this was never intended to be totally stand alone. You
have seen a capital improvement plan, they have been doing substantial modeling on
their operations and long term. So, this has -- it all ties together nicely and as you see
on the very top, the resource allocation and utilization, are two key pieces to it, in
addition to the performance reporting. So, it has a nice flow to it and -- and a constant
update to Council and communications to make sure everyone continues to stay on the
same page and maybe that we don't get any new regulatory or other outside influences
that can turn this totally upside down as well or at least financially. Any other
questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would like to comment, one, I appreciate your leadership in performing this
program, getting it going, getting it running. Appreciate all of your staff at all levels for
their participation in it. To me, even the philosophical process of putting this together
shows not only your leadership, but puts Meridian in a leadership position as well, which
is very nice. To actually have what I'll call a road map kind of a thing. Unless you know
what the objectives are and what the results of your strategic plan are suppose to be,
how do you ever know if you're going to get there or what your progress is along the
way and I understand that like with a road map, not to carry it too far, but there are
some side roads that you can choose as you go along, but philosophically you have a
department who understands what the objectives are and the goals and can work
together to create that and I want to say I appreciate the process, I appreciate your
doing it, I appreciate the participation that everybody gave to it and I think it's a
wonderful plan.
Barry: Thank you.
De Weerd: Well, thanks to you and your staff for being here this evening and sharing
this and, Council, how would you like to proceed forward? Are you looking for official
adoption?
Barry: We would prefer official adoption, but if the Council is not comfortable with that,
we will take what you give us. Alternatively, if you feel there needs to be refinement to
the document in order for you to feel comfortable with its adoption, we are happy to
make those revisions or meet with you collectively or one on one, however you would
like. I think what I would like personally as a director is to be able to give the confidence
and peace of mind to my staff that we are on the right track and that we are with a plan
pursuing purposeful change that is in alignment with what the City Council has identified
for us in their focal areas and their priority areas.
De Weerd: Okay. Council?
Zaremba: Madam Mayor?
Meridian City Council Workshop
July 13, 2010
Page 33 of 59
De Weerd: Mr. Zaremba.
Zaremba: With the understanding that there are always budget considerations that
come along, I would move that we adopt and support the Public Works Department
strategic planning process and report.
Hoaglun: Second.
De Weerd: Okay. I have motion and a second. Any discussion?
Rountree: Madam Mayor, I would prefer a little more time to contemplate what I have
heard versus what I have got in the three ring binder and there are some things that I
would probably like to see either modified or removed, so -- after -- after that
contemplation or I may not. I don't know. But right now I'm not comfortable with voting
in the affirmative on the motion.
De Weerd: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I, too, agree with Charlie. I have got to sit down and -- and I will be writing Tom
and yourselves a deal on what mine -- I -- there is no way that -- tonight that I can vote
affirmative on this program right now without getting some clarification on some stuff. I
mean we are talking about a very large project that while we have had these books
since July 1st -- and I appreciate that, Tom, getting it out, we haven't been able to put
the time to in that we probably -- because we had a budget book that was a little bigger.
I would -- I would prefer to give us a couple weeks to -- for me to get my arms wrapped
around it completely. I have got -- there is some things -- I have got some real concerns
about.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Just another note -- and we have another document that's out there that's
been presented to us that, likewise, we all agree that we wanted to take a little more
time with and come back and adopt or not and that was the energy conservation plan
and I have not seen that scheduled and maybe that's something that you might want to
talk about on Friday as you look at the next Council meeting agenda as getting Pete to
have that back on the agenda and take action on that. But I'd feel the same as I felt
about that with this.
Zaremba: Madam Mayor?
Meridian City Council Workshop
July 13, 2010
Page 34 of 59
De Weerd: Mr. Zaremba.
Rountree: So, you can vote or not.
Zaremba: Well, I was going to say on the vote, would it be appropriate to perhaps
withdraw the motion, which implies adopting all of the little details and, instead, offer a
consensus at least on the missions and visions and the higher level goals, not the
details?
Rountree: I'm fine with that.
Bird: I'm not.
Barry: Madam Mayor?
De Weerd: Mr. Barry.
Barry: If I may, I am grateful that we have this Council and I am grateful for the dialogue
and the debate and the differences of opinion of this Council, because that, too, is what
makes our community very strong. I am completely comfortable providing you whatever
time that you might need to address any concerns that you might have on this
document and we are prepared as a staff to meet to convene and address those
concerns or issues or do whatever we need to to get the Council comfortable. We are
excited about this plan and we know that your comments will only strengthen it. So, we
will be patient and if you will allow us, we may like to -- or I would like to request that we
come back in a time you set for us with regard to its adoption in the future. So, we
would be comfortable with that.
De Weerd: Okay. Would you like to withdraw your motion?
Zaremba: Madam Mayor, I would for the moment withdraw the motion that I previously
made.
De Weerd: Okay.
Hoaglun: Second concurs.
De Weerd: Okay. I would like to --
Rountree: Are you going to have comments by the 27th?
De Weerd: We will not have a meeting the first Tuesday of August. Let's work for the
second -- second meeting in August for a discussion.
Rountree: Which is the 17th?
Meridian City Council Workshop
July 13, 2010
Page 35 of 59
De Weerd: And to also list it under action items. It's August 10th.
Rountree: 10th? That's our workshop. That's fine.
De Weerd: Yeah. Okay. Any problem with that?
Zaremba: That works for me, but I would like to repeat my admiration and expression of
appreciation for what everybody has put to into this already.
De Weerd: Yes.
Rountree: I second that.
Bird: I will third that.
Barry: Thank you all. We are grateful for you grinning and bearing through a long
presentation. I apologize, but it's important work and we are talking about the next five
years. So, without further adieu I'll turn the agenda back over to you and thank you,
again, so much for your time, your support, and your leadership as a Council.
De Weerd: Thank you.
Rountree: Thank you all.
C. Planning Department: Transportation Overview - Presentation
by City Staff on Recent Transportation Projects, Studies and
Plans - Including a Review of the Draft State Transportation
Improvement Program (STIP)
De Weerd: Okay. The next item shouldn't take too long to get through, but we will
move to item 7-C, our Planning Department transportation overview.
Hood: Thank you, Madam Mayor, Members of the Council. I was a little upset with
Jaycee to have to go after Tom and Public Work Department when I saw the agenda
come out, but I'm kind of glad that I did, because I have never heard so many engineers
and the Public Works Department have so many good things to say about planning and
the planning process. So, it was a little bit lengthy, but we made it through and I think it
was beneficial and it's good it hear that from -- from Public Works. So, onto the
business at hand. There is a memo in your packet, an update that I put together with
Tim Kerns regarding some transportation goings on over the past couple of months. As
mentioned in the memo, I don't plan on going through every single item in that memo,
but to highlight a couple of things that I think are most important and certainly we can
talk about any other things that are in that memo, too, if need be. The first thing in the
memo that I'd like to quickly do is just give you an overview of the draft STIP that's out
there. ITD just last week released the 2011 to 2014 STIP. It is online if you would like
Meridian City Council Workshop
July 13, 2010
Page 36 of 59
to go through all of the state and see all the state projects. I'm going to focus primarily
on ITD district three and the projects that are in our region. I will first let you know that
there aren't any real substantive changes between the FY -10 to '13 and the draft at '11
to '14 regarding local projects. So, the Franklin Road projects, the Fairview projects,
Eagle to Victory, Ustick, and split corridor, except for things that have happened in '10
or happening in '10 that don't show up in '11 that are being constructed. All of those are
progressing on as planted in ACHD's planning processes and their programs. So, that's
some good news that those are tracking accordingly. Statewide there are seven
highway expansion projects programmed for construction in the STIP. Only one of
those seven expansion projects is in southwest Idaho and it's not a roadway expansion
project, but, rather, it's the Y interchange storm water retention pond. It's listed as an
expansion project, but it is a storm water pond. So, I just wanted to call that out that
there aren't a lot of expansion projects in this STIP. In fact, there aren't really any that
you can really classify as a roadway widening or expansion project, but they are
couched as such in the STIP. Some of the key transportation program changes that I
do want to call out for you that I do think are important is that the Meridian Road
interchange bridge rehab restoration project was in 2013, but now it's not a listed
project. ITD has gone to grouping some projects together, but this project doesn't even
show up in that group list of projects for rehab projects, so it has been removed away
from the STIP. I'm hopeful that's because they are trying to get the whole interchange
rebuilt, but I haven't had that confirmed. I will talk about that in just a minute, too, on
another topic here, but --
Holman: I'm sorry. Caleb, can I interrupt you for just a second?
Hood: Sure.
Holman: That memo was not in laser fiche.
Hood: Oh.
Holman: I just drug it over there, so it should be in there now, if you want to open it. It's
a word file.
Hood: I apologize you didn't get that.
Holman: Sorry for interrupting, Caleb.
De Weerd: I have a little note to Robert to say I haven't seen it, so --
Holman: No.
Bird: I was going to say, I haven't see it.
Meridian City Council Workshop
July 13, 2010
Page 37 of 59
Holman: Madam Mayor, Members of the Council, this is something Caleb submitted
through Agenda Manager with his packet. It did not get included in the packets. I just
went out to agenda manager to look for it, so --
De Weerd: Okay.
Hood: Sorry about that. I'll slow down, then, or stop me if -- this is the first bullet that I
have in the memo, so I haven't skipped over anything, but -- so, Meridian Road
interchange bridge rehab is not in the draft STIP. Most of you probably have heard on
some of the other boards and committees that you sit on that US 20-26, the corridor
preservation for right of way was shown as -- well, 872,000 is shown in '10, '11 and '12
for right of way preservation and that is all being removed in the draft STIP. So, no
preservation for that project. Same with State Highway 44, there is about a million
dollars per year shown in '10, '11, '12 and '13 for right of way in the current STIP and,
again, all that is being taken out of -- in the draft STIP. There are a couple of new state
bridge replacement projects. US 20-26 and Broadway Avenue is shown in 2015 at a
cost of about 20 million dollars. That is, again, a new bridge project and a pretty
expensive one, as well as the Scorpion Creek and State Highway 78 bridge, about 1.1.
million. So, I just thought I would call out some other new projects that weren't in the
STIP last year that have been added or shown up in the draft. The Broadway bridge
was shown as a rehab or a preservation project, but it's a new rebuild now in the draft
STIP. So, I thought I'd call that out anyways, just for your information. Also I thought it
was interesting, the intersection of Franklin and Black Cat has also moved in the STIP
for construction in 2014. So, that will be an STIP project through COMPASS and it was
in PD, but it's moved -- it has a construction year in the -- the draft STIP. I think those
are -- those are the highlight or lowlights, if you will, of the draft STIP. Again, it's online.
can -- I can dig up more information if you would like. ITD does a pretty good job in
the draft of -- you know, you can -- they have summaries for all types of difficult projects
or you can look at them just by district or -- pretty easy to find information you might be
curious about or, again, please contact me. I guess the reason I provide that update to
you is to see if you want to send any comments over to ITD on any of those things or
others that may come up. It's too bad you didn't see this memo, because I had the link
in there that you could go to the website and look at the STIP. We do have some time
the first week of August the public comment period ends, the 4th or the 6th. I can't
remember. I think it's August -- first week of August anyways. So, we do have some
time. We don't -- you don't necessarily have to formulate a letter now, if we do want to
send some comments over, or if you have some comments I can work those up and we
can -- I can work on a letter and get that back out for further revisions, too. So --
Zaremba: Madam Mayor?
De Weerd: If there is a desire, Council, we can certainly put this on the 27th to have a
follow-up discussion. Mr. Zaremba.
Zaremba: That makes sense, but I do want to raise a concern that we probably should
think about. Of course it's concerning the Meridian interchange. It seems to have
Meridian City Council Workshop
July 13, 2010
Page 38 of 59
disappeared. My instinct on that is that it will come back. They have spent money
making 1-84 a wider facility and until they improve that bridge they can't use the
improvements they have already made. So, I suspect that will come back. To the one
that actually concerns me more is Highway 20-26 and if they are saying that they are no
longer going to preserve right of way, we run into a problem when we tell a developer
this is going to be 125 foot right of way or 140 or whatever it is that we have been
saying and they say that's not on the STIP anyplace, you're doing a taking. How do we
deal with that? I mean we know that that need is not going to disappear. Maybe it's
been put off another four or five years with the slow down in development, but that right
of way needs to be preserved with it ending up being a taking by the City of Meridian.
Hood: Madam Mayor, if I can address Councilman Zaremba's --
De Weerd: Please.
Hood: -- point. It wasn't really a question, but there is -- I think we can still address it
even if they aren't actually purchasing that right of way, we can require through the
access management plan for US 20-26, the corridor preservation that COMPASS and
ITD have that draft report that's at FHWA right now for review and, hopefully, approval,
but we can -- once we get that document we can say we need 140 feet, up to 200 feet
in some cases, and we have that document as a planning document and through
annexation of those properties we can include that on our development application and
reports to the Council. We can't require them to dedicate a site today. We don't
typically buy those. But we can say you start your landscape buffer here and you put
the sidewalk there, because we do have a draft cross-section for that roadway. So, not
all is lost by them not putting any funding towards that, but -- but certainly the time
frame for acquisition of the right of way gets delayed and, therefore, the construction of
the roadway gets delayed. I think that's maybe the bigger point is they are doing
nothing about the problem that's there today. And I realize funding -- it's all fiscally
constrained, you need to have the money for it, but I guess to your point, we aren't
going to end up buying buildings in the future because of this, because we can preserve
that -- without taking it --
Zaremba: Okay.
Hood: -- we can preserve it and point to that access management plan and other
documents that say this is where we can allow building to occur, so --
De Weerd: Mr. Rountree?
Rountree: Madam Mayor. Question for Caleb. Caleb, I didn't hear this and it could
have been for a number of reasons, but is there any indication that '16 right of way
extension construction -- is that in the STIP?
Hood: It is.
Meridian City Council Workshop
July 13, 2010
Page 39 of 59
Rountree: Okay. Comment. Madam Mayor, we do have a window to make comments
to ITD. It is a draft STIP. Just a reflection on a draft STIP, that's probably the results of
what district staff thinks needs to be done in this particular region, with some guidance
from some other folks. I would suggest that maybe we have you open up your e-mail
suite to the folks that are interested in transportation in our area and that we draft a
letter of our concern of the loss of both 20-26 and 44. Having participated in a lot of
time and effort to us -- all the cities in Ada County and the majority of the cities in
Canyon county, in anticipation that that project would move forward with preservation of
right of way and, in fact, the state provided money to fund those studies. We all
participated in time and energy and now they are lost. I think that's wrong. I think that
they should be putting money towards right of way preservation now that those studies
are complete, because I think they have made somewhat of a promise that that was
where they are going with the planning process. I think Meridian interchange is
something that we need to get the support and the same support we have received from
COMPASS and adjacent cities to get that done. It is the neck of the hour glass on all
the improvements that have been made on the interstate. I think ITD's position is that
once all the lanes get opened up it will work pretty well without the fourth or fifth lane
under the Meridian interchange, but it still will be a bottleneck and it seems almost
bizarre to me, having spent hundreds of millions of dollars between Broadway and the
other side of Nampa to improve that corridor, to have that one piece not completed,
particularly when they have something on the order of 100 million dollars sitting in the
bank undedicated to GARVEE projects. I think we need to get as much support as we
can. We need to get as many letters as we can in response to the draft STIP and I think
we need a contingency of folks to go to the transportation board when they have their
hearing on that and are discussing that and request an audience and tell them what we
think about it.
Hood: Madam Mayor, if I may. I think some of Councilman Rountree's points -- I'm
going to -- you didn't have the memo, so I want to jump to bullet number two. Not that
we can't come back to the STIP, but I think some of your comments regarding the
Meridian Road interchange -- and I mentioned that I would get to that, the TIGER Two
grant. Last week Matt Stahl did contact me and said that ITD had decided to go after
the Meridian Road interchange as a TIGER Two grant. That will be -- they are in the
process of putting that application together. You may remember we went over that --
we went after that last year, coupled with the 1-84 widening. This time -- this go around
it's just going to be the interchange, so about a 35 million dollar project. I don't know --
still don't know where design is at or how they are working on design, but they are
moving forward again with that grant application. ITD is also willing to provide about a
25 percent match to about nine million dollars towards that if they are awarded the
grant. Applications are due August 23rd and they would like the city to help with the
application by demonstrating we are an active partner and they mentioned four things
that they would like me to address the Council with to see if you would be willing to
show the partnership in this. The first one is writing a letter to ITD stating that the city
will help acquire any right of way that is necessary for the project. They didn't mention
that we would have to acquire the property, but could be working with property owners
there. We have had discussions with Mark Canfield before and John Ange and maybe
Meridian City Council Workshop
July 13, 2010
Page 40 of 59
some of those other property owners right there. In the 1-84 Five Mile to Garrity
environmental report a SPUI was envisioned at Meridian Road interchange for the
rebuild. There is very little right of way needed, if any. It's actually a smaller footprint
than the current design. So, in my opinion, saying we are willing to assist them where
need be, whatever that may mean, I don't think it's -- we are overstepping too terribly
far, because I don't really think there is going to be too much right of way that -- that will
need to be acquired for that. Now, again, it isn't done, so they may need some, but to
me that's a pretty -- we are willing to facilitate those discussions -- or at least I am with
maybe some of the Mayor's staff work on -- work with some of those property owners on
seeing if they would be willing to sell to ITD some right of way. Also related and
included with a letter would be a statement that the city would assist by working with the
canal companies where needed for access and/or the easements for the project and
there will be some need for some easement certainly in the canal -- the creek that runs
through there. So, again, that was something that they offered or thought would show
that partnership that would show the federal government that we are working together
on this thing. The third one would be an agreement to install and maintain landscaping
associated with the project. So, again, agreeing to maintain and install, probably as well
as design anything that -- that may need to go on with landscaping there. Steve is still
here. I did give him a heads up that this was something that ITD, you know, expressed
some reluctance to maintain and with some of the recent discussions we had, you
know, I'm thinking it won't be some grandiose design and landscape, but it is an
entryway into the city, so I don't know that we need to talk about that too terribly much
right now, but the broader question is the willing to partner by providing whatever that
design and installation and perpetual maintenance looks like towards this project, that
one certainly would be probably the biggest commitment out of the three. I did mention
four. The fourth one they just wanted a copy of our -- our bike and pathway plan, so --
and I did share that with them already. So, we can show them that there is a safety
issue there. We have planned for a safe crossing across the interstate at Meridian
Road. So, just sorry for this just being dropped on you now, but I would like to have
some direction at least -- again, we don't have to draft a letter now, sounds like I maybe
coming back on the 27th anyways to talk about the STIP, which COMPASS's STIP will
probably be on at that time, too. So, we may be able to talk about that. I think the
COMPASS board is going to be talking about that on Monday and it will be released
probably sometime later next week, so I could -- we can have that to discuss, too. But
we do need to get working on this again. Preapplications are due, I think, the 23rd of
July and about 30 days after that the applications for TIGER grant are due to DOT. So,
any direction you may have so -- if we are interested, if we are going to look at it being
funded maybe through the STIP, that's fine, but ITD is pressing forward with this and
COMPASS staff on putting this application together, so --
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Just as long as we don't lose sight of the objective and that's getting that
project. I don't want us to be supportive of the TIGER funds and not -- and not push for
Meridian City Council Workshop
July 13, 2010
Page 41 of 59
an effort to get it included in the STIP. We need both. You got one in a billion odds of
getting a TIGER fund grant for it. Probably the same or less than we had last time. And
the last time we got, well, you didn't get the grant, so we are not going to do the project.
I guess our position is we want the project. How you want to fund it, state, fine. But --
and as far as the desires that they have said about being a participant, I'm -- I don't see
any problem with any of the four things they have said. I don't know about the rest of
you.
De Weerd: Any opinions? I think we are all in agreement.
Zaremba: Uh-huh.
Rountree: I think financial commitment is the maintenance and if we are going to get
landscaping at all we are going to have to commit to that, otherwise, they are just going
to say no.
De Weerd: Yeah.
Hood: Yeah.
De Weerd: Which is consistent with the Ten Mile.
Rountree: It's consistent. Yeah.
De Weerd: You can just nod, because you will be past it anyway.
Siddoway: The question that I just wanted to clarify, I heard Caleb say installation and
maintenance. I anticipated that any landscaping that went in we would have to
maintain, but what would be different with this one compared to Ten Mile is ITD paid for
the installation of the landscaping there and did they ask for installation and
maintenance on this?
Hood: Right.
Rountree: Related to maintenance. Their policy says they will do it. I don't care what
their -- what they are selling.
De Weerd: Okay.
Hood: Okay. Moving on. I have an update on the transportation task force happening,
but I think I'll skip over that one. Eagle Road resurfacing is done. There may be a
punch list, but it's, for all intents and purposes, complete between Franklin and Fairview.
Ten Mile interchange appears to be trucking right along as well. Still due to be
complete summer of 2011. Three Cities River Crossing. So, on June 17th the city sent
a letter signed by the Mayor to ACHD board of commissioners regarding Three Cities
River Crossing project. ACHD's holding a public hearing on this project on the evening
Meridian City Council Workshop
July 13, 2010
Page 42 of 59
of July 21st. So, that's coming up in a couple Wednesdays. So, it's anticipated that
during that meeting ACHD will forward on a recommendation to FHWA regarding a
preferred alternative for this project. I'm planning on going and, essentially, reading the
letter that we sent over to President Huber and the rest of the commission on the 17th.
Is anybody else planning or does anybody -- do we need to have anyone else at that
meeting -- I guess that was the question that I had for you and the direction staff is
willing to proceed, unless we hear otherwise.
De Weerd. Yeah. I -- Council, I don't know if any of you were planning on being there.
It's all at the same time as I think the softball challenge.
Hood: That's on Thursday. Yeah. So, this would be Wednesday.
De Weerd: Oh.
Hood: Wednesday, the 21st.
De Weerd: Wednesday the 21st.
Hood: They typically start at 6:00. 1 don't know where -- I haven't seen that agenda yet,
but it would be in the evening of the 21 st, so --
Zaremba: Madam Mayor? I didn't have that on my calendar, but suspect I could
probably make it if you want to have a Councilman sitting in the audience backing you
up. I wouldn't have any problem showing up.
De Weerd: Yeah. I have a regional softball tournament I'm supposed to be at. So, if,
Councilman Zaremba, you're able to do that, that would be great.
Rountree: That would be great. I --
Bird: I'm all for it.
Rountree: I will be just landing about 6:00 o'clock, so --
Zaremba: Let's see. The Chamber of Commerce city game is the next day; right?
De Weerd: The next day.
Zaremba: So, this is Wednesday?
De Weerd: Uh-huh.
Zaremba: All right. I will go.
Meridian City Council Workshop
July 13, 2010
Page 43 of 59
Hood: And I think you all got cc'd on that letter, but I will just make sure I resend that
out and so you have a fresh copy again if it got lost.
De Weerd: Jaycee already did send it.
Hood: Okay. Perfect. Thank you, Jaycee. There is also in the packet an update on
some ACHD projects. Most them are progressing as planned. I don't think -- there is
only one and I'm going to let Tim come up for just a minute and give you an update. We
have hit a milestone with the split corridor phase two project and Tim and Matt have
been working on that project, so I'm going to let him give that update.
Kerns: Madam Mayor, Members of the Council, just very quickly, on split corridor phase
two we have reached a milestone and that is the 99 percent plans are done. So, we
have a couple years to wait until it's actually constructed, but just wanted to let you
know that and originally we had planned to have ACHD project manager for that, Adam
Zaragosa here tonight to give you a little update on that and also talk about some
bicycle and pedestrian issues that we are working through on that project, some
improvements that we would like to see and also we will be picking a date for that,
hopefully even the next workshop meeting. The next one, I think, is the second week of
August. So, we hope to bring that to you at that time and kind of give you some
information on some business outreach we conducted on that -- on those bicycle and
pedestrian improvements and let you know a little more about the project other than
that. That's all I really had to say.
De Weerd: Well, we look forward to hearing more the next month.
Rountree: Madam Mayor?
de Rountree: Mr. Rountree.
Rountree: Good job, Tim.
Hood: I have just one more thing and this is breaking news. Tim and I were at the
ACRD, CICAC meeting yesterday and I just wanted to give you -- similar to my STIP
overview, an update of the ACHD budget for FY -11. We -- like I said, we did get that
presented to us yesterday by budget staff over at ACHD. Their public hearing for that is
going to be August 25th. That will also be a night meeting. Overall the budget is about
the same dollar ---wise as it was in FY -10. It's about 80 million dollars. It matches up
with the roadways and intersections programmed in the five year work plan for '11 and
'12, so no big surprises with what they are budgeting for and what's showing up in the
five year work plan for the near years, so FY -11 and FY -12. 1 did want to mention,
though, that Ken Tuney, who is the -- works over there in finance at ACHD, did mention
to that group that if the commission doesn't elect to take the three percent increase, a
project that may slip is the project Tim just mentioned. Right of way is planned for '11
and '12 in ACHD's budget, then, with construction in '13 and if something is going to slip
it sounds like they have got earmarked, if you will, split corridor phase two to slip, if
Meridian City Council Workshop
July 13, 2010
Page 44 of 59
ACHD doesn't take that three percent. So, I don't know how they pick which project, but
that's just what Ken mentioned yesterday during that meeting. So, I don't know -- again,
I don't know much more than that. But he did mention it and I didn't follow up at the
time. But I thought I would forward that one anyways. Generally they are spending less
on roadway projects and more intersections, which we did ask them to do last fall. So,
to the tune of -- in 2010 they had 19.1 million dollars of their overall budget geared
towards roadway widening and this year they are showing 14.1. So, a reduction of five
million dollars in roadway, whereas in 2010 intersections were 1.6 million, in FY -11 they
are going up to 9.4. So, a pretty substantial jump there. They also double -- about
doubling what they are spending on maintenance projects. The loser seems to be in all
the bridges, so they are doing less bridge work in FY -11 and '12. 1 think I mentioned the
total is about 85.4 million dollars in FY -11. That includes some carry dollars from '10
into '11, but it looks like overall they are looking about a 95 million dollar budget. So,
didn't know if you wanted more information than that. I don't recall last year presenting
you anything on ACHD's budget or if we commented last year, but I certainly am willing
to dig a little deeper or if that's enough for you, whatever -- whatever the wish is of the
Council, but I thought I would at least provide you that quick overview and let you know
the sky isn't falling, everything that's in '11 and '12 seems to be progressing with some,
you know, caveats, but -- but if you don't like the way they -- I have some slides I can
show you of what, you know, maintenance and roadways and intersections and you can
look and see where they are spending their money, just didn't know how deep you
wanted to get into it, so -- if you want to send comments, we certainly can, or I can look
into it further, too. So, whatever your pleasure is.
De Weerd: I would ask Council after you have had a chance to look at it to get any
comments you have to Caleb. If you want more detail, if you could give him that same
comment -- those comments at the same time that would be good.
Hoaglun: Quick comment, Caleb. For -- if they don't take the three percent and you're
informed that it would be the Meridian project, I just want to be certain that they are
taking projects out of the lowest priorities and not just picking and choosing here and
there, but that they make sure they are following a plan that's the lowest priority projects
that are falling off and not something higher.
Hood: And that is -- Madam Mayor, Councilman Hoaglun, that is priority number six on
the list of things, because I looked at that. Dollar -wise it looks like it's a nice fit. So, it
would only have to be one project, rather than several lesser priority projects that would
fall, but -- but that was going to be one of my points, you know, one of your top priority
projects is the slip project, but I do want to clarify, Mayor, this -- we did just get this
information yesterday in our CICAC, so that's not in your memo if you open that up, but
will forward you on the packet that the CICAC received, so you will have the budget
information, so -- and you can still comment, I just -- it will just be another document, so
-- that's all I have, unless there are any other comments or questions.
De Weerd: Thank you.
Meridian City Council Workshop
July 13, 2010
Page 45 of 59
Rountree: Thanks, Caleb.
Hood: Thanks.
Zaremba: Madam Mayor?
De Weerd: Yes.
Nary: Madam Mayor?
De Weerd: Yes.
Nary: Madam Mayor, Members of the Council, I know we have had some issues on
Executive Session that we'd like to take up. If it's all right with you, I did speak with
police, it might be all right if you're okay with it, to move F to your next item and, then,
Items D, E, and G I can cover after the Executive Session. We could take up the
Executive Session, then, after Byrne grant discussion and, then, we could come back
on the record and take care of those three that should be -- I will take significantly less
time than Mr. Barry did tonight
De Weerd: You can guarantee that.
Nary: But that way we can do that Exec Session a little sooner. I know we have some
issues to discuss, so —
F. Police Department: Discussion on Byrne Grant Regarding
Police Training Equipment
De Weerd: Okay. Very good. Okay. We will turn this over to -- a guarantee by your
city attorney. Hi, chief.
Lavey: Madam Mayor, I support that, too. That means I get to go home a little sooner.
Last week in front of Council I was here asking for lots of money at our budget
workshop and I appreciate the support that Council and the Mayor gave me. And this
week I'm not here to ask for any money. Give you a little refresher on the Byrne grant.
