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2010 08-17 Special
E IDIAN~- I[~ANO 1. CITY COUNCIL MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, August 17, 2010 at 7:00 PM (Meeting started at 7:18 p.m.) SPECIAL MEETING Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. 3. 4. 5. Pledge of Allegiance Community Invocation by Gordon Slyter of Treasure Valley Worship Center Adoption of the Agenda Adopted Consent Agenda Approved A. Addendum to Development Agreement for Approval: MDA 10- 002 Bridgetower Crossing Office by Primeland Investment Group, LLC Located on the Southwest Corner of W. McMillan Road and N. Linder Road: Request to Modify Several Provisions of the Recorded Development Agreement (Inst. #108059801) B. Approval of Agreement with Ada County Highway District for Construction of Overland Road IIB Project C. Order Granting Final Plat Approval: FP 10-005 Zebulon Heights Subdivision No. 3 by The Traditions by Amyx 11, LLP Located South of East McMillan Road and West of North Eagle Road: Request for Final Plat Approval of 18 Single-Family Residential Building Lots, 4 Common Lots and 1 Ada County Meridian City Council Special Meeting Agenda -Tuesday, August 17, 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. E IDIAN~-- ~~pHO CITY COUNCIL MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, August 17, 2010 at 7:00 PM '~ '. I ~' ,~, rv~ SPECIAL MEETING /1. Roll-Call Attendance David Zaremba Brad Hoaglun Charlie Rountree/ ~ Keith Bird Mayor Tammy de Weerd ~2. Pledge of Allegiance / 3. Community Invocation by Gordon Slyter of Treasure Valley Worship Center ~4. Adoption of the Agenda $~/~~ / 5. Consent Agenda ~.~~~ 3~ I D ~ A. Addendum to Development Agreement for Approval: MDA 10- 002 Bridgetower Crossing Office by Primeland Investment Group, LLC Located on the Southwest Corner of W. McMillan Road and N. Linder Road: Request to Modify Several Provisions of the Recorded Development Agreement (Inst. #108059801) B. Approval of Agreement with Ada County Highway District for Construction of Overland Road IIB Project C. Order Granting Final Plat Approval: FP 10-005 Zebulon Heights Subdivision No. 3 by The Traditions by Amyx II, LLP Located South of East McMillan Road and West of North Eagle Road: Request for Final Plat Approval of 18 Single-Family Residential Building Lots, 4 Common Lots and 1 Ada County Highway District (ACRD) Storm Drainage Lot on 8.06 Acres in an R-4 Zoning District Meridian City Council Special Meeting Agenda -Tuesday, August 17, 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. D. Order of Conditional Approval of Final Plat: FP 10-004 Spurwing Greens by Lion Land, LLC Located Approximately 1/4 Mile North of Chinden Boulevard, West of Spurwing Subdivision: Request for Final Plat Approval for 2 Residential Building Lots and 2 Common Lots on Approximately 2.13 Acres in an R-2 Zoning District 6. Community Items/Presentations A. Smoke-Free Parks Presentation & Discussion ~~'~ f ~~~~ 7. Department Reports C~~`~`-- A. Planning Department: Request by Keith Borup for Waiver ofCe~ ~3 Fees for an Annexation Application ~}~"'L ~a^r`~'` ~ B. Public Works: Well #27 Project Close Out Staff Requests to Table This Item To the Council Meeting ~j~,~ 8. Items Moved From Consent Agenda 9. Action Items A. ~~ i 17 ~" `~-g ~~' y~-~ v .~~ - !` K- S • ,~`~ I(`~~~'l`s' ' `~(~ Continued Public Hearing from July 06, 2010: AZ 08-005 C ~p/~-~~ Meridian and Amity by Hawkins Companies Located at the ~ p Northwest Corner of W. Amity Road and S. Meridian Road, ~~ I South of Harris Street: Request for Annexation and Zoning of 73.10 Acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 acres), L-O (Limited Office) (3.22 D~/C R acres) and C-C (Community Business) (30.72)and C-G (General Retail and Service Commercial) (33.47 acres) Zoning Districts Annlicant Requests to Continue to August 16, 2011/Planning has comments d-'I( fJR.c.~c~tJ' - ~-~---~~^- ~~-0`'~'r`" «~~ ~~~ B. Continued Public Hearing from July 6, 2010: VAR 08-008 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Variance to UDC 11-3H-4 Which Prohibits New Approaches From Directly Accessing a State Highway to Allow 2 Right-In /Right-Out Access Points (Approximately 660 .Feet From the North and South Intersections) and 1 Right-In /Right-Out, Left-In Access Point at the 1/4 Mile to State Highway 69 /Meridian Road Meridian City Council Special Meeting Agenda -Tuesday, August 17, 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. Cam"-" , ~~ ~ n ~ ~ ~0 ~~~ A licant Re uests to Continue to Au ust 16 2 ~,~ ~t.o~, ~-- C w.~ BN ~b - c~~d~ l 10. Ordinance 3 Swbt-h-I~ Maher ~ ~-~r`^~ ~ l~3 ~~ C~/ ~~ A. Continued from August 10, 2010: Ordinance No. 10-1452: 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 Advis Commission; and Providing an Effective Date ~~ pp K-~~~/'~ B. Ordinance No. Proposed # 10-1453: Repealing and eplacing Title 3, Chapter 4, of the Meridian City Code, Regarding Outdoor Sales and Temporary Uses, Including Mobile Sales Units, Temporary Uses, a d Citizen's Use Permits ~ ~ ~L~ ~ /~~ ~~~ _ ~~ C:~c.-~ ~ ol~l J ~~ ~ -~ ~ C ~ ~~~ C , ~~ S- Meridian City Council Special Meeting Agenda -Tuesday, August 17, 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. Highway District (ACRD) Storm Drainage Lot on 8.06 Acres in an R-4 Zoning District D. Order of Conditional Approval of Final Plat: FP 10-004 Spurwing Greens by Lion Land, LLC Located Approximately 1/4 Mile North of Chinden Boulevard, West of Spurwing Subdivision: Request for Final Plat Approval for 2 Residential Building Lots and 2 Common Lots on Approximately 2.13 Acres in an R-2 Zoning District 6. Community Items/Presentations A. Smoke-Free Parks Presentation & Discussion 7. Department Reports A. Planning Department: Request by Keith Borup for Waiver of Fees for an Annexation Application B. Public Works: Well #27 Project Close Out 8. Items Moved From Consent Agenda 9. Action Items A. Continued Public Hearing from July 06, 2010: AZ 08-005 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Annexation and Zoning of 73.10 Acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 acres), L-O (Limited Office) (3.22 acres) and C-C (Comunity Business) (30.72)and C-G (General Retail and Service Commercial) (33.47 acres) Zoning Districts B. Continued Public Hearing from July 6, 2010: VAR 08-008 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Variance to UDC 11-3H-4 Which Prohibits New Approaches From Directly Accessing a State Highway to Allow 2 Right-In /Right-Out Access Points (Approximately 660 Feet From the North and South Intersections) and 1 Right-In /Right-Out, Left-In Access Point at the 1/4 Mile to State Highway 69 /Meridian Road Meridian City Council Special Meeting Agenda -Tuesday, August 17, 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. 10. Ordinances A. Continued from August 10, 2010: Ordinance No. 10-1452: 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 B. Ordinance No. :Repealing and Replacing Title 3, Chapter 4, of the Meridian City Code, Regarding Outdoor Sales and Temporary Uses, Including Mobile Sales Units, Temporary Uses, and Citizen's Use Permits Meridian City Council Special Meeting Agenda -Tuesday, August 17, 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 City Council Special Meeting August 17, 2010 A Council meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, August 17, 2010, by Mayor Tammy De Weerd. Members Present: Mayor Tammy De Weerd, President David Zaremba, Charlie Rountree, Keith Bird, and Brad Hoaglun. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Bill Parsons, Clint Dolsby, Steve Siddoway, James Leslie, Joe Silva 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: Sorry we are starting a little bit late this evening. Thank you for your patience with us. We will just go ahead and dive right into our next meeting. For the record, it is August 17th. It's 7:17. Welcome to our City Council meeting. Madam Clerk, will you, please, start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Gordon Slyter of Treasure Valley Worship Center De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Gordon Slyter with the Treasure Valley Worship Center. We invite you to, please, join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us, pastor. Slyter: Glad to be here. Let's pray. Our Father and our God, we come before you tonight acknowledging your sovereignty, your majesty, and your covenant love. We read in the Bible, Lord, that righteousness and justice are the foundation of your thrown. You reign, oh, Lord. Let the earth rejoice. We thank you tonight for your favor upon our community and as others around our nation place accolades upon our city, we would be quick, oh, Lord, to give you the thanks and the credit for the recognition that we have earned and received. You exalt those who humble themselves before you. So, in humility we ask for your continued guidance for our city, our public servants, and our Meridian City Council Special Meeting August 17, 2010 Page 2 of 53 citizens. May your peace and your blessings always abound to us in this City of Meridian and for that we give you praise. I pray these things in the name of your Holy Son Jesus, amen. De Weerd: Thank you for being here with us this evening. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items on the agenda to make note of. Under Department Reports, 7-B, staff is requesting to table this item to August 27th. Under Item 9 for Action Items, there is a request to continue to August 16th of 2011, on both Items 9-A and 9-B. And under Item 10 Ordinances, 10-A is ordinance number 10-1452 and 10-B is ordinance number 10-1453. And with those changes, Madam Mayor, I move the adoption of the agenda as presented. Zaremba: Second. De Weerd: I have a motion and a second to adopt the agenda as noted. All those in favor say aye. Canning: Madam Mayor? De Weerd: Oh. Yes. Canning: Staff had requested a discussion on Items 9-A and 9-B. Did Council -- De Weerd: We will get -- we did not officially continue them. Canning: Okay. De Weerd: It was just noted that the request has been made. Canning: Okay. Thank you for the clarification. De Weerd: So, all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda Meridian City Council Special Meeting August 17, 2010 Page 3 of 53 A. Addendum to Development Agreement for Approval: MDA 10- 002 Bridgetower Crossing Office by Primeland Investment Group, LLC Located on the Southwest Corner of W. McMillan Road and N. Linder Road: Request to Modify Several Provisions of the Recorded Development Agreement (Inst. #108059801) B. Approval of Agreement with Ada County Highway District for Construction of Overland Road I1B Project C. Order Granting Final Plat Approval: FP 10-005 Zebulon Heights Subdivision No. 3 by The Traditions by Amyx II, LLP Located South of East McMillan Road and West of North Eagle Road: Request for Final Plat Approval of 18 Single-Family Residential Building Lots, 4 Common Lots and 1 Ada County Highway District (ACRD) Storm Drainage Lot on 8.06 Acres in an R-4 Zoning District D. Order of Conditional Approval of Final Plat: FP 10-004 Spurwing Greens by Lion Land, LLC Located Approximately 1/4 Mile North of Chinden Boulevard, West of Spurwing Subdivision: Request for Final Plat Approval for 2 Residential Building Lots and 2 Common Lots on Approximately 2.13 Acres in an R-2 Zoning District De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: There were no changes to the Consent Agenda, so I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Zaremba: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. 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. Meridian City Council Special Meeting August 17, 2010 Page 4 of 53 Item 6: Community Items/Presentations A. Smoke-Free Parks Presentation & Discussion De Weerd: Item 6 under Community Presentations, I will turn this over to Mr. Siddoway. Siddoway: Thank you, Madam Mayor, Members of the Council. I want to introduce to you Ms. Joann Graff from the Central District Health Department. She has a presentation regarding smoke free parks and this presentation was made to the Parks and Recreation Commission last week, so we wanted you to see it as well, after which I will be back up and follow up by briefing you on the Commission's discussion on the site and seek your direction. De Weerd: Thank you. Good evening. Graff: Good evening. De Weerd: If you will, please, state your name and address for the record. Graff: Joann Graff. 4608 North Futurity Avenue, Boise. De Weerd: Thank you. Graff: Well, it's a pleasure to be here to speak with you tonight. You should have a packet of information and within that packet is an overview sheet. The second sheet is outdoor smoking or secondhand smoke in regards to outdoor circumstances. The third page is policies in Idaho. The fourth page is a model tobacco free policy and, then, followed by community tobacco survey results and a letter from the Mayor's anti-drug coalition in support of tobacco free policy and so I'll just directly go into my presentation. I work in the tobacco prevention and control program and the purpose of -- of my work is to build partnerships for tobacco prevention and policy and I'm here to speak about our smoke free parks project, giving you a little bit about the funding source and timeline. The project actually began in March and will continue until March 29th, 2011. We received funding from the Centers For Disease Control and Prevention through a grant administered by the Idaho Health and Welfare. They contracted with the seven covered health districts and we are all working on smoke free park policies. And just so we are on a level field as far as definitions, I wanted to share this, that smoking would include the possession of any lighted tobacco product in any form and tobacco free would include both smoking and smokeless tobacco. And think back to -- if you will think back with me to 1965, about 50 percent of adult men smoked, about a third of women smoked, and you could smoke at many places, including work, on airplanes, in college classes and so on and so forth. Let's look at cigarette smoking rates now. In the four counties served by Central District Health Department, we have about a 17.5 percent smoking rate, 19.1 percent for the state of Idaho, and so a majority of Idaho residents do not smoke. Tobacco policies now. At work sites Boise State University Meridian City Council Special Meeting August 17, 2010 Page 5 of 53 last fall adopted a smoke free campus wide policy and when I worked with them on that policy, they debated whether they should go full force into a smoke free policy or whether they should phase in with designated smoking areas. They felt that if they phased in it would be a hot button each time they made a change. They also would have to re-educate and they would have to redo the signage. So, that's something to consider when you're looking at policies. Other tobacco policies that are in effect -- and these are tobacco free campuses. Central District Health Department, Blue Cross of Idaho, and area hospitals. Those are tobacco free. Outdoor recreation areas, if any of you are skiers you know that Bogus Basin went smoke free last fall. And hotels, as well as 79 percent of homes have smoke free rules. And why do we ask you to consider smoke free policy? Parks promote healthy activities we know and if any of you are parents you know that children model adult behaviors. Secondhand smoke is dangerous and cigarette liter is harmful. Within your mission statement for the Meridian Parks and Recreation it is to provide well designed and properly maintained parks and recreational opportunities for the citizens and a smoke free policy would enable that. A web -- website listing on April 5th included that the City of Meridian takes great pride in its park system to include amenities, open spaces and an acceptable environment for use of all the facilities. So, certainly, you wouldn't consider secondhand tobacco smoke in an acceptable environment. Secondhand tobacco smoke is a mixture of gases and fine particulates and we know that at least 250 toxic chemicals -- it includes more than 250 toxic chemicals, including more than 50 that cause cancer. There is no safe level of secondhand tobacco smoke. And maybe -- or exposure has immediate affects on the heart and lungs and that the most vulnerable populations are those that frequent parks. Infants, children, and older people. -But how about outdoor secondhand smoke? During smoking outdoor smoking levels may be as high as indoor smoke levels and being upwind from a smoker does not eliminate chemicals from the air and people are exposed at higher levels of cancer causing chemicals in outdoor areas when smoking is occurring. And there is an information sheet that I provided for you that provides more information on that. So, secondhand smoke rises in the air, it becomes invisible, so even if you can't see it, then, you're still breathing in the toxins from the unseen smoke. Cigarette butts are the most common liter in parks. It's expensive to clean them up and they can be swallowed by kids. Central District Health Department has had a tobacco free policy since 2008 and our custodial staff has reported that there has been an 85 percent reduction in cigarette butt liter as a result of that policy. Recreation groups that support tobacco free policies include the National Alliance for Youth Sports, the National Youth Sports Safety Foundation, and the National Youth Sports Coaches Association. Is the concept new? No. The American Nonsmokers Rights Foundation compiles lists of smoke free parks and their current list has over 450 parks that have -- that are smoke free that cover the total park area. So, it would be a park wide policy. These are some smoke free parks in Idaho. Ammon, Emmett, Hayden, and Rexburg currently have an ordinance on the books in regards smoke free parks. Payette, Melba, and Wilder have a policy. Ammon, Melba, and Wilder are the three that are one hundred percent smoke free and there is a chart included in your information that provides additional details on the different policies and ordinances for these. What are the components of a successful policy? The sample policy that I provided for you lists these. It includes rationale. You need to have a reason why you would want a smoke free park. You Meridian City Council Special Meeting August 17, 2010 Page 6 of 53 would want to list all of the facilities or locations that it covers. What forms of tobacco use are prohibited, whether it would be smoke free or tobacco free. And certainly include the enforcement plan, which should include user and staff notification and signage. And you would want to consider whether it should be a policy or an ordinance. Park policies are rules. There is typically no fine. It's usually voluntary to follow those, where ordinance has a little bit more meat in it and what areas to be covered. It could be parks, playgrounds, athletic fields, skate parks, trails, picnic grounds. And, in fact, in Meridian you do have a couple of parks that have some smoke free policy. Your city -- just outside of City Hall is a smoke free -- designated smoke free area. Settlers Park has a smoke free policy in the playground area and Tully Park has a smoke free policy in the skate area. In public policy not only does it promote that positive role modeling, decreases exposure to secondhand smoke, reduces harmful cigarette liter, the public actually supports these policies and I have completed almost 500 surveys at three different venues this summer and support is for -- so, this is a total of the 493 surveys and these are people that would agree or strongly agree that tobacco use should be prohibited. So, I -- in the survey I used the word tobacco use, rather than just using smoke free. So, tobacco use would include both chewing or smoke free tobacco, as well as smoking tobacco as smoking and with the parks 69 percent of the people agreed -- or strongly agree that tobacco use should be prohibited. With playgrounds that jumps to 89 percent. And outdoor sports 69 percent. So, they asked about skate and bikes and that's 79 percent. With trails it was 70 percent. And picnic areas 76 percent. The question was also presented have you ever been bothered by secondhand smoke and 52 percent had been bothered when visiting a park in Boise or Meridian. So, how does the rest of Idaho look? Our survey completed by the Department of Health and Welfare in 2009 states that more than half of Idahoans supported smoke free outdoor areas, especially when children were present. The Boise Parks and Rec recently completed a comprehensive system park -- system plan survey and 58 percent of Boise residents recommended a ban on smoking in city parks and facilities. Seventy-eight percent of South Central District Health Department survey respondents supported tobacco free parks and South Central is the Twin Falls area. And, then, in the Lewiston area, north central district, there was an 80 percent support of tobacco free parks. How are these policies enforced? Well, similar to other policies the number one way to enforce them -- primary enforcement tool is the signage. It's also important to educate and inform on the website, the newsletter, the activity guides, brochures, and policy manuals. You can have reminders at coach's meetings, you could have parents -buy in as well. Some ask violators to leave the park area for the remainder of the event, but most rely on peer enforcement, not police. These are just some examples of how you could notify the public, similar to what we did at Central District and also the area hospitals use notification cards. So, a card and a bookmark. And there are frequently common concerns surrounding smoke free policy, including enforcement, personal rights, discrimination. and the concern of what will be prohibited next. And Minnesota has a long track record with smoke free -- actually tobacco free parks. Minnesota currently over one hundred municipalities that have tobacco free parks -- park policies and they conducted a study in 2004 and these are the results and the last two that 74 percent reported no problems with park users violating the policy and this survey actually was of the park directors and 90 percent would recommend Meridian City Council Special Meeting August 17, 2010 Page 7 of 53 tobacco free policies to other communities. So, a great endorsement there. Let's talk a little bit about the two policies in Idaho that have somewhat of a track record, because they have been around for at least two years. Ammon's -- when I spoke with their parks and rec director he said that most people comply, that compliance is enforced by the patrons and that his recommendation is even though their policy is park wide, that he would suggest it for the high traffic areas. Rexburg -- I spoke with their compliance officer and she said that the citizens