That grant that we received last year. As you recall, I was in front of Council talking
about the FY -09 funding for approximately 133,000 dollars and, then, an additional
grant for 30 some thousand dollars that the city received. We went through a joint --
joint venture with all the other law enforce agencies to purchase a new RMS software
and as you recall we also purchased some Scott alarms and GPS trackers and, then,
we also modified the grant to fund some fiber between the City of Meridian and the city
of Boise to run the RMS system. The FY -10 funding allocation for the City of Meridian
or for the police department is 32,403 dollars and that money is allocated for our use.
The one stipulation is I have to come in front of Council, present our plan, and they have
to get a copy of the agenda before they will release the funds. So, that's really what I'm
Meridian City Council Workshop
July 13, 2010
Page 46 of 59
here today for. I sent it to Jaycee a couple days ago and it was supposed to be
included in your packet. Is it or --
Holman: I'm going to look. Yes.
Bird: It is.
Lavey: There should be four different items. We got it broken down into some -- two
different areas of equipment. The first one is for training equipment. As you heard me
over the last couple of years talk about some K-9 agility equipment, really couldn't find a
high priority for that using city funds, but now that the -- this grant came up, we thought
that that might be the perfect opportunity to try to purchase that equipment. The second
training equipment is for our force -on -force training. We currently use some munitions
weapons, which is, basically, paint balls that simulate getting shot at. They sting but
they are not lethal and we have some of those in place right now. We'd like to purchase
some more. And, then, with that equipment also comes face masks, helmets, and neck
protectors. So, that's the second item. The third item, as you recall, many -- probably
at least three years ago we talked about purchasing mats for the training room and I do
not recall where we got the funding. I believe it was from a personal donation. We did
purchase the floor maps for the -- for our mat room for approximately 4,500 dollars and
has worked out great. The second phase to the training room is the mats that go
around the walls to protect the wall itself and, then, anybody that falls into the walls. So,
this money would also be used to purchase those safety mats. And, then, the fourth
item would be -- for the grant that we talked about, where we grant officers -- going to
fund that -- or state that unit and, then, you approve the sergeant for that last week.
What we'd like to do is purchase the night vision equipment, some binoculars and some
goggles with the monies to help with surveillance with that unit out there as we are
combating crime in the city. And those are the four areas that we have highlighted for
training. The nice thing about it is that if we change our mind or if Council has a
different idea, all we need to do is write up the new plans, submit it, get that approved
and, then, we can purchase that additional equipment. That's kind of like what we did
with the fiber optics, we didn't include it in the original plan, we went back and they said
it does meet the requirement and they allowed us to use that. So, with that I stand for
any questions.
De Weerd: So, chief, do you need a motion to officially adopt your plan?
Lavey: All I need right now is for it to be heard and appear on the agenda. I don't need
any formal motion at all. We have -- talking with finance, we have about a four hundred
-- excuse me -- about 146,000 dollars in funds that we allocated for the Byrne grant last
year. That, basically, is just monies that are in place that we can actually make the
purchase ourselves and, then, the city gets reimbursed. So, I already have money in
my budget to actually make the purchase and get reimbursed and the paper trail is
already there. So, I don't believe there is anything that Council needs to do at this time.
When we are ready to make a purchase, we will probably put it on a Consent Agenda,
Meridian City Council Workshop
July 13, 2010
Page 47 of 59
just so you have an opportunity to look at it and, then, pull it out if -- if you have any
questions at that time.
De Weerd: Thank you. Council, any questions?
Bird: Go for it.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Just so it's official, I move that we approve the Byrne grant plan as proposed
by the chief this evening.
Hoaglun: Second.
De Weerd: I have a motion and a second. We will have a voice call -- or roll call.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
Lavey: Thank you for your time.
Item 10: Other Items
A. Executive Session Per Idaho State Code 67-2345(1)(f) — To
Consider and Advise its Legal Representatives in Pending
Litigation Amended onto the Agenda (c) — To Conduct
Deliberations Concerning Labor Negotiations or to Acquire an
Interest in Real Property, Which is Not Owned by a Public
Agency
De Weerd: Thanks, Chief. Okay. We will go ahead and move Item 9-A, that is an
Executive Session per Idaho State Code 67-2345(1)(f) and (1)(c).
Bird: Madam Mayor?
De Weerd: Yes.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c) and
(1)(f)•
Rountree: Second.
De Weerd: Madam Clerk, roll call.
Meridian City Council Workshop
July 13, 2010
Page 48 of 59
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION: (8:43 p.m. to 10:17 p.m.)
De Weerd: I would entertain a motion to come out of Executive Session.
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 8: Department Reports
D. Legal Department: Discussion on Board of Adjustment
E. Legal Department: Discussion on Solid Waste Advisory
Commission
G. Police Department: Updated Draft of Outdoor Sales and
Temporary Uses Ordinance
De Weerd: Okay. Council, I guess we are on Item 7-D.
Nary: Madam Mayor, Members of the Council, I will try to be brief because of the late
hour.
De Weerd: You already promised you would.
Nary: I'm re -promising that I will be brief. What this is is we currently have in our city
code -- well, it's been referred to as the board of appraisers and the board of appraisers
is made up of the Mayor, the City Clerk, and the Public Works director and the
responsibilities of the board of appraisers is to deal with issues where people think their
water bill wasn't calculated properly. We have had -- in the last five years we have
probably had about four or five hearings. It does seem like there is a value to having
the Mayor there, besides her great insight. It's valuable in the sense of having a city
elected official be a part of it. The board of appraisers by ordinance is the only step for
people with that issue. There is no appeal to the court. There is no appeal to the
Council. That's it. You go to the board of appraisers, they make a decision, you're
Meridian City Council Workshop
July 13, 2010
Page 49 of 59
done. We think it would be of value to not burden the Mayor with that role, but
potentially burden one of you. For the same reason, that if -- if a person appears before
a city elected official they may -- they will likely feel like it's sort of the end of the line and
that's where they get their day in court. What we have proposed to do, if you're willing,
you recall I'm sure we haven't had one of these for a number of years either, but
currently if you're about to be turned off, your water is going to get turned off for failure
to pay your bill, you're suppose to appeal to the City Council directly. Now, there is
generally only two defenses to that. Somebody mess up, you paid and you shouldn't be
getting turned off, or I don't have enough money to pay it. It doesn't seem very practical
many times to have those type of hearings at the Council level. So, we propose that
this adjustment be made up of different people, including citizens and city staff and
potentially a Council member and they be the arbiter of this -- of those things, including
the shut off, including the billing adjustment, the billing errors. We did believe that it
may -- it may make sense to allow the Council to be an appeal board, but only to,
basically, review the information that was done by the board. So, instead of having a
brand new hearing -- so, if you -- if you allow a second hearing the first hearing
becomes almost a waste of time. But if the Council at least reviews here is the
information that was presented to the board, here is the findings, here is what they
evaluated, here is the city code, and the Council agrees that the board has done its job,
they can uphold that decision and not have a brand new hearing.
Zaremba: The appeal has no new information to it?
Nary: Correct.
Zaremba: They are just reading the --
Nary: They are going to have to claim that even the board -- didn't apply the code
properly, didn't understand the evidence as presented, but they don't get to present new
information, they just present this is -- you would get a -- basically, a record of what the
lower proceeding was and you would make a decision on that. You don't have to make
a decision tonight. There is no urgency to this. Other than maybe Madam Mayor, but
there is no real urgency that we have to have this passed in the next month. If you
would like some time to think about it, think about some of this as a policy change for
the city and want to put it on next month's workshop, that's perfectly fine.
Holman: Madam Mayor?
Zaremba: State codes and all that?
Nary: Yeah.
Zaremba: Madam Mayor, I should be asking for permission to speak.
De Weerd: Yes.
Meridian City Council Workshop
July 13, 2010
Page 50 of 59
Holman: Madam Mayor, Members of the Council, Bill did you bring up the possibility
they could dispute assessment fees? I wasn't -- did you say that in the beginning or did
we come down on that a certain way in our discussions?
Nary: We do decide the assessment fees are done by the -- currently it says in one
section of the code that assessment fees were also done by the board of appraisers,
but as we know in practice that doesn't happen anymore.
Holman: Okay.
Nary: That's done by the department who, then, brings it as part of their normal fees of
the -- of the department that, then, get approved by you at a public hearing. So, it
doesn't make sense that we would just remove that from this board and, like I said, we
took off the appraisers and maybe that's where the appraiser term came from, was
because they were appraising the fees. But here really it's an adjustment board. They
are saying my bill is incorrect for some reason or I somehow paid my bill and it's not
been accounted for properly or whatever, but -- so, that's the direction we were looking
for on this.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: Bill, the draft we have of this does not speak to what you were talking about
in terms of qualifications of the members, so -- it just talked about Public Works or
designee, city_ attorney, or designee and -- and citizens. It doesn't talk about a Council
person.
Nary: And that was just the discussion point of, all right, this is just a draft, but on
whether or not a Council member would make sense -- and that's really your folks call.
Again, if you're going to be the review board, then, there is no necessity to be on the
initial board. But that was a talking point that they wanted us to raise as to whether or
not that would make some sense. We could do it either way.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Bill, I would -- I would think that if we were going to be the final review board, I
don't think we wanted to be on the assessment board. I wouldn't.
Nary: And that's perfectly fine.
Bird: I mean that's their last stop is to come before the Council.
Meridian City Council Workshop
July 13, 2010
Page 51 of 59
Rountree: And I guess my concern having a Council member as part of that is that,
then, you re -hear it or you don't re -hear it, but you reconsider it, rehash it, and they want
to pursue it, so do you, then, recuse yourself because you have already made a
decision on it?
Nary: Yes.
Rountree: In that regard I don't have a problem with having an elected official as part of
the -- part of the board, because I think like you indicated, that might lead some people
to believe that it's done and it's probably not going to change.
Nary: Yeah. The other thing that's in here, too, we discuss as this committee was
putting this together, in some cities if you will notice on here -- and I think it's the -- let's
see if I can find it. Oh. The meetings. That there is actually a regularly scheduled
meeting. Some cities what they do is they schedule a meeting monthly, so that you
have an opportunity -- especially -- this is really dealing with shut off. I mean the people
that their bill is they believe incorrect, we can kind of deal with it at any particular point,
as long as it's a reasonable period of time. But if it's a shut off issue and the person
can't pay it, then, you almost want to meet on a regular schedule that someone has got
to ask for it to, then, get heard within a shorter period of time, so that was one of the
other things that's included in here is that this board would, essentially, have a standing
meeting you have a certain time to request this to be heard. The board has already set
to convene at that particular time and, then, we could hear it at least in regards to the
shut off issues, because, otherwise, we are going to push them out 30 days or longer
and that might be problematic latter, because their bill gets too large and they can never
pay it.
De Weerd: Mr. Hoaglun.
Hoaglun: Bill, a question I had that -- but I was looking for it and I didn't see it. There
are going to be shut offs that the timing is such that it's going to be several weeks
before that third Wednesday or whatever that is.
Rountree: Right.
Hoaglun: Is there a provision there that keeps the water on until they have had their
hearing?
Nary: Yes.
Hoaglun: Okay.
Nary: Because we would take that out of current codes and the current code says once
they have requested an appeal, a shut off in front of the Council, then, they are not shut
off until they have had their hearing.
Meridian City Council Workshop
July 13, 2010
Page 52 of 59
Hoaglun: Okay.
Nary: We just didn't want to put the hearing too far out is what our discussion was. But,
again, if you're comfortable with that we can work on that in the next month in creating
this with a little bit more specificity and detail over those kinds of issues.
Zaremba: Madam Mayor?
De Weerd: Yes.
Zaremba: I would say a standing meeting with the provision that it be canceled if there
is no issue.
Nary: Yes. Yes. For example, if the meeting was say the second Wednesday or third
Wednesday of the month and the prior Friday would be the notice day, you would have
to make your request by that day, because we have to notice the meeting and if there is
no requests there is no meeting.
Zaremba: Okay.
Holman: Madam Mayor?
De Weerd: Yes.
Holman: Bill, one of the things that I didn't -- and maybe Karie brought it up in our
meeting -- my concern having been in that position before over there is if we are having
this meeting once a month it can become a tool for sometimes there is renters in a
property who might be in the last few weeks before they move out of a property, this
would give them a tool to have their shut off put off for a few weeks and that would be --
I apologize for not bringing this up when we met last week, but I just thought about that
now while we were up here. That would extend them out to the point that, then, that bill
ends up possibly landing on somebody else's shoulder. Or is there something -- I don't
know.
Nary: It was -- one of the discussions that we had was that -- because that exists today.
mean you could still do that today now. You can still request the shut off hearing.
Holman: Uh-huh.
Nary: And we tried to do it as quickly as possible, within a week or two. We could
require a deposit. We could require something, for example, and right now if you get a
traffic ticket and you go to the court, you get found guilty, the fine is whatever it is, 75
bucks, you have to post that fine to appeal your ticket and the court does that so that if
you never come back they forfeit the fine and off you go.
Meridian City Council Workshop
July 13, 2010
Page 53 of 59
Rountree: You're done.
Nary: So, if you -- if that's a method, because I agree with Madam Clerk that that
certainly could become a tool for folks to essentially avoid payment, if, again, they want
to appeal, they are going to file something to -- post some bond to be able to apply that
towards their bill. So, anyway, again, the details we can certainly work on. If
conceptually you like the idea we can -- we can get a lot of these details put together
over the next month and bring it back.
Bird: If they are not paying their bill they are not going to have any money to give us.
Rountree: Right.
Zaremba: But, then, they get shut off; right?
Nary: Yeah.
Rountree: They get shut off.
Nary: And, then, they get shut off.
De Weerd: Okay. So, is there a preference here, Council?
Bird: Bring it back.
De Weerd: Bring it back with what?
Rountree: Just bring it back the way it's stated now without an elected official on the
board of adjustments and I think explore the language in the current ordinance about
posting -- posting payment in order to appeal.
Nary: Okay.
Hoaglun: Madam Mayor, Councilman Rountree, is that full payment, partial payment?
Rountree: Full payment.
Hoaglun: Full payment.
Zaremba: Now, there -- this is maybe -- I'm sorry. Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just on how MUBs works, if somebody pays the arrears part they are
considered to have made payment and they may not be paying the current bill and that
their policy has been you can keep your water on as long as you pay the arrears part. It
Meridian City Council Workshop
July 13, 2010
Page 54 of 59
seems to me they ought to be paying everything they owe to keep the water on. Do we
need to discuss that? Because what happens is the same person is, then, delinquent
two weeks later because now they are not paying the new bill.
Nary: Why don't I -- what I -- you know, we didn't talk about those specifically,
Councilman Zaremba, so maybe we can have that discussion with MUBs and see what
-- what makes sense on their end, what's practical. To make sure we aren't -- you know
when we get -- we don't want an individual in forfeiture and we don't want any -- I mean
send everything through collections, so why don't I have the discussion with the billing
manager to see what makes sense and, then, we can have that discussion when we
bring it back and redraft it.
Zaremba: Okay.
De Weerd: Okay. Next item.
Nary: The next item is the Solid Waste Advisory Commission. We told you, Council,
when the new ordinance was created for the automated collection there already was a
provision in the existing ordinance that there was a committee or commission existed to
hear citizen concerns, citizen issues, to address fees, to address programs, so,
basically, what we felt is that we have had this committee for X number of years that's
been somewhat fluid in membership and we felt that if we are going to have something
established, we'd just establish it like every other commission in the city, by ordinance,
predominately citizen members, you may have some staff on it, but predominately
citizens to be a part of it and this would, basically, just encapsulate what we have been
doing. Again, this is not urgent to approve tonight. You want to have some time to
review it. Really this -- our intent was to have another Solid Waste Advisory Committee
meeting in September, both in anticipation of SSC's annual fee increase that they are
entitled to bring to you and also discuss how automated collection has gone. So, if we
want to put something in place, you know, September is probably fine. So, we can
bring this thing this next month as well, so there is no urgency. I just want you to have
some time to review it, see if there is anything you would like to see changed and,
again, we can have that discussion offline.
De Weerd: Bill, in looking at the seats, do we have a full committee?
Nary: Do we now?
De Weerd: Uh-huh.
Nary: Well, we didn't have because we have most of these city staff, but we have at
least three citizens that have expressed interest. Two currently and one that was at that
recent town hall meeting. So, we have had at least three citizens, I think, that would be
interested in being on this group.
Meridian City Council Workshop
July 13, 2010
Page 55 of 59
De Weerd: And in that -- I don't have mine up. In that how many citizens do you have
on that group? I don't want it to just all be city staff.
Nary: No. It's up -- it's a minimum of five, up to nine. It has a youth member
component. Another factor on the other board of adjustment, we did not put a youth
member by intention. We felt if you were a citizen and was concerned about your bill
and you have a 15 -year-old kid making that decision in front of you, that probably
wouldn't feel right, so -- but we did for this commission. There is a seat for a -- there is
a seat for a youth member, for a Public Works person, and a person from my staff and
the rest could be all citizens and that's it. So, there is only two city staff designated and
the rest could be citizens. The utility billing didn't --
Hoaglun: Madam Mayor --
Nary: Oh. Excuse me. Utility billing is a member. I'm sorry.
Hoaglun: Right. Yeah. Utility billing director or their designees, Public Works and city
attorney and at least two, but no more than three Meridian citizens.
Nary: Yeah. And we could change that. I think what she did is we cut and pasted that
out of another one since the maximum is nine. Those numbers wouldn't add up, so you
could actually have more, because you have -- if you had three city staff, a youth
member, that would leave five spaces for citizens.
De Weerd: Yes. No more than five.
Nary: Yes.
Zaremba: Madam Mayor, when you say five through nine, do you want it to be an odd
number, five through nine? Five, seven, or nine? Or are even numbers okay?
Nary: You know, I have never been on any of these very often that they have a tie.
Zaremba: Okay.
Nary: We actually kind of did when we went to the automated collection where we have
half the group wanted fully automated, half the group was willing to do the can tags, but
that's a rarity. So, if it is an even number for a period of time with six, it's probably not
going to impact it.
De Weerd: And Council still decides anyway.
Rountree: True.
Nary: Yeah. And this would be like any other commission, they would make a
recommendation and Council would still be the one approving it, so --
Meridian City Council Workshop
July 13, 2010
Page 56 of 59
De Weerd: Okay. Thank you.
Nary: The last one. I think it's still under Mr. Barry's time. The last one is the mobile
sales unit. We have had some clean-up things, a couple of different things. One of
them was this was prompted by the Council direction to take the car wash provision out
for schools and make it for fundraising activities, so that was one of the changes that we
included in this. But also we wanted to write some clarity into the licensing part. Right
now it says if you have any prior criminal convictions, then, you could be denied a
license. Sometimes it makes sense, but sometimes it could be a ten year old conviction
for inattentive driving and the person needs a license to sell vacuum cleaners door to
door. Didn't really have a real relationship to it. So, try to create some relationships so
certain offenses are always going to disqualify you from having a license. This has
been a positive thing, because we just had a recent -- a recent incident where the City
of Meridian denied a license to a mobile vendor that was using a vehicle, I don't think
it was an ice cream truck. Do you recall what it was? They had been granted a
license --
Holman: I don't remember.
Nary: -- by the City of Nampa, because they only do a local check. We do a national
check. So, we denied them. They got a license in Nampa. They were, actually, a
convicted sex offender. So, this is just trying to create some clarity.
De Weerd: They got a license in Nampa?
Nary: Yeah. Well, now Nampa is going through the process.
Zaremba: Mobile massage parlor.
Nary: So, this is, again, just trying to provide --
Bird: You had to be on Emerald or Orchard in Boise.
Nary: This is trying to provide some clarity into the background checks that are required
and what disqualifies you from having a license and what doesn't.
De Weerd: How do you know what --
Nary: To make sure it's related to what you're doing.
Bird: I worked there for years.
Holman: And Madam Mayor?
De Weerd: Yes.
Meridian City Council Workshop
July 13, 2010
Page 57 of 59
Holman: It would help us if our office could have some clarification or a section of the
code that we could point people to, because oftentimes we get people in our office who
are filling out these applications and they want to know what disqualifies them and we
are certainly not qualified to tell them what's -- you know, what that is. So, if we could
guess have something --
Nary: It would be nice to be able to say if you have to ask the question you're probably
not going to pass. But the reality is we need to give them some clarity. Also what Mrs.
Kane did in the redraft -- under the current ordinance it says you can appeal to the
district court. The Idaho Supreme Court has already made a determination that city
ordinances are not appealable to the district court. So, we want to remove that
provision. City Council is the only appeal and that's it. They simply have had issues
with insurance requirements. We have required auto insurance from people that don't
use automobiles. We have had old insurance misdemeanor offenses that have
disqualified people who are using an automobile. So, we want to make sure it's
consistent all the way through. Again, there is a fee exception for school and youth
organizations for fundraisers. I wanted to make sure we have had some and it's
probably -- the burden is really put on the clerk, so we have people that have to get a
temporary license for a special event and, then, they have to get a second license or
they think sometimes they have to have a second license. We want to make it more
streamlined so you get one license for an activity, not two or three different ones. So,
again, those are things that we tried to clean up.
Hoaglun: Madam Mayor. Bill, I was trying to find the section -- I must have gone past it
-- on that for the car wash for the youth.
Nary: Uh-huh.
Hoaglun: And I can't find it again. Do you know what section that is? What page that
might be?
Nary: Oh.
Holman: Section 343, looks like A-14. Oh. Page 15 of your 39 pages.
Rountree: It's highlighted. 14-C.
Hoaglun: Okay.
Rountree: On page 15.
Hoaglun: Where the applicant is seeking a temporary use permit for a temporary unit
for the purpose of conducting fundraising activities for a school or youth organization.
When I read that the first time I thought -- I thought of a potential school or youth -- right
now I can't remember what it was when I read it. I think that covers that. But I thought I
Meridian City Council Workshop
July 13, 2010
Page 58 of 59
had an organization that could be in that, I think that covers it. If I think of it I will -- I will
call you, but -- so, any fundraising activity for a school or youth organization.
Nary: Yes. There is a provision about parking. I wanted to make sure it's clear that
they -- that the person that has a -- they are requesting a TUP, that they have adequate
parking for what is their principally permitted use on the site and the temporary uses.
think this came out of the discussions about the ice rink last year making sure that both
are not just borrowing the parking from every other use on the site. And I think the last
one -- there is some UDC amendments that will come through it appears from the
Planning Department that will clarify some of those issues as well. But I think it really is
intended here just, again, make some -- some clarity, you know, as we expected, a
fairly lengthy ordinance that we put in place a couple years ago, there is always some
things we find. There is plenty of -- there is, again, not an urgency. If you would like,
because it's so lengthy, to, again, bring it back for your August 10th meeting, if you had
changes or anything else and, then, we could put it on and we could get it done by the
end of August that should be fine.
Bird: I would be for that, Mayor.
De Weerd: Okay. Okay. Very good.
Rountree: Okay. Thank you.
Item 9: Ordinances
A. Ordinance No. 10-1451: RZ 08-006 Lanark Property
Annexation
De Weerd: Thank you. Okay. We are at Item 8-A and I will ask the City Clerk to,
please, read this ordinance 10-1451 by title only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance 10-1451, an ordinance
RZ 08-006, Lanark property, for annexation of a track of land situated in Lots 1 and 2,
Block 2, of the Olson and Bush Industrial Park Subdivision and a portion of Lanark
Street and Eagle Road located in a portion of the southeast one quarter of the
southeast one quarter of Section 8, Township 3 north, Range 1 East, Boise Meridian,
Ada County, Idaho, as described in Attachment A and annexing certain lands and
territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate
limits of the City of Meridian, as requested by the City of Meridian, establishing and
determining the land use zoning classification of said lands from I -L, Light Industrial
District, to C -G, General Commercial District, in the Meridian City Code, providing that
copies of this ordinance shall be filed with the Ada County assessor, the Ada County
recorder, and the Idaho State Tax Commission, as required by law, and providing for a
summary of the ordinance and providing for a waiver of the reading rules and providing
an effective date.
Meridian City Council Workshop
July 13, 2010
Page 59 of 59
De Weerd: Seeing that there is no members of the public that would want this read in
its entirety, I would ask Council for a motion.
Bird: Madam Mayor?
De Weerd: Mr. Bird?
Bird: I move we approve ordinance number 10-1451, with suspension of rules.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 8-A. Madam Clerk, will you
please call roll.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: I would entertain a motion to adjourn.
Rountree: So moved.
Hoaglun: Second.
De Weerd: All those in favor? All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 10:42 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR 6561MY De Weerd DATE APPROVED
of M�,,i
ATTEST:AL�,
J CEE . HOLMAN, CITY C Fo '
SEAL
CP1
�Q UST 1S'� • Q��`
MedWen City CouncH UmUng
DATE: July, 27, 9010 ITEM
PROD CT N1 M EfR
ITEM TITLE:
Request to Enter into Negotiations & Agreement with TRS Range Service for Design of
the Multi -Use Indoor Training Facility Design
MEETING NOTES
�� �Arrrwnr�ritr+r��r�rPlYrnrrr�rrrrr.r�rr�r�r I ir�1�1
CLERKS OF-FWE FtlYAL ACTION
U -1:W1,9 lam
EMMM w
EMMM w
E IDIAN--
QUALIFICATION RANKING SHEET
RFQ NAME: Indoor Multi Use Training Facility
RFQ NUMBER: PD -10-10190a
DUE DATE & TIME: June 16, 2010 4:00
VENDOR
TRS Range Services
1
LCA Architects
2
Makey Tookey
3
Design West
4
Erstad Architects
5
Peterson Staggs
6
CHD Architects
7
DELIQUENCY FOR TURN OFF
Schedule for July 14, 2010
Cycle 2
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
MAYOR: This letter attests to the fact that no water users have requested a pre-
termination hearing for July 13, 2010. Users having delinquent utility bills will be
shut off on July 14, 2010.
As of July 13 at 3:46pm:
The total amount past due is $19,966.48
The number of past due customers is 229
Karie A Glenn
Utility Billing Manager
RECEIVED
JUL 13 2010
Item 7.A — Gramercy (VAC -10-004)
CITY OFCVg u��aiv�
Location: The subject property is located on the south side of E. Overland Road, midway i%idG %M%fenue
and S. Bonito Way.
Application: Easement Vacation
History:
• In 2006, the Gramercy development was annexed and zoned (AZ -06-021) C -G and R-15 and preliminarily
platted (PP -06-019) for 64 single family detached residential lots, 24 alley loaded/attached single family
residential lots, 9 multi -family residential lots, 25 common lots, and 32 commercial lots on 77.66 acres. As
part of that approval, a development agreement was required and approved; recorded as instrument
#106141056.
• A final plat (FP -06-048) was approved for 50 residential lots, 32 commercial lots, one city park lot and 21
common lots on 62.01 acres.
• In 2010, a property boundary adjustment (PBA -10-004) was approved to reconfigure lot 10 and lot 13 for
future construction of Broadview College.
Highlights of the Request: The applicant is requesting approval to vacate three (3) 20 -foot by 20 -foot public water
and sewer easements on Lots 1 and 2; Lot 2 and Lot 10, Block 2 recorded with Gramercy Subdivision No. 1. The
subject property is the future home of Broadview College and the location of the building conflicts with the platted
easement the spans the shared lot line of lot 1 and lot 2. Futures services will be provided to the proposed building
from the sewer and water easement platted on Lot 7 and Lot 8, Block 2.
The two other platted water and sewer easements (platted on Lot 2 and Lot 10) are not needed to serve the
development. Public works has requested the applicant abandon all services not being utilized.
Outstanding Issue(s) for City Council: None
Written Testimony: None
Staff Recommendation: Approval
Notes:
DATE:
E -MAR" TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
-7114
7/1 't
-rfl Sl�Urrt@ ,, _�rtj�Ksap
4-�
E IDIAN1.1,.1
DA
H 0
July 1, 2010
Duncan Grandin
318 E. Pine Ave.
Meridian ID 83642
Dear Mr. Grandin,
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
On behalf of the City of Meridian, congratulations on the selection of the artwork
of Boise Camera Club for display in Initial Point Gallery.
Enclosed please find a proposed Acceptance Agreement describing the specific
terms and conditions of the display of the photographs of Boise Camera Club in Meridian
City Hall. Please review this document carefully and discuss it with your legal counsel if
you wish. If all of the terms set forth in the proposed agreement are acceptable to you
and to the governing board of Boise Camera Club, please sign it in the presence of a
notary and return the original, notarized document to me at the address below by 12:00
p.m. (noon) on Thursday, July 8, 2010. There is a notary in my office; if you would
like to utilize that service, please give me a call and we can schedule a time for you to
sign the agreement in her presence.
If you have any questions or concerns about this proposed agreement, please feel
free to contact me. Thank you for your attention to this matter; I look forward to hearing
from you.
Sincerely,
Emily Kane
Deputy City Attorney
33 E. Broadway Ave.
Meridian, Idaho 83642
Phone: (208) 898-5506
ekane@meridiancity.org
ACCEPTANCE AGREEMENT:
DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL
This ACCEPTANCE AGREEMENT: TERMS AND CONDITIONS OF DISPLAY
OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement")
is made this 13th day of July, 2010 (`Effective Date"), by and between the City of Meridian, a
municipal corporation organized under the laws of the State of Idaho ("City"), and Duncan
Grandin ("Organizer"), an individual person authorized to represent and bind Boise Camera
Club, Inc., a general nonprofit corporation incorporated under the laws of the State of Idaho,
whose address is P.O. Box 7121, Boise, Idaho. (City and Organizer may hereinafter be
collectively referred to as "Parties.")
WHEREAS, the City desires that public art will be a component of Meridian City Hall
and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as
Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on
the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian,
Idaho ("Initial Point Gallery");
WHEREAS, in response to the Call to Artists, Organizer did submit a proposal,
comprised of the materials attached hereto as Exhibit B, for the display of artwork in Initial Point
Gallery;
WHEREAS, on December 3, 2009, the Meridian Arts Commission ("Commission")
reviewed the responses to the Call to Artists, selected Organizer's proposed exhibition for
display based on the submitted proposal, and recommended to the Meridian City Council that an
exhibition of the artwork of the members of Boise Camera Club, Inc. ("Artists"), as depicted in
the proposal, be displayed in Initial Point Gallery in or around July 16, 2010 to August 13, 2010;
WHEREAS, at its regular meeting on January 19, 2010, the Meridian City Council
adopted such recommendation and directed the Commission to work with Artist to establish a
display of Artist's artwork in Initial Point Gallery; and
WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of
public business, that Initial Point Gallery is a public place, and that while the City seeks to
encourage artistic expression and public dialogue, the City must simultaneously ensure that
Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and
perspectives feel welcome and comfortable;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, the Parties agree as follows:
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 1 of 7
I. WARRANTY OF AUTHORITY
Organizer expressly warrants that, to the extent set forth herein, he is duly authorized to act as
the representative and agent of Boise Camera Club, Inc. and its officers and principals,
including, but not limited to, Artists. Organizer further warrants that he is authorized to bind
Boise Camera Club, Inc. and its principals to the obligations set forth herein, and to accept
the liabilities as established herein on behalf of Boise Camera Club, Inc. and its principals,
including, but not limited to, Artists.
H. SCOPE OF SERVICES.
Organizer shall personally deliver to Initial Point Gallery, on Friday, July 16, 2010, at 9:00
a.m., or at such date and time as is mutually agreed-upon by Organizer and the Gallery
Curator, approximately thirty-six (36) framed photographs. Organizer shall be responsible
for hanging such artwork on July 16, 2010 at the direction of the Gallery Curator; Organizer
and Artists shall allow the display of such work in Initial Point Gallery from July 16, 2010 to
August 13, 2010 in accordance with the terms of this Agreement; and Organizer shall be
responsible for removal of such artwork on August 13, 2010, at 9:00 a.m., or at such time and
date as is mutually agreed-upon by the Organizer and the Gallery Curator.
III. COMPENSATION AND SALE OF ARTWORK.
A. No compensation. Organizer shall display Artists' artwork in Initial Point Gallery at the
pleasure of the Meridian City Council. City shall not provide compensation to Organizer
or to Artists for services, work, and/or any activity undertaken pursuant to or related to
this Agreement.
B. Sale of artwork. Organizer or Artists may, at the direction of and in the manner
established by the Gallery Curator, passively offer the artwork on display in Initial Point
Gallery for sale. No price shall be displayed on or be proximate to any artwork on display
in Initial Point Gallery. City personnel shall not be asked to facilitate in any way the sale
of work displayed in Initial Point Gallery; any transaction related to the sale of artwork
shall be handled solely by Organizer. Organizer acknowledges the Commission's request
that Artists voluntarily donate to the Commission twenty percent (20%) of proceeds from
any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of
artwork on display in Initial Point Gallery, Organizer may remove such artwork from the
Gallery, provided that Organizer shall replace the removed piece with another piece of
artwork within twenty-four (24) hours of such removal. Organizer shall coordinate the
removal, replacement, and/or substitution of any and all artwork with the Gallery Curator
prior to such activity.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 2 Of 7
IV. TIME OF PERFORMANCE.
Organizer shall provide services described in this Agreement in a timely manner, as described
herein. Organizer acknowledges and agrees that time is strictly of the essence with respect to
this Agreement, and that the failure to timely perform any of the obligations hereunder shall
constitute a default of this Agreement.
V. INSTALLATION.
A. Coordination with Curator. Prior to the installation, removal, replacement, and/or
substitution of the display in Initial Point Gallery or any portion or component thereof,
Organizer shall coordinate any and all such activity with the Gallery Curator.
B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City
may inspect and/or review the artwork proposed by Organizer and/or Artists for display in
Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists
attached hereto as Exhibit A, and the Application and Acknowledgements Form attached
hereto as Exhibit B, as well as to ensure that such artwork may be safely and appropriately
displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the
display or any portion or component thereof does not meet the criteria set forth in
Exhibits A and B, does not reflect artwork as described and depicted therein, or cannot be
safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the
City may require the immediate removal of such artwork from Initial Point Gallery.
Further, the Gallery Curator or the City may require the immediate removal of such
artwork from Initial Point Gallery where such removal serves the best interest of the City.
VI. DISPLAY.
A. Original artwork. Organizer warrants that any and all artwork provided by Artists for
display in Initial Point Gallery shall be, and is, original work conceived and created by
Artists.
B. Photographs of artwork. City may photograph the artwork displayed in Initial Point
Gallery for purposes of advertising, marketing, and public information. Where
practicable and to the extent of City's authority, the Artist shall be acknowledged on each
such photographic reproduction to be the creator of the original subject thereof, provided
that photographic reproductions of artwork shall not be identified as or represented to be
the finished artwork.
C. Use of name. Organizer hereby conveys to City permission to use the name(s) of
Organizer, Artists, and/or Boise Camera Club, Inc. for purposes of advertising,
marketing, and public information, without violation of Organizer's, Artists', or the Boise
Camera Club, Inc.'s respective rights of privacy or any other rights Organizer, Artists, or
the Boise Camera Club, Inc. may possess under this Agreement, provided that City shall
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 3 of 7
not use Organizer's, Artists', or the Boise Camera Club, Inc.'s logo(s), if any, for any
purpose without the express, written permission of Organizer or Artist, respectively.
D. Use of City's name. City hereby conveys to Organizer permission to use City's name for
purposes of advertising, marketing, and public information, without violation of City's
rights of privacy or any other rights City may possess under this Agreement, provided that
Organizer shall not use City's logo for any purpose without the express, written
permission of the Mayor's Executive Assistant.
E. Removal of artwork by City. City shall have the right to remove artwork from public
display at any time and for any reason. Such removal may be temporary or permanent in
nature. Where such artwork is or is intended to be removed from public display for
longer than forty-eight (48) hours, City shall notify Organizer in the manner set forth
herein. While it is intended that Organizer's exhibition will be displayed in Initial Point
Gallery for the period set forth herein, this period may be shortened by City for any
reason, with no prior notice to the Organizer.
F. Removal of artwork by Organizer. Organizer shall coordinate with the Gallery Curator
the removal, replacement, and/or substitution of any and all artwork prior to such activity,
whether such activity is necessary due to the sale of a piece or for any other reason.
G. Simultaneous display. City may elect to display the work of more than one artist or
organization in Initial Point Gallery at any time, at the City's sole discretion. The manner
and arrangement of the display(s) in Initial Point Gallery shall be determined by the
Gallery Curator.
VII. INDEMNIFICATION. WAIVER AND INSURANCE.
A. Indemnification. Organizer shall, and hereby does, indemnify, save, and hold harmless
the City and any and all of its employees, agents, volunteers, and/or elected officials from
any and all losses, claims, and judgments for damages or injury to persons or property,
and from any and all losses and expenses caused or incurred by Organizer, Artists, and/or
their servants, agents, principals, employees, guests, and/or business invitees.
B. Waiver. Organizer shall, and hereby does, waive any and all claims and recourse against
City, including the right of contribution for loss and damage to persons or property
arising from, growing out of, or in any way connected with or incident to Organizer's or
Artists' performance of this Agreement, whether such loss or damage may be attributable
to known or unknown conditions, except for liability arising out of the tortious conduct of
City or its officers, agents or employees.
C. Insurance Organizer's responsibility. City shall not provide insurance to cover loss,
theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity
undertaken by Organizer in the furtherance of Organizer's or Artists' rights or obligations
described herein. Insurance of the artwork; of Organizer's and Artists' person(s),
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 4 of 7
property, or interests; and/or that of Organizer's and Artists' employees, agents, or
principals shall be the sole responsibility of Organizer or Artists, respectively. Organizer
and/or Artists shall obtain all necessary insurance as may be required in order to protect
Organizer's and/or Artists' insurable interests as to all rights and obligations described
within this Agreement, including, but not limited to, liability insurance, automobile
insurance, worker's compensation insurance, and/or insurance of the artwork to be
displayed in Initial Point Gallery. Organizer shall bear any and all risks of, and actual:
loss of, theft of, and/or damage to the artwork prepared for, transported to, transported
from, installed or hung in, and/or displayed in Initial Point Gallery.
VIII. TERMINATION.
A. Termination for cause. If City determines that Organizer has failed to comply with any
term or condition of this Agreement, violated any of the covenants, agreements, and/or
stipulations of this Agreement, falsified any record or document required to be prepared
under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the
performance of this Agreement; or if either Party willfully or negligently defaults in, or
fails to fulfill, its material obligations under this Agreement; the other Party shall have the
right to terminate the Agreement by giving written notice to the defaulting party of its
intent to terminate, and shall specify the grounds for termination. The defaulting party
shall have twenty-four (24) hours after receipt of such notice to cure the default. If the
default is not cured within such period, this Agreement shall be terminated upon mailing
of written notice of such termination by the terminating party.
B. Termination without cause. City may immediately terminate this Agreement for any
reason at any time with no prior notice to Organizer.
C. Termination upon death or incapacity of Organizer. This Agreement shall
automatically terminate upon the death or incapacity of Organizer.
D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall
not be construed as a waiver of a breach of the same or any other provision hereof.
IX. GENERAL PROVISIONS.
A. Relationship of Parties. It is the express intention of the Parties that Organizer and
Artists are independent parties and not employees, agents, joint venturers, or partners of
City. Nothing in this Agreement shall be interpreted or construed as creating or
establishing the relationship of employer and employee between Organizer and City or
between Organizer and any official, agent, or employee of City. Nothing in this
Agreement shall be interpreted or construed as creating or establishing the relationship of
employer and employee between any Artist and City or between any Artist and any
official, agent, or employee of City. Organizer and Artists shall retain the right to
perform services for others during the term of this Agreement.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 5 Of 7
Meridian Commission
Cat( for Artists: 2010 INITIAL POINT GALLERY SERIES
OVERVIEW:
The Meridian Arts Commission (MAC) seeks proposals for the 2010 Initial Point Gallery Series, a series of one-month
exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E.
Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides
120 feet of total wall space -60 feet on either side of a generous space; featured artists or organizations must be
prepared to fill all or half of the gallery with their works. MAC requests that artists voluntarily donate to MAC 20% of
proceeds from works sold due to their display in Initial Point Gallery.
ELIGIBILITY:
The 2010 Initial Point Gallery Series is to be comprised of professional -quality, ready -to -hang, two-dimensional,
original art that is conceived and created by artists who live or work in Idaho's Treasure Valley. Artwork on paper must
be under glass or acrylic. No piece will be displayed which: cannot be safely hung using the gallery's system; requires
unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public.
Each piece to be displayed will be evaluated for its compliance with these general requirements. Selected artists or
organizations will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of
display. Please note that applicants whose proposals are accepted for exhibition may re -apply every other year.
PROPOSAL REQUIREMENTS:
Artists or organizations wishing to display work in the 2010 Initial Point Gallery Series must provide the following
materials and information to MAC in order to be considered for selection.
• Completed, signed Application It Acknowledgements form;
• Biography of the artist or informational statement regarding organization;
• Letter of intent;
• Five (5) digital images representational of the works proposed for display, on a CD (for organizations, please ensure
that each image is of a different artist's work); and
• $35 gallery maintenance fee (nonrefundable).
Details and forms are available at the City's website, http://www.meridiancity.org or by e-mail request to
mac@meridiancity.org. Materials submitted for consideration cannot be returned.
DEADLINE:
All proposals must be received by MAC by 5:00 p.m. on Friday, November 20, 2009.
SELECTION PROCESS:
The selection of art for the 2010 Initial Point Gallery Series will be made by MAC. MAC will notify a selected artist or
organization that their work has been chosen for display in Initial Point Gallery by letter sent U.S. Mail. In reviewing
eligible proposals or portfolios, the following factors will be considered:
• Quality of work;
• Appropriateness of subject and concept for a functioning government workplace;
• Consistency with City policy and community values; and
• Contribution to aesthetic and cultural atmosphere of Meridian City Hall.
RESOURCES PROVIDED UPON SELECTION:
The City of Meridian will provide selected artists/organizations with the following resources:
• Skilled, experienced volunteers to assist with hanging and taking down each piece of artwork;
• Track system for hanging art, using wires that are attached to hooks;
• Space for artist information and/or an information board; and
• Publicity of the exhibit through local media and other informational forums.
CONTACT MAC: By mail: Meridian Arts Commission
Attn: 2010 Initial Point Gallery Series
33 East Broadway Avenue
Meridian ID 83642
By e-mail: mac@meridiancity.org
Exhibit B
4 10
Meridian Commission
Application £t Acknowledgments: 2010 INITIAL POINT GALLERY SERIES
ARTIST/ORGANIZER CONTACT INFORMATION:
Check one: ❑ 1 am submitting this form as an individual artist.
Q I am submitting this form on behalf of an organization.
Artist/Org. Name:
Organizer name:
E-mail address:
Mailing Address:
Physical Address:
Phone numbers:
Day: W T g- G X 9 S Evening: Cell:
APPLICATION OVERVIEW:
Check one: ❑ I/we propose to fill one half of Initial Point Gallery with artwork.
IR I/we propose to fill the entire Initial Point Gallery with artwork.
Number of pieces: Average size of pieces: %G —,� O
APPLICATION MATERIALS:
M Completed, signed Application fx Acknowledgements Form
❑ Biography of artist or informational statement regarding organization, no longer than one 8% x 11" page;
❑ A letter of intent, describing:
• Artist/Organization's vision for and/or theme of the proposed display;
• Number, dimensions, prices, and medium or media utilized in the works to be displayed;
• Any publicity that the Artist/Organization plans to undertake if selected; and/or
• Any atypical issues or challenges regarding hanging or display of the works proposed for display.
�L9 Up to five digital images representational of the artist's/organization's work on a CD, resolution of 300 dpi at a
minimum size of 5x7", in . jpg format. Please name each image file with artist's last name or organization name
and the title of the work (e.g.: name. titte.jpg). Materials submitted will not be returned. Damaged or non-
compliant CDs and/or images will not be considered. Images will not be accepted via a -mail.
❑ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable.
HANGING INFORMATION:
Initial Point Gallery is equipped with a track system for hanging exhibits. Artwork displayed in the gallery will be hung
from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on
the side rails on the back of the frame, as illustrated below. Wires or eyehooks may not be used for hanging, and clip
frames are not allowed. The D -rings should be approximately a quarter of the distance of the total frame height from
the top fo the frame, in order to avoid slanting away from the wall.
APPLICATION AND ACKNOWLEDGEMENTS - 2010 INITIAL POINT GALLERY SERIES PAGE 1 OF 2
ACKNOWLEDGMENTS:
I, 'z2c� Al 9y , hereby acknowledge the following stipulations and agree that if my/my
organization's art Ark is selected for display at Initial Point Gallery, such display shalt occur subject to these general
terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate,
written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that:
5;ig A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance
Agreement with the City of Meridian establishing the specific terns and conditions of the display of the
particular works displayed.
B.
If my work is selected for display in initial Point Gallery, the City of Meridian and its agents will
exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but
cannot and wilt not assume liability for any loss or damage.
C.
Any insurance of the art work displayed in Initial Point Gallery shalt be the sole responsibility of the
artist. The City of Meridian shalt not provide insurance to cover loss, theft, or damage of artwork
displayed in Initial Point Gallery.
X, D.
While art work displayed in Initial Point Gallery may be passively offered for sale by means of an
informational table, board, or handout as provided or allowed by the City of Meridian, no piece
displayed in Initial Point Gallery may have a visible price tag.
E.
White it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month
period, this period may be shortened by the City of Meridian for any reason, without notice to the _
artist or organization.
F.
The City may display the work of more than one artist or organization in Initial Point Gallery at any
time, at the City's sole discretion.
G.
Art work submitted for display in initial Point Gallery must be original works conceived and created
by the artist (or by artist members of the organization) submitting this application.
H. Meridian City Halt is primarily a place of public business and Initial Point Gallery is a public place. The
City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that
City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel
welcome and comfortable. To this end, only artists and art work meeting the eligibility standards
described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be
displayed in Initial Point Gallery.
I do acknowledge and understand each and ail of the foregoing stipulations and do agree to these general terms and
conditions.
Signature: �"^��✓v Print name: U /V C)a/y V71fQ 1V' 1 Ai
Date:
To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required
materials and fee, via U.S. mail, to:
Meridian Arts Commission
Attn: Initial Point Gallery
33 East Broadway Avenue
Meridian ID 83642
Thank you for your interest!
APPLICATION AND ACKNOWLEDGEMENTS - 2010 INITIAL POINT GALLERY SERIES PAGE 2 of 2
Mein City CouscileMsetIng
DATE: E44AH"TO SENT TO BENT TO N011E$ PHTIALS
STAFF AGENCY APPUCANT
Mot tICA
A r1Gl t (�rrt�ngt
E IDIAN�-
Public IDAHO
00;
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Roxanne Holland, ETT
Staff Engineer
DATE: July 1, 2010
Mayor Tammy de Weerd
City Ceandl Mem be"s
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WITH
STAR CONSTRUCTION, LLC. FOR THICKENED WASTE ACTIVATED
SLUDGE (TWAS), CENTRATE, SLUDGE PIPING MODIFICATION
CONSTRUCTION FOR A NOT -TO -EXCEED AMOUNT OF $218,955.00
I.
9
(NEXT AVAILABLE CONSENT AGENDA)
RECOMMENDED ACTION
A. Move to:
1. Approve the Agreement with
Sludge Piping Modification
$218,955.00; and
Star Construction, LLC. for TWAS, Centrate,
Construction in a not to exceed amount of
2. Authorize the Mayor to sign the agreement.
DEPARTMENT CONTACT PERSONS
Roxanne Holland, Staff Engineer (Project Manager)
Clint Dolsby, Asst. City Engineer
Warren Stewart, PW Engineering Manager
Tom Barry, Director of Public Works
Page I of 3
4890347
489-0341
489-0350
489-0372
4
IV.
V.
DESCRIPTION
A. hack mund
The thickened waste activated sludge (TWAS) pumps are experiencing excessive
vibration, reduced pumping capacity, and reduced hose life.
The centrate pump station carries centrate (water from the biosolids dewatering process)
from the centrifuge to the front end of the treatment plant to help reduce nutrient
concentration prior to discharge. Currently, the system is not set up to allow adequate
flow control by plant staff to equalize the nutrient loading for additional treatment which
puts a strain on the biological treatment systems to achieve nitrogen reduction. The
centrate holding tank was also found to have areas of corrosion.
B. Proposed Protect
This project includes the installation of yard piping modifications to the existing centrate
lines, adding a new pump to the centrate pump station, mechanical upgrades to the
TWAS pump station, piping and equipment upgrades to the digestion system, with
associated miscellaneous mechanical, instrumentation and electrical improvements.
The installation of a new centrate pump, along with the piping modifications, will allow
metered pumping from the centrate tank to the front end of the treatment plant, which
will help balance nutrient loadings.
C. Contractor Selection
Star Construction, LLC. was the lowest bidder, has a Public Works Contractor license
and is qualified to complete the required work
E WPACT
A. Strategic Impact:
This project supports the Public Works Mission and Vision for strategic growth. The
improvements are responsive, innovative, and increase operational efficiencies, allowing
for improved control of centrate return flow.
B. Service/Delivery Impact:
The improvements will balance the loading of nutrients in the aeration basins which will
help control nutrient loadings in the effluent.
C. Fiscal Impact:
Project Costs:
Base Bid Amount (Not -to -exceed)
Total Costs
Project Funding
TWAS Pumping and Centrate System Improvements (3590-96146)
Total Funding
TIM CONSTRAINTS
Page 2 of 3
$218,955.00
$218,955.00
$218.955.00
$218,955.00
The TWAS, Centrate, Sludge Piping Modifications Construction project has an expected
completion date of October 2010. Council's approval of the agreement is critical to meet this
projected timeline.
VI. LIST OF ATTACEMNTS
A. Agreement for Indepen ent Con c r Services
Approved for Council A
Page 3 of 3
71to lz 19
ate
AGREEMENT
FOR
INDEPENDENT CONTRACTOR SERVICES
TWAS, CENTRATE, SLUDGE PIPING MODIFICATION PROJECT
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this L3 day of
2010, 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 Star Construction.
LLC., hereinafter referred to as "CONTRACTOR", whose business address is 11184
Hwy 44, Star, ID 83669 and whose Public Works Contractor License # is C14428 -AAA -
4
INTRODUCTION
Whereas, the City has a need for services involving TWAS, Centrate.
Sludge Piping Modification Project; and
WHEREAS, the Contractor is specially trained, experienced and
competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
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 comply 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 amendments that may be agreed to in writing by the parties.
1.2 All documents, drawings and written work product prepared or
produced by the Contractor under this Agreement, including without
limitation electronic data files, are the property of the Contractor; provided,
however, the City shall have the right to reproduce, publish and use all
such work, or any part thereof, in any manner and for any purposes
TWAS, CENTRATE, SLUDGE PIPING MODIFCATION PROJECT — page 1 of 12
PW -10-101488
whatsoever and to authorize others to do so. If any such work is
copyrightable, the Contractor may copyright the same, except that, as to
any work which is copyrighted by the Contractor, the City reserves a
royalty free, non-exclusive, and irrevocable license to reproduce, publish
and use such work, or any part thereof, and to authorize others to do so.
1.3 The Contractor shall provide services and work under this
Agreement consistent with the requirements and standards established by
applicable federal, state and city laws, ordinances, regulations and
resolutions. The Contractor represents and warrants that it will perform its
work in accordance with generally accepted industry standards and
practices for the profession or professions that are used in performance of
this Agreement and that are in effect at the time of performance of this
Agreement. Except for that representation and any representations made
or contained in any proposal submitted by the Contractor and any reports
or opinions prepared or issued as part of the work performed by the
Contractor under this Agreement, Contractor makes no other warranties,
either express or implied, as part of this Agreement.
1.4 Services and work provide by the contractor at the City's request
under this Agreement will be performed in a timely manner in accordance
with a Schedule of Work, which the parties hereto shall agree to. The
Schedule of Work may be revised from time to time upon mutual written
consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on a Lump Sum basis as
provided in Attachment B "Payment Schedule" attached hereto and by
reference made a part hereof for the Not -To -Exceed amount of
$218,955.00
2.2 The Contractor shall provide the City with a monthly statement, as
the work warrants, of fees earned and costs incurred for services provided
during the billing period, which the City will pay within 30 days of receipt of
a correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment
made by City to Contractor under the terms and conditions of this
Agreement. Payment of all taxes and other assessments on such sums is
the sole responsibility of Contractor.
TWAS, CENTRATE, SLUDGE PIPING MODIFCATION PROJECT - page 2 of 12
PW -10-101488
2.3 Except as expressly provided in this Agreement, Contractor shall
not be entitled to no receive from the City any additional consideration,
compensation, salary, wages, or other type of remuneration for services
rendered under this Agreement., including , but not limited to, meals,
lodging, transportation, drawings, renderings or mockups. Specifically,
Contractor shall not be entitled by virtue of this Agreement to
consideration in the form of overtime, health insurance benefits,
retirement benefits, paid holidays or other paid leaves of absence of any
type or kind whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both
parties, and shall expire upon (a) completion of the agreed upon work, or
(b) unless sooner terminated as provided below or unless some other
method or time of termination is listed in Attachment A. This Agreement
shall terminate automatically on the occurrence of (a) bankruptcy or
insolvency of either party, or (b) sale of Contractors business.
3.2 Should Contractor default in the performance of this Agreement or
materially breach any of its provisions, City, at City's option, may
terminate this Agreement by giving written notification to Contractor.
3.3 Should City fall to pay Contractor all or any par of the
compensation set forth in Attachment B of this Agreement on the date
due, Contractor, at the Contractor's option, may terminate this Agreement
if the failure is not remedied by the City within thirty (30) days from the
date payment is due.
3.4 This Agreement shall terminate automatically on the occurrence of
any of the following events:
a. Bankruptcy of insolvency of either party;
b. Sale of Contractor's business; or
C. Death of Contractor
3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED
DAMAGES
Upon receipt of a Notice to Proceed, the Contractor shall have 90
TWAS, CENTRATE, SLUDGE PIPING MODIFCATION PROJECT — page 3 of 12
PW -10-101488
calendar days to complete the work as described herein. Contractor
shall be liable to the City for any delay beyond this time period In the
amount of five hundred dollars ($500.00) per calendar day. Such
payment shall be construed to be liquidated damages by the
Contractor in lieu of any claim or damage because of such delay and
not be construed as a penalty.
4. Termination:
If, through any cause, CONTRACTOR, its officers, employees, or agents
fails to fulfill in a timely and proper manner its obligations under this
Agreement, violates any of the covenants, agreements, or stipulations of
this Agreement, falsifies any record or document required to be prepared
under this agreement, engages in fraud, dishonesty, or any other act of
misconduct In the performance of this contract, or if the City Council
determines that termination of this Agreement is in the best interest of
CITY, the CITY shall thereupon have the right to terminate this Agreement
by giving written notice to CONTRACTOR of such termination and
specifying the effective date thereof at least fifteen (15) days before the
effective date of such termination. CONTRACTOR may terminate this
agreement 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 CONTRACTOR
under this Agreement shall, at 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 CITY 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 set-off until such
time as the exact amount of damages due the CITY from CONTRACTOR
is determined. This provision shall survive the termination of this
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 or agent of CONTRACTOR will be deemed an
TWAS, CENTRATE, SLUDGE PIPING MODIFCATION PROJECT -- page 4 of 12
PW -10-10148B
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.
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.
5.3 Contractor shall determine the method, details and means of
performing the work and services to be provided by Contractor under this
Agreement. Contractor shall be responsible to City only for the
requirements and results specified in this Agreement and, except as
expressly provided in this Agreement, shall not be subjected to City's
control with respect to the physical action or activities of Contractor in
fulfillment of this Agreement. If in the performance of this Agreement any
third persons are employed by Contractor, such persons shall be entirely
and exclusively under the direction and supervision and control of the
Contractor.
6. Indemnification and Insurance:
CONTRACTOR shall indemnify and save and hold harmless CITY from
and for any and all losses, claims, actions, judgments for damages, or
injury to persons or property and losses and expenses and other costs
including litigation costs and attomey's fees, arising out of, resulting from,
or in connection with the performance of this Agreement by the
CONTRACTOR, its servants, agents, officers, employees, guests, and
business invitees, and not caused by or arising out of the tortuous conduct
of CITY or its employees. CONTRACTOR shall maintain, and specifically
agrees that it will maintain, throughout the term of this Agreement, liability
insurance, in which the CITY shall be named an additional insured in the
minimum amounts as follow: General Liability One Million Dollars
($1,000,000) per incident or occurrence, Automobile Liability Insurance
One Million Dollars ($1,000,000) per incident or occurrence and Workers'
Compensation Insurance, in the statutory limits as required by law.. The
limits of insurance shall not be deemed a limitation of the covenants to
indemnify and save and hold harmless CITY; and if CITY becomes liable
for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold
harmless CITY from and for all such losses, claims, actions, or judgments
TWAS, CENTRATE, SLUDGE PIPING MODIFCATION PROJECT — page 5 of 12
PW -10-10148B
for damages or injury to persons or property and other costs, including
litigation costs and attorneys' fees, arising out of, resulting from , or in
connection with the performance of this Agreement by the Contractor or
Contractor's officers, employs, agents, representatives or subcontractors
and resulting in or attributable to personal injury, death, or damage or
destruction to tangible or intangible property, including use of.
CONTRACTOR shall provide CITY with a Certificate of Insurance, or
other proof of Insurance evidencing CONTRACTOR'S compliance with the
requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Contractor begins
performance of Its obligations under this Agreement. In the event the
Insurance minimums are changed, CONTRACTOR shall immediately
submit proof of compliance with the changed limits. Evidence of all
insurance shall be submitted to the City Purchasing Agent with a copy to
Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho
83642.