are very happy with the policy, they have had no complaints or opposition. Even the smokers support it. A majority of the people comply and, interestingly enough, it is the visitors to Rexburg that tend to be noncompliant, because they are not informed. And compliance is enforced by the police department. But they just do that as a part of normal park surveillance. They work off of complaints and they typically start with a verbal warning. So, that's just a couple of examples of local -- of Idaho experiences. Another question I frequently get is -- is the personal rights issue and there is no constitutional right to smoke. Smokers are not a protected class, such as race or gender would be. It is not a violation of nondiscrimination laws to prohibit smoking, because smoking is a behavior, it's not a condition of birth. So, it's not protected from discrimination. And, then, someone frequently asked what are you going to outlaw next and I always like to refer to this quote from Ferd Schlapper, who is the former executive director of health wellness and counseling services at Boise State University and he said the health problems of sugar, fat, solids and alcohol stem from the misuse, overuse and abuse of these products. Tobacco is the only product that when used properly, as directed, leads to say severe illness and premature death. So, options to consider would be tobacco free or smoke free. Policy or ordinance. Would you want it park wide, a specific area, or just for specific events? Or there could be no change in what currently exists in Meridian, which, by the way, we included Meridian's ordinance in the listing of park policies, because smoking is prohibited where signs disallow it. For example, at City Hall. There are resources that are available. I'm certainly available to help with policy development and I have model policies from throughout the United States and we have our signage. This is an example one of the signs that's available. This is a tobacco free zone sign, so it would be appropriate if a tobacco free policy were adopted. Here is a no smoking within a certain number of feet of the playground. This is a no smoking allowed in this park, which would a parkwide policy or a no smoking with a certain number of feet of the playground. So, I would encourage you to consider that tobacco free environments promote positive community role modeling and they protect the health and the safety and the welfare of community members. And I hope that I will be able to thank you for making your parks tobacco free. So, I stand for questions or -- De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Joann, the last couple slides you indicated some free signs that were available -- Meridian City Council Special Meeting August 17, 2010 Page 8 of 53 Graff: Yes. Rountree: -- through Central District Health. Does our current ordinance qualify the City of Meridian for that program? Graff: Madam Mayor -- Rountree: Or a specific policy. Graff: Councilman Rountree, your current ordinance would support using those signs. Rountree: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I appreciate this discussion for parks purposes. As a nonsmoker myself I'd be perfectly happy if we had an ordinance that said no smoking on any city property regardless of what it is. Parks. Walkways. Maintenance facilities. We already have this campus as a smoke free area. I'd be perfectly happy to see that include everything the city owns. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question for Joann. Joann, I think one of the city parks you had in your example talked about employees, there was no smoking by employees even in the park. Is that -- Graff: Yes. Hoaglun: I can't remember which one that was. Was that Ammon or was that -- Graff: Rexburg. Hoaglun: Rexburg. Okay. Graff: And in Ammon there is designated areas is what I believe. Hoaglun: Okay. So, that is something as we move forward with a policy, we have to decide, okay, well, what about our workers, if we have people who smoke, what -- what transpires there, so -- probably more a question for Steve when he comes back up, so -- Meridian City Council Special Meeting August 17, 2010 Page 9 of 53 Graff: Uh-huh. And, Madam Mayor, may I address that? Councilman Hoaglun, I would refer to my experience with Boise State University in which their policy is in force for employees as well and so they are asked to step off the property, as well as at Central District Health Department our employees that smoke are asked to step off. Hoaglun: Madam Mayor, Joan, and like hospitals. So, they have to leave the campus completely -- Graff: That's correct. Hoaglun: -- to smoke, so -- okay. Thanks. De Weerd: Okay. Any other questions from Council? Joann, thank you for joining us. All right. You also had mentioned that the parks commission had discussed this and what was the result of their discussion? Siddoway: Madam Mayor, Members of the Council, the Parks Commission did receive this presentation and discussed it last week. There was an interesting discussion and Councilman Hoaglun was there, so I'd invite you to fill in anything I leave out, but there was seven of the nine commissioners present during that discussion. In the discussion it became apparent that all seven of the commissioners supported smoke free policies of some kind for the parks. It was really more a question of the level that they wanted to go. In those discussions two particularly pushed for and other supported the idea of keeping this to the high traffic areas as recommended by the city of Ammon, who currently has the park wide ordinance. However, five of them felt pretty passionately that it ought to be a park wide ban. On the issue of smoke free versus tobacco free, think we were focused in on the -- the smoke free aspect of the policy to match what we currently have at both City Hall and police campus, to stay consistent with those. On the issue of an ordinance versus a policy, there was support for an ordinance, so that it would have the force of law and more teeth. And, then, it really came down to this question of park wide ban versus high traffic area, you know, playgrounds, structures, bleachers, events type of a ban. My own thoughts, I would support a smoke free ordinance for -- for parks. I do have some staff concerns, as Councilman Hoaglun alluded to. I don't -- haven't taken an exact count, but I have probably half of my maintenance workers that currently smoke and if we did a park wide ban they would have to leave a park stand out on the sidewalk and smoke, probably isn't a great option. The -- you know, we don't allow them to smoke in vehicles, things like that already, or in our -- our shops, so the -- De Weerd: So, Steve, where do they smoke? Siddoway: They would be -- De Weerd: Standing in the park? Meridian City Council Special Meeting August 17, 2010 Page 10 of 53 Siddoway: In the park. Yeah. De Weerd: Yeah. That doesn't look too great either. Siddoway: Yeah. So, I need to work through that. We also -- there was also discussion about whether the park wide ban was the right way. Like I mentioned, a majority of the commissioners that were there supported that. The two that didn't support it had concerns that if someone is off on a corner of a park on their own and was smoking, do we want that to be, you know, against the law, basically. City ordinance or would we prefer to have that in signed areas near the playgrounds, near the concession buildings, bleachers, that kind of thing. So, we have an opportunity to get some signs. This opportunity is available to us through March of next year and wanted to bring this forward for discussion and seek any direction that -- that you would -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Steve, you're saying smoke free, not tobacco free? Because to me chew spit on the ground or sidewalks is the worst, most filthy habit I have ever seen. Siddoway: Yes, sir. And -- but only for consistency sake. I mean the -- it could just as easily be tobacco free for me, but where I already knew that the City Hall campus was smoke free, police department was smoke free, I thought about parks as smoke free just to be consistent with what I already knew we were in the process of adopting. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I think when we discussed the City Hall campus being smoke free, I wasn't really thinking about the distinction or aware of the difference. If somebody had mentioned tobacco free at that time I would have supported it. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I have a question for Lieutenant Leslie and this -- this gets into an enforcement. If we were to adopt ordinance or policy -- and let's take movie night, as an example, out at Settlers. From an enforcement standpoint, for an officer is it easier to say there is no smoking in this park, you can only -- or no smoking in the park or you can only smoke in the parking lot or you have to be 50 feet away from the crowd? I -- what's easier to enforce when they are doing their job? Meridian City Council Special Meeting August 17, 2010 Page 11 of 53 Leslie: Madam Mayor, City Council, Mr. Hoaglun, it's a great question. The feet thing would make it more difficult for us. You have 50 feet from specific sections and, then, you start start getting a little more into, well, I was 50 feet or 49 feet. Having specific areas -- the entire park would be the easiest to enforce, because it's clearly -- the boundaries are set, because it's obvious what the park is and what's not the park, but think you could still work with playground areas, that type of stuff. I'd probably stay away from this footage a little bit. I think it would make it a little more complicated. Hoaglun: So, Madam Mayor and lieutenant, then -- so, if -- if we were to design something, it is based on an area -- preferably not how many feet, like you said, that's much -- Leslie: Yeah. Hoaglun: -- more difficult, but say, okay, this area is smoke free, which we could define by signage. Leslie: Yeah. I think it's a lot easier to educate the patrons of the park that the entire park is smoke free or tobacco free or the playground is smoke free or tobacco free versus, you know, certain perimeters or sections of by footage. Hoaglun: Okay. Thank you. De Weerd: Any other questions from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: We do already, I believe, prohibit alcohol in the parks, although there is a -- there is an exception to that if it's a reserved event in a structure and they bring one beer per person -- I forget what the things are, but my actual -- my question isn't that, my question is is that an ordinance or a policy? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, we already have an ordinance. We passed this -- we passed the smoking in bars. We made it apply anywhere we post it. So, whether it's public or private property, anywhere that's posted no smoking it's a violation of our ordinance and it's an infraction offence, a 50 dollar fine, to violate that. So, you already have an ordinance in place. The only thing there was -- I know this when I saw that picture of Settlers, I don't think the sign at Settlers -- at the Adventure Island playground complies with the ordinance. It has to be one inch lettering and I don't know if it is. And it has to be visible and it has to have a smoke free symbol on it, Meridian City Council Special Meeting August 17, 2010 Page 12 of 53 so I mean there is a couple of things that it has to have to be enforced as the ordinance. But that's a fairly easy fix. So, you already have an ordinance in place. It allows it anywhere you choose. I can maybe address, too -- the wellness committee is part of my department and we work with all the different departments. We have members from all the departments. No smoking and tobacco free has been ongoing discussion of that group and there is a very strong feeling of that group of wanting to bring a program to the city to assist our employees in the various departments who are still either chewing or smoking. There is a number of programs out there. We previewed one that St. Luke's supports greatly, because it has a high success rate and so does Mercer, our consultants that we use for benefits. It has a higher success rate than most other programs. It's also very expensive and it hasn't been able -- it hasn't been able to be done mostly because of cost in trying to do that and whether or not -- and part of the discussion of our group has been do we target a particular employee group or all employees or both. We have high concentration of smokers in certain departments and we have some departments have no smokers at all. So, in trying to figure out how to best address it, again, to try and balance both the cost of putting the program on with the budget that we have for wellness and trying to fit it in, but it certainly has been a priority discussion. Some of the things that I think Steve has raised has been a challenge. The wellness committee as well is we have employees that work in certain departments that can't leave the campus of where they work. So, if we impose a no smoking ban entirely, it will impact those employees even greater than maybe some of the parks folks Steve's talking about, because where they work they can't -- they can't leave during the course of their day, other than for a lunch break or something like that. So, they don't really have the ability. So, the thought was is we were going to create a city wide policy for employees, that we also do it in conjunction with a no smoking program, so there is an opportunity and, then, provide some time for people to, essentially, take the program and, hopefully, get -- get to be smoke free themselves, but -- anyway, so we have wrestled with the same issues as Steve's talking about at the wellness committee in trying to be a healthier workforce. Certainly smoking is a huge impact on that and both for the smoker, as well as for secondhand smoke. So, we have certainly addressed it, but you have an ordinance, signage is all that's required. You know, I would certainly agree with Lieutenant Leslie, the larger the area the easier to enforce from an enforcement standpoint, from education. The problem that I think you're going to see some occasionally is you're going to have, you know, a person that's walking on the path at Settlers Park, there isn't anyone around them, so now you are going to have an employee going over there trying to enforce the no smoking, you know, on the most obscure part of the park that isn't interfering with anybody, but that's just part of the process and we can certainly deal with that. But those are the kind of things that I think you will see, but, anyway, I wanted you to know we had been discussing internally as well as how to address it with all employees. Siddoway: To make sure, Isee -- there is many options, but two that I see staring at us are, one, either a -- we keep the existing ordinance, which we already have, and sign those areas that we want to make smoke free with the signs that Joann would have. The second option would be adopting a new ordinance as a park wide ban. Meridian City Council Special Meeting .August 17, 2010 Page 13 of 53 Hoaglun: Madam Mayor. And to comment on that -- and I'm like Councilman Zaremba, you know, I'm in favor of doing it tobacco free in all our parks in all aspects of our parks, but at the same time, believe it or not, I empathize with smokers to a degree, because it is an addiction and base this -- kind of disclaimer, if you will, I spent two years as the Idaho government affairs director for American Cancer Society and I got a chance to meet and interact with people who were going through smoking cessation classes and one lady stuck out in my mind quite vividly. She's in her early 50s, a long time smoker, new grandma and she was attending the smoking cessation classes, she had been diagnosed with cancer of the cheek and gum on her right side. For years she smoked, she was right handed, and she truly was trying to make a change and she tried to do it herself and the change she made was she switched to her left side with left her hand, because that -- it was that addictive. The nicotine -- she was addicted to nicotine. And now she was in class trying to break that addiction and it was very very difficult for her, so -- and that's why I say I empathize a bit, because some folks really need that -- that fix, if you will. And so while one part of me says, you know, what, for the health of our children, for the role model that they see adults they shouldn't be wanting to emulate that habit, we should be rid of it completely. But, at the same time, knowing that people have this addiction and need to have a fix, you know, if we ban it to the parking lot, okay, I could live with that, that would be my compromise. But that's where I am on this, where I think, you know, we don't want to have that around our children. It is not healthy whatsoever. Secondhand smoke is not good. But where do we go -- how do we do it, how far, you know, that's -- you know, I'm willing to listen and so what I think works the best for our kids and their health, but that's where I am on this process, so I think it's good and for employees to listen to Bill and what your committee is looking at, I think it needs to be done, because that is a difficult thing for some people to kick the habit and statistics -- I think I saw from several years ago people can quit cold turkey, they can do it themselves, but that is in the single digits. They need some form of assistance, the vast majority of them, to be able to kick that habit. So, if you can give them support, different types of programs that work for people and different things that work for difficult people, so I'd encourage the committee to move forward on that and see if we can find the money to do that, because that -- as we know from a federal standpoint, healthcare costs keep escalating and we talk about changing insurance, but we do nothing about the root causes or our healthcare problems that create the cost in the first place. And those are the types of habits that drive up cost immensely and so that's something -- when you look at the big picture there is a lot to this little policy or ordinance. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I certainly agree with Councilman Hoaglun word for word. And, Bill, I -- being a 40 year smoker I know what it's like, it's an addiction that's the worst one I have ever had. And I got to suffer my consequences, too. Rightfully so. I like the tobacco free or whatever as much I do the smoke free, because I have seen what tobacco has done in the way of cancer around the lips and gums stuff and i -- while I'd like to shut it down Meridian City Council Special Meeting August 17, 2010 Page 14 of 53 everywhere, I don't know how far we can go. I'd like to see some signs. I'm like Councilman Rountree, get some signs up and let's see what it looks like and see how it does and encourage people -- encourage people to not smoke in the areas, but really and truthfully, you have got to -- I think you have got to have an area -- you know, they are citizens, too, they are taxpayers, they helped build those parks and stuff, too, so while they are damaging the other people, I -- I think we need to take it softly to start with, but I think we are getting some signs up would be -- I think just out of curiosity -- the people will be courteous enough to see a sign and hold off smoking or chewing. I'm thinking -- I just think it should be tobacco free period. Chew is just as bad as smoking in my book and I never chewed in my life, but 40 years I sucked on those stupid cigarettes. De Weerd: Well -- so, we have heard a broad representation of opinion, but I don't know if -- Steve, if you have gotten a better sense of what direction you should go. Council, I -- we don't have to make a decision tonight. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Councilman Bird spoke for me, even though I hadn't spoken, so I guess I better speak. I think we have an excellent ordinance on the books. I don't think we need to go there. We have all kinds of things we prohibit in the parks and we don't get them all enforced at this point. I don't think there is yet another ordinance that's going to make it any better. So, let's leave well enough alone and work with the ordinance we have. I would support the parks commission looking at -- you referred to high traffic areas, but that's not a good term, because I don't think you mean parking lots. But I'm thinking areas -- playgrounds or where you have concentrated activities. Our youth ball fields and those places and see what can do in the way of signage that we have done in other places in the city and, then, bring some kind of recommendation back. I do not support total smoke -- I would say I support the smoke free approach, as opposed to the tobacco free. I'm not sure how you would even approach enforcing chew and all the other forms of tobacco that are out there, whether it's snuff or, you know, all -- however you do it. And, then, look at such things as activities, look at such activities that the city sponsors or authorizes, like the preferential use of the ball fields by Cal Ripken, certainly work with Cal Ripken and their coaching staff and their administration to enforce no smoking in their areas, as well as no smoking amongst their participants and adult participants as far as coaches. I still see that happening and it's not a good thing. I'm actually seeing some of the folks that support some of their tournaments not only smoking, but going to Fast Eddy's and filling up the back of their go cart with ice and beer and taking it over there I'm sure to cool down as they work on ball fields. So, there is those kinds of things that go on that we have rules and regulations to try to counter that don't happen, but we need to work with those groups in order to make anything of this stuff successful, so I guess that's kind of where I am. Meridian City Council Special Meeting August 17, 2010 Page 15 of 53 Hoaglun: Madam Mayor. I have a question for Mr. Nary, probably is the best one to try. As we try to craft this and do signage, you know, someone who is out there at Settlers Pond fishing and all by themselves and they are smoking, you know, they are not bothering anyone, it's fine, we don't enforce that, but let's say it's fishing day and there is people elbow to elbow and someone decides to light up, that becomes a different situation. How do you -- how do we balance those two same locations but different scenarios in our current ordinance or by signage? Any idea? Nary: Well, Madam Mayor, Members of the Council, Council Member Hoaglun, I mean it's always incumbent I mean on -- on enforcement on the discretion of the officer that's issuing the citation or the complaint. I mean we have a couple of different enforcement tools when are talking about a park. We have exclusion as one method when people won't comply and they just refuse to comply, they can be ejected from the park. Our park staff are usually the ones doing that, sometimes with police, sometimes not. Here you're talking about a citation, so it's a citable offence and you need a police officer to do that. You know, it kind of depends on the policy and the practice of the city. I mean it's -- you know, your question would be the same as the person that's driving 45 miles an hour down Cherry Lane at midnight, going to get a ticket, as the guy that drives down there 45 miles an hour at 3:00 in the morning is going to get a ticket. It depends. It depends on the circumstance, it depends on what the reason is, it depends on the officer, so that discretion is always going to exist. Certainly if there is a complaint, you know -- if you made the entire Settlers Park smoke free and you received acomplaint -- apark worker received a complaint or a police officer is contacted to and enforce, the person refused to put it out, you know, or would it, essentially, comply -- you know, as long as the adequate signage was there, certainly the officer could issue a citation. My guess is knowing police officers -- Lieutenant Leslie certainly can add his two cents. I mean it's really going to depend on the circumstances. If the person really doesn't realize it, they put it out, they are done, I can imagine many officers not issuing a citation for that. If the person doesn't want to comply or it's very clear, they are standing next to the no smoking sign, they are really trying to see whether or not they are going to enforce that, I can certainly see an officer enforcing and issuing a citation. So, it really is -- it's always discretionary on the part of the officer on whether this is the appropriate time to issue a citation or some other tool available, but -- it doesn't really answer your question, but the reality is it's really going to depend on the circumstance. De Weerd: Well, I think maybe we could ask the Parks Department to bring back kind of mapping. of where the no smoking. areas would be at any point and, then, maybe an alternative sign. that would prohibit smoking during special events or athletic events. So, then, you know that that's when there is a crowd. I have an issue with what is a high traffic area, so I almost see that there is going to be two different designations in terms of where it's not allowed at all and that's generally going to be where children are present. Playgrounds, bleachers, or what have you. But some of it in a big grassy field by applying some -- some kind of side boards on if there is a special event that would handle your fishing day or if there is an athletic activity going on that would qualify as well. So, if you could maybe take that back to the commission or to your staff, include Meridian City Council Special Meeting August 17, 2010 Page 16 of 53 the police department and in that enforceability aspect and bring it to Council, then, we can have further discussion about that. Siddoway: Madam Mayor, Members of the Council, yes, I can do that and we have the parks amenities and signage committee that does look at signage issues, so we can have them look at this specifically and make a recommendation. The discussion, so you know, at the Commission on this, they -- well, I mentioned that were -- there was -- there was quite a bit of support for just the ban park wide. When they were focused on what I called high traffic areas, the wording that they were focusing on was in the Rexburg ordinance where they specifically mention any structures, bleachers, playground equipment or water facility and, then, in addition to that list that was in Rexburg they wanted to add the language from Payette regarding any events herein. So, in order to get that to work within the existing ordinance and not adopting a new one, we will have to just figure out what areas -- what signage might work. I can also tell you the next two months at the commission their meetings are filled with the parks tour and a pathways workshop that they are doing, so it's probably going to be early this winter before we have a specific recommendation back to you, but we -- I can take that to them and try and get that back in time for us to take advantage of the March deadline that we have from Central District Health and try and get that in place this winter. De Weerd: But, Steve, it does sound that you have gotten good feedback and maybe parameters from your commissioners, as well as discussion from City Council and it might be something you can do at the staff level to bring back. Siddoway: Sure. De Weerd: Mr. Zaremba. Zaremba: I was just going to add a suggestion on the issue of -- we know there is areas where the activities always could be smoke free or tobacco free. The example of fishing day, would it satisfy the ordinance if we had some temporary signs on a heavy base that could be brought out and set next to the pond for a day and, then, taken away again? Does that -- or do they have to be posted all year around to be enforceable? Nary: Councilman Zaremba, no. All the sign says is that -- or all the ordinance says is prohibition shall be indicated by means of a posted sign that reads no smoking, described the premises as smoke free, or contains the international no smoking symbol, uses at least letters at least one inch in height and it's conspicuous, legible, unobscured and placed at a height and location easily seen and read by persons entering within the posted area. So, it can be for a single event, it can be a single location -- I mean as long as -- as long as it's being able to -- for the officer to be able to be comfortable that the person is able to see it and, you know, again, if -- you know, we would have to look at it -- and I think the suggestion of the Council and the Mayor is right and the parks commission or the Parks Department with the parks staff with the commission to come up with -- if we are going to make this an area, then, where are we going to put signage Meridian City Council Special Meeting August 17, 2010 Page 17 of 53 to make sure people can see it. We don't have to rope it all, but make sure where it's an appropriate location, but you can certainly do it for a single event, single location. Zaremba: And I think for the -- for the obvious location, so permanent signage is right, but I'm -- if it's legal and enforceable, we may just want to have six signs on a stand that are in the shop and when somebody says, oh, this is an event that should be smoke free, take the signs out. Hoaglun: So, Madam Mayor and Bill, then, so like movie night, go back to that example, since that is set up in an open area, then, we probably have to have the signage brought out for that, since it's not in the playground area or the horseshoe pit area. That's out in the field. Nary: Yeah. And there is certainly locations that would make it fairly obvious that you can get -- you'd have to walk by it. Siddoway: We post -- we put it up on the movie screen at the beginning of the event, so I think we at least in prior discussions we thought that that was, you know, the signage and a verbal warning also that this even was smoke free, so -- to the entire crowd that was there for movie night. De Weerd: The ones paying attention. Nary: You may want to -- and we may want to add to that and make sure maybe we cite the city ordinance, so the people don't think it's a suggestion, as much as a directive, but that might be another way to at least make it clearer to people. Siddoway: Okay. Hoaglun: I don't, Madam Mayor, the more we discuss this the more I think we make our parks smoke free and just go to the parking lot and there is a definite boundary, but that's -- that's just me. De Weerd: So, did you catch that last comment? Hoaglun: I said the more we talk about it and we try to -- try to fit this and how do we do this and haul signs and different things, that's -- I makes it a little more complex and I'm about doing it easy and especially for our officers, I know they have good judgment on how to enforce and use their discretion, but it makes it easier for everyone when you have defined areas and say here, but not here, so -- De Weerd: For our patrons, too. And in the presentation that Joann gave, most of the enforcement is done by the peers or the other patrons of the park, certainly by having clearly defined areas, not in the park, but in the parking lot, that -- that does make it easy to understand, so -- Meridian City Council Special Meeting August 17, 2010 Page 18 of 53 Hoaglun: Now that we complicate your life, Steve -- Madam Mayor. De Weerd: Council, I guess do you want Steve to come back with signage areas recommendations or are you looking for something simpler with parks, no smoking, but smoking in the parking lot? So, I don't know, I -- Siddoway: I would just suggest if we are moving it forward, that we -- we could come back with some options and we can show you an option that includes signage areas and the park wide ban can still be on the table when we come back. De Weerd: That would be great. Siddoway: Okay. All right. Thank you. Item 7: Department Reports A. Planning Department: Request by Keith Borup for Waiver of Fees for an Annexation Application De Weerd: Good thing you're flexible. Okay. Item 7-A under Department Reports, we have our planning department. I'll turn this over to Anna. Canning: Yes. Thank you, Madam Mayor, Members of the Council. We have a fee waiver request for you tonight for the Borup property on Meridian. As you can see on the screen, there is a small southern portion of the property that is set aside, that is the portion that has not yet been annexed. Sometime in the '90s the larger portion got annexed, the little sliver attached to it did not. We aren't sure if it was a legal error, we are really not sure of the history. All we know is that on the county records right now it kind of has a split identity, it has a county zoning designation, but a city tax code. So, Mr. Borup has been paying city taxes on this little piece of property for a number of years. He has submitted the application, he did -- he got the legal description one, he's filed the affidavit of legal interest. The application is in. We are just requesting that the fees be waived, because it seems to be an error either on the city's part sometime in the past, on Mr. Borup's part sometime in the past or on the county's part sometime in the past and given all those options we thought it would be easier just to process the application. I think it's about .12 acres. Zaremba: Gentlemen, any question? Rountree: Mr. President. Anna, what was the date of the original annexation; do you know? Canning: We are not exactly sure. Rountree: In the '90s? Meridian City Council Special Meeting August 17, 2010 Page 19 of 53 Canning: It was in the '90s. Rountree: Okay. Planning could look. Canning: Yes. Hoaglun: Mr. President. And, Anna, from what I -- in my reading it sounds like they have been paying taxes on that whole parcel of the property this whole time? Canning: I believe it gets -- it has a separate tax code, so he, actually, gets a separate bill for the other little piece. Hoaglun: Okay. Okay. Thanks. Zaremba: Just as a personal opinion, I would agree waiving it. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I would move that we approve the waiver request for fees for the annexation application for the Keith Borup property on Meridian Road. Hoaglun: Second. Zaremba: I have a motion and a second. Madam Clerk, would you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. B. Public Works: Well #27 Project Close Out Zaremba: Item 7-B is a Public Works discussion. Is that -- Bird: Mr. President? Zaremba: Uh? Bird: They wish to table that until the 24th. Zaremba: Oh, yes. I'm sorry. Do we need a motion or we can just -- Rountree: No. Meridian City Council Special Meeting August 17, 2010 Page 20 of 53 Zaremba: Okay. That item will be moved to our next regularly scheduled meeting of the 24th. And the Mayor is back, so I'll turn it back over to her. Item 8: Items Moved From Consent Agenda De Weerd: Thank you, Mr. President. Item 8, there were no items moved from the Consent Agenda. Item 9: Action Items A. Continued Public Hearing from July 06, 2010: AZ 08-005 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Annexation and Zoning of 73.10 Acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 acres), L-O (Limited Office) (3.22 acres) and C-C (Comunity Business) (30.72)and C-G (General Retail and Service Commercial) (33.47 acres) Zoning Districts B. Continued Public Hearing from July 6, 2010: VAR 08-008 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Variance to UDC 11-3H-4 Which Prohibits New Approaches From Directly Accessing a State Highway to Allow 2 Right-In I Right-Out Access Points (Approximately 660 Feet From the North and South Intersections) and 1 Right-In I Right-Out, Left-In Access Point at the 1/4 Mile to State Highway 69 1 Meridian Road De Weerd: So, we move to Item 9 under Action Items. We have two continued public hearings on AZ 08-005 and VAR 08-008. The applicant has requested to continue this and certainly I will turn this over to Planning to Bill. Parsons: Thank you, Madam Mayor, Members of the Council. You are correct, this project has been continued approximately eight times for the variance, nine times for the annexation request. Looking through the minutes of November 25th, 2008, there were some outstanding issues left open for this project. One had to deal with the access to Meridian Road and the other was the pipeline and per your direction you gave staff and the applicant, informed us that we need to correct those issues and come back before you. Before you tonight we do have confirmation from ITD that that access issue has been resolved and they have recommended denial of those access points and we have also updated the DA provision regarding the pipeline issue. For those -- both those issues that you gave us orders to work out, have been resolved, therefore, staff is under the impression that we could move forward on the application tonight and there, really, is nothing else #o -- to work out at this point. So, that's why we are requesting that Council move forward on the applications. Meridian City Council Special Meeting August 17, 2010 Page 21 of 53 De Weerd: Okay. Thank you, Bill. Any questions for staff from Council at this point? Bird: Not at this time. De Weerd: Okay. Does the applicant have comment? Please state your name and address for the record. Whallon: Absolutely. My name is Brandon Whallon. Address is 855 South -- or Broadstreet, Boise, Idaho. De Weerd: Thank you. Whallon: Madam Mayor, Council, City of Meridian, we appreciate the opportunity to present our application for avariance -- excuse me -- annexation, zoning, and a variance to access to the State Highway 69. We have presented to you a continuance request. We do recognize that this process has taken a long time and as Mr. Parsons stated, there have been several continuance requests. We kind of erred on the short term. We thought that our appeal process would go much quicker, but the process was frustrated and every timeline that was granted was taken -- every single day that was allowed was taken and so we kind of shot a little bit short of how long that process would take. As Mr. Parsons stated, there has been a conclusion to our appeal of the ITD decision to deny access to Meridian Road. Hawkins Company feels that the deeded accesses that were purchased and that were conveyed at one point in time when State 69 was widened, that those were tangible land uses or land rights that ran with the land and so when we purchased the land we thought we had a tangible land right with that deeded access point. We didn't -- we bought seven of those and we paid a fair market price for seven access points. But we knew that there was no way that we could logically exact all seven of those accesses to the state highway, so have been through a process with the planning commission, City Council, there has been review with planning staff and we think -- we have a conceptual plan that works, that is feasible, and we only ask for three of those seven access points, because we thought that was a fair compromise. Well, unfortunately, our process that was heard before the Idaho Transportation Department, we came to an end point where they felt that denial of that access point was true and valid. Unfortunately, we do have a property right that we are looking to protect and so we do have another procedural process to examine and that is a legal challenge of what is called inverse condemnation for our property rights and that is why we have put forth one more request to continue this. We felt that let's ask for a year and let's get this issue resolved before we come before you again. And so that was the basis of our request for one more continuance. We felt that we are not yet to the end of the road regarding the question of access to our property. And so we felt it would be appropriate to ask for one more continuance to give us that time to find the final result of the question before we move forward. De Weerd: Okay. Council? Meridian City Council Special Meeting August 17, 2010 Page 22 of 53 Rountree: Madam Mayor, I just have a question for Bill or Anna or both in terms of the length of the continuance. It seems kind of difficult to keep track of. Is that consistent with the state statute on this kind of application? Nary: Madam Mayor, Members of the Council, Council Member Rountree, I mean there really isn't anything specific in the state statute that would prohibit it. It certainly would be unprecedented for this city to grant a continuance for that long. We already renoticed this once because of the lengthy delay, even renoticing this ten months from now to try to get people back involved or interested in this would be very unusual I guess to say the least. But the state -- once you have had it, you certainly are allowed to continue it, to hear it, but here this one is just a very unique circumstance and it certainly isn't prohibited to grant a delay of this length with whatever conditions the Council wants to set into it, but it certainly is very unusual to want to set something out so far away without at least renoticing it, but, then, again, when would we renotice it? Ten months from now? How is that going to be done. What requirements. I guess it's just, like I said, it's a very strange circumstance. De Weerd: So, Mr. Nary, if you were to continue it to a date certain and with -- stipulations to give the 300 feet notification to surrounding owners, to repost the property to do all of the things we normally do with new applications, would that -- would that address some of the concerns? Nary: Madam Mayor, Members of the Council, absolutely. I mean certainly that -- that would be the minimum recommendation I think you would have to do if you were going to grant a delay of this length is to, essentially, start over in the process of noticing, reposting, remailing, readvertising, all of those requirements would certainly at the minimum need to be met and whatever other conditions the Council felt comfortable with to grant a delay like this is up to you. De Weerd: Okay. Canning: Madam Mayor, I would also suggest that, you know, the property owners -- the adjoining properties has probably changed significantly since 2005. I mean that will have been a six year time period and those forks haven't had an opportunity for a neighborhood meeting. I mean these are some of the reasons, I guess, we'd like to see the application come back in with a new number and kind of start fresh, so that those folks have an opportunity to be a part of the process. Whallon: I would like to state that if the Council chooses to allow the continuance with a requirement that there would be a public hearing and that we would renotice both property owners within 300 feet or even extend that out to 400 feet or whatever the number that the Council felt was providing good notice to all interested property owners, but also another public meeting, we would be happy to conduct another public meeting. One of the items that we were prepared to present was the fact that a commercial development of this size is usually going to receive some sort of resistance from property owners within the vicinity and this is what -- the first application that I have Meridian City Council Special Meeting August 17, 2010 Page 23 of 53 stewarded through the entitlement process, we have conducted a public hearing and we have garnered one hundred percent support for our project and the track record shows through the staff report, that the comments that have been garnered through this process are all in support, we do not have a contingent of opposition to this project and so I think that if the Council would like to see another public meeting associated with this continuance, I think it would be appropriate and I would be happy to present this back to the citizens within the vicinity. We have received several phone calls over the course of time and it has been a lengthy time, but people are asking us, hey, when is this going to go. They want to see it go and we are excited to bring it to them. So, I think the requirement of another public meeting would be great to get back in contact with those citizens who have an interest in our property and our project and report those findings back to the Council. De Weerd: There has been a lot of interest in a grocery store south of the freeway for sure. I hear it a lot. Council, any other questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just comment that I -- in general concept that what you're proposing is a good idea to have commercial and retail properties there are good. We do have a standing ordinance regarding access to highways, which that is and I think it's a good ordinance. I am personally not convinced that you have a good reason for a variance and I guess I'd give a personal comment on -- when you buy farm property that has certain accesses to a road, if you kept the current uses I wouldn't have any problem with you having seven accesses, because we are talking about a hay baler twice a year, a tractor a couple of times. But when you change the use of it, the conditions that surround that changing in use may include losing access and I realize you have a right to keep it as farm land and have seven accesses as long as you want, but I personally don't support the idea that you can change the use and still have a right to all those accesses and that would fly in the face of our current ordinance. Parsons: Madam Mayor, Members of the Council, if I could interject for one moment. There are some -- there are several options before you tonight if you choose to go forward with the application. Certainly you can continue the variance out and wait for them to get resolution or because they are requesting a year, if you were to move forward with the annexation and the various and denied the variance, they could apply -- reapply in a year's time. They are going to ask for a year's continuance. At that time if they did access they could come back, modify the development agreement if you move favorably on the annexation and ask for additional access points at that time or they can simply withdraw that variance application tonight and we can move forward on the annexation without access to Meridian Road. So, there is three or four options here before you, it's not necessarily just continuing this. So, right now I think staffs predicament is we just want to get this heard tonight. A year from now there is ways to Meridian City Council Special Meeting August 17, 2010 Page 24 of 53 still work with the applicant, move forward on the application, and still maybe revisit this a year from now without continuing the project out. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I certainly could support the staff recommendation. I'm inclined to approve the annexation and deny the variance, but get it done tonight. De Weerd: Okay. Mr. Rountree. Rountree: Madam Mayor, I -- there is merit in that, but it seems to me that it's not going to go forward, because they are probably not going to be willing to enter into a development agreement, so where do we -- where do they go -- where do they get and where to we get? It still hinges on the variance request and/or ITD's position and as a point of history to repeat myself is that we have not varied our position on access until and/or unless ITD identifies those access points that are consistent with their traffic analysis. So, I don't see where we get anywhere by approving the annexation and not being able to move forward with the applicant, because they are not going to sign the DA. Parsons: Councilman Rountree, we have just adopted some new provisions in the ordinance that allow for -- right now that way the ordinance is written they have a year to get that DA back before you and get it approved. If they don't they can request an extended time period for that DA to move forward. Certainly we could still move forward on the annexation if they don't have that DA signed within that year's time frame, they could come back at that time and ask for either an extended period or it may allow time for them to make some modifications at that point. But there is some options in the code to allow for that. De Weerd: Anything further from Council? Any further comments? Rountree: Madam Mayor -- excuse me. Based on what Bill said, my concern still remains that this thing has been cooking for about almost a year and I think before we make any decision on it, it needs to go back to the public, so if we can continue it with those conditions or we just take -- remove these off the table and have them start over, seems to me to address the issue I have with the thing is that a year from now there could be folks out there that want to tell us something about this. There might be people there now. I don't know. So, I'm still not sure what we get by approving an annexation at this point in time. Whallon: The only other -- I appreciate the options that Mr. Parsons has presented and I would like to add to that that Commissioner -- or Councilman Rountree stated that a variance had not been granted access to Meridian Road in the absence of an approval from the Idaho Transportation Department. So, would there be a possibility to -- for item Meridian City Council Special Meeting August 17, 2010 Page 25 of 53 number 14, which is regarding access in the development agreement, that we reserve access based upon the outcome of our litigation. And so it's a development agreement with that wording that we could agree to and sign and we could move forward with the annexation and the zoning and the issue of access is reserved until the time of conclusion with that case. De Weerd: Mr. Hoaglun. Mr. Nary. Nary: Madam Mayor, Members of the Council -- and certainly that's an option you can put. That would also be unusual. That's not common in any of our development agreements, but the city's always taken the position that I think as Council Member Rountree stated, the city hasn't granted access without ITD granting access, but it hasn't granted access in every circumstance that ITD has granted access for. So, that condition may be acceptable to your client, but that would be unusual for the city to agree to something to allow ITD to make that decision, when this Council is the one that really has the planning authority for that parcel. So, that would be unusual. They certainly could do that, but that's just not how it's been done previously. Hoaglun: Madam Mayor, just to comment what -- one thing I think the applicant has a right to seek a legal remedy to this. I mean that's something they want to move forward and their disagreement with another jurisdiction and it certainly has a bearing on how this moves forward in some aspects of the development. I kind of agree with Councilman Rountree, I see this where as you -- we have further growth out there and new people coming in, if we hit the reset button on this and go through the process again and allow them to seek their legal remedy and hopefully they get through the process in a year, we do the postings, the notifications, they have public meetings out there, and it might be that folks still want this thing to come in, great, and, hopefully, the other issues addressed and, then, we can move forward with these things taken care of and not have any delays on that. So, I see that as a good option, so -- De Weerd: Well, this is a public hearing and there may be others that would like to comment, so we will -- yes, sir. If you will, please, state your name and address for the record. Woodbury: Don Woodbury. 4636 West Lake Hazel, Meridian. De Weerd: Thank you. Woodbury: And I'm here representing the pipeline and I'm not necessarily for -- or we are not necessarily for or against the development right now, but Mr. Parsons made a comment saying that there were some resolution or something to that effect with the pipeline. I just want a little clarification maybe from him or from whomever. Parsons: I guess, Madam Mayor, Members of the Council, we haven't officially opened up the applications yet, so this is -- really, we are trying to determine if you want to hear the applications tonight. So, really, what we are discussing -- and we have gotten -- we Meridian City Council Special Meeting August 17, 2010 Page 26 of 53 have skewed it a little bit, but, really, does the Council want to move forward on these applications or do you want to request the applicant's continuance is where we are at now and, then, we will formally open -- if you want to move we could formally open up the applications and discuss that new DA provision. De Weerd: Okay. And I guess I would invite you as well to talk with our fire marshal who has been working on an ordinance and a set of standards that the City Council had asked staff to go and work on. In particular, this application triggered it, but we have had others come up since. We know we need to have a set of standards for development along the pipeline and that's what they have been working on. We haven't heard the outcome and until we know what Council likes -- would like to do with this. But I certainly would invite you to talk with Mr. Silva and see where staff is at with that process. Woodbury: I had heard that there was something going on with Mr. Silva as well, so -- but when he said the words resolution I thought, well, I better ask before we get going too far. So, I will go ahead and listen. De Weerd: Yes. Never hesitate to ask. Thank you. Woodbury: Thank you. Canning: Madam Mayor? I had an off-line conversation with Mr. Nary that I'd like to get on the record, just in the event both of us come down with Alzheimers in the intervening year and, typically, when an application is accepted as complete they are vested with the zoning ordinance in effect at that time. The applications you have before you tonight -- the variance, it won't affect that unless we change the findings for a variance. That might be the only difference. Also the annexation, the findings for that may change. We don't have standards for annexations per se. But I would like to just note on the record that the applicant has requested certain zoning categories that have and will likely -- may change or will change, probably, over the course of the next year and that the zoning, in effect at the time of approval -- the use is allowed through that zoning category in effect at the time of approval, would be what would continue forward, not the uses that were allowed when they applied in 2005. And Mr. Nary said that that was okay. De Weerd: Okay. Nary: That's correct. De Weerd: Well, I guess the question, then, to the applicant is, you know, do you want to continue this should City Council even consider it with some of the -- the chance that things will change and that would impact an active application or do you want action by City Council, so you would want to withdraw your request to continue this for another year? I guess I would like to hear your response to that first before Council decides what they would like to do. Meridian City Council Special Meeting August 17, 2010 Page 27 of 53 Whallon: Okay. Madam Mayor -- De Weerd: If you will just restate your name for the record. Whallon: Absolutely. Brandon Whallon. De Weerd: Thank you. Whallon: Address or just name? De Weerd: That's okay. Whallon: As I understand that, you were asking do we wish to move forward with the continuance with risk that the zoning ordinance will change over the course of next year and, then, the uses that will be allowed at that in point are different that would be allowed now or do we move forward with the applications tonight in their form and try to get approval on the merits of our applications tonight? De Weerd: That's correct. Whallon: I would say that if we could have the language stricken from item number 14 regarding access, so the DA was silent regarding access, we would be more than willing to move forward with our annexation and zoning request tonight. De Weerd: Okay. Well, then, that puts the ball back in City Council's court and that's what we will seek. Parsons: Madam Mayor, Members of the Council, just to add to what Mr. Whallon just described, staffs position has always been in the staff report if access was denied or wasn't part of the application that they would have to resubmit a new concept plan removing those access points to Meridian Road. And so at this point if they wanted to strike that from the DA, staff would be recommending a new concept plan with removal of those access points. De Weerd: Okay. Your point is noted. Parsons: I'm sorry, I'm going to elaborate one more time. My memory is coming back. De Weerd: You're too young. Parsons: If you recall, Planning and Zoning Commission had recommended aright-in, right-out at the quarter mile during the P&Z hearing. Hoaglun: Madam Mayor, I want to ask Brandon a question about development overall, in terms of the economic situation that we are facing, not only in Idaho, but the country. Meridian City Council Special Meeting August 17, 2010 Page 28 of 53 I mean a year from now, if we keep muddling along as we are economically, I mean is this something that -- and I don't need to know private information, but from a big picture retail development standpoint will this be moving forward a year from now if we are still in the same situation, just kind of bumping along? Whallon: Unequivocally I can tell you that the answer to that is no. The biggest answer that we can provide to entice retailers to come to our development is to give them a definitive answer on when they can move forward and at this point we don't have a conclusion and we don't know the answer and so they can't -- they don't know when to schedule their investments to this facility and so it's -- Hoaglun: And the one thing I have learned over the years is that businesses, one thing they don't like the most is uncertainty, so -- Whallon: Correct. De Weerd: And if the entitlements are in place the odds are a lot greater to move forward. Rountree: Madam Mayor, I have a question for staff. Bill or Anna, either one. And, Bill, I think you were the one the pointed out the DA extension that if we moved forward with the annexation and the draft DA remained the same with item 14 staying in place, that the annexation itself would be moving forward, but the DA would be on hold until such time as it could be executed, which might be a year from now, depending on the outcome of the legal action on the part of the applicant. So, in that scenario our concern about access and your concern about having to modify that concept plan, if we eliminated access from the DA would be taken care of, it could move forward, we would have stayed true with our ordinance, the applicant would still be in a position of not executing the DA, but would have a year to do such and between now and the year the access is resolved with ITD, and, in fact, then, it would -- if ITD does allow additional access, then, the variance request could move forward and if we -- however we acted on that, then, the DA could be finalized and they could either choose to execute is or not, depending on what our final decision is. Canning: So, the question becomes can you modify a DA that hasn't been signed yet and I think in the past we have done that, we have said, yes, you just file for a DA modification and you go through that public hearing process again. So, whether or not it's signed, it would still be a modification to the development agreement. Nary: That's how we have done it. Parsons: And to add to Anna's comments, the property wouldn't officially be zoned -- annexed and zoned until that DA was initiated. Rountree: But would that put somewhat of a hold -- on the zoning for the DA to be executed for a period of time, up to a year? Meridian City Council Special Meeting August 17, 2010 Page 29 of 53 Parsons: That is -- Canning: My comments about the zoning was I think misunderstood the first time. What I'm saying is that we didn't and we don't stop the zoning. Like when you apply for an R-15 zoning, it changes over time and you're subject to those changes over time. just wanted to make it clear to the applicant that he was aware that he's not talking about the same R-15 zoning that was in place -- and I kept on saying 2005. It's 2008. apologize. So, in 2008. It's changed -- it will change and that's true of every application. I just wanted to make sure that they were aware of that. Does that make a little more sense now? No? I'm getting -- Rountree: So, the definition on -- of the zone itself changes. The designator may not change -- Canning: Correct. Rountree: -- and depending on the time, the annexation is approved is a definition that's in ordinance at that time was applicable. Canning: Correct. Rountree: Okay. So, it isn't going to matter either way. Canning: Right. And they haven't picked a zone, but I just wanted to make sure they were aware of it. They haven't picked a zone that's no longer in existence, so we are okay. Rountree: So far we are okay. Canning: Yeah. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just for my clarification, I have heard discussion about a development agreement going unsigned fora year. I thought we had put a six month limit on them.. Canning: Madam Mayor, Members of the Council, it's one year currently and we are in the process of -- we should submit a text amendment this week that will bump it up to two years to be consistent with our preliminary plat approvals. Council asked that I make everything consistent, so I should have that up to you within a couple, months. De Weerd: So, Council, I guess the -- you have a couple of options. If you choose to take action on it tonight, I'm sure staff has some additional comments for consideration. Meridian City Council Special Meeting August 17, 2010 Page 30 of 53 If there is consideration for continuing this, those points don't need to be said at this point. Rountree: I don't know if there is anybody else that wants to testify, we can close -- or we can discuss it. De Weerd: Is there any further discussion? I'm sure in regards to the pipeline, some of the questions might be based on what stafFs report is, so I would hate to close it to public testimony if that is a determining factor. Silva: Madam Mayor, Member of the Council, if we may -- if we proceed with this hearing this evening or if we proceed with Council action, depending on the desire of Council, to resolve the outstanding issues the fire department has raised with respect to this development, along this pipeline corridor we would like to request that in that DA that a provision be included in there that would require that a technical analysis be done to determine the life safety risks for development of this -- given this concept plan along that pipeline corridor. We have requested of the developer that we include a 25 foot safety buffer along that -- outside the pipeline corridor proper and they were in question whether or not -- you know, these are tough economic times and every square foot of this commercial development counts and we understand that, but by the same token we believe that we need to make sure that we adequately address any life safety concerns that -- that the fire department has raised and we do have concerns about that. So, if that -- if the DA does become part of this process this evening, that either a plat or CZC approval include that provision in that agreement. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Apparently all the issues are not resolved and it seems to me it would be appropriate to open up the hearing and get them on the table, so if we do continue it, it's all there for the applicant to move forward with and try to work with staff on resolve, as opposed to trying to take action on it tonight. So, I guess I would be in favor of moving forward with the information and the public hearing, taking any additional testimony, identifying issues that still are not resolved and getting those on the table and if we have to we will continue it and if we can resolve them tonight, we can take action on the annexation request. De Weerd: Okay. So, you would like to hear -- Rountree: I would like to hear it. Bird: Second the motion. Second. Get it over with. De Weerd: What is your motion? I thought I missed something. Meridian City Council Special Meeting August 17, 2010 Page 31 of 53 Rountree: We have opened up the public hearing on this. De Weerd: Yes, we did. Rountree: I would like to move forward with the public hearing and not continue it at this point. De Weerd: Okay. Bird: We have already opened -- De Weerd: I have opened it. Yes. Zaremba: So, there is consensus. I think we agree. De Weerd: I guess I would ask, then, staff for additional comments regarding the consideration to take action this evening. Parsons: Thank you, Madam Mayor and Members of the Council. I'll give you a quick review of the project just to refresh your memory. The property is located on the west side of Meridian Road between Harris Street and Amity Road. Right now it's just agricultural land and some single family residents. Rural residents. Also, there is an existing construction multi-tenant building that was constructed in the county that was part of the annexation request as well. It's called the Mussell property. You can probably see it there. Here is the proposed concept plan that was brought forward -- forward to you back on November 25th. Staff has highlighted the pertinent access points regarding the variance access -- variance request. That's right-in, right-out on Meridian Road at the eighth mile, right-in, right-out, left-in at the quarter mile and, then, another right-in, right-out on Meridian Road at the eighth mile just north of Amity Road. The applicant's proposing three access points to the Amity Road, two access points are proposed at Harris Street as well, and, then, six access points are provided along that backage road as a requirement of this as well. Just to highlight the square footage for you, the applicant is requesting an R-15 zone, an L-O zone, a C-C zone and a C-G zone for the mixed use development. Concept plan includes a mix of retail, a large box, a multi-tenant mid box, 20 individual retail buildings, including several drive-thrus, three office buildings and a 7.5 acre multi-family development. Buildings on the site range in size from 2,000 square feet to 184,000 square feet. Total square footage of office and retail uses proposed on the site is approximately 478,000 square feet. If you recall, as mentioned earlier to you, when we opened the hearing on November 25th we did not open the hearing for the access -- for the variance. We only took action on the annexation request and didn't get into too much of the access points at that point, but it was brought to your attention that there is a pipeline easement that runs -- bisects the property and it's dashed on this concept plan here before you. So, it just runs north of the big box located on the southeast -- or south portion. So, if you can follow my mouse here, that's the Northwest Pipeline. This multi-family development here was part of a separate application -- CPA application. The applicant just included that to show you Meridian City Council Special Meeting August 17, 2010 Page 32 of 53 how this proposed commercial mixed use development could mesh with surrounding properties and, then, here is where the multi-family development is proposed. If you will recall with that pipeline, staff had a provision in the DA that stipulated that they would coordinate with the pipeline company. Well, after looking into that and doing some research and contacting Northwest Pipeline, it came to staffs attention that there is, actually, a development handbook that's required by that agency and there are some standards that they need to comply with in that handbook and so Council did not feel comfortable moving forward on the annexation until those issues were resolved. After meeting -- several meetings with the applicant, the gas company, we even met with Intermountain Gas, who has a small portion here along the southeast corner where they transferred the gas from their facility and sell it to Intermountain Gas, that's where the odor is added to the gas and that's where you get those smells of the gas. I believe Mr. Ron Anderson, the chief at the time, had expressed concerns with frequent calls in that area due to the smell of gas and that was because that's where they add the odor. So, there is really not much there that we can deal with. After discussion, the