6.2 Any deductibles, self-insured retention, or named insureds must
be declared in writing and approved by the City. At the option of the City,
either: the insurer shall reduce or eliminate such deductibles, self-insured
retentions or named insureds; or the Contractor shall provide a bond,
cash or letter of credit guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
To the extent of the indemnity in this contract, Contractor's
Insurance coverage shall be primary insurance regarding the City's
elected officers, officials, employees and volunteers. Any insurance or
self-insurance maintained by the City, or the City's elected officers,
officials, employees and volunteers shall be excess of the Contractor's
insurance and shall not contribute with Contractor's insurance except as
to the extent of City's negligence.
The Contractor's Insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
6.4 All insurance coverages for subcontractors shall be subject to all of
the insurance and indemnity requirements stated herein.
6.5 The limits of insurance described herein shall not limit the liability of
the Contractor and Contractor's agents, representatives, employees or
subcontractors.
TWAS, CENTRATE, SLUDGE PIPING MODIFCATION PROJECT — page 6 of 12
PW -10-101488
7. Bonds: Payment and Performance Bonds are required on all Public
Works Improvement Projects.
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
Purchasing Agent
33 E. Broadway Avenue
Meridian, Idaho 83642
Star Construction. LLC.
Attn: Ancil Irminger
P.O. Box 157
Star Idaho. 83669
(,208) 286-9198
Cell: (208)867-7082
Idaho Public Works License #: 14428 -AAA -4
Either party may change their address for the purpose of this paragraph
by giving written notice of such change to the other in the manner herein
provided.
9. Attorney Fees: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, In
addition to any other relief as may be granted, to court costs and
reasonable attorneys' fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract
between the parties and shall survive any default, termination or forfeiture
of this Agreement.
10. Time Is of the Essence: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term,
condition and provision hereof, and that the failure to timely perform any
of the obligations hereunder shall constitute a breach of, and a default
under, this Agreement by the party so failing to perform.
TWAS, CENTRATE, SLUDGE PIPING MODIFCATION PROJECT — page 7 of 12
PW -10-101488
11. Assignment: It is expressly agreed and understood by the parties
hereto, that CONTRACTOR shall not have the right to assign, transfer,
hypothecate or sell any of its rights under this Agreement except upon the
prior express written consent of CITY.
12. Discrimination Prohibited: In performing the Work required herein,
CONTRACTOR shall not unlawfully discriminate in violation of any
federal, state or local law, rule or regulation against any person on the
basis of race, color, religion, sex, national origin or ancestry, age or
disability.
13. Reports and Information:
13.1 At such times and in such forms as the CITY may require, there
shall be furnished to the CITY such statements, records, reports, data and
information as the CITY may request pertaining to matters covered by this
Agreement.
13.2 Contractor shall maintain all writings, documents and records
prepared or compiled in connection with the performance of this
Agreement for a minimum of four (4) years from the termination or
completion of this or Agreement. This includes any handwriting,
typewriting, printing, photo static, photographic and every other means of
recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
14. Audits and Inspections: At any time during normal business hours and
as often as the CITY may deem necessary, there shall be made available
to the CITY for examination all of CONTRACTOR'S records with respect
to all matters covered by this Agreement. CONTRACTOR shall permit the
CITY to audit, examine, and make excerpts or transcripts from such
records, and to make audits of all contracts, invoices, materials, payrolls,
records of personnel, conditions of employment and other data relating to
all matters covered by this Agreement.
15. Publication, Reproduction and Use of Material: No material produced
In whole or in part under this Agreement shall be subject to copyright in
the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in
part, any reports, data or other materials prepared under this Agreement.
TWAS, CENTRATE, SLUDGE PIPING MODIFCATION PROJECT — page 8 of 12
PW -10-10148B
16. Compliance with Laws: In performing the scope of work required
hereunder, CONTRACTOR shall comply with all applicable laws,
ordinances, and codes of Federal, State, and local governments.
17. Changes: The CITY may, from time to time, request changes in the
Scope of Work to be performed hereunder. Such changes, including any
Increase or decrease in the amount of CONTRACTOR'S compensation,
which are mutually agreed upon by and between the CITY and
CONTRACTOR, shall be incorporated in written amendments which shall
be executed with the same formalities as this Agreement.
18. Construction and 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.
19. Waiver of Default: Waiver of default by either party to this Agreement
shall not be deemed to be waiver of any subsequent default. Waiver or
breach of any provision of this Agreement shall not be deemed to be a
waiver of any other or subsequent breach, and shall not be construed to
be a modification of the terms of this Agreement unless this Agreement is
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 attorney's 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. Order of Precedence: The order or precedence shall be the contract
agreement, the Invitation for Bid document, then the winning bidders
submitted bid document.
23. 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.
24. Approval Required: This Agreement shall not become effective or
binding until approved by the City of Meridian.
TWAS, CENTRATE, SLUDGE PIPING MODIFCATION PROJECT — page 9 of 12
PW -10-10148B
CITY OF MERIDIAN
BY:
TAMWEERD, MAYOR
Dated:7.13-110
Approved by City Council
Attest:
JAYCEE. HOLMAN, CITY CLE
STAR
Ate,.
ANCIL IRMINGER
Dated: % — 7 ^ .?QID
0f;;mF.Rj��.
RK SEAL
Approved as to Content "I'l��1COUNT`t • \\\\\ epartment Approval
1111rrn 11101
BY:
KEIT A , PURCH SIN) GAGENT
Dated: -7- 1 3 ! r1v
Approved as to Form
CITY ATTORNEY
B
NAME:
V
TITLE: �W r r c ko
Dated: 2 — 13 lzG( n
TWAS, CENTRATE, SLUDGE PIPING MODIFCATION PROJECT - page 10 of 12
PW -10-10148B
a , '
Attachment A
SCOPE OF WORK
The project includes yard piping modifications to the existing primary sludge lines,
adding a new pump to the centrate pump station, mechanical upgrades to the TWAS
pump station, piping and equipment upgrades to the digestion system, with associated
miscellaneous mechanical, instrumentation and electrical improvements.
REFER TO INVITATION TO BID PW -10-10148b
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS Included in the
Invitation to Bid Package # PW -10-10148b, are by this reference made
a part hereof.
TWAS, CENTRATE, SLUDGE PIPING MODIFCATION PROJECT — page 11 of 12
PW -10-101488
Attachment B
MILESTONE 1 PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$218,955.00.
TASK
DESCRIPTION
AMOUNT
1.
Yard piping, fittings, and valves (excluding centrate
$46,974.00
Yard i in
2. 1
Piping and valve modifications in the Digester No 1 and
$ 9,100.00
2 mechanical room
Piping, valves, instrumentation, and electrical
$35,140.00
3.
modifications in the Digester No 4 and 5 mechanical
room
4.
Isolation valve installation on Digester No 4 and 5
$ 2,500.00
ressuretvacuum relief valves
Piping, valves, Inlet stabilizers, and pipe support
5.
modifications in the DAFT No 2 TWAS pump station
$21,489.00
(excluding instrumentation and electrical per Bid
Altemative 1
Yard and pump station piping, valves, pump, pump
$97252.00
6.
install, instrumentation, and electrical modifications to
the Centrate Pumping System
7.
Allowance for unknown conditions
$ 5,000.00
8.
Stormwater Pollution Prevention
$ 1,500.00
TOTAL
$ 218,955.00
Travel expenses will be paid at no more than the City of Meridian's Travel and
Expense Reimbursement Policy.
TWAS, CENTRATE, SLUDGE PIPING MODiFCATION PROJECT — page 12 of 12
PW -10-10148B
Aferldifen City Council Ming
DATE: July 13, 2010 ITEM NUMBER 4C
PROJECT R:
ITS TITLE:
Modii7ed Development Agreement for Approval: MDA 09-001 Ambercreek Subdivision
No. 2
MEETING NOTES
Ilr IIWI}AII�AA�A��I111A�� I I��AIAA�III�iIIAAIA
ELATE:
Elia TO
SENT TO
SENT TO
NOTES ,
IN1T1A I.S
STAFF
AGENCY
APPUCANT
40 S+-�vp—
e-
4
�.
Le lot P ra 40CI W- S J,
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
COTES
INITIALS
-7--
'
_ `i
-
t _
4Y,�1 VSA` 'FID s� t -
C Fvl psi\ eC -
J
v
Mian City Conncit
DATE: E4MR" TO SENT TO SENT TO NOTES INITIALS
$TAFF AGEWY APPLICANT
WE IDIAN
�--
Public
IDAHO
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Steve O'Brien
DATE: 7/1/10
SUBJECT: Sewer Main Easement for Spurwing Greens Subdivision
RECOMMENDED ACTION
A. Move to:
1. Approve a Sewer Main Easement for the City of Meridian.
Mayor Tammy de Weerd
City Council Member s
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
This is for a short sewer main extension from Jaker's Subdivision to
Spurwing Greens Subdivision. A private drive is being constructed and the
sewer is being extended a short distance to get it out from under the new
drive. Eventually, the sewer will be extended to serve future developments.
2. Authorize the Mayor to sign the easement.
II. DEPARTMENT CONTACT PERSONS
Tom Barry, Director of Public Works
Bruce Freckleton, Development Services Manager
Scott Steckline, Land Development Supervisor
Steve O'Brien, Development Analyst II
Supervisor Appro�Sco�ttSte
Page I of I
489-0372
489-0362
489-0369
489-0371
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 07/14/10 12:14 PM
RDEPUTY Bnie
ECORDED -REQUEST OFg
Meridian City 110064696
SANITARY SEWER MAIN EASEMENT
THIS INDENTURE, made this 13 day of odW , 20 1 o between
Pacific Links, LLC , the parties of the first part, and hereinafter called the
Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter
called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer main right-of-way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be
constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said
pipelines from time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of-way for an easement for the operation and maintenance of sanitary
sewer. main over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer main and its allied facilities, together with maintenance, repair and replacement and
subsequent connection thereto of sanitary sewer mains at the convenience of the Grantee,
with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs, performing other maintenance or making subsequent connection to
the sanitary sewer main, Grantee shall restore the area of the easement and adjacent property
to that existent prior to undertaking such repairs and maintenance. However, Grantee shall
not be responsible for repairing, replacing or restoring ' anything placed within the area
described in this easement that was placed there in violation of this easement.
City of Meridian, Idaho
Sewer Main Easement Meridian-Sewer-Easement.doc
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the
right-of-way and easement hereby granted shall become part of, or lie within the boundaries
of any public street, then, to such extent, such right-of-way and easement hereby granted
which lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good and
lawful right to convey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR: PACIFIC LINKS, LLC
Joc Member
STATE OF IDAHO )
ss
County of Ada )
fi
On this I day of J Vii '20 10 , before me, the undersigned, a Notary
Public in and for said State, personally appeared Jock Hewitt known or identified to me to be a
member of the limited company that executed the within instrument, and acknowledged to me that
such limited company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
��Olf
sgD.OItve A�� 'h ARY P IC FOR IDAHO
(SQA R iding at•AM
I Di4 *0
Y
CommissionExpires 8'?JI-13
%�'vstiA ;••�����
149
City of Mefl4 so
Sewer Main Easement Meridian-Sewer-Easement.doc
GRANTEE: CITY OF MERIDIAN
Wo"
�—'�M'.-alz
Tammy d, Mayor ``\ ry ►►,,,.,.
A of EH/6v, '-
Attest b aycee L. Holman, City Clerk= SEAL
Approved By City Council On:
STATE OF IDAHO )
ss
County of Ada )
On this ! 3 day of , 20_ O ;before me, the undersigned, a Notary Public in
and for said State, personally appearEd TAMMY DE WEERD and JAYCEE L. HOLMAN, known
to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
�,....••
TARP PUMIC FO AHO
(SEAL) Residing at: YiurNo. i f)
Commission Expires: y; tDo t q
•••:fE OF ��••
••...•�
City of Meridian, Idaho
Sewer Main Easement Meridian-Sewer-Easement.doc
TEALEY'S. LAND 187 E. 50th Street.• Garden City, Idaho 83714
SURVEYING (208) 385-0636
M. Fax (208) 385-0696
Project. No.: 3428
Date; June 25, 2010
EXHIBIT "A"
DESCRIPTION
OF .'
CITY OF MERIDIAN SEWER MAIN EASEMENT
AT SPURWING GREENS TENNIS COURTS
A parcel of land being a portion of Lot 2, Block 1 of Spurwing Subdivision as on
file in Book 69 of Plats at Pages 7104 - 7108 in the Office of the Recorder for Ada
County, Idaho, lying in the SW 1/4 -of Section 23, TAN., R.4W„ B.M., Ada County,
Idaho, and more particulady'described as follows:
COMMENCING at the Southwest comer- of said Section 23 marked by an
aluminum cap; thence along the West line of said Section 23
North 00020'38" East 1734.78 feet.to-.the POINT OF BEGINNING; thence
continuing
North 00°20'38" East 30.00 feet to a point; thence leaving said West line
South 89039'47" East 33.45 feet to a point; thence
South 43010'28" East 54.24 feet to a point; thence at right angles
South 46049'32" West 20.00 feet to a point; thence at right angles
North 43010'28" West 31.86 feet to a point; thence
North 89°39'47" West 34.35 feet to the POINT OF BEGINNING,
Said parcel of land contains 1,878 square feet, more or less.
EXHIBIT "B"
CITY OF MERIDIAN SEWER EASEMENT AT
SPURWING GREENS TENNIS COURTS
A PORTION OF LOT 2, BLOCK 1, SPURWING SUBDIVISION,
LYING IN THE SW 1/4, SECTION 23, T.4N., R.M. B.M., ADA COUNTY, IDAHO
1/4 COR.
' 22 23
r1lia-
t.OT
3A'iKEIR HUB().- PHASE. 1
E.()i an, £3t:ocp ii
N.
0 25 50 100
SCALE IN FEET
1• = 50'
3428—sewer—eose.dwg 08-•25-10 09:00:42 JWargo
:E, £it.£)f:V 1,
:'sistmW11,10 St1£s£).
S 43°10'280 E
/ 54.24'
t.()T :1, '3LO£:K i.
:ipt9'tWj!•:(3 MAHE).
N BLVD. 22 23
►Y 20%26) 27 26
IrEALEY'S LAND SURVEYING
167 EAST 501h STREET 9-- GARDEN CITY. V. 83714
-- 206-385-0636 --
AAe
EN
DIAN�-
Public � DA H O
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Denny Cline
DATE: 7/6/10
Mayor Tammy de Weerd
City Council Members$
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: Sewer and Water Main Easement for The Courtyards at Ten Mile
Subdivision
I. RECOMMENDED ACTION
A. Move to:
1. Approve a Sewer and Water Main Easement for the City of Meridian,
located on site of The Courtyards at Ten Mile Subdivision, by Truce, LLC
This easement will provide The City of Meridian access to existing sewer and
water mains. The vacation of the existing easements for these mains is on City
Council Agenda July 6, 2010. (VAC -10-005 — The Courtyards at Ten Mile
Subdivision)
2. Authorize the Mayor to sign the easement and the City Clerk to attest it.
II. DEPARTMENT CONTACT PERSONS
Tom Barry, Director of Public Works
Bruce Freckleton, Development Services Manager
Scott Steckline, Land Development Supervisor
Denny Cline, Development Analyst II
Supervisor Approval -�
Scott Steckline
Page I of I
489-0372
489-0362
489-0369
489-0363
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E
BOISE IDAHO 07114/10 12:14 PM
DEPUTY Bonnie Oberbillip III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III
RECORDED -REQUEST OF 11064695
Meridian City
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this Ja day ofJU4 2010, between Truce, LLC, the parties of the first part, and
hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and
hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the
Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good
and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-
of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and
across the following described property:
(SEE ATTACHED EXHIBITS A, B and C)
The easement hereby granted is for the purpose of construction and operation of sanitary sewer and
water mains and their allied facilities, together with their maintenance, repair, replacement and
additional connection thereto of water or sanitary sewer mains at the convenience ofthe Grantee, with
the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors
and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
making repairs or performing other maintenance or making subsequent connections to the sanitary
sewer or water line, Grantee shall restore the area of the easement and adjacent property to that
existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible
for repairing, replacing or restoring anything placed within the area described in this easement that
was placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this
easement, which would interfere with the use of said easement, for the purposes stated herein.
The Courtyards at Ten Mile Sanitary Sewer and Water Main Easement
Page 1
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any public
street, then, to such extent, such right-of-way and easement hereby granted which lies within such
boundary thereof or which is a part thereof, shall cease and become null and void and of no further
effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed
of the aforementioned and described tract of land, and that they have a good and lawful right to convey
said easement, and that they will warrant and forever defend the title and quiet possession thereof
against the lawful claims of all persons whomsoever,
IN WITNESS WHEREOF, the said parties of the fust part have hereunto subscribed their signatures the day
and year first herein above written.
President of CMD, Inc.
Managing Member
STATE OF IDAHO )
ss
County of Ada )
-F On this day of 2010, before me, the undersigned, a Notary Public in and for
said State, personally appeared Douglas T. Campbell, known or identified to me to be the President of CMD,
Inc., Managing Member of Truce, LLC, the limited liability company that executed the within instrument, and
acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist
above written. Z /11)
NOTARY P __IW I
Residing at:
Commission Expires:
The Courtyards at Ten Mile Sanitary Sewer and Water Main Easement
Page 2
GRANTEE: CITY OF MERIDIAN
Of MER/'o
Tammy de a d, Mayor
SEAL
Attest by JQcee L. Holman, City Clerk
�'., '9� UST 1S'� ' `C \•`�
Approved By City Council On:
401111111111011%" 01111111111011%
STATE OF IDAHO )
) ss
County of Ada )
On this
s�Jday of �TDE
2010, before me, the undersigned, a NotaryPublic in and
for said State, personally appearWEERD and JAYCEE L. HOLMAN, known to me to be
the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within
instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
.•' 5ICA.d 4141.
(SEAL)
0�
4141 OF IDI`.•
'•4108•.•
N ARY P LIC AHO
ResAlimat Vita-,& I (7
Commission Expires:,_n Y, �4 Qw y
The Courtyards at Ten Mile Sanitary Sewer and Water Main Easement
Page 3
EXHIBIT A Section 11, UN., R.1 W., BM
These easements are portions of Lots 4 and 7, Block 1, The Courtyards at
Ten Mile Subdivision, are located in the Northwest 1/4 of the Southwest 114
of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada
County, Idaho, being firther described as follows:
BASIS OF BEARING:
The West line of the Northwest 1/4 of the Southwest 1/4 of Section 11,
Township 3 North, Range 1 West, Boise Meridian, derived from found
monuments and taken as South 00°42'44" West with a distance between
monuments to be 2646.35 feet.
EASEMENT 1:
COMMENCING at the Northwest corner of Lot 7, Block 1, The
Courtyards at Ten Mile Subdivision, found in Book 89 of Plats, at Page
10414, Ada County Recorder, which bears South 45°27109" East a distance
of 101.52 feet from the Northwest corner of said Northwest 1/4 of the
Southwest 1/4 of Section 11, thence South 89°20'02" East along the North
line of said Lot 7 a distance of 72.31 feet to the POINT OF BEGINNING
No.1(POB 1), as shown on Exhibit B;
thence continuing along said North line South 89120'02" East a distance of
24.28 feet;
thence South 33°52'27" East a distance of 37.89 feet;
thence South 89135'32" East a distance of 66.18 feet;
thence North 00°41'42" East a distance of 10.00 feet;
thence South 89°35'32" East a distance of 150.31 feet into Lot 4;
thence North 00°24'28" East a distance of 20.15 feet to the North line of said
Lot 4;
thence along said North line South 89°18'18" East a distance of 20.00 feet;
thence South 00°24'28" West a distance of 20.05 feet;
UATS-1WDA HO\A])A\10024-COURTYARDS ATTr1I
ASIIU,7 survey\I.1"s(,Ai.S\SSI 120-eisement.dac
thence South 89°35'32" East a distance of 3.71 feet to the East line of said
Lot 4;
thence along said East line South 00041'42" West a distance of 17.61 feet;
thence along a curve to the left with a radius of 82.00 feet, a central angle of
08041'05", an are length of 12.43 feet, with a chord bearing of South
03°38'50" East, and a chord distance of 12.42 feet;
thence North 89°35'32" West a distance of 242.25 feet into said Lot 7;
thence South 45°54'28" West a distance of 119.54 feet;
thence North 44°05'32" West a distance of 20.00 feet;
thence North 45°54'28" East a distance of 115.27 feet;
thence North 33°52'27" West a distance of 48.58 feet;
to the POINT OF BEGINNING No. 1.
Said easement contains 10,351 square feet or 0.24 acres, more or less.
EASEMENT 2:
COMMENCING at the Southwest corner of Lot 7, Block 1, The
Courtyards at Ten Mile Subdivision, found in Book 89 of Plats, at Page
10414, Ada County Recorder, which bears South 06°54'36" East a distance
of 553.16 feet from the Northwest corner of said Northwest 1/4 of the
Southwest 1/4 of Section 11, the POINT OF BEGINNING No. 2(POB 2),
as shown on Exhibit C;
Thence along West line of said Lot 7 North 00°41'42" But a distance of
16.83 feet;
thence South 89° 18' 18" East a distance of 19.36 feet;
thence South 00°41'42" West a distance of 16.83 feet to the South line of
said Lot 7;
thence along said South line North 89°18'18" West a distance of 19.36 feet
to the POINT OF BEGINNING No. 2.
Said Easement contains 326 square feet or 0.01 acres, more or less
U;1T.;-10\] L)A I IO\A DA110024-COURTYARDS AT TEN
A� I 1.rlsur��e��11.1;CiA],51:�3[-120-esiseinciit.<1oc
EASEMENT 3:
COMMENCING at a point on the South line of Lot 7, Block 1, The
Courtyards at Ten Mile Subdivision, found in Book 89 of Plats, at Page
10414, Ada County Recorder, which bears South 10°41'26" East a distance
of 559.30 feet from the Northwest corner of said Northwest 1/4 of the
Southwest 1/4 of Section 11, the POINT OF BEGINNING No. 3(POB 3),
as shown on Exhibit C;
thence North 00°41'42" East a distance of 41.13 feet;
thence South 89118'18" East a distance of 20.00 feet;
thence South 00°41'42" West a distance of 26.45 feet to a point on a curve
on the common line to Lot 6 and Lot 7;
thence from a tangent which bears South 45°47'08" West, along said
common line along a curve to the left with a radius of 7.50 feet, a central
angle of 45°05'26", an are length of 5.90 feet, with a chord bearing of South
23°14'26" West, and a chord distance of 5.75 feet;
thence continuing along said common line South 00°41'42" West a distance
of 9.36 feet to a point on said South line;
thence continuing along said South line North 89° 18'l 8" West a distance of
17.79 feet; to the POINT OF BEGINNING No. 3.
Said Easement containing 794 square feet or 0.02 acres, more or less and
Wayne K. Barber P.L.S. 8444
Timberline Surveying
847 Parkcentre Way, Suite 3
Nampa. ID 83651
(208) 465-5687
U:\TS-10\I1)A].[O\A1)A\1002 #-C:OUR"]'YARDS ATTEN
M ILh1.stnvey\I.,EGALS\SSH20-e.iseiiit:Eit.duc
0
AYM UnOYJ AVHV N
.lN3W3Sb3
NIb21C1
371W N31
t
/ I �
/ Yck
90 W
I �
o �1
WN / QNIW38 40 91s"
0
zoZ
2S0
�L-Nz
I- t0 0 -
ca G
W�� 8
w
Zw
0
C�UZZW
xz-
M�
FF-- LL
LL
OY
� j°
C)
rem
WEST 4 CORNER EXHIBIT C
rSECTION 11 .
1" 301
BLOCK 1
�•• I'
o � O
a •.
z •.
� •. .�•, •18'184'41`42'W
2845
R 7.b0'
O 'I� 1-45.0516"
N 0416.83 �• •'. I `� CHORC} a 82S•1416"W - b.7b'
Q ( a OV41�42V
OD o-..._..—,..., .�.., �• '- Po�� 17.78' "I C6
888.1844E - 73.57'll a
8"W
- - - _ 8"W
k --SW 6'i6`E -17.84'
W. TREVA DRI E
0 =COMPUTED POINT
1011 SOUTHWEST CORNER
SE07ION 11
15 '14
CITY OF MERIDIAN SEWER & WATER EASEMENTS
BLOCK 1, THE COURTYARDS AT TEN MILE SUBDIVISION
LOCATED IN THE NW 114 OF THE SW 114 OF SECTION 11,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO
PATE July 13, 2010 ITEM NUMMR. 4G
PROJE T
ITEM TITLE:
Access Easement with Blackrock, LLC. for Well #28
MEETING. NOTES
CLERKS OFA FINAL ACS
DATE: E -MA uo TO SENT TO SENT TO NOTES ROTULLS
STAFF AGENCY APPUGANt
i _ To 4worbehC
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 07/14/10 12:14 PM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
RECORDED -REQUEST OF 110064694
Meridian City
BLACKROCK CULINARY BOOSTER/WELL #28 SITE
THIS INDENTURE, made thisfi"day of U , 201 b between Blackrock LLC., the parties
of the first part, and hereinafter called the tors, and the City of Meridian, Ada County,
Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a Permanent right-of-way across the premises
and property hereinafter particularly bounded and described; and
WHEREAS, it will be necessary to access said facilities and utilities by the CITY;
NOW, THEREFORE, the Grantor does hereby give, grant and convey unto the CITY the
right-of-way for the permanent easement for the access, operation, and maintenance of
the Blackrock Culinary Booster/ Well #28 site and utility lines across the following
described property:
(SEE ATTACHED EXHIBIT A)
The permanent easement hereby granted is for the purpose of free right of access,
operation and maintenance at any and all times of the CITY.
TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said
Grantee, it's successors and assigns forever.
1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties
hereto, that the Grantor shall not use and improve the easement area.
2. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties
hereto, that the CITY, in making future repairs, will expediently replace and restore
the premises to a condition comparable to that existent prior to undertaking such
repairs.
THE GRANTORS hereby covenant and agree that they will not place or allow to be
placed any permanent structures, trees, brush, or perennial shrubs or flowers within the
area described for this easement, which would interfere with the use of said easement, for
the purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of
the right-of-way and easement hereby granted shall become part of, or lie within the
boundaries of any public street, then, to such extent, such right-of-way and easement
hereby granted which lies within such boundary thereof or which is a part thereof, shall
cease and become null and void and of no further effect and shall be completely
relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized
and possessed of the aforementioned and described tract of land, and that they have a
good and lawful right to convey said easement, and that they will warrant and forever
defend the title and quiet possession thereof against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
G NT
Douglas . M Master
STATE OF IDAHO )
) ss
County of Ada
On this 0 day of V I , 20_Lb , before me, the undersigned, a
Notary Public in # and for said State, personally
appeared Douglas R. McMaster, known or identified to me the Manager of Blackrock
LLC, and acknowledged to. me that he executed the within instrument on behalf of said
limited liability company and that limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
NOTARY
UBLIC FOR IDAHO
Residing at: 9-70 S l .i' /l e"' 61>
Commission Expires:
GRANT -EEE: CITY OF MERIDIAN
Tammy,ACyfeerd,
Attest by
City Clerk
Approved By City Council On:
STATE OF IDAHO, )
. ss.
County of Ada )
On this day of , 20Imo( before me, the undersigned, a Notary
Public in and for said State, persofially appeared TAMMY DE WEERD and JAYCEE
HOLMAN., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian,
Idaho, and who executed the within instrument, and acknowledged to me that the City of
Meridian executed the same.
IN WITNESS W•.• HI;�ItEOF, I have hereunto set my hand and affixed my official seal the day and
...
year first abo•,t •.•
�j~p7 ARS:
(SEAL) �G o� TARY PU LI F R IDAHO
••�s�, ?°UBL,- �$+; Residing at: }hev%o, tc1
• ; �E OF Commission Expires:^ UI
••..■••
INGRESS -EGRESS EASMEN'T DESCRIPTION
FOR THE
CITY OF MERIDIAN
WELL 28
An easement for ingress -egress purposes located in the NW '/ of the SE % of Section 32,
Township 3 North, Range 1 East, Boise Meridian and being a part of Lot 16 of Block 1 of
BLACKItOCK SUBDIVISION NO. 1 as shown in Book 96 of Plats at Page 12003 in the office of
the Recorder, Ada County, Idaho, more particularly described as follows:
Commencing at an aluminum cap monument marking the northwesterly corner of said NW % of
the SE % from which a % inch diameter iron pin marking the northeasterly corner of the SE % of
said Section 32 bears S 89°40'05" E a distance of 2660.46 feet;
Thence S 89040'05" E along the northerly boundary of said NW % of the SE % a distance of
977.15 feet to a point on the westerly boundary of Lot 24 of said Block 1;
Thence leaving said northerly boundary S 0°19'55" W along said westerly boundary a distance
of 5.00 feet to the southwesterly corner of said Lot 24;
Thence S 89°40'05" E along the southerly boundary of said Lot 24 a distance of 59.67 feet to the
POINT OF BEGINNING;
Thence continuing S 89°40'05" E a distance of 30.00 feet to a point;
Thence leaving said southerly boundary S 0°19'55" W a distance of 20.00 feet to a point on the
northerly right-of-way of Taconic Drive;
Thence N 89°40'05" W along said northerly right-of-way a distance of 30.00 feet to a point;
Thence leaving said northerly right-of-way N 0°19'55" E a distance of 20.00 feet to the POINT
OF BEGINNING.
This parcel contains 600 square feet (0.014 acres) and is subject to any other easements existing
or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
June 30, 2010
�«5081 a
'eko of ,
w
ANO
�Op
X00
4WD
PC
tLi
W`m
(i) L
W
Z�L-Li
PC
Q O w
O
Q
O
v
s.
O
S
m
R§
m
I,,
to
I�
w
V
w
�4
w
I A
s.
O
S
m
R§
m
I,,
to
I�
w
V
i
E I DIAN�-
Public IL
D A H O
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Clint Worthington
DATE: 7/8/10
SUBJECT: Access Easement for Well #28
I. RECOMMENDED ACTION
A. Move to:
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
1. Approve an Access Easement for the City of Meridian, located on the site of
Well #28
This easement provides The City of Meridian access to Well #28 that is soon to
be under construction.
2. Authorize the Mayor to sign the easement.
II. DEPARTMENT CONTACT PERSONS
Tom Barry, Director of Public Works
Warren Stewart, Engineering Manager
Kyle Radek, Assistant City Engineer
Clint Worthington, Staff Engineer
Page I of I
489-0372
489-0350
489-0343
489-0349
7
PROFESSIONAL SERVICES AGREEMENT for
CONSTRUCTION OF ART DISPLAY CASES FOR INITIAL POINT GALLERY
This PROFESSIONAL SERVICES AGREEMENT for CONSTRUCTION OF ART
DISPLAY CASES FOR INITIAL POINT GALLERY ("Agreement") is made this J-�day of July,
2010 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized
under the laws of the State of Idaho ("City"), and Gabriel Bishop, an individual person whose address
is 2937 E. Falcon Dr., Meridian, Idaho ("Contractor"). (City and Contractor may hereinafter be
collectively referred to as "Parties.")
WHEREAS, the City desires that public art will be a component of Meridian City Hall and to
that end, instituted Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the
address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery");
WHEREAS, the City desires that the capacity of Initial Point Gallery be increased to include
displays of three-dimensional artwork;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants
herein contained, the Parties agree as follows:
I. SCOPE OF SERVICES.
Contractor shall design and construct two (2) display cases using clear acrylic and wood, one (1)
with the dimensions of Size `B" and one (1) of Size "C" as such sizes are described and depicted in
Exhibit A ("Deliverables"), and shall deliver such Deliverables to Initial Point Gallery on or before
September 3, 2010.
II. COMPENSATION.
A. Total amount. The total payment to Contractor for the design, fabrication, and installation of
the Deliverables shall be one thousand six hundred dollars ($1,600.00). This amount shall
constitute full compensation for any and all of Contractor's labor, materials, and costs for
completion of services under this Agreement.
B. Method of payment. To request payment for services rendered under this Agreement,
Contractor shall provide City with an invoice, which City shall pay within thirty (30) days of
receipt. City shall 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 Agreement.
Payment of all taxes and other assessments on such sums shall be the sole responsibility of
Contractor.
C. Payment schedule. Contractor shall be paid per the following schedule:
1. Six hundred dollars ($600.00) shall be paid to Contractor upon Contractor's submission to
City of plans for design and construction of the Deliverables.
FYI O PROFESSIONAL SERVICES AGREEMENT PAGE 1 of 6
INTTIAL POINT GALLERY DISPLAY CASES
2. Five hundred dollars ($500.00) shall be paid to Contractor upon Contractor's submission to
City proof of purchase of materials required to construct the Deliverables.
3. Five hundred dollars ($500.00) shall be paid to the Contractor upon Contractor's delivery of
the Deliverables to Initial Point Gallery and City's written acceptance of the Deliverables.
III. TIME OF PERFORMANCE.
A. Timeline. In performing, the Parties shall comply with the following timeline:
1. By 5:00 p.m., July 23,2010: Contractor shall submit to City of plans for design and
construction of the Deliverables. City shall approve or approve such plans within seven (7)
days of receipt thereof.
2. By 5:00 p.m., August 6,2010: Contractor shall submit to City proof of purchase of
materials required to construct the Deliverables.
3. By 5:00 p.m., September 3, 2010: Contractor shall deliver the finished Deliverables to
Initial Point Gallery.
4. By 5:00 p.m., September 10, 2010: Following Contractor's delivery of the Deliverables to
Initial Point Gallery and City's Inspection thereof as described herein, City shall issue a
written acceptance of the Deliverables as delivered, or a written determination that the
Deliverables are nonconforming. City's failure to issue written acceptance or determination
of nonconformity shall constitute City's presumptive acceptance of the Deliverables as
inspected.
B. Time of the essence. Contractor acknowledges that services provided under this Agreement
shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly
of the essence with respect to this Agreement, and that the failure to timely perform any of the
obligations hereunder shall constitute a breach of, and a default under, this Agreement by the
party so failing to perform. Contractor shall provide to City reasonable opportunities to review
the progress of the Deliverables to ensure compliance with the timeline, upon City's request.
C. Determination of nonconformity. If during the course of this Agreement City concludes that
the Deliverables or any portion or component thereof do not conform to the plans as described
and depicted in Exhibit A hereto or as mutually agreed by the Parties in writing, City shall, as
soon as practicable as soon as practicable, provide to Contractor written notice of the specific
non -conformity and request that Contractor address the specified non -conformity. Contractor
shall have fourteen (14) days to address and correct any non -conformity. If, upon City's re-
inspection, City concludes that the Deliverables or the nonconforming portion or component
thereof remain nonconforming, termination procedures may commence.
FYIO PROFESSIONAL SERVICES AGREEMENT
INITIAL POINT GALLERY DISPLAY CASES PAGE 2 of 6
IV. INSTALLATION, MAINTENANCE AND REPAIRS.
A. Installation coordination. In delivering and installing the Deliverables or any portion or
component thereof, Contractor shall coordinate all such activities, and/or the activities of his
subcontractors and employees, with the Initial Point Gallery Curator and City Maintenance
Supervisor.
B. First year following acceptance. Contractor shall be fully responsible for all parts and
workmanship of the Deliverables for a period of one (1) year after City's acceptance of the
Deliverables, and during such year shall replace any defective components and/or rework any
defective craftsmanship in a timely fashion at no cost to City, except that during such year
Contractor shall not be required to replace or repair any damage to the Deliverables caused by
City; by City's agents, employees, visitors, or volunteers; or by an act of God.
V. CREATION, INTEGRITY, AND OWNERSHIP OF DELIVERABLES.
A. Ownership. Upon Contractor's delivery of the Deliverables and City's written acceptance
thereof, Deliverables shall be owned by City, whereupon City shall have the right to remove the
Deliverables from public display, to modify the Deliverables, and to sell the Deliverables or any
component thereof.
B. No copyright. Contractor shall not make any claim to the copyright of design or plans for the
construction of Deliverables.
C. Removal from display. In the event that City determines that the Deliverables or either
component thereof shall be sold, Contractor shall be provided the first right of refusal to
purchase the Deliverables or such component from City. Should Contractor choose to purchase
the Deliverables pursuant to this provision, the price of the Deliverables shall be the fair market
value thereof. This provision shall expire upon the death of Contractor and shall not be
extended to Contractor's estate unless City so elects.
D. Subcontracting or assignment of obligations. Contractor shall not subcontract or assign any
of his obligations under this Agreement that require or that may require his professional
workmanship or expertise. Contractor may subcontract or assign obligations hereunder that do
not require his professional workmanship or expertise, including, but not limited to, such
obligations as transport and installation of the Deliverables. Any subcontractor or assignee
shall be bound by all the terms and conditions of this Agreement.
VI. INDEMNIFICATION, WAIVER, AND INSURANCE.
A. Indemnification. Contractor shall indemnify, save, and hold harmless the City and any and all
of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and
judgments for damages or injury to persons or property, and from any and all losses and
expenses caused or incurred by Contractor, or by his servants, agents, employees, guests, and/or
business invitees, occurring before City's acceptance of the Deliverables.
FYIO PROFESSIONAL SERVICES AGREEMENT
INITIAL POINT GALLERY DISPLAY CASES PAGE 3 of 6
B. Waiver. Contractor waives any and all claims and recourse against City, including the right of
contribution for loss and damage to persons or property arising from, growing out of, or in any
way connected with or incident to Contractor's performance of this Agreement, whether such
loss or damage may be attributable to known or unknown conditions or risks, except for
liability arising out of concurrent or sole negligence of City or its officers, agents or employees.
C. Insurance. City will provide hereunder no insurance or other coverage or benefits to
Contractor or his agents, employees, or subcontractors. Contractor shall obtain all necessary
insurance as may be required in order to protect his insurable interests as may be affected by the
rights and obligations described within this Agreement. This includes, but is not limited to,
general liability, acts and omissions, automobile, shipping, worker's compensation, or property
insurance.
VII. TERMINATION.
A. Termination for cause. If City determines that Contractor has failed to comply with any term
or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations
of this Agreement, falsified any record or document required to be prepared under this
Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of
this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its
material obligations under this Agreement; the other Party shall have the right to terminate the
Agreement by giving written notice to the defaulting parry of its intent to terminate, and shall
specify the grounds for termination. The defaulting parry shall have thirty (30) days after
receipt of such notice to cure the default. If the default is not cured within such period, this
Agreement shall be terminated upon mailing of written notice of such termination by the
terminating party.
Default by City. In the event of termination for non-performance or default by City, City
shall compensate Contractor for work actually completed by Contractor prior to the date of
written notice of termination and any additional services and materials actually performed
or supplied prior to the date of written notice of termination, less payments of compensation
previously made, not to exceed the total amount of compensation allowed hereunder.
2. Default by Contractor. In the event of termination for non-performance or default by
Contractor, except that caused by the death or incapacity of Contractor, all finished and
unfinished drawings, photographs, plans, timelines, and/or any and all other work products
or materials prepared or purchased under this Agreement shall, at City's option, become
City's property. Notwithstanding this provision, Contractor shall not be relieved of any
liability for damages sustained by City attributable to Contractor's breach of this
Agreement. City may reasonably withhold payments due until such time as the exact
amount of damages due to City from Contractor is determined. Contractor shall not be
relieved of liability to City for damages sustained by City by virtue of any breach or default
of this Agreement by Contractor. This provision shall survive the termination of this
Agreement and shall not relieve Contractor of liability to City for damages.
B. Termination upon death or incapacity of Contractor. This Agreement shall automatically
terminate upon the death or incapacity of Contractor. In the event of termination caused by the
FYI O PROFESSIONAL SERVICES AGREEMENT
INITIAL POINT GALLERY DISPLAY CASES PAGE 4 of 6
death or incapacity of Contractor, all finished and unfinished plans, materials, and/or
components prepared under this Agreement shall, at City's option, become its property.
C. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement
shall not be construed as a waiver of a breach of the same or any other provision hereof.
VIII. GENERAL PROVISIONS.
A. Relationship of Parties. It is the express intention of Parties that Contractor is an independent
Contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this
Agreement shall be interpreted or construed as creating or establishing the relationship of
employer and employee between Contractor and City or between Contractor and any official,
agent, or employee of City. Both parties acknowledge that Contractor is not an employee of
City. Contractor shall retain the right to perform services for others during the term of this
Agreement.
B. Compliance with law. Throughout the course of this Agreement, Contractor shall comply with
any and all applicable federal, state, and local laws.
C. Non -Discrimination. Throughout the course of this Agreement, Contractor shall not
discriminate against any person as to race, creed, religion, sex, age, national origin, sexual
orientation or any physical, mental, or sensory handicap.
D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties.
This Agreement supersedes any and all statements, promises, or inducements made by either
party, or agents of either party, whether oral or written, whether previous to the execution
hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged,
modified or altered except upon written agreement signed by both parties hereto.
E. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or
establish any right or remedy under the terms and conditions of this Agreement, the prevailing
party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court
of competent jurisdiction, in addition to any other relief awarded.
F. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity,
interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of
Ada County, Idaho.
G. Cumulative Rights and Remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the
exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of
any other remedy.
H. Severability. If any provision of this Agreement is found by a court of competent jurisdiction
to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected.
FYI PROFESSIONAL SERVICES AGREEMENT
INITIAL POINT GALLERY DISPLAY CASES PAGE 5 of 6
I. Successors and Assigns. All of the terms, provisions, covenants and conditions of this
Agreement shall inure to the benefit of, and shall be binding upon, each party and their
successors, assigns, legal representatives, heirs, executors, and administrators.
J. Notice. Any and all notice required to be provided by either of the Parties hereto, unless
otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon
mailing by United States Mail, addressed as follows:
Contractor:
Gabriel Bishop
2937 E. Falcon Dr.
Meridian, Idaho 83642
(208) 895-9864
gabrielb@musgrovepa.com
C
Emily Kane
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
(208) 898-5506
ekane@meridiancity.org
Either party may change her/its address for the purpose of this paragraph by giving written
notice of such change in the manner herein provided.
K. City Council approval required. The validity of this Agreement shall be expressly
conditioned upon City Council action approving the Agreement. Execution of this Agreement
by the persons referenced below prior to such ratification or approval shall not be construed as
proof of validity in the absence of Meridian City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the ^ day of
July, 2010.
CONTRACTOR:
Gabrie Bishop
CITY OF MERIDIAN:
BY:
Tammy Vkerd, Mayor
Attest:
cee H an, City Clerk
FYI PROFESSIONAL SERVICES AGREEMENT
INITIAL POINT GALLERY DISPLAY CASES
PAGE 6 of 6
Exhibit A
FYI PROFESSIONAL SERVICES AGREEMENT
INITIAL POINT GALLERY DISPLAY CASES EXHIBIT A
a)
N U N
(n
a�
N m N
N
I
N
CD
N
PPOOUOT 204-1 (Single Sheets) 205-1(Padded)
FYI PROFESSIONAL SERVICES AGREEMENT
INITIAL POINT GALLERY DISPLAY CASES EXHIBIT A
DATE: E44AH" TO SENT TO SENT TO NOTES WTIALS
STAFF AGENCY APPLICANT
DATE: EEb TO SENT TO SENT TO NOTES INITIALS
STAFF AGENCY APPLICANT
Neddlen City t ouncil Afwting
DATE: July 13, 2010 ITE NUMBER: 7A
PROJECT NgUft
ITEM TITLE:
Public Hearing: VAC 10-004 Gramercy Subdivision No. 1 by Gramercy, LLC located
Southside of Overland Road, fast of Wells Avenue: Request for Vacation of the 20 x
20 Foot Public Domestic Water and Sewer Easement Platted on lots 1 and 2, Block 2
MEETING 10TE
-RSo 0,1 -j-7
CLERKS OFFICE RMAL ACTION
DATE:
EA""
STAFF
SEW TO
AGENCY
SENT TO
APPLICANT
NOTES
WKS
5�4-
Meddfan City Council Meedng
DATE: NOTES 113' US
E -MANED TO SENT TO SENT TO
STAFF AGENCY APPLICANT
Afatian City CoinW Un
DATE JuIy 13, 2010 IT NU, MBER: 8C
PROJECT NUMBER;
ITEM TITLE:
Planning Department: Transportation Overview - Presentation by City Staff, on Recent
Transportation Projects, Studies and Plans - Including a Review of the Draft State
Transportation Improvement Program (STIP) and Regional Transportation Improvement
Program (TIP)
MEETWQ NOTES
CLERKS OFFICE F iiAL. CT"
EAA D Tfl ; SENT % SENT TO
DATE. NOTES {NITUU.S
STAFF AMU CY APPUGANT
DRAFT — 7/7/10
CITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE REPEALING AND REPLACING TITLE 9, CHAPTER 1,
SECTION 17 OF THE MERIDIAN CITY CODE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Meridian seeks to create an
organized and efficient dispute resolution process for handling disputes, objections, or
appeals related to water -user accounts, statements and/or permits including, but not
limited to, non-payment and shut-off of service, assessment fees, monthly user charges
or other fees established by this Chapter; and
WHEREAS, the City Council of the City of Meridian finds that establishing a
Board of Adjustment to resolve customer disputes related to water -usage accounts,
statements and/or permits will result in improved customer service; and
WHEREAS, the City Council of the City of Meridian finds that setting forth the
provisions relating to the establishment, duties and powers, membership, qualifications,
terms, vacancies, organization, financial regulations, and meetings of the Board of
Adjustment to hear such disputes will promote the efficiency and function of said Board.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That Title 9, Chapter 1, Section 17 of the Meridian City Code is
repealed and replaced to read as follows:
9-1-17: BOARD OF ADJUSTMENT:
A. ESTABLISHMENT:
There is hereby established a Board of Adjustment, to which the Mayor and City Council
delegates the duty of hearing any disputes, objections or appeals by a water user
regarding shut-off of service, assessment fees, monthly user charges or other fees
established by this Chapter.
B. DUTIES AND POWERS: The Board of Adjustment shall be authorized to:
1. Propose to City Council for approval the rules of procedure for conducting
hearings by the Board of Adjustment.
2. Resolve only those disputes which have had a written request for a hearing
submitted to the City Clerk no later than 5:00 p.m., on the Friday preceding the
regularly scheduled monthly meeting of the Board of Adjustment.
BOARD OF ADJUSTMENT ORDINANCE PAGE 1 of 3
DRAFT — 7/7/10
3. Hear and decide disputes, objections, or appeals related to water -user accounts,
statements, and/or permits including, but not limited to, non-payment and shut-off
of service, assessment fees, monthly user charges or other fees established by this
Chapter. The decision of the Board of Adjustment is to be final.
4. Record all hearings conducted by the Board of Adjustment.
5. Apply City Code provisions as necessary to adjudicate all disputes.
C. MEMBERSHIP:
1. The Board of Adjustment shall consist of at least three (3) members, but no more
than five (5) members.
2. Members of the Board of Adjustment shall be appointed by the Mayor and
approved by City Council on a vote of a majority of the City Council members,
and Board members may, in like manner, be removed.
3. All members of the Board of Adjustment and the officers thereof shall serve
without salary or compensation. The City shall provide the necessary and suitable
equipment and supplies to enable the Board to properly transact and attend to its
business.
D. QUALIFICATIONS:
Members of the Board of Adjustment shall be appointed from the following group: the
Director of the Public Works Department or designee; the City Attorney or designee, and
at least one (1) citizen of Meridian, but no more than three (3) citizens.
E. TERMS:
Each member of the Board of Adjustment shall serve a term of three (3) years. Board
members wishing to serve additional terms must submit a letter of interest thirty (30)
days prior to the term's expiration. Reappointments shall be made at the discretion of the
Mayor, with confirmation by the City Council.
F. VACANCIES:
Vacancies shall be filled in the same manner as original appointments and the appointee
shall serve for the remainder of the unexpired term.
G. ORGANIZATION:
The Board of Adjustment shall, immediately following their appointment, meet for
organization for the election of one of their members as Chairperson and for the selection
and appointment of such other officers as they may deem necessary. Subsequently, at the
BOARD OF ADJUSTMENT ORDINANCE PAGE 2 of 3
DRAFT — 7/7/10
first meeting of each calendar year, the members of the Board of Adjustment shall meet
and organize by electing a Chairperson and such other officers as may be necessary.
H. FINANCIAL REGULATIONS:
The Board of Adjustment is not authorized to accept payment of any monies and shall
direct all payments to be made directly to the City Finance Department.
MEETINGS:
The Board of Adjustment shall convene at the Meridian City Hall, 33 East Broadway,
Meridian, Idaho, each month at on the third (3rd) Wednesday of each month, as
required. The Board of Adjustment shall keep appropriate audio and written records of its
hearings and actions. Additional meetings of the Board of Adjustment may be scheduled
by the Board as necessary to carry out the business of the Board.
Section 2. That this Ordinance shall be in full force and effect beginning on
'2010.
PASSED by the City Council of the City of Meridian, Idaho, this day of
, 2010.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of
.2010.
APPROVED:
Tammy de Weerd, Mayor
ATTEST:
Jaycee L. Holman, City Clerk
BOARD OF ADJUSTMENT ORDINANCE PAGE 3 of 3
DATE: 94AAM EQ TO SENT TO SENT TO NOTES INITUUIS
STAFF AGENCY APPUGANT
DRAFT
CITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN PROVIDING FOR A NEW
CHAPTER OF TITLE 2 OF THE MERIDIAN CITY CODE, TO BE CHAPTER 6,
RELATING TO THE ESTABLISHMENT, DUTIES AND POWERS,
MEMBERSHIP, ORGANIZATION, AND MEETINGS OF THE SOLID WASTE
ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Meridian, by the passage of
Ordinance No. 10-1450, on June 22, 2010, approved the establishment of a Solid Waste
Advisory Commission; and
WHEREAS, the City Council of the City of Meridian finds that setting forth the
provisions relating to the establishment, duties and powers, membership, organization,
and meetings of the Solid Waste Advisory Commission will promote the efficiency and
function of such Commission;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1: That Title 2, Chapter 6 of the Meridian City Code shall read as
follows:
Chapter 6
SOLID WASTE ADVISORY COMMISSION
2-6-1: ESTABLISHMENT:
There is hereby established a Solid Waste Advisory Commission, the purpose of which
shall be to propose and recommend to the Mayor and the City Council any new or
amended rules, regulations, policies, and fees as such may relate to the orderly and
efficient administration of the City's fully -automated solid waste collection system.
2-6-2: DUTIES AND POWERS:
A. Advisory to City Council: The Solid Waste Advisory Commission shall be deemed
advisory and shall report and make recommendations to the Mayor and City Council.
All actions of the Solid Waste Advisory Commission shall be subject to approval by
the Mayor and City Council by resolution and after such approval shall have the force
and effect of ordinance.
B. Annual Report: The Solid Waste Advisory Commission chairperson shall submit an
annual report to the Mayor and City Council regarding the Commission's activities
and accomplishments in the furtherance of the objectives of this Chapter.
SOLID WASTE ADVISORY COMMISSION ORDINANCE PAGE lof 4
Alk"W
C. Commission Authority: The Solid Waste Advisory Commission shall be authorized
to:
1. Propose and recommend to the Mayor and the City Council any new or amended
rules, regulations, policies, and fees as such may relate to improving the orderly
and efficient administration of the City's fully -automated solid waste collection
system and voluntary co -mingled recycling program;
2. Propose new programs and projects designed to encourage, promote, and improve
the solid waste and recycling practices in the community, helping reduce the
amount of waste that ends up in the landfill;
3. Recommend ordinances for the purposes of ensuring that the fully -automated
solid waste collection system and voluntary co -mingled recycling program result
in a cleaner, safer community and allow for more cost-effective services;
4. Suggest and recommend such rules, regulations, policies, and fees necessary and
desirable to enhance the equitable distribution of the cost of solid waste collection
and disposal services in the community;
5. Assess the needs of the Meridian community with regard to the management of
solid waste and make such information available to the City Council and all
interested agencies and persons;
6. Propose plans, recommendations and suggestions for the future growth,
development and regulation of solid waste and recycling facilities and services of
the City;
7. Cooperate with the Federal, State, and local governments in the pursuance of the
objectives of this Chapter;
8. Study and report to City Council changes in economic conditions, industry
trends, and regulatory measures relating to the cost, operation and management of
the City's fully -automated solid waste management system and voluntary co -
mingled recycling program;
9. Receive, review, and act on solid waste management concerns or issues brought
forth by citizens of Meridian, with recommendations to be forwarded to the
Mayor and City Council;
SOLID WASTE ADVISORY COMMISSION ORDINANCE PAGE 2of 4
al
2-6-3: MEMBERSHIP:
A. Membership:
1. The Solid Waste Advisory Commission shall consist of a minimum of five (5)
members and not more than nine (9) members.
2. Members of the Solid Waste Advisory Commission shall be appointed by the
Mayor and approved by City Council on a vote of a majority of the City Council
members, and Commission members may, in like manner, be removed.
3. All members of the Solid Waste Advisory Commission and the officers thereof
shall serve without salary or compensation. The City shall provide the necessary
and suitable equipment and supplies to enable the Commission to properly
transact and attend to its business. A budget for Commission equipment and
supplies shall be provided for in the City budget and administered by the Solid
Waste Advisory Commission's designated City staff liaison.
B. Qualifications: All members of the Solid Waste Advisory Commission shall have a
demonstrated interest, competence, or knowledge in recycling and solid waste
management. Members of the Solid Waste Advisory Commission shall be selected from
the following groups: the Utilities Billing Manager or designee, the Director of the Public
Works Department or designee; the City Attorney or designee, and at least two (2), but
no more than three (3), Meridian citizens. One position may be designated to represent
youth, which Commission member may be, at the time of appointment, under eighteen
(18) years of age. One member of the Meridian City Council, and one member who
represents the solid waste franchisee, may serve as a liaison and ex officio member of the
Commission but shall have no vote.
C. Terms: Each Solid Waste Advisory Commissioner shall serve a term of three (3)
years, provided that the youth member shall be appointed to a term of one (1) year, from
September 1 through August 31. Commissioners wishing to serve additional terms must
submit a letter of interest thirty (30) days prior to the term's expiration. Reappointments
shall be made at the discretion of the Mayor, with confirmation by the City Council.
D. Vacancies: Vacancies shall be filled in the same manner as original appointments
and the appointee shall serve for the remainder of the unexpired term.
2-6-4: ORGANIZATION:
A. Officers: At the first meeting of each calendar year, the members of the Solid Waste
Advisory Commission shall meet and organize by electing a chair, vice chair, and such
other officers as may be necessary. The Commission may request assistance from the
City Clerk.
SOLID WASTE ADVISORY COMMISSION ORDINANCE PAGE 3of 4
I�C l IM
B. Rules and Bylaws: The Solid Waste Advisory Commission shall adopt bylaws, rules
and regulations for the proper conduct of the business of the Commission. All
Commission bylaws, rules and regulations are subject to the approval of the Mayor and
City Council after recommendation by the Commission.
2-6-5: MEETINGS: The Solid Waste Advisory Commission shall convene regular
meetings at the Meridian City Hall, 33 East Broadway, Meridian, Idaho, each month at
on the of each month unless, at the first meeting of each calendar
year, the Commission shall establish a meeting schedule for the calendar year in which
event the published schedule shall apply. All meetings of the Commission shall be open
to the public, and shall follow the requirements of Idaho's open meeting laws. The
Commission shall keep minutes and other appropriate written records of its resolutions,
proceedings, and actions. The Commission shall allow and promote public participation
in the meetings of the Commission. Additional meetings of the Commission may be
scheduled by the Commission as necessary to carry out the business of the Commission.
Section 2. That this Ordinance shall be in full force and effect beginning on the
day of , 2010.
PASSED by the City Council of the City of Meridian, Idaho, this day of
, 2010.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of
.2010.
APPROVED:
Tammy de Weerd, Mayor
ATTEST:
Jaycee L. Holman, City Clerk
SOLID WASTE ADVISORY COMMISSION ORDINANCE PAGE 4of 4
Edward Byrne Memorial Justice Assistance Grant
FY 2010 Local Solicitation
Meridian Police Department
2010 -H9116 -ID -DJ
Project Abstract
Applicant: Meridian Police Department
Projects: Canine Agility/Certification Equipment, Safety Mats, Force on Force
Training Program, Street Crimes Unit Equipment
Goals: To administer public safety and criminal justice programs in Idaho in
accordance with the JAG purpose areas.
Strategies: Nearly 50% of the FY 2010 local solicitation will be used to fund canine
agility/certification equipment. This equipment will enable Meridian to
provide on-site training to their five canine police dogs, thereby saving
costs associated with travel to another city for this mandatory training.
The Meridian Police Department also intends to improve the safety of
their Arrest Techniques/Ground Control and Handgun Retention Program
by purchasing safety mats for the training room. The department will be
implementing a Force on Force Training Program for which they plan to
purchase simunition training guns as well as safety/protective equipment
for the officers being trained. Finally, they would like to order low light
equipment for MPD's new Street Crimes Unit (SCU). This purchase
would include night vision binoculars and goggles for the four new SCU
officers that the department will be hiring with other federal grant monies.
Deliverables: Annual reports, performance measures using the Performance
Measurement Tool, and 269s.
Edward Byrne Memorial Justice Assistance Grant
FY 2010 Local Solicitation
Meridian Police Department
2010 -H9116 -ID -DJ
Program Narrative
During the FY 2010 local solicitation Meridian City has been allocated an
application award amount of $32,403. Nearly 50% of the FY 2010 local solicitation will
be used to fund canine agility/certification equipment. This equipment will enable
Meridian to provide on-site training to their five canine police dogs, thereby saving costs
associated with travel to another city for this mandatory training. The Meridian Police
Department also intends to improve the safety of their Arrest Techniques/Ground Control
and Handgun Retention Program by purchasing safety mats for the training room. The
department will be implementing a Force on Force Training Program for which they plan
to purchase simunition training guns as well as safety/protective equipment for the
officers being trained. Finally, they would like to order low light equipment for MPD's
new Street Crimes Unit (SCU). This purchase would include night vision binoculars and
goggles for the four new SCU officers that the department will be hiring with other
federal grant monies. A more detailed description of how the funding will be used is
listed below.
Project 1: Canine Agility/Certification Equipment
Project Total: $15,025
The State of Idaho mandates certification of all police canines. However, at this time, the
Meridian Police Department does not have the required equipment to provide this
certification on-site. Therefore, officers must travel to another city, Nampa, to certify our
five canine police dogs with their equipment. The purchase of the required certification
equipment will allow the City of Meridian and the Meridian Police Department to save
on costs associated with traveling to another city for these certifications, such as fuel,
mileage, and wages. Owning the certification equipment will also provide increased
accountability and control by allowing us to do the certifications on site at the Meridian
Police Department.
Project 2: Safety Mats
Project Total: $4,500
Having an excellent Arrest Techniques/Ground Control & Handgun Retention Program is
necessary for law enforcement agencies in order to keep its officers safe. Currently, the
Meridian Police Department has no wall safety mats to accompany the floor mats in its
training room. Not having these mats for the walls poses a serious safety concern for
those officers who are training in this room. Having these safety mats for the wall will
allow the department to reduce exposure to injuries of its officers and provide a safer
training environment.
Project 3: Force on Force Training Program
Project Total: $8,064
The Meridian Police Department is implementing a Force on Force Training Program
using simunition weapons. This will allow the officers to experience live fire training
involving the use of marking rounds. The addition of training simunition guns will
provide for more realistic training in a controlled setting. Officers will experience
training under stressful conditions, while being shot at by still and moving targets. This
type of high quality training will ultimately enhance the accuracy of officers' shooting
which will increase the safety of officers and the citizens we serve. Meridian is
requesting to purchase the simunition training guns as well as important safety equipment
for officers taking part in this training.
Project 4: Street Crimes Unit Equipment
Project Total: $4,814
The Meridian Police Department will form a Street Crimes Unit beginning October 2010
with four new officers. Meridian has been awarded a federal grant which will cover the
cost of the wages for the new officers. However, these officers will require night vision
binoculars and goggles. These low light tools will allow them to conduct covert nighttime
operations on suspected narcotics, gang and other offender locations without being
detected. Ultimately the ability to investigate and convict these types of offenders will
reduce crime and increase the safety of the community.
Edward Byrne Memorial Justice Assistance Grant
FY 2010 Local Solicitation
Meridian Police Department
2010 -H9116 -ID -DJ
Budget Narrative
Description
Quantity
Unit Cost
Total Requested
Canine Agility/Certification
Equipment
Hurdle Base w/Brick Wall
1
$700
$700
Window Hurdle Obstacle
1
$1,000
$1,000
Broad Jump
1
$450
$450
A -frame
1
$1,450
$1,450
Dog Crawl
1
$575
$575
Catwalk w/Ladder & Ramp
1
$2,350
$2,350
Box Search
6
$1,000
$6,000
Crating & Freight Costs
$2,500
Safety Mats
Safety Mats
20
$225
$4,500
Force on Force Training
Program
Force on force helmets
20
$108
$2,160
Force on force neck armor
20
$38
$760
Less lethal targets & stands
2
$1,024
$2,048
Glock 17-T Simunition Training
Guns
6
$516
$3,096
Street Crimes Unit Equipment
ATN Night Vision Goggles
2
$1,995
$3,990
ATN Night Vision Binoculars
1
$599
$599
Shipping and Handling
$225
TOTAL COST
$32,403
Edward Byrne Memorial Justice Assistance Grant
FY 2010 Local Solicitation
Meridian Police Department
2010 -H9116 -ID -DJ
Budget Detail Worksheet
A — Personnel
Position Computation Cost
Subtotal: $0.00
B — Fringe Benefits
Position Computation Cost
Subtotal: $0.00
C — Travel
of Travel Computation Cost
Subtotal: $0.00
D — Equipment
Item Quantity Unit Cost Total Cost
Hurdle Base w/Brick Wall
1
$700
$700
Window Hurdle Obstacle
1
$1,000
$1,000
Broad Jump
1
$450
$450
A -Frame
1
$1,450
$1,450
Dog Crawl
1
$575
$575
Catwalk w/Ladder & Ram
1
$2,350
$2,350
Box Search
6
$1,000
$6,000
Crating & Freight Costs
$2,500
Safety Mats
20
$225
$4,500
Force on Force Helmets
20
$108
$2,160
Force on Force Neck Armor
20
$38
$760
Less Lethal Targets & Stands
2
$1,024
$2,048
Glock 17-T Simunition Guns
6
$516
$3,096
ATN Night Vision Goggles
2
$1,995
$3,990
ATN Night Vision Binoculars
1
$599
$599
Shipping and Handling
$225
Subtotal: $32,403
E — Supplies
Item
F — Construction
G — Consultants/Contracts
Unit Cost Total Cost
Subtotal: $
Computation Cost
Subtotal: $0.00
Name of Consultant Service Provided Computation Cost
H — Other Costs
I — Indirect Costs
BUDGET SUMMARY
Budget Cateaory Amount
Subtotal: $0.00
Cost
Subtotal: $0.00
Cost
Subtotal: $0.00
A. Personnel
$0.00
B. Fringe Benefits
$0.00
C. Travel
$0.00
D. Equipment
$32,403
E. Supplies
$0.00
F. Construction
$0.00
G. Consultants/Contracts
$0.00
H. Other
$0.00
Total Direct Costs
$0.00
I. Indirect Costs
$0.00
TOTAL PROJECT COSTS
$32,403
Edward Byrne Memorial Justice Assistance Grant
FY 2010 Local Solicitation
Meridian Police Department
2010 -H9116 -ID -DJ
Review Narrative
Edward Byrne Memorial Justice Assistance Grant FY 2010 local solicitation
allocates an application award of $32,403 to Meridian City which will act as the
governing body for this award with an allocation of $32,403 to the Meridian Police
Department.
The Meridian City Council plans to hold a public hearing for the Meridian Police
Department in their City Council meeting on Tuesday, July 13, 2010 at 7:00 p.m. This
will be an open meeting in which all citizens and/or organizations have the opportunity to
comment and offer their input. A copy of the City Council Agenda will be forwarded,
separate from this application, upon conclusion of the meeting.
Afeddfan City Coun f
DINE: Jgy 13, 201U ITEM HUER._ 8G
JET MICR
[TEM TITLE:
Police Department; Updated Draft of Outdoor Sales and Tem- porory Uses Ordinance
MEETING NOTES
V
CLERKS OFFCE FMAL. ACTJON
DRAFT
Police Department Report, 7- 13-10
CITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING CHAPTER 4, TITLE 3 OF
THE MERIDIAN CITY CODE, RELATING TO OUTDOOR SALES AND TEMPORARY
USES: MOBILE SALES UNITS; TEMPORARY USES; AND CITIZEN'S USE PERMITS;
AND PROVIDING FOR A SAVINGS CLAUSE.
WHEREAS, by the adoption of Ordinance nos. 08-1354, 08-1371, 08-1356, and 09-1430,
the City Council of the City of Meridian has instituted a procedure by which outdoor sales and
temporary uses occurring in the City of Meridian are required to meet minimum standards for the
purpose of protecting the health, safety, and welfare of Meridian residents and other participants in
such outdoor sales and temporary uses;
WHEREAS, the permitting procedure and standards have been found to encourage outdoor
sales and temporary uses that complement permanent City of Meridian businesses; that are safe,
attractive, and desirable; that add variety to the shopping and/or dining opportunities available in
Meridian; and that support and facilitate community events and celebrations;
WHEREAS, the changes to the Outdoor Sales and Temporary Uses ordinance set forth
herein are intended to improve and refine the processes and standards established therein,
specifically:
(1) As to City of Meridian Mobile Sales Unit Licenses, to clarify which aspects of an
applicant's criminal history will disqualify such applicant from approval;
(2) To clarify that, in keeping with Gibson v. Ada County Sheriffs Dept., 139 Idaho 5
(2003), a City Council decision regarding denial or revocation of a City of Meridian
Mobile Sales Unit License, Temporary Use Permit, or Citizen's Use Permit shall be a
final decision, and shall not carry a right of appeal to District Court;
(3) To add a requirement that licensees utilizing a motor vehicle while acting or operating as
a Mobile Sales Unit must carry current insurance on such vehicle;
(4) To waive the application fee for a City of Meridian Temporary Use Permit where such
permit is sought for any school fundraising activity, without limitation to car washes and
ensure consistency in fee exemptions;
(5) To clarify that just as persons or businesses operating under a City of Meridian
Temporary Use Permit for a Special Event do not also require a separate City of
Meridian Mobile Sales Unit License or Temporary Sales Unit TUP, though the same
may be required absent the Special Event TUP; and
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 1 OF 39
DRAFT
Police Department Report, 7-13- I 0
(6) To provide that off street parking at the site of a Temporary Use must be adequate to
serve both that temporary use, principal permitted uses, and other permitted temporary
uses operating at that site;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1. That Title 3, Chapter 4 of the Meridian City Code is repealed, and shall be
replaced with language to read as follows:
CHAPTER 4
OUTDOOR SALES AND TEMPORARY USES
3-4-1: DEFINITIONS:
For purposes of this chapter, the following terms shall be defined as follows:
A. FIRST AMENDMENT ACTIVITY: Any and all expressive and associative activity that is
protected by the United States and Idaho Constitutions, including speech, press, assembly,
and/or the right to petition. This definition shall not include activity that damages, harms or
injures persons or property.
B. GARAGE SALE: The sale, offer for sale, offer for trade, offer free of charge, or display for the
purpose of selling, trading, or offering, of one (1) or more items of used or unwanted tangible
personal property, including, but not limited to: clothing, household effects, tools, toys,
recreation equipment, or other used or second-hand items customarily found in or about the
home; where such sale, trade, offer or any portion thereof occurs outdoors or where any goods
offered for sale or trade are displayed outdoors; and such sale, trade, offer or any portion thereof
occurs at a residence or residential property. This definition shall include yard sales, basement
sales, attic sales, moving sales, tag sales, rummage sales, and other such sales known by terms
which are synonymous with the term GARAGE SALE. This definition shall not include, and this
section shall not apply to, sales specifically authorized by and conducted in conformity with
statute or judicial order or conducted under judicial supervision, including, but not limited to,
estate sales.
C. GOODS: Tangible personal property, products, produce, food, or merchandise sold, offered for
sale, offered for trade, offered free of charge, or displayed for the purpose of selling, trading, or
offering. This definition shall also apply to personal property, products, or merchandise that is
offered or displayed to be sold, traded, offered, or delivered at another time or location, or that
serves as a sample of that to be sold, traded, offered, or delivered at another time or location.
This definition shall not include fireworks.
D. MOBILE SALES UNIT:
1. A traveling, and/or door-to-door commercial or retail establishment, enterprise, facility,
and/or any agent or representative thereof, from which or whom, at which or whom, or
by which or whom goods and/or services are sold, traded, given away; offered for sale,
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 2 OF 39
DRAFT
Police Department Report, 7- 13- I 0
trade, or giveaway; displayed for the purpose of sale, trade, or giveaway; or delivered
pursuant to such sale, trade, or giveaway; and which or whom:
a. Does not remain within any 300 -square -foot area for more than two (2) consecutive
hours within any twenty -four-hour (24-hour) period; and
b. Is neither located on the premises of, nor physically attached to, any permanent
proprietor, except when parking or stopping temporarily in order to conduct a sale,
trade, giveaway, offer, display, or delivery.
2. A MOBILE SALES UNIT may travel and/or consist of any form of conveyance or transport,
including, but not limited to, by foot, vehicle, trailer, cart, wheeled or other container, or
other form of offering, displaying, or storing goods and/or services.
3. This definition shall not include FIRST AMENDMENT ACTIVITY on public or private
property.
4. This definition shall not include the delivery of goods or services to a residence or place
of business pursuant to a sale, trade, giveaway, or order previously transacted or placed
with a commercial or retail establishment, enterprise, facility, and/or any agent or
representative thereof which is not traveling and/or door-to-door.
E. ORGANIZER: The person who coordinates and/or promotes one or more vendors, activities,
and/or venues in order to create or produce an Outdoor Market or Special Event, and/or the
applicant in whose name a City of Meridian Temporary Use Permit for an Outdoor Market or
Special Event is held.
F. OUTDOOR MARKET: The sale, offer for sale, offer for trade, offer free of charge, or display
by any person or persons for the purpose of selling, trading, or offering, of one (1) or more items
of produce, food items, arts, crafts, new or used tangible personal property; where such sale,
trade, offer or any portion thereof occurs:
1. Outdoors or where any goods offered for sale or trade are displayed outdoors; and
2. On public property or on property accessible by the general public; and
3. Within 300 feet of any other person or persons selling, trading, or offering one (1) or
more items of produce, food items, arts, crafts, new or used tangible personal property.
This definition shall include outdoor farmer's markets, outdoor flea markets, and outdoor
arts, crafts, and/or hobby markets. This definition shall not include FIRST AMENDMENT
ACTIVITY on public or private property.
G. PERMANENT PROPRIETOR: The owner or occupant of real property at which such owner
or occupant conducts an approved conditional or principal permitted use as such uses are
defined in the Meridian Unified Development Code.
H. PROMOTIONAL SALES UNIT: An outdoor or open-air commercial or retail facility from or
at which goods and/or services are sold, traded, offered for sale or trade, or displayed for the
purpose of sale, trade, or giveaway; and which:
1. Remains within any 300 -square -foot area for more than two consecutive hours within
any twenty-four hour period; and
2. Is located on the premises of, or physically attached to, a permanent proprietor; and is
operationally related or identical to such permanent proprietor.
A PROMOTIONAL SALES UNIT may consist of any tangible structure, including, but not
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 3 OF 39
DRAFT
Police Department Report 7-13-10
limited to, a stall, booth, tent, platform, box, table, rack, palate, trailer, cart, vehicle,
container, or other form of offering, displaying, or storing goods and/or services.
I. PROPERTY: Any tract of contiguous land held in single ownership.
J. SERVICES: Work or labor that is offered, sold, or undertaken in exchange for money, goods,
or services or that is offered or undertaken free of charge. This definition shall also include
work or labor that is to be offered, sold, or undertaken at another time or location, or that serves
as a sample or demonstration of work or labor to be offered, sold, or undertaken at another time
or location.
K. SPECIAL EVENT:
1. A planned or foreseeable commercial, recreational, or expressive activity or gathering of
persons which:
a. Changes, attempts to change, or has a tendency to change the typical use of publicly
accessible land or facilities, or the normal flow or regulation of pedestrian or
vehicular traffic upon or in the streets, sidewalks, or other publicly accessible areas;
and
b. Takes place, whether entirely or partially:
(1) On a street or sidewalk located within the City and will likely result in some or
total obstruction of such streets or sidewalks; or
(2) On any other property, whether public or private, but requires for its successful
execution the provision and coordination of City services to a degree over and
above that which the City normally provides; or
(3) On or in any area open to the public.
2. SPECIAL EVENTS may include, but shall not be limited to:
a. Parade, procession, organized movement, or motorcade, consisting of persons,
vehicles, or a combination thereof,
b. Public assembly, demonstration, march, meeting, parade, protest, rally, or vigil
which involves the expression of opinions or grievances of persons for a common
purpose;
c. Performance, presentation, ceremony, concert, or exhibit;
d. Athletic competition, race, or contest involving sports, games, or exercises; or
e. Community or neighborhood celebration, gathering, or block party.
3. The definition of SPECIAL EVENT shall not include:
a. An activity held solely on private property not accessible by the general public and
which neither requires the provision and coordination of City services to a degree
over and above that which the City routinely provides nor compromises the ability of
the City to respond to a public safety emergency;
b. An activity, including FIRST AMENDMENT ACTIVITY, occurring on streets or
sidewalks within the City or in or on City property, where such activity neither
results in the obstruction of streets or sidewalks, nor requires the provision and
coordination of City services to a degree over and above that which the City
routinely provides, nor compromises the ability of the City to respond to a public
safety emergency;
c. Funeral processions; or
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 4 OF 39
DRAFT
Police Department Report, 7-13-10
d. Programmed activities provided or managed by the City.
L. SUBDIVISION MODEL HOME: A dwelling which serves as an exhibit or example of
dwellings constructed or to be constructed within the subdivision in which such model home is
located. Where a dwelling is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE
SALES OFFICE, the definition of SUBDIVISION MODEL HOME shall apply.
M. SUBDIVISION REAL ESTATE SALES OFFICE: A structure from which lots and/or
dwellings are sold, rented, or offered for sale or rent, where such structure is located in the
subdivision containing such real estate. Where a structure is both a SUBDIVISION MODEL HOME
and a SUBDIVISION REAL ESTATE SALES OFFICE, the definition of SUBDIVISION MODEL HOME shall
apply.
N. TEMPORARY SALES UNIT: An outdoor or open-air commercial or retail establishment,
enterprise, or facility from or at which goods and/or services are sold, traded, offered for sale or
trade, or displayed for the purpose of sale, trade, or giveaway; and which:
1. Remains within any 300 -square -foot area for more than two consecutive hours within
any twenty-four hour period; and
2. Is not located on the premises of, nor physically attached to, any permanent proprietor.
A TEMPORARY SALES UNIT may consist of any tangible structure, including, but not limited
to, a stall, booth, tent, platform, box, table, rack, palate, trailer, cart, vehicle, container, or
other form of offering, displaying, or storing goods and/or services. This definition shall not
include the sale of fireworks.
O. TEMPORARY SIGN: A sign, and/or any device, fixture, placard, or structure which:
1. Uses any color, form, graphic, illumination, symbol, or writing to identify, promote,
advertise, or direct patrons to a TEMPORARY USE; and
2. Is not permanently mounted or secured.
This definition shall be limited in its application to TEMPORARY SIGNS regarding TEMPORARY
USES as defined in and regulated by this chapter, and shall not apply to signs defined in and
regulated by other provisions of City Code, including, but not limited to, temporary and/or
permanent signs regulated by the Meridian Unified Development Code.
P. TEMPORARY USE: The carrying on, for a determinate and transitory period of time, a use of,
at, or upon real property, including, but not limited to, the sale, trade, offer, delivery, or display
of goods or services, where such use is not the approved conditional or principal permitted use
designated for such real property as defined and regulated by the Meridian Unified
Development Code. TEMPORARY USES shall include, but shall not be limited to, SUBDIVISION
MODEL HOMES, SUBDIVISION REAL ESTATE SALES OFFICES, PROMOTIONAL SALES UNITS,
TEMPORARY SALES UNITS, SPECIAL EVENTS, OUTDOOR MARKETS, and GARAGE SALES. The
definition of TEMPORARY USE shall not include City management and/or permitting of City
facilities or usages otherwise governed by City ordinance or policy. Any TEMPORARY USE
established or operated within a park or facility operated by the City of Meridian Parks and
Recreation Department shall be deemed to be either a SPECIAL EVENT or OUTDOOR MARKET.
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 5 OF 39
DRAFT
3-4-2: MOBILE SALES UNITS:
Police Department Report 7- 13- I 0
A. License and/or permit requirements. It shall be unlawful for any person to operate, allow the
operation of, or act as a MOBILE SALES UNIT without each and all of the following licenses, permits,
and/or certifications:
1. Any and all licenses, permits, and/or certifications required by local, state or federal law.
2. Any and all licenses, permits, and/or certifications required by the Central District Health
Department.
3. Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho
Tax Commission.
4. Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the
Meridian City Code and/or the policies of the Meridian Parks and Recreation Department.
5. A City of Meridian Mobile Sales Unit License.
a. Application for a City of Meridian Mobile Sales Unit License shall be made to the City
Clerk, and shall include the following:
(1) A completed application form provided by the City Clerk, which form shall include:
(a) Applicant's name, physical address, mailing address, driver's license number,
and social security number.
(b) A description of the goods and/or services to be sold, traded, given away, offered,
displayed, and/or delivered under the Mobile Sales Unit License.
(c) A description of the form of conveyance or transport to be used in the MOBILE
SALES UNIT'S operation, traveling, and/or conduct of sales, trades, giveaways, offers,
displays, and/or deliveries.
(d) A description of any and all motor vehicles to be used by the MOBILE SALES
UNIT, including license plate state and number, make, model, color, and other means
of identification of such vehicle(s).
(e) A description of the hours, locations, and means at and by which the MOBILE
SALES UNIT will operate, travel, and/or conduct sales, trades, giveaways, offers,
displays, and/or deliveries.
(f) A comprehensive listing of any infraction, misdemeanor and/or felony
convictions; probation violations; or forfeitures of bail by or of the applicant.
(g) An agent upon whom service of process may be made in the State of Idaho.
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 6 OF 39
DRAFT
Police Department Report, 7- 13- I 0
(2) Application fee as set forth in the fee schedule of the City Clerk's Office, except that
no application fee shall apply where applicant is or represents:
(a) A nonprofit organization exempt from federal income tax under 26 U.S.C.
section 501(c); or
(b) A governmental entity.
(3) Two (2) photographs of the applicant. Such photographs shall be two inches by two
inches and shall show the head and shoulders of the applicant in a clear and
distinguishable manner.
(4) A photocopy of applicant's driver's license or other government -issued identification
document.
(5) Fingerprints, taken by the Idaho State Police, of the applicant.
WO Proof of an insurance policy, issued by an insurance company licensed to do
business in Idaho, protecting the applicant from all claims for damages to property and
bodily injury, including death, which may arise from operations under or in connection
with the Mobile Sales Unit License. Such insurance shall name the City as additional
insured and shall provide that the policy shall not terminate or be canceled prior to the
expiration date without thirty (30) days' advance written notice to the City. Such
insurance shall afford minimum limits of $500,000.00 per person bodily injury,
$500,000.00 per occurrence bodily injury, and $100,000.00 per occurrence property
damage.
b. Upon receipt of all application materials required by this section, the City Clerk shall
refer the application to the Chief of Police, who shall cause an investigation to determine
the validity and completeness of the information therein. The Chief of Police or his
designee shall endorse upon the application the findings of the investigation and return it
to the City Clerk.
c. Upon receipt of the findings of the Chief of Police or his designee, but no later than
twenty-one (21) calendar days from the date of submission of the completed application
and all application materials required by this section, the City Clerk shall either issue a
City of Meridian Mobile Sales Unit License to the applicant or deny the application.
Where the City Clerk denies an application for a City of Meridian Mobile Sales Unit
License, he shall notify the applicant of such denial in writing, which shall include
notice of the right to appeal such decision as set forth in this section. Written notice of
the denial shall be sent via U.S. mail to the applicant at the address set forth on the
application.
d. The City Clerk shall deny an application for a Mobile Sales Unit License where:
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 7 OF 39
DRAFT
Police Department Report, 7-13-10
(1) The application is incomplete or required application materials or fees have not been
submitted;
(2) Investigation of such application or application materials reveals that provided
information is invalid, false, or incomplete;
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 8 OF 39
DRAFT
Police Department Report 7- 13- I 0
e. Appeal of the City Clerk's issuance or denial of an application for a Mobile Sales Unit
License may be made by any person. Such appeal shall be made in writing, shall state
the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in
person within fourteen (14) days of such issuance or denial. Upon receipt of such
written appeal, the City Clerk shall schedule a public hearing on the appeal at a City
Council meeting within thirty (30) days. Following a public hearing on the appeal, City
Council shall either affirm or reverse the City Clerk's action and shall issue written
findings supporting such decision The City Council's decision on such appeal shall be a
final decisio
f. The City of Meridian Mobile Sales Unit License shall include, on its face:
(1) The name of the individual licensed to operate or act as a MOBILE SALES UNIT within
the City under such license;
(2) A description of the goods and/or services that may be sold, traded, given away,
offered, displayed, and/or delivered under such license;
(3) The hours, locations, and means at and by which the MOBILE SALES UNIT is licensed
to operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or
deliveries under such license; and
(4) The dates during which such license is valid. Unless earlier revoked, such license
shall expire three hundred sixty-five (365) days following the date of issuance.
g. A City of Meridian Mobile Sales Unit License shall not be required for:
(1) FIRST AMENDMENT ACTIVITY on public or private property.
(2) A MOBILE SALES UNIT that is invited to the premises or place at which goods and/or
services are sold, traded, given away, offered, displayed, or delivered, where such
invitation is extended by the occupant or owner of such premises or place. Such
invitation may be extended explicitly by such occupant or owner, or may be
extended implicitly by such occupant or owner by such occupant or owner's
transaction of business with such Mobile Sales Unit within the previous three
hundred sixty-five (365) days. Such invitation may be revoked by such occupant or
owner by explicit communication only, and shall be effective immediately, whether
conveyed orally or in writing.
(3) Any sale, trade, gift, offer, or display required by court order or by law.
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 9 OF 39
Police Department Report, 7- 13- I 0
(4) The occasional sale by local school students of admission to a function of their
school or of goods or services in support of a school program.
h. The City Clerk may revoke a Mobile Sales Unit License where:
(1) A term or condition of the license is violated by the licensee.
(2) In the course of operating or acting as a MOBILE SALES UNIT, the licensee violates
a provision of this Chapter or of any other local, state, or federal law.
(3) It is found, after issuance of such license, that it was issued pursuant to falsified,
inaccurate, or incomplete information on the application.
0(o The licensee is required by any law or legal order to register as a sex offender.
The City Clerk shall notify the licensee of such revocation in writing, and shall mail
such notice to the applicant at the mailing address set forth in the Mobile Sales Unit
License application. Such revocation shall be effective immediately upon mailing by the
City Clerk.
i. Appeal of the City Clerk's revocation of an application of a Mobile Sales Unit License
may be made by the licensee. Such appeal shall be made in writing, shall state the
reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in
person within fourteen (14) days of such revocation. Upon receipt of such appeal, the
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 10 OF 39
DRAFT
Police Department Report, 7-13-10
City Clerk shall schedule a public hearing on the appeal at a City Council meeting within
thirty (30) days The City Council's decision on such appeal shall be a final decision;
B. Time of Operation of Mobile Sales Units.
1. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT at a time of day
that is outside the scope of a valid, current Mobile Sales Unit License.
2. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT upon a date
that is outside the scope of a valid, current Mobile Sales Unit License.
C. Place of Operation of Mobile Sales Units.
1. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT at a location
that is outside the scope of a valid, current Mobile Sales Unit License.
2. It shall be unlawful for any person to park any vehicle or mode of conveyance utilized in the
operation or activity of a MOBILE SALES UNIT in violation of any generally applicable
provision of Meridian City Code or local, state, or federal law.
3. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT or allow such
operation or activity in any area of the City or in any manner prohibited by the Meridian
Unified Development Code.
4. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT or allow such
operation or activity in or on any City building, or City property other than a City Park,
without the prior written or recorded consent of City Council.
D. Manner of Operation of Mobile Sales Units.
1. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT if any required
license, permit, and/or certification required for such operation or activity is expired or is not
valid and current for any reason.
2. If the MOBILE SALES UNIT is or utilizes a motor vehicle or other mode of transportation, a
valid and current Mobile Sales Unit License shall be exhibited in a conspicuous place on
such vehicle or other mode of transportation at all times during such operation or activity.
Otherwise, a valid and current Mobile Sales Unit License shall be kept on the licensee's
person at all times during such operation or activity and shall be exhibited at any time upon
request of any person. It shall be unlawful for any person to operate or act as a MOBILE
SALES UNIT if a Mobile Sales Unit License is not exhibited as required by this section.
3. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT where such
person is not specifically licensed under a valid, current Mobile Sales Unit License.
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE I I OF 39
DRAFT
Police Department Re pom 7- 13- I 0
4. It shall be unlawful for any person operating or acting as a MOBILE SALES UNIT to sell,
trade, give away; offer for sale, trade, or giveaway; display goods or services for the purpose
of sale, trade, or giveaway; or deliver goods or services pursuant to such sale, trade, or
giveaway goods or services that are outside the scope of a valid, current Mobile Sales Unit
License.
5. It shall be unlawful for any person operating or acting as MOBILE SALES UNIT to operate a
musical instrument or amplification device from such MOBILE SALES UNIT where such
music or sound is audible beyond fifty feet (50') of the source of such music or sound.
6. It shall be unlawful for any person operating or acting as a MOBILE SALES UNIT to:
a. Misrepresent his or her purpose or affiliation;
b. Continue communications with a potential customer regarding a sale, trade, giveaway, or
offer thereof after such customer has stated that he or she does not wish to participate in
such transaction or further communicate with such MOBILE SALES UNIT.
c. Represent the issuance of any license under this Chapter as an endorsement or
recommendation of such licensed activity.
E. Penalty. A violation of any provision of this Chapter shall be a misdemeanor, punishable by
such fine and or imprisonment as established by Idaho Code. In addition to such penalty, any
person violating any provision of this Chapter shall be subject to any and all other applicable
administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter
continues or occurs may be deemed a separate and distinct violation.
F. Enforcement. Peace officers shall be empowered to enforce the provisions of this title. An
officer may call upon the services of the planning, fire, parks or other appropriate city
departments to assist in the enforcement of the provisions of this title or in an investigation of a
suspected violation thereof.
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 12 OF 39
DRAFT
3-4-3: TEMPORARY USES:
Police Department Report, 7- 13-10
A. License and/or permit requirements. It shall be unlawful for any person to establish, operate,
allow the operation or establishment of, or act as any TEMPORARY USE without each and all of
the following licenses, permits, and/or certifications:
1. Any and all licenses, permits, and/or certifications required by local, state, or federal law.
2. Any and all licenses, permits, and/or certifications required by the Central District Health
Department.
3. Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City
Code.
4. Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the
Meridian City Code and/or the policies of the Meridian Parks and Recreation Department.
5. A City of Meridian Citizen's Use Permit, where applicable.
6. A City of Meridian Temporary Use Permit, except that a City of Meridian Temporary Use
Permit shall not be required for the following activities, provided that this exception shall
not exempt such activities from any other requirements of law: FIRST AMENDMENT
ACTIVITY on public or private property; any sale, trade, gift, offer, or display required by
court order or by law; GARAGE SALES; or fireworks sales.
a. Application for a City of Meridian Temporary Use Permit shall be made to the City
Clerk, and shall include a completed application form provided by the City Clerk, which
form shall include, but not be limited to:
(1) The name, address, and tax identification number of the applicant, and/or, if the
applicant is a partnership, company, or corporation, the name, address, and corporate
or tax identification number of such entity. Addresses required by this section shall
include both local and corporate addresses, as well as both physical and mailing
addresses.
(2) The names and addresses of all employees and/or persons who will be establishing,
operating, or acting as a TEMPORARY USE within the City under the Temporary Use
Permit. Addresses required by this section shall include both local and corporate
addresses, and both physical and mailing addresses.
(3) A description of the use, including any goods and/or services to be sold, traded,
given away, offered, displayed, and/or delivered, or any activities or events
scheduled to occur, under the Temporary Use Permit.
(4) A description of any structures that will be used in the course of activities, sales,
trades, giveaways, offers, and/or displays under the Temporary Use Permit.
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 13 OF 39
DRAFT
Police Department Report, 7-13-10
(5) A description of any and all motor vehicles to be used by or in the course of the
TEMPORARY USE, including license plate state and number, make, model, color, and
other means of identification of such vehicle(s).
(6) Site plan(s), floor plans, and/or map(s), which shall indicate the location(s) of any
and all components of the proposed TEMPORARY USE, including, but not limited
to, any and all items listed in this subsection. Where any material change is made
to an approved plan prior to or upon set-up of the TEMPORARY USE, an
updated plan shall be submitted to the City and approved prior to operation of the
use. The plan(s) and/or map(s) shall include, but need not be limited to, the
following:
(a) structures,
(b) displays,
(c) goods,
(d) vendors,
(e) scheduled events,
(f) restrooms,
(g) first aid stations,
(h) drinking water sources,
(i) garbage receptacles,
0) generators and any other mechanical equipment,
(k) cooking equipment
(1) TEMPORARY SIGNS,
(m)devices of a carnival nature (e.g pennants, strings of lights, ribbons,
streamers, spinners, twirlers, propellers, and bubble machines),
(n) entrance/exit drives,
(o) areas and surfaces upon which vehicles will be driven,
(p) areas and surfaces upon which vehicles will be parked, and/or
(q) sediment traps.
(7) A description of the dimensions, quantity, and locations of any and all TEMPORARY
SIGNS that will be installed, erected, posted, or displayed for the purpose of
identifying, promoting, advertising, or directing patrons to the TEMPORARY USE.
(8) Permission of owners of property upon which such TEMPORARY SIGNS will be
installed, erected, posted, or displayed.
(9) A description and/or schedule(s) of the hours, locations, and means at and by
which activities, sales, trades, giveaways, offers, and/or displays will occur under
the Temporary Use Permit.
(10) Written permission of owners of all property or properties upon, through, or across
which such TEMPORARY USE shall operate and/or occur.
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 14 OF 39
DRAFT
Police Department Report, 7-13-10
(11) A description of the plan for the management and/or control of persons and/or
crowds at the site(s) of such TEMPORARY USE, including, but not limited to: the
number and qualifications of any security personnel to be deployed; defensive and
offensive equipment and/or techniques to be utilized by or available to such
security personnel, including vehicles, weapons, and/or barriers; the method(s) by
which persons or crowds will be moved, dispersed, and/or evacuated in the normal
course of the TEMPORARY USE and/or in case of emergency; and the method(s) by
which information will be relayed to persons and crowds at the site(s) of such
TEMPORARY USE in case of emergency.
(12) The plan for clean-up, tear -down, and/or removal of the TEMPORARY USE and the
site(s) upon which it occurs or is operated, including, but not limited to, the
removal of any and all: structures, displays, restrooms, TEMPORARY SIGNS,
garbage, litter, temporary ground cover, straw, and hazardous materials. Sediment
traps may remain in place.
(13) An agent upon whom service of process may be made in the State of Idaho.
(14)
Application fee as set forth in the fee schedule of the City Clerk's Office, except
that no application fee shall apply:
a. Where applicant is or represents a nonprofit organization exempt from
federal income tax under 26 U.S.C. section 501(c);
b. Upon receipt of all application materials required by this section, the City Clerk or
designee shall determine, and shall endorse upon the application findings and
determinations regarding:
(1) The validity and completeness of the information therein;
(2) Whether the proposed TEMPORARY USE may be conducted in accordance with all
applicable provisions of law, including, but not limited to, this chapter; and
(3) Whether a violation of the Meridian Unified Development Code or of this chapter is
occurring upon the property upon which such proposed TEMPORARY USE will occur.
c. Upon issuance of the findings, the City Clerk or designee shall either issue a City of
Meridian Temporary Use Permit to the applicant or deny the application. Where an
application for a City of Meridian Temporary Use Permit is denied, the City Clerk or
designee shall notify the applicant of such denial in writing, which shall include notice
of the right to appeal such decision as set forth in this section. Written notice of the
denial shall be sent via U.S. mail or personally delivered to the applicant at the address
set forth on the application.
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 15 OF 39
DRAFT
Police Department Report, 7- 13- I 0
d. The City Clerk shall deny an application for a Temporary Use Permit where:
(1) The application is incomplete or required application materials or fees have not been
submitted;
(2) Investigation of such application or application materials reveals that provided
information is invalid, false, or incomplete;
(3) The proposed TEMPORARY USE will not be conducted in accordance with all
applicable provisions of law, including, but not limited to, this chapter; or
(4) A violation of the Meridian Unified Development Code or of this chapter is
occurring upon the property upon which such proposed TEMPORARY USE is proposed
to occur.
e. The City Clerk or designee shall issue or deny Temporary Use Permit within twenty-one
(2 1) calendar days of receipt of a complete application for such license.
g. The City of Meridian Temporary Use Permit shall include, on its face:
(1) The name(s) of the permitee and any employees and/or persons permitted to operate
or carry on a TEMPORARY USE within the City under such permit;
(2) The time(s), date(s), place(s), and manner at and by which the TEMPORARY USE is
permitted to occur;
(3) A description of the structure(s) that may be erected under such permit;
(4) A description of the caretaker unit that may be utilized for the purposes of security
and maintenance of the site, if any;
(5) A description of the permitted dimensions, quantity, and locations of any and all
TEMPORARY SIGNS that may be installed, erected, posted, or displayed for the purpose
of identifying, promoting, advertising, or directing patrons to the permitted
TEMPORARY USE; and
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 16 OF 39
O RAFT Police Department Report; 7- 13- I 0
(6) Any and all other conditions of operation that are necessary to protect the public
health, safety, and welfare and mitigate effects on surrounding property, including,
but not limited to, effects of traffic, parking, noise, vibration, odor, light, glare,
distraction to motorists, and/or dust.
h. In addition to any and all other applicable civil or criminal penalties, the City Clerk may
revoke a City of Meridian Temporary Use Permit where:
(1) Any term or condition of the permit is violated by the permitee or by any employee
or person operating or acting under such permit.
(2) In the course of operating a TEMPORARY USE, the permitee or any employee or
person operating or acting under such permit violates a provision of this Chapter or
of any other local, state, or federal law.
(3) It is found, after issuance of such permit, that it was issued pursuant to falsified,
inaccurate, or incomplete information on the application therefor.
(4) The site, set-up, and/or operation of the TEMPORARY USE and/or any component
thereof varies materially from the approved site plan.
The City Clerk shall notify the permitee of such revocation in writing, and shall mail
such notice to the applicant at the mailing address set forth in the Temporary Use Permit
application. Such revocation shall be effective immediately upon mailing by the City
Clerk.
i. Appeal of the City Clerk's revocation of an application of a Temporary Use Permit may
be made by the permitee. Such appeal shall be made by City Council in writing, shall
state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail
or in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing
on the appeal at a City Council meeting within thirty (30) days. The City Council's
decision on such appeal shall be a final decision;
B. Standards for All TEMPORARY USES. The following regulations on the time, place, and
manner of TEMPORARY USES shall apply generally to any and all TEMPORARY USES.
1. Failure to obtain Temporary Use Permit. It shall be unlawful to operate or to allow or
cause the operation or occurrence of a TEMPORARY USE requiring a Temporary Use Permit
without first obtaining a City of Meridian Temporary Use Permit.
2. Compliance with Temporary Use Permit. It shall be unlawful for any permitee or any
employee or person acting under a Temporary Use Permit to violate or fail to comply with
any term, condition, or standard set forth in such City of Meridian Temporary Use Permit.
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 17 OF 39
DRAFT
Police Department Report, 7-13- I 0
3. Time of use. It shall be unlawful to operate or to allow or cause the operation or occurrence
of a TEMPORARY USE requiring a City of Meridian Temporary Use Permit at any time or
upon any date other than that designated in a valid City of Meridian Temporary Use Permit.
4. Place of use. It shall be unlawful to operate or to allow or cause the operation or occurrence
of a TEMPORARY USE requiring a City of Meridian Temporary Use Permit at any place other
than that designated in a valid City of Meridian Temporary Use Permit.
5. Manner of use. It shall be unlawful to operate or to allow or cause the operation or
occurrence of a TEMPORARY USE requiring a City of Meridian Temporary Use Permit in any
manner other than that designated in a valid City of Meridian Temporary Use Permit.
6. Parking, driving, and access. Any person operating or causing the operation of any
TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for
such TEMPORARY USE, shall:
a. Provide adequate off street parking to serve such TEMPORARY USE. No TEMPORARY
USE shall displace the required off street parking spaces or loading areas of the
principal permitted uses a --%P ern MR, 349 on the site, except where
street closure is approved pursuant to a validly -issued City of Meridian Citizen's Use
Permit.
b. Prohibit and prevent the operation and/or parking of vehicles on combustible surfaces
or materials.
c. Provide driving and/or parking surfaces that are designed to prevent traffic hazards
and nuisances.
d. Between June 1 and October 31, inclusive, operate, park, or allow the operation or
parking of motorized vehicles only on surfaces composed of one of the following
materials:
(1) Concrete.
(2) Asphalt.
(3) Grasscrete.
(4) Pavers.
(5) Bricks.
(6) Macadam.
(7) Natural turf.
(8) Recycled asphalt, where such material is approved for the site's principal permitted
use by a certificate of zoning compliance validly issued by the City of Meridian.
(9) Gravel or soil treated with environmentally safe chemical soil stabilizer or chemical
dust suppressant.
e. Between November 1 and May 31, inclusive, operate, park, and/or allow the operation or
parking of motorized vehicles only on surfaces composed of one of the following
materials:
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 18 OF 39
DRAFT
Police Department Report, 7- 13- I 0
(1) Concrete.
(2) Asphalt.
(3) Grasscrete.
(4) Pavers.
(5) Bricks.
(6) Macadam.
(7) Recycled asphalt, only where such material is approved for the site's principal
permitted use by a certificate of zoning compliance validly issued by the City of
Meridian.
(8) Natural turf, gravel, or soil, only where all entrance and exit drives to the site are
either paved or include sediment traps at each and every transition between paved to
unpaved surfaces that meet the following standards:
(a) Each sediment trap shall be constructed and maintained in a manner that
effectively prevents tracking and/or flow of mud, soil, and/or sediment
onto public rights-of-way. It shall be unlawful to allow mud or soil to
be tracked or to flow onto public rights-of-way from the site of a
temporary use.
(b) Each sediment trap shall extend the full width of the entrance and/or exit
drive.
(c) Each sediment trap shall be a minimum length of thirty feet (30').
(d) Each sediment trap shall include a six-inch (6") base layer of fractured
stone over the entire width and length of the sediment trap.
7. Vision triangle. It shall be unlawful for any person operating or causing or allowing the
operation of any TEMPORARY USE to cause or allow structures, signs, merchandise, or any
other material utilized in the operation or occurrence of such TEMPORARY USE, whether or
not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to
interfere with the clear vision triangle.
8. Right-of-way. It shall be unlawful for any person operating or causing or allowing the
operation of any TEMPORARY USE to operate or cause or allow the operation or occurrence
of any TEMPORARY USE within the public right of way, unless otherwise authorized by a
validly issued City of Meridian Citizens Use Permit.
9. Required buffer landscape areas. Unless otherwise approved, it shall be unlawful for any
person to operate or cause or allow the operation or occurrence of any TEMPORARY USE,
whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY
USE, within required street buffer for arterial and collector roadways and/or land use buffer
landscape areas.
10. Structures. It shall be unlawful for any person operating or causing or allowing the
operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit
is required for such TEMPORARY USE, to:
a. Construct or cause the construction of any permanent structure.
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 19 OF 39
DRAFT
Police Department Report 7-13- I 0
b. Place, construct, or cause or allow the placement or construction of any structure that
would not otherwise be permitted by a generally applicable provision of law or city
code.
c. Fail to remove a structure utilized in the operation of such TEMPORARY USE at the end of
the time period allowed by a City of Meridian Temporary Use Permit or by other law.
d. Place, construct, or cause or allow the placement of structures utilized in the operation or
occurrence of any TEMPORARY USE within the required setback, required land use
buffer, and/or the required street buffer for arterial and collector roadways.
11. Caretaker unit. It shall be unlawful for any person operating or causing or allowing the
operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit
is required for such TEMPORARY USE, to:
a. Establish and/or utilize more than one caretaker unit.
b. Establish and/or utilize a caretaker unit for purposes other than site security or
maintenance.
c. Fail to remove any caretaker unit at the end of the time period allowed by a City of
Meridian Temporary Use Permit or by law.
12. Noise. It shall be unlawful for any person operating or causing or allowing the operation of
any TEMPORARY USE to fail to shield compressors, fans, pumps, or other motorized
equipment in a manner that minimizes noise levels to adjoining properties. It shall be
unlawful for any person operating or causing or allowing the operation of any TEMPORARY
USE, whether or not a City of Meridian Temporary Use Permit is required for such
TEMPORARY USE, to locate or operate a compressor, fan, pump, or other motorized
equipment within one hundred feet (100') of a residential district.
13. Site conditions. It shall be unlawful for any person operating or causing or allowing the
operation of any TEMPORARY USE to operate or conduct such TEMPORARY USE in a manner
that fails to provide for waste collection and disposal, including, but not limited to, debris,
garbage, food or organic products, hazardous or toxic materials or byproducts, and signs. It
shall be unlawful for any person operating or causing or allowing the operation of any
TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for
such TEMPORARY USE, to fail to remove waste from any TEMPORARY USE site.
14. Unobstructed sidewalk. Where a sidewalk or pedestrianway is obstructed in the course of
the conduct of a TEMPORARY USE, a minimum width of four feet (4') of such sidewalk or
pedestrianway shall remain unobstructed. Where the conduct of a TEMPORARY USE
obstructs a sidewalk or pedestrianway, it shall be unlawful for any person operating or
causing or allowing the operation of such TEMPORARY USE to fail to ensure that a minimum
width of four feet (4') of such sidewalk or pedestrianway remains unobstructed.
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 20 OF 39
DRAFT
Police Department Report, 7-13- I 0
C. Standards for Specific TEMPORARY USES. In addition to the Standards for All TEMPORARY
USES as set forth above, the following standards for time, place, and manner of operation or
occurrence of specific TEMPORARY USES shall also apply.
1. Standards for SUBDIVISION MODEL HOMES.
a. Where a structure is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE
SALES OFFICE, such structure shall be subject to the standards for a SUBDIVISION MODEL
HOME.
b. A SUBDIVISION MODEL HOME shall be located at or upon a lot or lots within the
subdivision containing the lots and/or dwellings of which such SUBDIVISION MODEL
HOME serves as an exhibit or example. It shall be unlawful to operate or cause the
operation of a SUBDIVISION MODEL HOME at or upon a lot or lots which is/are not within
the subdivision containing the lots and/or dwellings of which such SUBDIVISION MODEL
HOME serves as an exhibit or example.
c. A SUBDIVISION MODEL HOME shall be located only within a structure that is suitable for
sale and/or use as a residential dwelling unit. It shall be unlawful to operate or cause the
operation of a SUBDIVISION MODEL HOME within a structure that is not suitable for sale
and/or use as a residential dwelling unit. While such residential dwelling unit is
temporarily used as the SUBDIVISION MODEL HOME, such unit shall meet any and all
applicable standards for commercial occupancy and shall obtain any and all permits
required by Title 10 of this Code. It shall be unlawful to operate or cause the operation
of a SUBDIVISION MODEL HOME where such SUBDIVISION MODEL HOME does not meet
all applicable standards for commercial occupancy or without any and all permits
required by Title 10 of this Code.
d. The principal use of the SUBDIVISION MODEL HOME shall be as an exhibit or example of
lots and/or dwellings within the subdivision or planned unit development in which the
SUBDIVISION MODEL HOME is located. It shall be unlawful for any person to use or
allow the use of a SUBDIVISION MODEL HOME as a financial institution of any sort,
including as an appraisal, loan, or closing office.
e. A SUBDIVISION MODEL HOME may be operated only until there are no newly constructed
lots or dwellings for sale or rent within the subdivision in which the SUBDIVISION
MODEL HOME is located. It shall be unlawful to operate or cause the operation of a
SUBDIVISION MODEL HOME where no lots or newly -constructed dwellings are for sale or
rent within the subdivision in which the SUBDIVISION MODEL HOME is located.
£ The following provisions shall apply to any and all TEMPORARY SIGNS related to a
SUBDIVISION MODEL HOME.
(1) No more than one (1) TEMPORARY SIGN per one (1) SUBDIVISION MODEL HOME shall
be installed, erected, posted, or displayed for the purpose of identifying, promoting,
advertising, or directing patrons to such SUBDIVISION MODEL HOME. It shall be
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 21 OF 39
DRAFT
Police Department Report, 7- 13- I 0
unlawful for any person to install, erect, post, or display or to allow or cause the
installation, erection, posting, or display of more than one (1) TEMPORARY SIGN per
one (1) SUBDIVISION MODEL HOME identifying, promoting, advertising, or directing
patrons to such SUBDIVISION MODEL HOME.
(2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the
purpose of identifying, promoting, advertising, or directing patrons to a SUBDIVISION
MODEL HOME shall not exceed sixteen (16) square feet. It shall be unlawful for any
person to install, erect, post, or display or to allow or cause the installation, erection,
posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or
directing patrons to a SUBDIVISION MODEL HOME where the area of such TEMPORARY
SIGN exceeds sixteen (16) square feet.
(3) It shall be unlawful for any person to install, erect, post, or display or to allow or
cause the installation, erection, posting, or display of any TEMPORARY SIGN
identifying, promoting, advertising, or directing patrons to a SUBDIVISION MODEL
HOME upon any property other than that property upon which the SUBDIVISION
MODEL HOME is located.
(4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing
patrons to a SUBDIVISION MODEL HOME shall be removed within twenty-four (24)
hours of the conclusion of such TEMPORARY USE.
2. Standards for SUBDIVISION REAL ESTATE SALES OFFICES.
a. Where a structure is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE
SALES OFFICE, such structure shall be subject to the standards for a SUBDIVISION MODEL
HOME.
b. The operation of a SUBDIVISION REAL ESTATE SALES OFFICE without the following valid
and current licenses, permits, and/or certifications shall be unlawful:
(1) A City of Meridian Temporary Use Permit.
(2) Any and all licenses, permits, and/or certifications required by Title 10 of the
Meridian City Code.
c. A SUBDIVISION REAL ESTATE SALES OFFICE shall be located at or upon a lot or lots
within the subdivision containing the lots and/or dwellings being sold from such
SUBDIVISION REAL ESTATE SALES OFFICE. It shall be unlawful to operate or cause the
operation of a SUBDIVISION REAL ESTATE SALES OFFICE at upon a lot or lots which is/are
not within the subdivision containing the lots and/or dwellings being sold from such
SUBDIVISION REAL ESTATE SALES OFFICE.
d. The principal use of the SUBDIVISION REAL ESTATE SALES OFFICE shall be the sale of
lots and/or dwellings within the subdivision or planned unit development in which the
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 22 OF 39
DRAFT
Police Department Report 7- 13-10
SUBDIVISION REAL ESTATE SALES OFFICE is located. It shall be unlawful for any person
to use or allow the use of a SUBDIVISION REAL ESTATE SALES OFFICE as a financial
institution of any sort, including as an appraisal, loan, or closing office.
e. A SUBDIVISION REAL ESTATE SALES OFFICE may remain only until there are no newly
constructed lots or dwellings for sale or rent within the subdivision in which the
SUBDIVISION REAL ESTATE SALES OFFICE is located. It shall be unlawful to operate or
cause the operation of a SUBDIVISION REAL ESTATE SALES OFFICE where no lots or
newly constructed dwellings are for sale or rent unless such SUBDIVISION REAL ESTATE
SALES OFFICE is converted to a dwelling in accordance with all applicable provisions of
law, including Title 10 of the Meridian City Code.
f. A SUBDIVISION REAL ESTATE SALES OFFICE shall meet any and all applicable standards
for commercial occupancy and shall obtain any and all permits required by Title 10 of
this Code. It shall be unlawful to operate or cause the operation of a SUBDIVISION REAL
ESTATE SALES OFFICE where such SUBDIVISION REAL ESTATE SALES OFFICE does not
meet all applicable standards for commercial occupancy or without any and all permits
required by Title 10 of this Code.
g. The following provisions shall apply to any and all TEMPORARY SIGNS related to a
SUBDIVISION REAL ESTATE SALES OFFICE.
(1) No more than one (1) TEMPORARY SIGN per one (1) SUBDIVISION REAL ESTATE
SALES OFFICE shall be installed, erected, posted, or displayed for the purpose of
identifying, promoting, advertising, or directing patrons to such SUBDIVISION REAL
ESTATE SALES OFFICE. It shall be unlawful for any person to install, erect, post, or
display or to allow or cause the installation, erection, posting, or display of more than
one (1) TEMPORARY SIGN per one (1) SUBDIVISION REAL ESTATE SALES OFFICE
identifying, promoting, advertising, or directing patrons to such SUBDIVISION REAL
ESTATE SALES OFFICE.
(2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the
purpose of identifying, promoting, advertising, or directing patrons to a SUBDIVISION
REAL ESTATE SALES OFFICE shall not exceed sixteen (16) square feet. It shall be
unlawful for any person to install, erect, post, or display or to allow or cause the
installation, erection, posting, or display of a TEMPORARY SIGN identifying,
promoting, advertising, or directing patrons to a SUBDIVISION REAL ESTATE SALES
OFFICE where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet.
(3) It shall be unlawful for any person to install, erect, post, or display or to allow or
cause the installation, erection, posting, or display of any TEMPORARY SIGN
identifying, promoting, advertising, or directing patrons to a SUBDIVISION REAL
ESTATE SALES OFFICE upon any property other than that property upon which the
SUBDIVISION REAL ESTATE SALES OFFICE is located.
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 23 OF 39
DRAFT
Police Department Report, 7-13- I 0
(4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing
patrons to a SUBDIVISION REAL ESTATE SALES OFFICE shall be removed within
twenty-four (24) hours of the conclusion of such TEMPORARY USE.
3. Standards for PROMOTIONAL SALES UNITS.
a. The operation of a PROMOTIONAL SALES UNIT without the following valid and current
licenses, permits, and/or certifications shall be a violation of this Chapter:
(1) A City of Meridian Temporary Use Permit.
(2) A City of Meridian Citizen's Use Permit, where applicable.
(3) Any and all applicable licenses, permits, and/or certifications from the Central
District Health Department.
(4) Any and all licenses, permits, and/or certifications required by Title 10 of the
Meridian City Code.
b. It shall be unlawful to operate or cause the operation of a PROMOTIONAL SALES UNIT in a
residential district.
c. Only a PROMOTIONAL SALES UNIT directly associated with the principally permitted use
on the site on which it is located shall be allowed; for example, a sidewalk sale or tent
sales associated with an existing retail establishment shall be allowed. It shall be
unlawful to operate a PROMOTIONAL SALES UNIT at any place or in any manner that is
not directly associated with the principally permitted use on the site on which such
PROMOTIONAL SALES UNIT is located.
d. Sales by a PROMOTIONAL SALES UNIT shall be limited to a period of time not to exceed
one hundred and sixty (160) days per calendar year.
e. A PROMOTIONAL SALES UNIT and the property on or at which it is located shall comply
with the standards for vehicular and pedestrian access as determined by the Ada County
Highway District or other transportation authority.
f The following provisions shall apply to any and all TEMPORARY SIGNS related to a
PROMOTIONAL SALES UNIT.
(1) No more than two (2) TEMPORARY SIGNS per one (1) PROMOTIONAL SALES UNIT
shall be installed, erected, posted, or displayed for the purpose of identifying,
promoting, advertising, or directing patrons to such PROMOTIONAL SALES UNIT. It
shall be unlawful for any person to install, erect, post, or display or to allow or cause
the installation, erection, posting, or display of more than two (2) TEMPORARY SIGNS
per one (1) PROMOTIONAL SALES UNIT identifying, promoting, advertising, or
directing patrons to such PROMOTIONAL SALES UNIT.
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 24 OF 39
DRAFT
Police Department Report, 7- 13- I 0
(2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the
purpose of identifying, promoting, advertising, or directing patrons to a
PROMOTIONAL SALES UNIT shall not exceed thirty-two (32) square feet. It shall be
unlawful for any person to install, erect, post, or display or to allow or cause the
installation, erection, posting, or display of a TEMPORARY SIGN identifying,
promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT where
the area of such TEMPORARY SIGN exceeds thirty-two (32) square feet.
(3) It shall be unlawful for any person to install, erect, post, or display or to allow or
cause the installation, erection, posting, or display of any TEMPORARY SIGN
identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES
UNIT upon any property other than that property upon which the PROMOTIONAL
SALES UNIT is located.
(4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing
patrons to a PROMOTIONAL SALES UNIT shall be removed within twenty-four (24)
hours of the conclusion of such TEMPORARY USE.
4. Standards for TEMPORARY INDOOR EVENTS.
a. The operation of a TEMPORARY INDOOR EVENT shall be unlawful without the following
valid and current licenses, permits, and/or certifications:
(1) A City of Meridian Temporary Use Permit.
(2) A City of Meridian Citizen's Use Permit, where applicable.
(3) Any and all applicable licenses, permits, and/or certifications from the Central
District Health Department.
(4) Any and all applicable licenses, permits, inspections, and/or certifications from the
Idaho Tax Commission.
(5) Any and all licenses, permits, and/or certifications required by Title 10 of the
Meridian City Code.
(6) Written consent of the owner of the property on which the TEMPORARY INDOOR
EVENT is to be located.
b. It shall be unlawful to operate or cause the operation of a TEMPORARY INDOOR EVENT in
a structure that is solely approved for residential occupancy.
c. TEMPORARY INDOOR EVENTS shall be limited to a period of time not to exceed three (3)
days per event.
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 25 OF 39
DRAFT
Police Department Report, 7-13- I 0
d. A TEMPORARY INDOOR EVENT and the property on or at which it is located shall comply
with the standards for vehicular and pedestrian access as determined by the Ada County
Highway District or other transportation authority.
e. The following provisions shall apply to any and all TEMPORARY SIGNS related to a
TEMPORARY INDOOR EVENT.
(1) No more than two (2) TEMPORARY SIGNS per one (1) TEMPORARY INDOOR EVENT
shall be installed, erected, posted, or displayed for the purpose of identifying,
promoting, advertising, or directing patrons to such TEMPORARY INDOOR EVENT. It
shall be unlawful for any person to install, erect, post, or display or to allow or cause
the installation, erection, posting, or display of more than two (2) TEMPORARY SIGNS
per one (1) TEMPORARY INDOOR EVENT identifying, promoting, advertising, or
directing patrons to such TEMPORARY INDOOR EVENT.
(2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the
purpose of identifying, promoting, advertising, or directing patrons to a TEMPORARY
INDOOR EVENT shall not exceed sixteen (16) square feet. It shall be unlawful for any
person to install, erect, post, or display or to allow or cause the installation, erection,
posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or
directing patrons to a TEMPORARY INDOOR EVENT where the area of such
TEMPORARY SIGN exceeds sixteen (16) square feet.
(3) It shall be unlawful for any person to install, erect, post, or display or to allow or
cause the installation, erection, posting, or display of any TEMPORARY SIGN
identifying, promoting, advertising, or directing patrons to a TEMPORARY INDOOR
EVENT upon any property other than that property upon which the TEMPORARY
INDOOR EVENT is located.
(4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing
patrons to a TEMPORARY INDOOR EVENT shall be removed within twenty-four (24)
hours of the conclusion or close of such TEMPORARY USE.
5. Standards for TEMPORARY SALES UNITS.
a. The operation of a TEMPORARY SALES UNIT shall be unlawful without the following
valid and current licenses, permits, and/or certifications:
(1) A City of Meridian Temporary Use Permit.
(2) A City of Meridian Citizen's Use Permit, where applicable.
(3) Any and all applicable licenses, permits, and/or certifications from the Central
District Health Department.
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 26 OF 39
DRAFT
Police Department Report, 7- 13- I 0
(4) Any and all applicable licenses, permits, inspections, and/or certifications from the
Idaho Tax Commission.
(5) Any and all licenses, permits, and/or certifications required by Title 10 of the
Meridian City Code.
(6) Written consent of the owner of the property on which the TEMPORARY SALES UNIT
is to be located.
b. It shall be unlawful to operate or cause the operation of a TEMPORARY SALES UNIT in a
residential district.
c. For TEMPORARY SALES UNITS that stay on the site for the full duration of the use, such
uses shall be limited to a period of time not to exceed sixty (60) days, whether such days
are consecutive or not, per property per calendar year. The location of a TEMPORARY
SALES UNIT on a site for any portion of a day shall constitute one (1) day for purposes of
this section.
d. TEMPORARY SALES UNITS may utilize no more than one (1) structure. Such structure
shall not exceed seven hundred (700) square feet. It shall be unlawful to utilize more
than one (1) structure in the operation of a TEMPORARY SALES UNIT. It shall be unlawful
for any structure utilized in the operation of a TEMPORARY SALES UNIT to be more than
seven hundred (700) square feet. It shall be unlawful to utilize any structure in the
operation of a TEMPORARY SALES UNIT without any and all licenses, permits, and/or
certifications required by Title 10 of the Meridian City Code.
e. A TEMPORARY SALES UNIT and the property on or at which it is located shall comply
with the standards for vehicular and pedestrian access as determined by the Ada County
Highway District or other transportation authority.
£ The following provisions shall apply to any and all TEMPORARY SIGNS related to a
TEMPORARY SALES UNIT.
(1) No more than two (2) TEMPORARY SIGNS per one (1) TEMPORARY SALES UNIT shall
be installed, erected, posted, or displayed for the purpose of identifying, promoting,
advertising, or directing patrons to such TEMPORARY SALES UNIT. It shall be
unlawful for any person to install, erect, post, or display or to allow or cause the
installation, erection, posting, or display of more than two (2) TEMPORARY SIGNS per
one (1) TEMPORARY SALES UNIT identifying, promoting, advertising, or directing
patrons to such TEMPORARY SALES UNIT.
(2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the
purpose of identifying, promoting, advertising, or directing patrons to a TEMPORARY
SALES UNIT shall not exceed sixteen (16) square feet. It shall be unlawful for any
person to install, erect, post, or display or to allow or cause the installation, erection,
posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 27 OF 39
0 RA FT Police Department Report, 7-13- I 0
directing patrons to a TEMPORARY SALES UNIT where the area of such TEMPORARY
SIGN exceeds sixteen (16) square feet.
(3) It shall be unlawful for any person to install, erect, post, or display or to allow or
cause the installation, erection, posting, or display of any TEMPORARY SIGN
identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES
UNIT upon any property other than that property upon which the TEMPORARY SALES
UNIT is located.
(4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing
patrons to a TEMPORARY SALES UNIT shall be removed within twenty-four (24) hours
of the conclusion or close of such TEMPORARY USE.
6. Standards For SPECIAL EVENTS:
a. It shall be unlawful for an ORGANIZER of a SPECIAL EVENT, or any person, to conduct,
allow, organize, advertise, promote, or cause to be advertised or promoted a SPECIAL
EVENT without the following:
(1) A City of Meridian Temporary Use Permit.
(2) A City of Meridian Citizen's Use Permit, where applicable.
(3) Any and all applicable licenses, permits, inspections, and/or certifications from the
Central District Health Department.
(4) Any and all applicable licenses, permits, inspections, and/or certifications from the
Idaho Tax Commission.
(5) Any and all licenses, permits, inspections, and/or certifications required by Title 10
of the Meridian City Code.
(6) Any and all licenses, permits, inspections, and/or certifications required by Title 13
of the Meridian City Code and/or the policies of the Meridian Parks and Recreation
Department.
(7) Written consent of the owner(s) of any and all property or properties on which the
SPECIAL EVENT is to occur.
(8) Proof of an insurance policy, issued by an insurance company licensed to do
business in Idaho, protecting the applicant and/or any employees and/or agents
thereof from all claims for damages to property and bodily injury, including death,
which may arise from operations under or in connection with the SPECIAL EVENT.
Such insurance shall name the City as additional insured, and shall provide that the
policy shall not terminate or be canceled prior to the expiration date without 30 days'
advance written notice to the City. Such insurance shall afford minimum limits of
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 28 OF 39
DRAFT
Police Department Report, 7-13- I 0
$500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and
$500,000.00 per occurrence property damage.
C. SPECIAL EVENTS shall be allowed for a period not to exceed fourteen (14) days within
any ninety (90) day period.
d. It shall be unlawful for any person to conduct, allow, or organize a SPECIAL EVENT in a
residential district, except that:
(1) Neighborhood events or block parties shall be permitted in residential districts
without a Temporary Use Permit, although a City of Meridian Citizen's Use Permit
may be required.
(2) SPECIAL EVENTS involving a route, such as races, parades, or marches may be
permitted in residential districts, so long as such SPECIAL EVENTS both start and end
in nonresidential districts.
e. The following provisions shall apply to any and all TEMPORARY SIGNS related to a
SPECIAL EVENT.
(1) It shall be unlawful for any person to install, erect, post, or display or to allow or
cause the installation, erection, posting, or display of a TEMPORARY SIGN or
TEMPORARY SIGNS where the quantity or dimensions thereof exceed the limitations
set forth in this section. No more than two hundred (200) TEMPORARY SIGNS with an
area not to exceed six (6) square feet shall be installed, erected, posted, or displayed
for the purpose of identifying, promoting, advertising, or directing patrons to a
SPECIAL EVENT. No more than twelve (12) TEMPORARY SIGNS with an area not to
exceed thirty-two (32) square feet shall be installed, erected, posted, or displayed for
the purpose of identifying, promoting, advertising, or directing patrons to a SPECIAL
EVENT.
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 29 OF 39
DRAFT
Police Department Report; 7-13-10
(2) It shall be unlawful for any person to install, erect, post, or display or to allow or
cause the installation, erection, posting, or display of any TEMPORARY SIGN
identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT upon
any property without the permission of the owner of such property.
(3) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing
patrons to a SPECIAL EVENT shall be removed within twenty-four (24) hours of the
conclusion or close of such SPECIAL EVENT.
7. Standards for OUTDOOR MARKETS:
a. It shall be unlawful for an ORGANIZER of an OUTDOOR MARKET, or any person, to
conduct, allow, organize, advertise, promote, or cause to be advertised or promoted an
OUTDOOR MARKET without the following valid and current licenses, permits, and/or
certifications:
(1) A City of Meridian Temporary Use Permit.
(2) A City of Meridian Citizen's Use Permit, where applicable.
(3) Any and all applicable licenses, permits, inspections, and/or certifications from the
Central District Health Department.
(4) Any and all applicable licenses, permits, inspections, and/or certifications from the
Idaho Tax Commission.
(5) Any and all licenses, permits, and/or certifications required by Title 10 of the
Meridian City Code.
(6) Any and all licenses, permits, inspections, and/or certifications required by Title 13
of the Meridian City Code and/or the policies of the Meridian Parks and Recreation
Department.
(7) Written consent of the owner of the property on which the OUTDOOR MARKET is to
be located.
(8) Proof of an insurance policy, issued by an insurance company licensed to do
business in Idaho, protecting the applicant and/or any employees and/or agents
thereof from all claims for damages to property and bodily injury, including death,
which may arise from operations under or in connection with the OUTDOOR MARKET.
Such insurance shall name the City as additional insured, and shall provide that the
policy shall not terminate or be canceled prior to the expiration date without 30 days'
advance written notice to the City. Such insurance shall afford minimum limits of
$500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and
$500,000.00 per occurrence property damage.
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 30 OF 39
DRAFT
Police Department Report, 7- 13- I 0
b. It shall be unlawful for any person to conduct, allow, or organize an OUTDOOR MARKET
in a residential district.
C. OUTDOOR MARKETS shall be allowed in any nonresidential district on one (1) day per
week. It shall be unlawful for any person to conduct, allow, or organize an OUTDOOR
MARKET on more than one (1) day per week.
Q
e. The following provisions shall apply to any and all TEMPORARY SIGNS related to an
OUTDOOR MARKET.
(1) It shall be unlawful for any person to install, erect, post, or display or to allow or
cause the installation, erection, posting, or display of a TEMPORARY SIGN or
TEMPORARY SIGNS where the quantity or dimensions thereof exceed the limitations
set forth in this section. No more than twenty (20) TEMPORARY SIGNS with an area
not to exceed six (6) square feet shall be installed, erected, posted, or displayed for
the purpose of identifying, promoting, advertising, or directing patrons to an
OUTDOOR MARKET. No more than four (4) TEMPORARY SIGNS with an area not to
exceed thirty-two (32) square feet shall be installed, erected, posted, or displayed for
the purpose of identifying, promoting, advertising, or directing patrons to an
OUTDOOR MARKET.
(2) It shall be unlawful for any person to install, erect, post, or display or to allow or
cause the installation, erection, posting, or display of any TEMPORARY SIGN
identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET
upon any property without the permission of the owner of such property.
(3) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing
patrons to an OUTDOOR MARKET shall be removed within twenty-four (24) hours of
the close of such OUTDOOR MARKET.
8. Standards for GARAGE, YARD AND SIMILAR SALES.
a. It shall be unlawful for any person to conduct a garage sale at any one (1) address:
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 31 OF 39
DRAFT
Police Department Report, 7-13-10
(1) At which four (4) or more garage sales have been conducted by any person within
the preceding three hundred sixty-five (365) days.
(2) At which a garage sale has been conducted by any person within the previous thirty
(30) days.
(3) For longer than three (3) consecutive days.
(4) Between the hours of 10:00 p.m. and 6:00 a.m.
c. All GARAGE SALES shall be directly associated with a residence on the site of such
garage sale. It shall be unlawful for any person to hold a GARAGE SALE on or at any
vacant or unoccupied property and/or building, except where facts exist to support the
affirmative defense that such person:
(1) Is the owner of record of such property and/or building; or
(2) Prior to such GARAGE SALE, has obtained written permission of the owner of such
property and/or building for the garage sale, which permission shall include the
scope of such permission, including specific reference to the date(s), address, and
location of the garage sale; and the owner's signature and date.
Any person claiming exemption under subsections (a) or (b) of this section shall bear the
burden of proving that such exception applies.
d. GARAGE SALES held by or for the benefit of charitable or non-profit organizations shall
not be exempt from the provisions of this chapter.
e. It shall be unlawful for any person to conduct a garage sale in any manner which creates
a hazard to public health or safety.
£ The following provisions shall apply to any and all TEMPORARY SIGNS related to a
GARAGE SALE.
(1) No more than four (4) TEMPORARY SIGNS per one (1) GARAGE SALE shall be
installed, erected, posted, or displayed for the purpose of identifying, promoting,
advertising, or directing patrons to such GARAGE SALE. It shall be unlawful for any
person to install, erect, post, or display or to allow or cause the installation, erection,
posting, or display of more than four (4) TEMPORARY SIGNS per one (1) GARAGE
SALE identifying, promoting, advertising, or directing patrons to such GARAGE SALE.
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 32 OF 39
DRAFT
Police Department Report, 7-13-10
(2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the
purpose of identifying, promoting, advertising, or directing patrons to a GARAGE
SALE shall not exceed six (6) square feet. It shall be unlawful for any person to
install, erect, post, or display or to allow or cause the installation, erection, posting,
or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing
patrons to a GARAGE SALE where the area of such TEMPORARY SIGN exceeds six (6)
square feet.
(3) It shall be unlawful for any person to install, erect, post, or display or to allow or
cause the installation, erection, posting, or display of any TEMPORARY SIGN
identifying, promoting, advertising, or directing patrons to a GARAGE SALE upon any
property without the permission of the owner of such property.
(4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing
patrons to a GARAGE SALE shall be removed within twenty-four (24) hours of the
conclusion or close of such TEMPORARY USE.
D. Penalty. A violation of this Chapter shall be an infraction punishable by a penalty of one
hundred dollars ($100). In addition to such penalty, any person violating, allowing, or causing
any provision of this Chapter shall be subject to any and all other applicable administrative,
criminal, and/or civil penalties. Each day upon which a violation of this chapter occurs and/or
continues may be deemed a separate and distinct violation.
E. Enforcement. Peace officers and/or code enforcement officers shall be empowered to enforce
the provisions of this chapter. An officer may call upon the services of the planning, fire, parks
and recreation or other appropriate city departments to assist in the enforcement of the
provisions this chapter. An officer may investigate any use or activity which he or she
reasonably believes violates the provisions of this chapter. If an officer reasonably believes that
a provision of this chapter has been violated, the officer may issue a citation to the person
responsible for the violation or upon the owner or lawful possessor of the real property at or
upon which the violation occurred. Such citation shall be served in accordance with the
provisions of the Idaho Infraction Rules, which are incorporated herein by this reference.
3-4-4: CITIZEN'S USE PERMIT
A. In addition to other applicable provisions of this Title or of other laws, City of Meridian
Citizen's Use Permit shall be required prior to the operation or execution of a planned or
foreseeable commercial, recreational, or expressive activity, event, or gathering of persons
which:
1. Changes, attempts to change, or has a tendency to change the normal flow or regulation of
pedestrian or vehicular traffic upon or in the streets, or sidewalks; or
2. Takes place, whether entirely or partially on a street or sidewalk located within the City and
will likely result in some or total obstruction of such streets or sidewalks; or
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 33 OF 39
DRAFT
Police Department Report, 7- 13- I 0
3. Requires for its successful execution the provision and coordination of City services to a
degree over and above that which the City normally provides.
4. A City of Meridian Citizen's Use Permit shall not be required for funeral processions.
B. It shall be unlawful to operate or execute, or cause the operation or execution, of an activity,
event, or gathering of persons requiring a City of Meridian Citizen's Use Permit:
1. Without a valid City of Meridian Citizen's Use Permit.
2. At any time or upon any date other than that designated in a valid City of Meridian Citizen's
Use Permit.
3. At any place other than that designated in a valid City of Meridian Citizen's Use Permit.
C. Application for a City of Meridian Citizen's Use Permit shall be made to the City
Clerk, and shall include the following:
A completed application form provided by the City Clerk, which form shall include:
a. The name, address, and telephone number of the applicant and/or the organization on
whose behalf the applicant is applying.
b. The date(s) and time(s) at which the activity or event will occur.
c. The location(s) at which the activity or event will occur, and/or the route(s) that the
activity or event will follow, including street names, numerical blocks, and a map
thereof.
d. The number of persons, vehicles, floats, animals, and/or other form(s) of presentation,
display, conveyance, and/or transport to be included in the activity or event.
e. A description of security and safety plans and measures to be implemented at or in the
course of such activity and/or event, including, security personnel, barricades, traffic
and/or crowd control measures, cones, and/or directional signage.
2. Application fee as set forth in the fee schedule of the City Clerk's Office, except that no
application fee shall apply where applicant is or represents:
a. A non-profit organization exempt from federal income tax under 26 U.S.C. section
501(c); or
b. A governmental entity.
3. Applicant's agreement to indemnify, save and hold harmless, and defend the City and the
Ada County Highway District from the expenses of and against any and all suits, actions,
claims, and/or losses of every kind, nature, and description, including costs, expenses, and
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 34 OF 39
O RAFT Police Department Report, 7- 13- I 0
attorney fees that may be incurred by reason of any act, omission, neglect, or misconduct of
applicant or its participants in the use of the location(s) and/or route(s) at or upon which the
activity or event will occur.
4. Applicant's certification that damage to the properties, locations, and/or routes at or upon
which the activity or event will occur is not foreseeable, and that, if damaged, applicant shall
incur the costs of restoring the original condition of such properties, locations, and/or routes.
5. Written approval of the Ada County Highway District of such activity or event, including
any proof of insurance that is required by the District.
D. Upon receipt of all application materials required by this chapter, the City Clerk shall:
1. Refer such application to the Police Chief, the Fire Chief, and the Mayor for their review
and recommendation regarding approval or denial of the application. The Police Chief, the
Fire Chief, and the Mayor shall recommend approval of such application absent a finding
that the proposed activity or event would be harmful to the public health, safety, or welfare.
2. Submit courtesy copies of the application to the Ada County Sheriff's Office and the Idaho
Department of Transportation.
E. Upon receipt of the recommendations of the Police Chief, the Fire Chief, and the Mayor, the
City Clerk shall either issue a City of Meridian Citizen's Use Permit to the applicant or deny the
application.
F. Where the City Clerk denies an application for a City of Meridian Citizen's Use Permit, he shall
notify the applicant of such denial in writing, which shall include notice of the right to appeal
such decision as set forth in this chapter. Written notice of the denial shall be sent via U.S. mail
to the applicant at the address set forth on the application. The City Clerk shall deny an
application for a City of Meridian Citizen's Use Permit where:
1. The application is incomplete or required application materials or fees have not been
submitted;
2. Investigation of such application or application materials reveals that provided information
is invalid, false, or incomplete;
3. The Police Chief, Fire Chief, or Mayor recommends denial.
G. All application materials for a City of Meridian Citizen's Use Permit must be received by the
City Clerk at least twenty-one (21) calendar days prior to the proposed activity or event. The
City Clerk shall issue or deny a City of Meridian Citizen's Use Permit within fourteen (14) days
of receipt of a complete application for such license.
H. Appeal of the City Clerk's issuance or denial of an application of a City of Meridian Citizen's
Use Permit may be made by any person. Such appeal shall be made in writing, shall be mailed
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 35 OF 39
DRAFT
Police Department Reports 7-13- I 0
to the City Clerk via U.S. Mail, and shall state the reasons for such appeal. Upon receipt of such
written appeal, the City Clerk shall schedule a public hearing on the appeal at the next regularly
scheduled City Council meeting. Following a public hearing on the appeal, City Council shall
I. The City of Meridian Citizen's Use Permit shall include, on its face:
1. The name(s) of the permitee;
2. The date(s) and time(s) during which such permit is valid;
3. The location(s) and/or route(s) that the permitee shall be authorized to use under the permit;
and
4. Any and all conditions to which the permitee and/or participants shall be required to adhere
in the course of planning and/or executing such activity or event.
J. The City Clerk may revoke a City of Meridian Citizen's Use Permit where:
1. A term or condition of the license is violated by the permittee or by any employee or person
operating or acting under such permit.
2. In the course of the activity or event for which the permit was issued, the permitee or any
employee or person operating or acting under such permit violates a provision of this
chapter or of any other local, state, or federal law.
3. It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate,
or incomplete information on the application.
The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice
to the applicant at the mailing address set forth in the application. Such revocation shall be
effective immediately upon mailing by the City Clerk.
K. Appeal of the City Clerk's revocation of an application of a City of Meridian Citizen's Use
Permit may be made by the permitee. Such appeal shall be made in writing, shall be mailed to
the City Clerk via U.S. Mail, and shall state the reasons for such appeal. Upon receipt of such
appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting
within fourteen (14) days. The City Council's decision on such appeal shall be a final decisionF
L. Penalty. A violation of this chapter shall be an infraction punishable by a penalty of one
hundred dollars ($100). In addition to such penalty, any person violating, allowing, or causing
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 36 OF 39
DRAFT
Police Department Report, 7-13-10
any provision of this Chapter shall be subject to any and all other applicable administrative,
criminal, and/or civil penalties. Each day upon which a violation of this chapter continues or
occurs may be deemed a separate and distinct violation.
M. Enforcement. Peace officers and/or code enforcement officers shall be empowered to enforce
the provisions of this chapter. An officer may call upon the services of the planning, fire, parks
or other appropriate city departments to assist in the enforcement of the provisions this chapter.
An officer may investigate any use or activity which he or she reasonably believes violates the
provisions of this chapter. If an officer reasonably believes that a provision of this chapter has
been violated, the officer may issue a citation to the person responsible for the violation or upon
the owner or lawful possessor of the real property at or upon which the violation occurred. Such
citation shall be served in accordance with the provisions of the Idaho Infraction Rules, which
are incorporated herein by this reference.
3-4-5: SEVERABILITY:
If any provision, clause, sentence, or paragraph of this title or the application thereof to any person
or circumstance shall be held to be invalid by a court of competent jurisdiction, then such provision
or section shall be considered separately and apart from the remaining provisions or section of this
chapter, which shall remain in full force and effect, and to this end, the provisions of this title are
hereby declared to be severable.
Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 3. That this ordinance shall be effective immediately upon its passage.
PASSED by the City Council of the City of Meridian, Idaho, this day of
, 2010.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of
, 2010.
APPROVED:
Tammy de Weerd
Mayor
ATTEST:
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 37 OF 39
O RAFT Police Department Report, 7-13-10
Jaycee Holman
City Clerk
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 38 OF 39
O RA FT Police Department Report, 7- 13-10
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 10 -
PROVIDING FOR AN AMENDMENT OF THE MERIDIAN CITY
OUTDOOR SALES AND TEMPORARY USES ORDINANCE
An Ordinance of the City of Meridian amending Title 3, Chapter 4 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. 10 -
The undersigned, William 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. 10- 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 , 2010.
William. L.M. Nary
City Attorney
JULY 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 39 OF 39
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 07114110 12:14 PM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIII(I'I'I'IIIIII'I I III
RECORDED -REQUEST OF 110064693
Meridian City
CITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE (RZ 08-006 LANARK PROPERTY) FOR ANNEXATION OF A
TRACT OF LAND SITUATED IN LOTS 1 AND 2, BLOCK 2 OF THE OLSON AND
BUSH INDUSTRIAL PARK SUBDIVISION AND A PORTION OF LANARK
STREET AND EAGLE ROAD, LOCATED IN A PORTION OF THE SOUTHEAST V4
OF THE SOUTHEAST V4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST,
BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT
"A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA
COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE
LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF
MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING
CLASSIFICATION OF SAID LANDS FROM I -L (LIGHT INDUSTRIAL DISTRICT)
TO C -G (GENERAL COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE;
PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE
ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO
STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A
SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE
READING RULES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the following described land as evidenced by attached Legal Description
herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian,
Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said
property, to -wit: 3131 Lanark, LLC and 3163 Lanark LLC.
SECTION 2. That the above-described real property is hereby re -zoned from I -L (Light Industrial
District) to C -G (General Commercial District), in the Meridian City Code.
SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the
Ordinances of the City of Meridian zone said property.
SECTION 4. That the City has complied with all the noticing requirements pursuant to the
laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property.
SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well
as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of
the City of Meridian in accordance with this ordinance.
ANNEXATION — RZ 08-006 LANARK PROPERTY Page 1 of 3
SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
SECTION 7. This ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the
effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a
draftsman manner, including the lands herein rezoned, with the following officials of the County of
Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file
simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State
of Idaho.
SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading
in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full
force and effect upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of , 2010.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
I t day of , 2010.
MAYO MY de WEERD
ATTEST:
HOLMAN, CITY
OF MER/Qy`''%,
BRK SEAL
q
ANNEXATION — RZ 08-006 LANARK PROPERTY Page 2 of 3
STATE OF IDAHO, )
ss:
County of Ada )
On this �� y of , 2010, before me, the undersigned, a Notary Public
in and for said State, personally appeafed TAMMY de WEERD and JAYCEE L. HOLMAN,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
.••,ICA J•.•
(SEAL) y�y O T;I��,• N ARY P LI IDAHO
RESIDING AT: Ihur�a
MY COMMISSION EXPIRES: 4
••► OF-1Dp,•••
•some..
ANNEXATION — RZ 08-006 LANARK PROPERTY Page 3 of 3
Legal Description & Exhibit Map
FOX Lands Surveys, Inc.
2-7107 FAX
LgI�IAR�c PROPERTY EJES£R►PTTt3N
LOT 1 AND 2, BLOCK 2 or TWE Or SON AIDS BUSH kWATMAL PARK SuaarvrsroN AND A
POM MOF LANUM 3TFJWr *J0 EASE AOAE,:ILOCATE D INA PORT M OF THE 3W Ht A r
'/4 of THE SounWAXtr =/% $WHOM 8„ TOWWW 3 NoRTt t, RAweE 1 EAST,
BORN MAN, C" Y OF UMM44 , ADA::ocrmy, IOAwto
Lot i and 2, BI00I( 2 Of 00 Olson and Bush Industrial Park Subdivision and a Portion of
Lanark Street and ala Road, Located in a Portion of the 3outf aM % of South ,tet
Section 8, Township 3 North. Range 1 East Sol" Meriden, City of Merldi"% Ada
County, Idaho, more panlrxrlarriy described as tpllowa;
Beginning at the found Bras$ cap maddnq the Southeast corner of Section 8, T:31%1, R. 1E,
from which the found 818641 Cap marking the East 114 comer of Section 8 bears North
01028W East a distance of 2M.12 feet
Thence along Me Easterly boundary die of said Section 8, North 01`28'88' East: a
distance of 498.00 feet to the TRUE POINT OF WGINAIM,
thence a" the, South line of Lots 1 & 2, Bfoae 2 of the Olson and Bush Industrial Parte
Subln Won arod ft ass#erty extension the OO. North 88"28`17' West a distance of 320.07
feet to A disturbed found 14 inch rebar, MpWoed with a SW 5M inch rebar with plash cap
stamped "FLSI PLS 7812' at the SouthW99 comer of NO Lot 2;
thence along On West boundary tine of said Lot 2: and the northerly exten+alon thereof,
North 01'28'08" East a distance of 299:82 feet to a point on the center line of Lard
Street,
thonce along Said center line South 88"28'08' East a distance Qf 320.07 feet to a point at
Its' intersect%n with East line of Section 8;
thence a" said East fine of Section 8, •South 01 `28'08' WOO a distenca of 299.81 f!e tto
the TRUE POINT OF BEGIINN#NG,
Corttauning 2:203 +yes, more or hsa.
SubJSd to existing easements and dghft4 way as any may exist, of record or not o
record.
The Basis of Bearings for this description is between the found areas cap markMg ft
SOu"W" Sec " Conner Of Sergi 8. T.3N, R.1E, and thefound Brass Cap marking ttv
East 114 comer
of Section 8 which bears North 01'28`08' East.
Timothy J. Pox.. PLS 7812
FIE ir(��a +At
MER MAK PUOUG
cpaf om. vollm e. 1/4
POOOfM4 & #AWMlI
loo 104
CENTER ut4g CF-
U N 1 0 N P A 0.1 F I C R A 1 L R 0 i4 Q
........._.
B L 0 C K i<
a y �'
L A N A R K S T R -E E T
(tE1t1
9-
8Y
A111_mo4AN PUSUC
WORKS OEPT..
N8$'28 l rW 320.07'
6
i
"�
dr
rti
cp34
Y
U
3
w
&j
Not To S"fo
toc3
O
w
qp
'
Q
W
(tE1t1
9-
8Y
A111_mo4AN PUSUC
WORKS OEPT..
N8$'28 l rW 320.07'
6
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 10- 1'{5 t
PROVIDING FOR ANNEXATION AND ZONING ORDINANCE
An Ordinance of the City of Meridian granting annexation and zoning for a tract of land
situated in lots 1 and 2, Block 2 of the Olson and Bush Industrial Park Subdivision and a portion
of Lanark Street and Eagle Road, located in a portion of the Southeast %4 of the Southeast V4 of
Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more
particularly described in Attachment "A". This parcel contains 2.203 acres more or less. Also, this
parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in
attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is
available for inspection at City of Meridian, 33 East Broadway Avenue, Meridian,
Idaho. This ordinance shal a Ceoti01 n the i q day of 2010.
Cc �y f
�'
Z��
Ci o M i
Mayor d ty Counci . 7P " In /V
By: Jaycee L. Holman,fo
Pi TI ,
First Reading: �� c
Adopted after first r6ading by suspension of the Rule as allowed pursuant to Idaho Code 50-902:
YES_ NO
Second Reading: NA
Third Reading: N A
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY
OF ORDINANCE NO. 10- 1L5 �
The undersigned, William 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. 10- I y.51 _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 — t3_ day of �.�1L1 , 2010.
1.
William. L.M. Nary
City Attorney
ORDINANCE SUMMARY — RZ 08-006 LANARK PROPERTY Page 1
I