fire department came to the planning department and they actually took the lead on this and went to other jurisdictions and asked for their recommendations and that's where Mr. Silva approached staff and sent a memo off to the applicant discussing their revised or added DA provision and that's what -- and after our initial discussions in talking with the fire department of how Mr. Silva had stated it before you this evening and that is an additional DA provision that we would be requesting that you add -- if you move forward on this annexation. But to elaborate a little bit more, the DA provision itself, number 19 that I was discussing with you earlier, had changed quite a bit from its previous rendering. After we got to the table with all those folks we did realize -- and meeting with Gordon Hamilton, who represents the gas company, he told us that there is a requirement for a reimbursement agreement or reimbursement agreement to do any construction within their 75 foot easement. Nothing in their handbook describes the setback from their easement area and so their scope of work is primarily that 75 foot easement and he says whenever there is any work within that easement they always have a representative on site to inspect to make sure everything runs smoothly and so once we have gotten those -- once we identify the most pertinent facts, we have come up and scripted this with the help of our counsel and, of course, the applicant's counsel at the time and this is what we came up with. So, it's the last DA provision before you. won't read it in its entirety, but primarily it says that they are going to enter into a specific encroachment agreement, there will always be a representative from the gas company on site visually inspecting their work as they dig within that easement and as part of that any work outside of that easement -- so, anything north or south of that, if there isn't any work that the contractor or whoever is performing the construction or grading on the site would have actual physical barrier highlighting that easement area, so that no one could go into that area and impact that dirt. And the applicant was in agreement with that DA provision as you see before you this evening. Again, like the applicant says, staff has not received any contact or any written testimony since the last -- since the hearing in 2005. The only written testimony that we did receive was from ITD and ACHD regarding the traffic study and, then, also the updates as far as -- regarding access of ITD and their process as the applicant moves forward through their process, we will update it from their staff as to~° the outcome of their access approvals and that's why, Meridian City Council Special Meeting August 17, 2010 Page 33 of 53 again, to our knowledge and from your package tonight and attached to the staff report for the variance staff report, that they have denied access to Meridian Road. And the applicant is seeking -- is pursuing them on separate matters. One thing I did want to point out is that our UDC and the code, at least for the access -- to grant the access there are some findings that need to be made and there are some standards that the applicant needs to comply with, as Mr. -- as President Zaremba mentioned to you. One of those requirements is restrict access as you intensify use. That's a no brainer. The applicant is proposing quite a bit of active uses on the site. The other requirement was to construct a backage road, which the applicant has proposed to do. So, in staffs mind and based on the findings and based on what the findings are in the code, staff is of the opinion that the applicant has adequate access to the site and does not support and is recommending denial of the access to Meridian Road, which is no surprise. I guess there is no outstanding issues before you. Mr. Silva has outlined the new DA provision for you, number 20, basically, that they would submit a technical report to the planning department, either concurrent with a CZC application or with the submission of a preliminary plat application is how we have directed Mr. Silva to present that to you and he's done that adequately. So, with that I'd stand for any questions Council may have. De Weerd: Thank you, Bill. Any questions from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Bill, you said that access to Meridian Road would be denied, yet in the bullet points on the DA there was comment -- access would be prohibited with the exception of the quarter mile right-in, right-out. Parsons: Thanks for the clarification, Councilman Rountree. Correct. That's what P&Z recommended at their hearing. They didn't take a formal action on the variance, because Council is the deciding recommending body or the decision making body for a variance application, but they at least wanted to get some comment on that access to you when they took action on the annexation and that's what their formal recommendation was. Correct. De Weerd: Any further questions? Okay. Does the applicant have comment? Whallon: Again, my name is Brandon Whallon. We were excited to bring you this application forward to the City of Meridian. This started with an amendment to the Comprehensive Plan that was heard before the Planning Commission that was approved by the City Council that stated this area should be a regional mixed use -- as the regional mixed use land designation. And so we have worked hard to create a site plan that is functional, that will meet the tenants' needs, that will -- the tenants when they see this and know that we are entitled, they are going to be excited and they are going to want to make the commitment to investigate in our project in the City of Meridian. And this is a true mixed use project. There is residential elements. There is Meridian City Council Special Meeting August 17, 2010 Page 34 of 53 retail. There is nonretail. And a small office element. And this is truly a great endeavor for our company. We haven't had a lot of these and we are excited to see this project fill up and bring it to the City of Meridian. Now, as Mr. Parsons stated, largely there is -- there is 20 items that are now listed on the development agreement and we are largely in agreement in every single one of them. We think that that is due to a good process that has modified this site plan, the conceptual site plan five times through this process, and we feel that we have struck on something that meets the needs of the citizens of Meridian. It's a viable project that tenants will want to be a part of and we think that it would be a successful project. But we do have issues with two elements that are currently included in the development agreement and the first one I will go into a little bit is this new requirement that's being stated is this buffer outside of the existing 75 foot wide easement that benefits Northwest Pipeline. We have had several agreements -- or meetings with the Northwest Pipeline people and, you know, originally there was this development agreement stated any work on our property we would give engineering drawings to Northwest Pipeline, they would review them and upon their concurrence that this was not going to impact their project, we could, then, submit to the city and move forward. We presented that to Williams Pipeline with the city there and they said, hey, we don't want any part of reviewing your project plans outside of our 75 foot wide easement. That doesn't benefit us, it's going to waste our time, and it's an unnecessary requirement on you. We are only -- we are only focused on that area within that 75 foot wide easement that benefits us. And so we worked hard to craft the verbiage that's included in number 19 and we thought we had an agreement in place with Northwest Pipeline to move forward with a development of this property and we have a conceptual site plan that has been drafted recognizing that 75 foot no build easement across our property. Now, we are having a new requirement brought to us saying, hey, let's go outside of that 75 foot buffer, let's convey another 50 feet to Northwest Pipeline restricting your ability to develop on it and just looking at it as a single issue, it might not appear to be that big of an issue, but when Northwest Pipeline got their easement across this process property, they said, hey, we need 75 feet and they conveyed some form of compensation to the land owner for the restriction that would be put on this property because of that easement. Now, we are in a process where we are going to increase that -- we are almost going to double easement, but no benefit -- no cost to Northwest Pipeline and entirely the burden's put upon us. We have a restriction now on our property that we can't develop and so that is why we are resisting this and it's -- we do so not in the face of the health, safety, and welfare of the citizens of Meridian, we are very sensitive to that issue, but we did review the document that Mr. Silva provided us as the basis for this additional buffer and I would like to point you to three specific points on page seven, there is a statement that says regarding setbacks there is no analysis available to local government which would allow them to establish standards beyond current practices. Another item contained within his report on page C-3 states in the absence of any definitive studies recommending a specific distance, no single uniform distance can be applied. And another item in that report states there are no broad imperical studies that provide a sufficient basis for quantifying the risks of various land uses or building types within specific distances of transmission pipelines. Simply stated, we approach -- we appreciate the desire to insure the health, safety, and welfare of the citizens of Meridian. The submitted study is clear that there are not currently any Meridian City Council Special Meeting August 17, 2010 Page 35 of 53 standards that should be applied that are anymore protective than those established by current practices. There is no uniform distance that is applicable and there are not studies that show building type or land uses pose greater risk than others to an existing pipeline. We feel that a stronger nexus is required before reduction in our property rights should be considered. Lastly, is the issue of access. We had proposed early just to continue both of these hearings. Upon further investigation, we said, hey, maybe there is a possibility for us to move forward on these applications and that's something that we are prepared to do and we would support and we think that there are some possibilities that will protect our interest and allow the city to move forward confidently and if you notice I think it's item number ten of the development agreement, it states that the conceptual plan attached to the development agreement shall govern the development and if we enter into -- if our annexation and zoning is approved and we reserve or leave the number 14 silent and let our other litigation in civil court run its course before we truly decide what the access is, item number ten on the development agreement will allow us at that point in time to close those access points off in the event we do not get access and that will govern our access point or in the event that our legal case is successful in our benefit and those access points are allowed, item number ten stating that the development shall generally follow the concept plan. We think that there is a little bit of flexibility allowed there that based upon the outcome of the challenge we can modify the site plan to either show the access or not show the access. Number ten will be in place in the development agreement regardless of the outcome of the access. De Weerd: Council, any questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I guess just to help clarify a little bit for the record, I think what Deputy Silva stated was originally that was what was being requested was the 25 foot buffer. When he was asking for the Council to consider the development agreement there was a requirement that already exists in the fire code and in the planning code that allows for, essentially, an independent to give that recommendation as to what's appropriate from a safety standpoint. So, I don't think he's -- I don't think Deputy Chief Silva is saying the 25 foot's required, I think he's saying he wants to include that they are -- once they have their plan -- and there is some issues here, that they are going to have to also provide something. You know, I mean don't disagree with the applicant that the pipeline has a 75 foot easement, they have a 75 -foot easement through farm ground and that's all they have and that's what was purchased and that's what was there. Now they are talking about putting buildings and parking lots and other things on top of that and that's I think all that Chief Silva is talking about is making sure that it is safe and that there is -- it isn't new that the fire code has provisions that require those type of things and they have been used previously by the city as well. So, it isn't something that's new, it's something that's already existing in the code and it's just wanting them to make sure they comply with that requirement before they finalize their buildings. Meridian City Council Special Meeting August 17, 2010 Page 36 of 53 Whallon: The only portion to that that I would like to add, we recognize that the farm land that we purchased with that easement with the .pipeline -- two pipelines, actually, contained within that easement, there are triggers and thresholds that once they -- they have been triggered that improvements must be made to the pipeline and so we are fully aware that our increase of intensity is going to require that pipeline to improve and we are willing to participate in that. We are going to beef up that pipeline probably as beefy as it is underneath. the highway right next to us, so there is no issues with pavement or vehicles traveling across the pipeline. We are confident that we can engineer that pipeline as safe as it is underneath the highway right next to us and we are going to participate, we are going to pay a portion of those costs to upgrade their facilities. But we think that we can do that within the 75 foot easement that is in place. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: With respect to what Mr. Nary just said, would you object to something in the DA along the lines of what's your final footprint -- building footprint is -- is set that you would provide the city with a technical or safety report with respect to the footprint and the location of the pipeline and its safety. You would provide that, not -- and you just provide it, like a certification. Whallon: The only issue I have with that is I -- it sounds like a very technical report that would be -- require a very specialized person and I don't know what the costs of that would be. I think that as stated earlier, we are fully aware that our increases in intensity is going to trigger whether it's us or somebody else or just an incremental increase of intensity, if it's not one large project, but the pipeline itself has threshold that if there are so many people within linear feet of their pipeline, it triggers improvements and if it's slowly over time that cost is bore entirely by the pipeline. If a big development like this comes and it's an increase of intensity that's very rapid, well, then, we participate and we are fully aware of that. And this pipeline runs from New Mexico all the way up to the Canadian border through downtown Seattle. The engineering to make this safe is -- has been done before. This is not a new wheel that will be created. We are sensitive to the health, safety, and welfare of the citizens of Meridian, but we feel that the engineering and safety will be in place when we participate in the upgrade of these facilities because of our project. Rountree: I guess my concern is that it would be nice to have somebody deem this safe. Whallon: I agree. Rountree: Whether it's the pipeline or -- Whallon: I don't think that that -- Meridian City Council Special Meeting August 17, 2010 Page 37 of 53 Rountree: -- or a professional that you would hire who would either stamp it or swear that it's safe, because I can pull you pictures up on the Internet of these safe pipelines that are sticking out at each end of a rather large crater and, you know, that is not something that I can accept and that's not a public expectation. They expect to probably realize that there is no -- they won't realize there is a pipeline there period. So, some way to assure and it's not a guarantee. Fully understand that things happen. De Weerd: If you will please -- Overy: I'm Jason Overy: 5537 North Brigadoon Avenue, Meridian, Idaho. Councilman Rountree, Mayor. Through our discussions with Williams Pipeline -- and I glanced over at the representative that's here when you had a question, number 19 on our development agreement, the language that we tried to craft that Bill talked about was language that Williams Pipeline would be comfortable with it. They will be doing the engineering for any upgrade to the pipeline. They will be a part of that and as Brandon correctly stated, if we are the cause of the need for that upgrade, Hawkins Companies and this development will ultimately be responsible for the financial ramifications of any required upgrades and, similarly, as we have 20 or 30 thousand cars a day that cross this pipeline today on Meridian Road and at other places across the state and across the country, the engineering is available to do that and I think maybe it would be a better question for the pipeline representative if he could address the fact that in their review of our plans that they could address that concern and I'd also like to reiterate to Joe Silva that it is our intent to do what is right and we did try and design that site plan such that buildings that are adjacent to that are very limited, but at some point, you know, we have to have to a few buildings that are close to that and looking at the site plan I think the majority of those buildings are roughly, you know, well beyond that 25 feet, except for that core area where -- at the rear of the shopping center. So, I would like to have the Williams person address that question. De Weerd: And we will, but I would like to have Council ask any other questions of you as the applicant before I invite him up, so we don't have this ever moving process in front of us. Whallon: Okay. Thank you. And I do believe, just to finish that, that he will be able to address that question. De Weerd: Okay. Any further questions from Council? Sir. If you will, please, state your name again for the record. Woodbury: Okay. Don,Woodbury. De Weerd: Thank you, Don. Woodbury: And there was a lot of things to respond to, so I don't remember them all. They are correct in the fact that we only have a right of way for 75 feet. That's all that Meridian City Council Special Meeting August 17, 2010 Page 38 of 53 we can control. Although I would like -- and I'd like to make the point that the National Transportation Safety Board has recommended some setbacks, which would kind of concur with what Mr. Silva is trying to do. So, it's kind of tough for the developers, but that's the recommendation is to have some setbacks and that's not new, I mean houses have setbacks from street, you know. There is several examples. But I forgot the other gentleman's name, but he said that -- he was correct in the statement that the pipeline would be the ones engineering and installing the new pipeline and we have very strict codes. We are -- I guess directed by the Department of Transportation, that's who we are regulated by, so we have to go by the codes and, yeah, there is so many people that congregate in certain areas, the number of houses, the number of people and we have to have maybe thicker pipe type of things and be able to withstand more pressure, you know, externally, internally, but that's all code and we would -- we would have to do some of that upgrade and we do have a 75 foot right of way, but when we upgrade pipes we might need a little bit more of that, so I mean in their best interest it might be better if we did it before they built the parking lot or whoever they are building there. Just -- just FYI. It can be done later, we do it do -- we do it -- we did one out in Middleton through a subdivision and so it can be done, but -- for the end process it might be better if they came forward a little bit quicker, but that's not necessary, just a recommendation. And I forgot the other question, so any other questions for me or -- Rountree: Madam Mayor? De Weerd: Mr. Nary. I mean -- Mr. Nary. Mr. Rountree. Rountree: Whoever I am. De Weerd: Whatever your name is. Rountree: You indicated that -- that you all would build the engineering and build the pipeline. I assume that the specs that you would use would be what you understand the final build out would be adjacent to your pipeline. I wouldn't think you would want to do it a couple times. Woodbury: That's correct. We have classifications -- DOT has classifications on pipelines. Class one, two, three, four. Right now I believe it's a class two and with the upgrades it would surely go to class three. It probably would never go to class four. But, yes, we would build it to the class three. And you would engineer it, so I assume that you would stamp it and, essentially, by stamping it certified that it meets all codes and safety requirements. Woodbury: Yes. When we put -- install any new pipe -- the pipeline that goes through here is -- has a maximum allowable operating pressure, we call MAOP, of 850 pounds. When we install new pipe we test it to at least one and a half times that pressure and we put water in there and we pressurize it to one and a half times for at least eight hours to make sure that it -- that it will hold the pressure and we document that, yes. Meridian City Council Special Meeting August 17, 2010 Page 39 of 53 Rountree: And in the case of a catastrophic failure some years down the road and one of these buildings that's adjacent to the 75 foot footprint vaporizes, who is liable? Woodbury: Can't answer that question. I'm not an attorney, so I better not say anything there. We have attorneys for the company, but I can't answer that one. Sorry. Hoaglun: I have a question, Don and Madam Mayor. When there is a failure -- you describe the testing procedures. Is the cause mostly from external action that causes a rupture? Can you speak to that? Woodbury: I can speak to my experience. Whether it's good for, you know, everything can't guarantee that, but I would say probably 50-50. There was one a few years back over in New Plymouth that a farmer was plowing some ground without us around and the pipe, doing some deep plowing, and as long as -- as long as we are there and they have agreed to that, you know, in our developer's handbook, if we are there and the -- during the construction and no external forces are put on the pipe, it's -- it has a very good track record, let's put it that way. The track record of a pipeline -- an interstate pipeline, is better than flying in an airplane. So, how many of you fly in an airplane and, granted, that's maybe not the answer you want to hear, but it's a very good safe track record for a pipeline. Hoaglun: I guess, Madam Mayor and Don, if it is engineered correctly in terms of the specs and going from a class two to class three, whatever that means -- I don't know what that means, other than it's probably thicker and stronger. Woodbury: Yes. Basically. Hoaglun: That that reduces the chance of internally there is a protection there and as well as externally, but added protection externally is either to prohibit any type of digging, making sure there is no penetration, maybe it is additional land on each side to -- if there is something that happens -- I guess I'm trying to find that happy medium of, okay, if you engineer it to certain standards you don't need that additional barrier above and beyond 75 feet, because you have adequately engineered and -- but not being an engineer and not understanding this completely, I don't know what that is. So, maybe we need the additional 25 on each side, but it depends on the engineering. Woodbury: I guess technically as long as you're staying away from the pipe you're safe. Hoaglun: Right. Woodbury: So, you know, is a quarter of an inch better than -- you know. Hoaglun: Oh, I understand. And that's why I think it was staff looking at it going, you know, if we have someone come in and verify that if you engineer it to this standard and you have got -- the easement's 75 feet and it's running right in the middle of it, with that class three pipe you should be fine. If there is an incident it's going to do this type of Meridian City Council Special Meeting August 17, 2010 Page 40 of 53 damage. I mean we don't know that. We are not the experts, you know, Planning and Zoning staff they know a lot, but not everything like those type of things. You know, fire department wants to make sure that folks in those buildings are safe. So, I guess that's what we are looking for is some sort of assurance, whether it's the Northwest Pipeline that has experts that can give guidance to us and staff to say, okay, here is what this means and what you can expect and have, you know, Deputy Chief Silva and Planning and Zoning folks say, you know what, we have comfort level or we don't have comfort level and this is what we recommend to Council. So, I don't know if that's you, if we should ask someone else to do that or -- Woodbury: And I don't come to many of these meetings, so pardon my not calling you Councilman Hoaglun and all that. All I can say is the NTSB recommends it and Mr. Silva may have more statistics on why and all that, you know, I don't know. All I can say is they recommend it and technically, you know, if you stay an inch away you're fine, but I can just show what's recommended and I'm assuming, because it's the National Transportation Safety Board, it's something to do with safety. We hope so. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I have a curiosity that's not necessarily I guess related to this application, but just in general let's say there was an earthquake that split the pipe, are there any sensors along the way that sense all of a sudden there was a pressure drop that wasn't expected and it shuts a valve off someplace? Woodbury: Yes and no. Zaremba: Okay. Woodbury: In known earthquake areas, yes, we have automatic valves. In -- up and down the pipeline every few miles we do have sensors and pressure that is monitored in our gas control in Salt Lake and they can -- they can see pressure drops and -- you know, thank goodness that doesn't happen very often. There is only a few places there is automatic valves. Zaremba: That answered my question. Thank you. Parsons: Councilman Zaremba -- or President Zaremba, if I could just elaborate on that. When we met with the Intermountain Gas folks, their facility that takes the bulk -- the gas from the pipeline, they do have those valves. They do regulate those valves, so if there is an issue it triggers their alarm with them to go out there and check that out. But it certainly doesn't stop it from this pipeline. Woodbury: Right. And we get notified as well to go check things out and -- yeah. Meridian City Council Special Meeting August 17, 2010 Page 41 of 53 De Weerd: Okay. Anything further from Council? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I guess we haven't heard one way or another the position for the pipeline folks with respect to the development. Do you have any issues with it or do you endorse it? Woodbury: We work with development all the time. Rountree: Okay. Woodbury: I wouldn't say we are for or against either. You know, if it's approved and we will work with them, so -- De Weerd: Thank you. Rountree: Thank you. De Weerd: Okay. Is there any further testimony on this application? If not -- Silva: Madam Mayor, Members of the Council, I want to kind of express a little bit why we have got concerns about development. Just to kind of refresh your memory for those of you who may not be familiar, the original install -- there is actually two pipelines, as Brandon alluded to. One installed in 1956 and one in 1971. It's a 22 and 24 inch that run parallel through that area and they operate it at pressures as the Williams Pipeline representative indicated the 850 pounds. Typically problems that occur with these occur as a result of corrosion or mechanical damage that results during construction or some other heavy equipment operating in and around the building. They alluded to they have sensors that indicate a drop in pressure, that's very true. But the valves that control the flow in this case would have to be manipulated manually by technicians who might be a lead time of 45 minutes to isolate and block off this particular section of pipeline. During that time we can experience, because of the size of this pipeline, there is a chart that indicates operating -- operating pressures of 850 pounds with a pipeline of 24 inches in diameter. You would have impact damage a radius of about 470 feet, with flame lengths of a similar instance as it occurred in Carlsbad they had a 30 inch failure that had 12 fatalities and they had 500 foot flame lengths coming out of the pipeline. The fire was visible 20 miles away. And so we have got a lot of concerns for something that's been in the ground for quite some time and this has an average depth of cover of about five feet along the pipeline corridor. That can be disturbed from what the original design and what the original cover was when it was originally installed in 'S6 or '75 -- '71, depending on what pipeline you're talking Meridian City Council Special Meeting August 17, 2010 Page 42 of 53 about, because we had that agricultural uses that have occurred and cultivation that has occurred along that pipeline corridor in the years since '56 and '72. So, that's why we are asking for that technical analysis to be conducted that they alluded to that sliding mile, that upgrading of -- from a class one, two or three -- to a class three, that occurs similar to what -- how ACHD does street improvements, it's kind of an after the fact, unless there is a side agreement reached between the developers and pipeline operator. So, we are concerned about, you know, a lot of dirt that would have to be moved as a result of this project being developed in that area and so we want to make sure that we have taken every -- every precaution possible to insure for the safety of the public. The technical report that we are requesting is part of an International Fire Code section and that's Section 104.7.2. When we have challenges associated with the storage or hazardous materials or other processes that we are not familiar with or don't have the in-house technical expertise to deal with, we have the ability to, then, to call for technical -- technical report to insure for public safety and we have -- you know, we can request that be done by a person who is competent and licensed and has technical expertise to render an opinion with respect to the safety of the pipeline in this case. So, I just wanted to offer that testimony to just kind of clarify why the fire department has concerns about this. Just to kind of refresh your memory also, this gas is not odorized at the point where it's in this high pressure gas pipeline, so you can have a leak that goes undetected, because there is no sensory perception that you're in a hazard zone. There is -- or Mercaptan is what the odor is that's added at that take off that Idaho -- excuse me -- Intermountain Gas has there. That's where the Mercaptan is injected into the gas and, then, it becomes part of our local distribution system for Intermountain Gas. So, again, that's why our concerns of the fire department is raised with respect to this issue by former fire chief Ron Anderson and myself who want to work with the developer, but keep this project feasible, but we want some, you know, assurance that we have provided for public safety along that while we are considering this project before Council. De Weerd: Okay. Any questions for Deputy Chief Silva? Okay. Final comments? Overy: Jason Overy. And before I let Brandon do some final comments, I did want to respond to that -- to the comments made by the Northwest Pipeline representative and by Mr. Silva. Our number 19 in the development agreement, we stated that we would submit a copy to Meridian Public Works, our agreement with the Northwest Pipeline people and that that agreement will be in place prior to any construction activities commencing. So, I think we are hearing what the Council wants, we are hearing what Mr. Silva would like, and we have met numerous times with the Northwest Pipeline people, with Mr. Hamilton at their offices over the period of three years as we want to be responsible people in this community. Live in the City of Meridian and I have children and I plan on shopping there with my kids and I understand the concerns and it's definitely our intent to do this and I think we can accomplish that based on the language in number 19 in our development agreement, which includes providing Public Works with copies of these agreements that are -- that we intend to put in place. And I'll turn the time to Brandon. Meridian City Council Special Meeting August 17, 2010 Page 43 of 53 Canning: Madam Mayor, before Mr. Whallon starts, I think there is an easier way to think about the two provisions that have been added to the DA. The number 19 is really intended to protect the pipeline, to insure that the pipeline is treated respectfully and doesn't get damaged during the process of construction. Number 20 is intended to protect people in the event that there is an accident with the pipeline. So, I think that there are two very different things and that that may be a simple --amore simple way to think about them. De Weerd: Thank you. Whallon: Again, Brandon Whallon. And we appreciate the planning director Anna Canning's comments. There is a distinction here and I think that, you know, our due diligence with this property, we did phase one environmental assessments. We did geotechnical analysis of soil. We conducted surveys to assess encumbrances on the property and it would be -- it would be simply delinquent of us to push back on a technical study that is going to insure the safety -- health, safety, and general welfare of the citizens of Meridian. I am confident that if we participate in an upgrade of those facilities, the stamp saying that these are approved based upon the site plan that we developed this pipeline within, that technical study simply follows course and we will easily be able to provide that. So, at this point in time I think item number 19 we are in agreement with the pipeline that our activities will not jeopardize the pipeline. Item 20, a technical study to insure that that pipeline that we are going to upgrade is sufficient to protect the health, safety, and general welfare of the citizens of Meridian. I don't see that as an encumbrance upon us, that's simply a due diligence that's necessary. Outside of that we think that this application stands on its merits. This application reflects the Comprehensive Plan land use designation that's been applied to it. We feel that we have worked hard with staff to modify our site plans to reflect their desires and the code as the regulations require. We feel that we have support of the neighbors in the vicinity. We feel that this project will greatly benefit those people south of the freeway, so they will no longer have to choose between crossing the freeway and driving into the City of Meridian or possibly taking a right on the freeway and cruising into Boise. Those people are going to find shopping, services, and goods in their community, in their neighborhoods, and I think that this would be successful for -- it would be positive for them, positive for the community, and a successful development for Hawkins Companies. So, in conclusion, we would like to just ask that item 14 be stricken or silent regarding access until that is answered. We can't agree. to anything less than what we are having for at this point in time. So, we just have. an issue regarding number 15 and how the .Council would like to address that, but other than that we are confident that this is what the City of Meridian wants in that neighborhood and the application stands on its own merits. De Weerd: Thank you, Brandon. Any questions from Council? Okay. Thank you. Rountree: Madam Mayor, I have a question for staff. Bill, is that parcel that apparently is Intermountain Gas or whatever their name is now, the odor plant, is that in the city? Meridian City Council Special Meeting August 17, 2010 Page 44 of 53 Parsons: Councilman Rountree, it is not. Rountree: Okay. Hoaglun: And to follow up, Madam Mayor, question for staff. Is that something when we talked about the odor that comes off of that that there has been calls received, is that something that signage might be required that -- letting people know that occasionally the smell -- I don't know if it's that as big of a problem, so that's why I'm asking. Parsons: Madam Mayor, Council Member Hoaglun, that was discussed at the hearings or the meeting that we had with Intermountain Gas Company and they were okay with that. Possibly allowing the applicant to put some kind of signage on the fencing that surrounds the facility that says odorants added here. We are just cautious on that, because as you're aware, I mean they -- sometimes it gets spilt on the ground as they talked about to us and so if they go and add the odorant it's stronger at certain parts of the year than the summertime and so they were hesitant on that, but they were certainly -- they didn't oppose it. I think that would be a good recommendation to that applicant that they work with Intermountain Gas for some kind of signage there to inform folks and at least my other recommendation would be for them to notify their potential retailers that they may want to do something if their clients or folks that work there or want to locate there that there might be some odorant in the vicinity due to that, but one thing that Intermountain Gas cautioned us on is if tell people not to take it serious, if they do smell gas and they're saying don't worry about it, we are just adding the odorant, don't call anything, I mean that was their biggest concern when we talked to them. So, yeah, we can see both sides, so certainly one compromise is to somehow get that message out there. I think adding a sign on there does make sense, but at the same time I think public awareness is probably the way to go. Hoaglun: Thank you. De Weerd: Okay. Anything further? If there is nothing further, if Council is ready to close the public hearing on this item, I would entertain a motion. Sure. Developers get the last word, so -- Woodbury: Don Woodbury. Just so you will understand the layout of the 75 foot. If you start on one .side, go 20 ..foot, there is a pipeline, 20 foot there is a pipeline and, then, a 35 foot buffer.. So, there is 35 on one side, 20 on another, so it's not right in the middle. So, just FYI. De Weerd: Okay. Thank you. Overy: Jason Overy. And as Gordon Hamilton explained it to us, that gives them the flexibility to move it as they improve this pipeline as they upgrade it, so they can shift them and back and forth as they over time move them back and forth after their upgrades is the way it was explained to us. Thank you. Meridian City Council Special Meeting August 17, 2010 Page 45 of 53 De Weerd: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I guess on that same subject would they also have the opportunity to put it a little deeper, there being a five foot cover, I mean would seven feet help? Overy: Again, I -- not to speak for the pipeline, but, again, we spent a lot of time with them working through this and their understanding was based on engineering, the drawings that we would do for the shopping center, that they would -- they have some room, but those pipes -- I mean how they raise them or build up over them -- I mean that would all be engineered as part of the process of upgrading that pipeline and I think it would be of benefit at this process, especially for one that was built in 1956 that when we do develop -- no retailer is going to let us build a parking lot for them to be torn up two years later because of a timeline. The work will be one prior to construction of any parking lot over the top of it, so -- Hoaglun: Madam Mayor and Jason, while you're there looking at the screen where you have that concept plan and it looks like that pipeline, the way it's designed it gets a little small down there, but there are no buildings in that easement, but they are -- those two small ones -- and I'm not sure what the little one is right there -- yeah, right there. Is that for trash or -- I can't tell what that is. Overy: Councilman Hoaglun, you're correct, we did try and design the site plan with the majority of the building as far away from it as we could, but this is the area where we are -- again, we are trying to develop and have buildings. The smaller building that you have referenced is some auxiliary retail or maybe it's an office building or something along those lines. But you did key in in the very limited instances where we do have buildings adjacent to it and to further comment that no building can be built within that easement area, other than parking or landscaping. Hoaglun: Okay. Thank you. De Weerd: Thank you. Okay. Council, anything further? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing. Rountree: Second. Meridian City Council Special Meeting August 17, 2010 Page 46 of 53 De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. Any opposed? Okay. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I will I guess repeat myself a little bit. I do think there is value to this project. I think it's a good project to move forward with. I do support every one of the DA provisions, specifically number 14. And with that I think it's a good project. I'm prepared to make a motion. De Weerd: Okay. Zaremba: Madam Mayor, I move that we approve AZ 08-005 with all staff comments. What am I missing? Canning: Could you specify including the 20th DA provision, just so we are -- Zaremba: Including the DA provision that has been used by the fire department. De Weerd: Okay. I have a motion. Do I have a second? Rountree: I'll second. De Weerd: For discussion? Rountree: If Joe or Anna would read what that 20th DA provision actually says that I have heard things about setbacks and, then, I have heard technical studies and an agreement on the part of the applicant, because of the technical study, what does it -- what does it say in total? Canning: I believe Mr. Silva has the wording. Silva: Yeah. In terms of the -- Madam Mayor, Members of the Council, Councilman Rountree, that technical assistance -- the requirement within the fire code, is that what you're saying -- what they would do is do an independent study to make sure that the integrity, the process that was going to be used to upgrade the status of that pipeline, whether or not it's replaced with thicker walled pipe or whether or not they. would daylight it and insure that there is no corrosion that's taken place or any mechanical damage that has taken place, we would simply get this pipeline path upgraded. I would think in all likelihood it's probably going to get replaced because of its age. But it might Meridian City Council Special Meeting August 17, 2010 Page 47 of 53 include -- the things that he did not allude to is that the report that Brandon was referring to was produced -- it was kind of a guideline for development along pipeline corridors in the state of Washington and the report was put together in June of 2006 as recommendations to provide guidance for development along pipelines and it might include the -- on the feedback we got from the technical expert include an additional 25 feet outside the pipeline corridor proper to insure the safety of -- we don't have the building footprints sitting over -- over the pipeline corridor. Rountree: That's an explanation, but what does the DA say? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, maybe I could make a suggestion. think the DA provision would say pursuant to the International Fire Code provision -- and Ithink Chief Silva has the specific code reference, pursuant to the National Fire Code Provision -- Silva: 104.7.2. Nary: 104.7.2. The applicant shall provide an independent study to address the safety of the project and site plan in relation to the Northwest Pipeline reference in number 19. Canning: To issuance of the first CZC. Nary: The issuance of the first CZC. Zaremba: The maker of the motion includes that as item 20 in the DA. Rountree: I agree. Parsons: Excuse me, Madam Mayor, Councilmen. For further clarification would you -- since number 14 was approved with P&Z's recommendation for aright-in, right-out would you request the applicant to submit a revised concept plan removing two of those access points to Meridian Road? Zaremba: Yes. I would like that. De Weerd: Second agree? Rountree: Yes. De Weerd: Okay. Further discussion? Meridian City Council Special Meeting August 17, 2010 Page 48 of 53 Hoaglun: Yes, Madam Mayor. If I might inquire of staff on this. This particular development came about I think in the first month I was on City Council in '08 and really had my head spinning pretty good, but -- and it still does to some point. What I struggle with is the right-in, right-out, not allowing -- because when I look at Eagle Road and see the traffic there and every time it seems like there is another -- they allow another right-in, right-out and its access into the businesses and -- and that's important for these retail establishments and I'm thinking, okay, is this going to be the very first development on our state highway that won't have right-in, right-out and it will be the only one, because down the road something else goes in and they will get a variance. And I guess my question to staff is help me with this, is -- ITD has come along and they have said, no, can't do it, not going to allow it. Okay. Understand that. And they have that jurisdiction, they have the control of those access points. We don't -- even if we were to say today they can build as many as they want, it's still up to ITD; is that correct? Canning: Madam Mayor, President Zaremba, Mr. Hoaglun -- or Council Member Hoaglun, we like to think of it as kind of a -- two gates, so to get off the property they need to open our gate and to get onto the ITD property they need to open the second gate. So, this would open one gate for the right-in, right-out only. It's really a -- it's very difficult, because the two applications are so intertwined, but it's really a question of the variance as well and you haven't acted on that one yet, so you may want to see where you go with that second one, but this one I'm not sure where you're headed. I have no idea where Council is headed tonight. Hoaglun: When my head stops spinning I'll tell you, but it's not there yet, so -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If my recollection is correct, we have actually finished the approval of some projects along Chinden where we have stuck to the full access at half mile, right-in and right-out at the quarter mile. The developers have agreed to that. I'm not sure they have been built yet, but this actually wouldn't be the first. We do have some in the pipeline that do have that restriction. We have struggled greatly with Eagle and Eagle is the example we point to that says this is why we need this access internal. And, unfortunately, I have read studies from other areas where -they require the kinds of things we are requiring, like the backage road and limited access on the arterial, where it shows that the retail establishments have suffered no loss of their business. By the second time a customer heads for the business they have figured out where the access is and it isn't necessary to have a driveway to every doorway, so -- De Weerd: If there is nothing further, Council, I will go ahead and ask a roll call from Madam Clerk on the motion in front of you. Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Hoaglun, nay. Meridian City Council Special Meeting August 17, 2010 Page 49 of 53 De Weerd: And I vote aye. MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we deny VAR 08-008. De Weerd: Okay. I have a motion to deny Item 9-B. Okay. Without a second that motion will die. Rountree: Madam Mayor, I have a question for counsel. De Weerd: Mr. Rountree. Rountree: With a denial is there an opportunity to request a variance at some future date or is it a one shot request? Nary: Madam Mayor, Members of the Council, Mrs. Canning is going to have to remind me. It isn't a one shot deal. They can request it. I can't recall if it's ayear -- it's a year between the requests if you deny it, if it's the exact same request. So, they couldn't request it again for a year, which I don't know what that impact would be. But they are allowed to come back. Canning: But they could request something different, if they came back with three access. points, instead of six and -- they came back with two access points instead of three. Hoaglun: Or Madam Mayor and Anna, if they came in with just right-in, right-out only, is that enough of a change, I guess? Canning: That would be a different -- you can't come in with substantially the same application. Hoaglun: Okay. I understand clearly the left-hand turn issue. That's my reading where the majority of the accidents happen is that left turn across two lanes of traffic, I mean that's understandable. It doesn't give me heartburn for the right-in, right-out and that's -- just to move this along, let me try this motion, then: I move approval of VAR 08-008, allowing two right-in, right-out access points and an additional right-in, right-out in place of the right-in, right-out, left-in access point at the quarter mile to State Highway 69, Meridian Road. So, that would have -- that's my motion. De Weerd: Okay. We have a motion and I'll need a second. Meridian City Council Special Meeting August 17, 2010 Page 50 of 53 Bird: I will second it to ask a question. De Weerd: Okay. Discussion, Mr. Bird. Bird: Madam Mayor, the maker of the motion -- now, you're giving them three along Eagle Road, two right-in, two right-outs? Hoaglun: What I'm looking at, Councilman Bird, is the three access points would be the same that's up on the screen, except all three would be only right-in, right-out and it's possible he might only need two, but -- Bird: You're going an eighth, a quarter, and an eighth? Hoaglun: I don't want to get into, Madam Mayor and Councilman Bird, designing projects, where it would go if they could do two of them, I'm willing to knock one out and do two right-in, right-outs, if that's -- if that eases any heartburn, but it may not be, but -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would propose a substitute motion. De Weerd: Okay. Rountree: I would continue Item 9-B until August 23rd, 2011, or until such time as the Idaho Transportation Department and the applicant resolve their access issues. De Weerd: I have a motion. Do I have a second? Hoaglun: I will second, Madam Mayor. De Weerd: Okay. Any discussion on the substitute motion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, Council Member Rountree and Hoaglun. Did you want the applicant to comply with all the noticing requirements as if it were a new application for that variance, whether -- because, otherwise, right now you have picked a specific date, you're allowing them to come earlier. So, as long as they meet the noticing requirements. Meridian City Council Special Meeting August 17, 2010 Page 51 of 53 Rountree: Per our previous discussion readvertising. Reposting. Renoticing. Remailing. And Hoaglun: Second agrees. De Weerd: Okay. Any further discussion on the substitute motion to continue this Item 9-B for a year? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: We have an original motion that is now void. Okay. Well, that was a fast one. Thank you, Council. We appreciate the detail that was spent on this and staff and applicant and certainly Don from the pipeline. Item 10: Ordinances A. Continued from August 10, 2010: Ordinance No. 10-1452: 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 B. Ordinance No.: Repealing and Replacing Title 3, Chapter 4, of the Meridian City Code Regarding Outdoor Sales and Temporary Uses, Including Mobile Sales Units, Temporary Uses, and Citizen's Us Permits De Weerd: Okay. We have Item 10 under ordinances. Madam Clerk, will you, please, read the ordinance under 10-A, which 'is Ordinance Number 10-1452, by title only. Holman: Thank you, Madam Mayor. City of Meridian ordinance number 10-1452, 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. De Weerd: Thank you. You have heard this read by title only.. Is there anyone who would like to hear it read in its entirety? Seeing no one jump up and down, Council, do I have a motion? Meridian City Council Special Meeting August 17, 2010 Page 52 of 53 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve ordinance number 10-1452 with suspension of rules. Rountree: Second. De Weerd: I have a motion and second to approve Item 10-A. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: Item 10-B is proposed ordinance 10-1453. Madam Clerk, will you, please, read it by title only. Holman: Thank you, Madam Mayor. City of Meridian ordinance number 10-1453, an ordinance of the City of Meridian repealing and replacing Chapter 4, Title 3, of the Meridian City Code relating to outdoor sales and temporary uses, mobile sales units, temporary uses and citizens use permits, providing for a savings clause and providing an effective date. De Weerd: You have heard this ordinance read by title. Is there anyone who would like to hear it read in its entirety? Seeing none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Ordinance 10-1453 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-B. I don't see anyone jumping up and down to discuss. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council Special Meeting August 17, 2010 Page 53 of 53 De Weerd: We are at the end of our agenda. Do I have a motion -- Rountree: Move to adjourn. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:05 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) a,~ ~ ~~ MAYOR [~.~ra b1Yfa ~~~ ti) ~~ A= ' Q !Cj"J ~ L.. G~ ~ y ~u ~' ® <, , ~.>> ~ e DATE APPROVED JA L H L AN, ITY LERK Item: 9.A and B -Meridian and Amity (A~08-005 and VAR-08-008) ~~ ~" ~ ~ V Council Update: During the November 25, 2008 hearing (continued nine times) two is ~r~ 1~Q unresolved. The first dealt with the 75-foot gas easement that bisects the property a~7t~~e ~~ the three proposed access points to Meridian Road. The pipelines issue has been resol~d'1a~~ d DA provision #19 has been revised accordingly. Access to Meridian Road has been resolved with the ITD denial of the access points; therefore the variance application is ready for Council consideration and action. The applicant has submitted another request to continue the project for a year; August 16, 2011. Staff believes the outstanding issues have been adequately addressed for Council to act on the applications. Thus, Staff recommends the Council deny the applicant's request for a continuance. The Council has the following options on the disposition of the subject applications: Option #1: The Council can move forward on the AZ application and the applicant can withdraw the variance request and re-submit when the legal process is complete. Option #2: Move forward with the AZ and VAR requests since the administrative actions have been exhausted with ITD and a fmal order for denial of the variance has been rendered by the Director. If the Council supports the action of ITD and the variance application is denied, the applicant could re- apply one year after the denial. NOTE: The Council may still act favorably on the Annexation request as the variance is not necessary as other access is available to the site. Location: Northwest corner of W. Amity Road and S. Meridian Road Application: Annexation and Variance Highlights of Proposed Development: The applicant is requesting Annexation and Zoning of 73.10 acres from Ada County RUT to R-15 (Medium-high Density Residential) L-O (Limited Office), C-C (Community Business District) and C-G (General Commercial) zoning districts and variance request for three access points to Meridian Road for a proposed Mixed Use Development. Concept Plan- The concept plan currently depicts a large scale retail development which includes a large retail box store, amulti-tenant mid-box retail site, 20 individual retail buildings including several drive throughs, 3 office buildings and a 7.5 acre multi-family development. Buildings on the site range in size from 2,000 square feet to 184,000 square feet. The total square footage of office and retail uses proposed on the site is approximately 478,800 square feet. Access- The applicant is proposing two full access points to Harris Street; Three access points to Meridian Rd. -one right-in/right-out/left-in driveway and two right-in/right-out only driveways; two full access driveways and one right-in/right-out only driveway access to W. Amity Road and six full access driveways along the east side and one full access driveway on the west side of the proposed backage road. Outstanding Issue(s) for City Council: This project has been continued since the November 25, 2008 hearing. The purpose of the continuances was for the applicant to resolve the access points proposed for Meridian Road with ITD. The final decision denying access to Meridian Rd. has been rendered by ITD. Notes: Meridian City Council Meeting DATE: August 17, 201o ITEM NUMBER: 5A PROJECT NUMBER: MDA 10-002 ITEM TITLE: Bridgetower Crossing Office Addendum to Development Agreement for Approval: MDA 10-002 Bridgetower Crossing Office by Primeland Investment Group, LLC Located on the SWC of W. McMillan Road and N. Linder Road: Request to Modify Several Provisions of the Recorded DA (Inst. # 108059801) MEETING NOTES ~" - CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~ e-rua~ e~ C~~c~ ~tr~S~-ev~s~ ADA COUNTY RECORDER J. OAVID NAVARRO AMOUNT .00 I BOISE IDAHO 08119110 10:46 AM DEPUTY Vicid Allen RECORDED-REQUi:sT of III IIIIIIIIIIIIIIIIIIilllllllll II Meridian City i 1907~57~5 ADDENDUM TO DEVELOPMENT. AGREEMENT PARTIES: 1. City of Meridian 2. Frimeland Investment Group, LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMII~IT is dated this l 1 ~y of ,~.~y~,~- , 2010, ("ADDENDUM"), by and between Cl'TY OF MERIDIAN, a municipal corporation of the State of Idaho ("CITY"), and Primeland Investment Group, LLC, ("OWNER/DEVELOPER"), whose address is 3120 W. Belltower Drive, Ste. 200, Meridian, ID 83642. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was approved on May 15, 2008 and recorded on May 22, 2008 (Instrument # 108059801). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNE12/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: Section 4. USES PERMITTED BY THIS AGREEMENT: Commercial Development consisting of 7 buildings in a L-O zoning district.. Section 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT I'R~?PE)~TY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-002 - Bxrocgrowex dtossntG OPPiCe) Pale 1 of 5 1. The proposed commercial and office buildings shall be constructed with high quality materials, including. but not limited to: stucco, wood and brick, with substantial stone accents, four sided architecture: for retail uses one side may not require full facade treatment if there is screening for the loading area, highlighted main entrances, stamped decorative concrete, flat roofs, accent metal roofing, composite or file roofing materials and variations in colors, roof planes and parapet heights. 2. Elevations shall substantially conform to the photos submitted, as set forth in Exhibit D of the original Development Agreement. 3. Development of the property shall generally comply, as determined by the Planning Director, with the conceptual site plan submitted with MDA 10-002, attached hereto as B. All future development of the subject property shall comply with the L-O District regulations. Further, all future development of the subject property shall comply with City of Meridian ordinance in effect at the time of development. 4. The applicant shall submit a Certificate of Zoning Compliance application to the Planning Department for approval of all future uses on the site to ensure compliance with the Unified Development Code, the Meridian Design Manual, and provisions of the development agreement contained herein, prior to issuance of building permits for any structure(s) within this site. 5. The City Council expects some stamped decorative concrete within the proposed development. 6. City Council granted access to Linder Road for the future church site as proposed on the submitted concept plan. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall besubject to de-annexation if the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Addendum. ADDENDUM 'I'O DEVELOPMENT A~iBFF_1N~NT (MDA 10-002 - BxIDCSrow©t CROSSarc dr~cE) Page 2 of 5 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developerand City relative to the subject matter herein, and there are no promises, agreements, conditions or under-standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing. development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall. be effective a.~ of the date herein above written. 7. Except as amended by the Addendums, all terms of the previous Agreements shall remain in full. force and-effect. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-002 - BKtncsrow~t CROSSnac O~[CE) Page 3 of 5 AC_ :KN(_1WI,Ei~MENTS IN WITNESS WHEREOF, the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: PI~IMELAND INVESTMENT GROUP, LLC CITY OF MERMAN ., ~, .~ ti , ,. - ~•2~ rFO Mayor T de Weerd Att€ct' SEAL `G Y ,. ~~iitrnin ~~~~~~ti~~~~~ ADDENDUM 'TO DEVELOPMENT AGREEMENT (MDA 1Q002 - BxID~srowER Cttossnl~ O[~cs) Page 4 of 5 STATE OF IDAHO ) 1 ss. County of Ada ) On this ~ ~~ day of _U~-~ , 2010, before me, the undersigned, a Public in and for said State, personally appeared ar~ 5 yarrta~ known or identified to me to be the ilYtux~ of Primeland Investments, LLC, the Idaho limited liability company that executed the within and foregoing instrument, or the person who executed the instrument on behalf of said Idaho limited liability company, and acknowledged to me that such Idaho limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. KIMBERLY WINKLE Notary Public State of Idaho Notary Public for Idaho Residing at: My commission expires: _ _ l ~' ! STATE OF IDAHO ) cc County of Ada ) On this~~ day of ~q vs~l' , 2010, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •~Essr~,~ •.. - is O ?''' ~;~ ' ,off. (SEAS) ; ~ ~~~';~; N Public for I o :`,~ ~, ; ~; Residing at• ~ Uv~; 4 ~ 1~ 9.~;~ ~ ~ Commission expires: ,~ y acs ~- ': IDAHD .• ••....•• ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-002 - BxID~rowFx Ceossnac O~tcB) Pape 5 of 5 Proposed Concept Plan ;o 0 0 :° a ;a''~ 'o c 0 ,~ ;o ,o "! n r .,~ ~ ;o !o 0 ~u a' !Q ~~ a I :o ;o 9 AEI~A 6EING YODlFlED EXHIBIT 8 -~ BRiDGETOWER 01`F1CE Meridian City Council Meeting DATE: August 17, 201o ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approval of Agreement with Ada County Highway District for Construction of Overland Road IIB Project MEETING NOTES ~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS $-1$' ~ "t$' g ^ ~~ ~C,~GC('e- ~-- Moll ~`F'X1 ~ ~r-q~ ha\ -~ qua Cn-k ~ ~Sc9 Q, ~ ~ 1 ~ ~ - (~ ~ -(c~ rece t~ e.c~ s ~q h e ~ doc- Back- ~1 e- - s ere. ~~i~E IDIAN~-- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Tim Curns, Transportation and Utility Coordinator DATE: July 16, 2010 Mayor Tammy de Weerd city ceandl Me~nbe~s~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: APPROVAL OF AGREEMENT WITH ACHD FOR CONSTRUCTION OF OVERLAND ROAD IIB PROJECT I. RECOMMENDED ACTION A. Move to: 1. Approve the agreement with ACHD for construction of the Overland Road IIB Project; and 2. Authorize the Mayor to sign the revised agreement II. DEPARTMENT CONTACT PERSONS Tim Curns, Transportation and Utility Coordinator 489-0342 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION Background The Ada County Highway District will begin construction of the northernmost lane of Overland, between Linder and the recently realigned section of Overland Road. As part of the construction, hydrants and water main stubs will be constructed along the north side of Overland Road. 1 of 2 IV. IMPACT A. Strate ig c Impact: This agreement with ACRD allows for project cost savings and a reduction in the overall duration of construction in the roadway. These benefits further the goals of the Public Works Department to conduct projects in a fiscally responsible manner and minimize impacts to the traveling public. B. Service/Delivery Impact: This project will improve fire protection by adding hydrants and make possible future main extensions to the north without impacting the new roadway. C. Fiscal Impact: A reduction in overall project construction cost will be realized due to ACRD sharing costs such as administrative, traffic control, and mobilization. The City also does not pay certain costs associated with separately constructing the project, such as permanent pavement restoration and Storm Water Pollution Prevent Plan administration. The design work for the water facilities was done by ACHD at no cost to the City. V. ALTERNATIVES Council may choose not to approve the agreement; however, this would cause the work contained in the project to be removed from the ACHD project and bid separately at a higher cost in the future. VI. TIME CONSTRAINTS Council's approval will allow the City's work to be executed with ACHD's project. Construction of the project is anticipated to being in September. VII. LIST OF ATTACHMENTS A. Agreement with ACHD Approved for Council Agenda: Q io Warren St ngineering r D to 2 of 2 INTERAGENCY AGREEMENT FOR: ROADWAY CONSTRUCTION /WATER LINE IMPROVEMENTS OVERLAND ROAD, TEN MILE TO CINDER PHASE -IIB ACHD PROJECT N0.608023.002 THIS AGREEMENT made and entered into this ~_ day of August, 2010, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT or ACHD, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. RECITALS WHEREAS, ACRD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction, and authority to maintain, improve, regulate, and operate public rights- of-way in Ada County. WHEREAS, City is a public entity organized and operating pursuant to Idaho Code Title 50, as amended and supplemented. City is a municipal corporation with jurisdiction, authority and police power to regulate and control municipal activities within the City. WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties. WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing the Overland Road, Ten Mile to Linder Phase -IIB, including water installations as detailed in ACRD Project Number 608023.002, hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installation of water lines as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the water lines within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line design and installation. Page 1 of 6 NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and water line installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and water line installation work referenced herein; c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT after obtaining MERIDIAN'S concurrence regarding MERIDIAN'S portion of the work, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f. Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the water line facilities from 1-foot above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re-testing required in any area that does not meet CONTRACT requirements; h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking water lines and service lines contained in MERIDIAN'S portion of the work. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection of all water facilities installed under the CONTRACT and provide copies of appropriate tests and diaries to the DISTRICT Project Representative. Field survey and grade control required for the installation of the water facilities installed under the CONTRACT shall be provided by MERIDIAN; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the water facilities to be included in the bid documents for the Page 2 of 6 CONTRACT (all work required for the water facilities to be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Supplemental Specifications to the ISPWC); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of five (5) percent of MERIDIAN'S construction costs for all additional costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the installations, adjustments, relocations, and abandonments of the water facilities; Reimburse the DISTRICT for mobilization, traffic control, flagging, detours, and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN`S project costs as they relate to the total project construction costs; g. Be liable for the cost of repairing any trench failures attributable to failure of water lines, and be liable for and indemnify the DISTRICT for any and all costs and damages resulting from any such trench failure; and h. Reimburse DISTRICT for all other actual costs attributable to the installations, adjustments, relocations, and abandonments of MERIDIAN'S portion of the water facilities or to the removal of any or all items from the Contract that are associated with the installation of water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights, and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The CONTRACT amount for MERIDIAN'S portion of the Project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements made by MERIDIAN, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; c. MERIDIAN'S approval will be required for any change order work involving the installations, adjustments, relocations, and abandonments of water facilities; Page 3 of 6 d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire Project for the purpose of reviewing the Project to locate and note any unstable areas and resolve any items of concern or misunderstanding; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. k. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. I. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner. by any representations, warranties, covenants and agreements except as specifically set forth herein. m. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. n. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by ACHD and City. Page 4 of 6 p. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. q. This Agreement maybe executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. r. The parties hereto agree that. nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. Time shall be of the essence for all events and obligations to be performed under this Agreement. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: By: illiam J. Sch itzer Sherry uber Director President, Board of Commissioners ATTEST: ~~~` ' ,~~`~ OF ~R1p~ ` ~•~ITY OF MERIDIAN y, / By: SEAL Jaycee Holman " ~ .~ 'my de Weerd City Clerk r's~ , ~i 9 ,,~ 4,! \``\ ~, Mayor ~ ~~~~~!~rri~i n t1~~~~`, STATE OF IDAHO ) ss. COUNTY OF ADA ) On this ~~ day of ~ , 2010, before me, a notary public in and for said state, personally appeared S RRY R. HUBER known to me to be the PRESIDENT of the ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS Page 5 of 6 and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz first above written. ,.~~ •••••ti ~~'•.• Notary Public for daho y O~ AR y •t •; Residing at ~ ~~-- ,Idaho ~ '' • ~ = My commission expires: ~l -Ss -Z-~~S v~ •' G . ~ PUBS'` ,• Z ._ ~r~ o~ 1~~,,,. STATE OF IDAHO COUNTY OF ADA ss. On this~~' _ day of , 2010, before me, the undersigned, personally appeazed TAMMY DE WEE and JAYCEE HOLMAN, Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~....,~ 5tiG'4ARA~`'r•~ ~ GJ. O • ~ ~ x ~~ Notary Public for Idaho Idaho ~, ;~o; Residing at I~1 ~~ a~ , ~~. ~ptl8~'~G.O~: My commission expires: ,jo,,,~ y , ~~~ •....• Page 6 of 6 Meridian City Council Meeting DATE: August 17, 2010 ITEM NUMBER: 5C PROJECT NUMBER: FP 10-005 ITEM TITLE: Zebulon Heights Subdivision No. 3 Order Granting Final Plat Approval: FP 10-005 Zebulon Heights Subdivision No. 3 by The Tradtiions by Amyx II, LLP Located south of E. McMillan Road and west of N. Eagle Road: Request for Final Plat Approval of 18Single-Family Residential Building Lots, 4 Common Lots and 1 ACHD Storm Drainage Lot on 8.06 Acres in an R-4 Zoning District MEETING NOTES ~"° y CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~ -F Y~ i ~ ~~` Meridian City Council Meeting DATE: August 17, 201o ITEM NUMBER: 5D PROJECT NUMBER: FP 10-004 ITEM TITLE: Spurwing Greens Order of Conditional Approval of Final Plat: FP 10-004 Spurwing Greens by Lion Land, LLC Located Approximately 1 /4 mile North of Chinden Boulevard, West of Spurwing Subdivision: Request for Final Plat Approval for 2 Residential Building Lots and 2 Common Lots on Approximately 2.13 Acres in an R-2 Zoning District MEETING NOTES v CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 17, 2010 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Community Items /Presentations Community Items /Presentations: Smoke-Free Parks Presentation and Discussion MEETING NOTES ~~ ~.~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS L ~ f Y c• ~~ -~~ ~~ c~~ D PARKS or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving material, waterlines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities, or park property or appurtenances whatsoever, either real or personal. 8-2-6: LEAVING OR DEPOSITING REFUSE IN PUBLIC PARKS: It shall be unlawful for any person, firm, or corporation using the public parks, grounds, buildings, or other facilities of the City of Ammon to bring in or dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse, or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any public park or building, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere. 8-2-7: CAUSING DISTURBANCES OR USING PROFANITY: It shalt be unlawful for any person using the public parks, grounds, buildings, or other facilities of the City of Arnmon to disturb the peace, or use any profane, obscene, or blasphemous language. Violation of this section shall be deemed an infraction. 8-2-8: POSSESSING OR CONSUMING ALCOHOLIC BEVERAGES: Et shall be unlawful for any person, firm, or corporation using the public parks, grounds, ,.-~ buildings, or other facilities of the City of Ammon to carry, possess, or drink alcoholic beverages. 8-2-9: SMOKING RESTRICTED: It shall be unlawful for any person to smoke, in any form within a park located in the City of Ammon. Violation of this section shall be deemed an infraction. 8-2-10: MOTOR VEHICLES PROHIBITED: It shall be unlawful to drive or park any motor driven vehicle except on a street, driveway or parking lot in any City of Ammon park; or to (save any such vehicle in any place other than established for public parking, without a written permit from the City of Ammon. Violation of this section shall be deemed an infraction. 8-2-11: VIOLATING POSTED RULES: It shall be unlawful for any person, firm, or corporation using the public parks, grounds, buildings, or other facilities of the City of Ammon to violate any posted rule for the use of public parks and buildings or other facilities made or approved by the Department of Parks and Recreation. 8-2-12: PENALTY: Any violation of the provisions of this chapter deemed to be a misdemeanor shall be subject to penalties prescribed for such violations under section 1-4-1 of this code. Any violation of the provisions of sections 8-2-1,8-2-7, 8-2-9, or 8-2- 10 of this chapter shall be deemed an infraction and shall be subject to the penalties as provided for in section 1-4-2. Page 2 of 2 ,--~ ORDINANCE NO. 02009-6 AN ORDINANCE OF THE CITY OF EMMETT, IDAHO, PROHIBITING SMOKING IN THE FENCED CHILDREN'S PLAYGROUND OF THE MAIN STREET CITY PARK AND WITHIN FIFTEEN FEET OF THIS PLAYGROUND; REQUIRING THAT THE PROHIBITION BE POSTED; MAKING VIOLATIONS AN INFRACTION; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EMMETT, IDAHO, AS FOLLOWS: Section 1: The city council finds that the effects of secondary smoke generated by the smoking of cigars, cigarettes, pipes, and similar articles poses a threat to the health, safety, and well-being of the citizens of this city who do not smoke. The city council further finds that the Surgeon General's reports on smoking hazards, linking high levels of involuntary smoke exposure to reduced breathing ability in passive smokers, buttresses the need to provide more protection to nonsmokers in public settings. ~ Therefore, the purpose of this legislation is to place reasonable limitations on smoking within the city while striking a balance between the health needs of all nonsmoking individuals and the rights of smokers. Section 2: "Smoke" or "smoking" means and includes: possession, carrying, or holding a lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or the lighting or emitting or exhaling of smoke of a pipe, cigar, or cigarette or any kind, or of any other lighted smoking equipment. Section 3: Smoking is hereby prohibited in the fenced children's playground and within fifteen feet of the fenced children's playground in the City Park located on Main Street between Johns Avenue and McKinley Avenue. Section 4: A violation of this ordinance is an infraction punishable by a fine not to exceed one hundred dollars $100.00. Section 5: "No smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted designating the area of the park where smoking is prohibited. Signs stating that violation of the prohibition is an infraction punishable by a fine not to exceed $100.00 shall also be posted in the same area. Page 1 RESOLUTION 2010-07 A RESOLUTION RELATING TO THE CITY OF PAYETTE OUTDOOR FACILITIES VOLUNTARY TOBACCO-FREE POLICY WHEREAS, the City of Payette and the Southwest District Health cite findings that show tobacco use in the proximity of children and adults engaging in or watching outdoor recreational activities at City operated facilities and playgrounds is detrimental to their health and can be offensive to those using such facilities; and WHEREAS, the City of Payette believes parents, leaders and officials involved in recreation are role models for youth and can have a positive effect on the lifestyle choices they make; and, WHEREAS, cigarettes and chewing tobacco, once consumed in public spaces, are often disposed of on the ground, requiring additional maintenance expenses, diminish the beauty of Payette parks and facilities, and pose a risk to toddlers an pets due to ingestion; and, WHEREAS, the City Council of the City of Payette determines that the voluntary abstinence from tobacco use at the City's playgrounds and recreational facilities serves to protect the health, safety and we{fare of the ci#izens of Payette. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF PAYETTE, IDAHO: Section 1. The City of Payette doss hereby adopt a voluntary tobacco-free policy for such City of Payette park properties and public events as set forth herein. Section 2. the Parks Superintendent is authorized to designate the parks and facilities within the City of Payette to be posted with signage requesting voluntary abstinence from tobacco use in the following areas: ~ a. The immediate area of playgrounds and play areas. b. The immediate area around public restrooms. f~ e t: ~~ t.t f ~ ~ •~ ~ ~,.."~ ORDINANCE N0.968 AN ORDINANCE ESTABL1S1dING REGULATIONS CONCERNING USE OF THE CITY PARKS OF THE CITY OF REXBURG, IDAHO; PROVIDING THAT ANY PERSON, FIRM OR CORPORATION VIOLATING THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR; PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE; AND REPEALING AND REPLACING ORDINANCE 564. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO: SECTION l: Requirements concerning use of grounds and facilities. Each person, firm or corporation using the public parks and grounds shall clean up all debris, extinguish all fires when such fires are permitted, and leave the premises in good order, and the facilities in a neat and sanitary condition. SECTION II: Prohibited acts: It shall be unlawful for any person, firm or corporation using such Parks to either perform or perntit to be performed any of the following acts: A. Willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any building, bridges, tables, benches, fireplaces, railings, paving or paving material, waterlines or other public utilities or pans or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities of Park property or appurtenances whatsoever, either real or personal, unless specifically granted permission by the ~~, appropriate agent of the Ciry of Rexburg. B. Throw, discharge, or otherwise place or cause to be placed in tl3e waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any Park or any tributary, stream, stomp sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or tnay result in the pollution of said waters. C. Bring in or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse, or other trash. No such refuse or trash shall be placed in any waters or contiguous to any Park, or Left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the Park by the person responsible for its presence, and properly disposed of elsewhere. D. Disturb the peace, or use any profane, obscene or blasphemous language. E. Endanger the safety of any person by any conduct or act. F. Commit any assault, battery, or engage in fighting. G. Cary, possess, or drink any alcoholic beverage in any Park. H. Violate any rule for the use of the Park, made or approved by the Ciry Council or designated agent of the City of Rexburg relating to management of the Parks. I. Prevent any person from using any Park, or any of its facilities, or interfere with such use in compliance with this ordinance and the rules applicable to ~~ such use. SECTION IiI: Hours of Operation: The Parks shall be opened daily to the public between the hours of 5 A.M. to 11:30 P.M. every day; and it shall be unlawful for any person, or persons (other than city personnel conducting city business therein), to occupy or be present in said Park during any hours in which the Park is not open to the public. Any section, or part of the Park, may be declared closed to the public by the City Counci! or designated agent of the City of Rexburg relative to Parks, at any time and for any purpose and for any interval of time, either temporarily or at regular or stated intervals. SECTION VI: Other reDulations: A. Special activities. It shall be unlawful to engage in special activities including #iying model airplanes, golf practice, games except at locations specifically designated for such activities by the City Council or designated agent of the City of Rexburg relative to Parks. Areas for such activities may be reserved by groups for use at specified times. B. Motor Vehicles. It shalt be unlawful to drive or park any motor-driven vehicle except on a street, driveway or parking lei in any Park; or to park or leave any such vehicle in any place other than established for public parking, without a written permit from the City Councilor designated agent of the City of Rexburg relative to Parks. C. Animals. It shall be unlawful for any person to bring or harbor any animal in the Parks, except as may be allowed pursuant to established leash laws for the City of Rexburg. I3. Sales. ]t shall be unlawful for any person other than those designated by the City Councilor designated agent of the City of Rexburg relative to Parks, to vend, sell, peddle, or offer for sale any commodity or article within any Park. E. Smoking. It shall be unlawful for any person to smoke within fifty feet (SO) of any structure, bleacher, playground equipment ar water facility within the Park. F. Alcoholic beverages. It shall be unlawful for any person to have in his ar her possession, custody or control any alcoholic beverages of any kind whatsoever. G. Signs. It shall be unlawful for anyone to paste, glue, tack or otherwise post any sign, placard, advertisement, or inscription whatever, or for any person to erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a Park without first having obtained permission from the City Council or designated agent of the City of Rexburg relative to Parks. Provided that these provisions shall not apply to any properly authorized government official in pursuit of airy official duty. SECTION VII: Violation a misdemeanor: Any person, firm or corporation who faits, neglects, or refuses to comply with the provisions of this ordinance shall be deemed to be in violation thereof and guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not less than twenty-f-ve dollars and not more than three hundred dollars, or may be confined in jail for a period of not more than thirty days, either or both such fine and imprisonment may be imposed, and in addition thereto, any person so convicted shall pay such costs as the Court may assess. ~"`~. ~"` SECTION VIII: This ordinance shall be in full force and effect from and after its passage, approval, and due publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this g~day of September. 2006. Shawn Larsen,Mayor ATTEST: flair D. Kay, City Clerk STATE OF 1DAH0 ) ~..~ :ss County of Madison ) I, Blair D. Kay, City Clerk of the City of Rexburg, ]daho, do hereby certify: That the above and foregoing is a full, true and correct copy of the Ordinance entitled: AN ORDINANCE ESTABLISHING REGULATIONS CONCERNING USE OF THE GITY PARKS OF THE CITY OF REXBURG, IDAHO; PROVIDING THAT ANY PERSON, FIRM OR CORPORATION VIOLATING THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR; PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE; AND REPEALING AND REPLACING ORDINANCE SG4. Passed by the City Council and approved by the Mayor this 06'b day of September, 2006. Blair D. Kay, City Clerk ~"`~. CITY OF WILDER RESOLUTION No. 509 Tobacco-Free Park Policy Sponsored by Council person: Robert Rivera A RESOLUTION OF THE CITY OF WILDER, CANYON COUNTY, IDAHO, DECLARING WILDER CITY PARK AND ANY CITY-OWNED OR OPERATED OUTDOOR RECREATION FACILITY AS SMOKE-FREE ZONES; PROVIDING FOR THE POSTING OF SMOKE-FREE ZONE SIGNS; AND PROVIDING AN EFFECTIVE DATE. Section 1: Rationale 1.1 WHEREAS, the City of Wilder believes that cigarette smoking in the proximity of children and adults engaging in or watching outdoor recreational activities at City-owned and -operated facilities is detrimental to their health and can be offensive to those using such facilities; and 1.2 The City has a unique opportunity to create and sustain an environment that supports a non-tobacco norm through asmoke-free policy and adult-peer role modeling at City outdoor recreational facilities; and 1.3 The City believes parents, leaders, and officials involved in recreation are role models for youth and can have a positive effect on the lifestyle choices they make; and 1.4 Cigarettes, once consumed in public spaces, are often discarded on the ground, requiring additional maintenance expenses, diminishing the beauty of the City's recreational facilities, and posing a risk to toddlers due to ingestion; and I.S The City Council of Wilder determines that declaring the City's recreational facilities as smoke-free zones serves to protect the health, safety and welfare of the citizens of our City ~. Resolution No. 509 Tobacco-Free Park Policy Page #~] RECEIVED AUG 1 7 2010 CITY OFGC~tE „±N TY C ERKS OFFICE ~`o~acca Park ~~ R Great e Areas Promote Health! i ~,~ ~~ Parks are for everyone, right? Parks are built to promote healthy activities and improve the quality of life for community members. Tobacco-free e policies promote good health. Tobacco~free environments show a community's support for the health, safety and welfare of ~' community members. Tobacco-free policies help establish a community norm that says tobacco use is not an acceptable behavior for young people or adults. When children see adults smoking in a family place like a park, they think smoking is acceptable and are more likely to copy the behavior. Tobacco-free policies help reduce litter. Cigarette filters aren't biodegradable -they'll stay around for a long time unless picked up. What's the big fuss about? Cigarette litter is dangerous. Discarded cigarettes pollute land and water. Worse, yet, cigarette butts can be eaten by children, pets and wildlife. Ingesting cigarettes is hazardous! Secondhand smoke harms everyone. The 2006 Surgeon General's Report on secondhand smoke concluded that secondhand smoke is a human cancer causing agent. The U.S. Environmental Protection Agency states that there is no safe level of secondhand smoke. Secondhand smoke is harmful in outdoor settings, too. Studys show that secondhand smoke levels in outdoor public places can reach levels as high as those found in indoor spaces where smoking is permitted. What can we do about it? Local governments can enact policies to restrict tobacco use. Neither federal nor state law prohibits local governments (cities, counties, etc.) from regulating tobacco use outdoors. A local government can pass a policy or an ordinance to restrict tobacco use in parks and recreation areas. Park policies cover city or county-owned parks. They are established by local park boards and are often approved by city councils or county boards. People who violate a policy can be asked to stop the behavior or leave the premises. An ordinance is a local law, generally passed by a legislative body (city council) and signed by a city executive (mayor), and then enforced by local police and district attorneys. Violating an ordinance can result in a fine. Won't policies and laws keep people from using parks? Tobacco-free policies for parks and other recreation areas ensure that all citizens have a healthy place to relax and play. Smokers already work, eat, shop and live in smoke-free environments. It seems logical to include parks and other recreation areas as well. Surveys conducted in many communities across the U.S. show that the majority of citizens support tobacco-free parks. Tobacco~free policies are similar to ones that prohibit alcohol use, littering and pets off leash. Each one of these policies are established to protect the health and safety of all citizens. CENTRAL Central District Health Department •• DISTRICT 707 North Armstrong Place oRHEALTH Boise, ID 83704-0825 DEPARTMENT 208-375-5211 FAX: 208-327-8610 www.cdhd.idaho.gov ~~~~>~~ Is Secondhand Smoke Safe to Breathe Outdoors? YOL:~1 Introduction Knowledge about the dangerous chemicals contained in secondhand smoke, along with their deadly consequences for smokers, has been well established for decades. We also know that the secondhand smoke breathed in by non-smokers from the burning end of a lit tobacco product or exhaled from a smoker's lungs contains essentially the same dangerous chemicals and is therefore also very unhealthy to breathe. The volume of scientific evidence showing that secondhand smoke causes serious illness and death in adults and children has grown to a level where in 2006, the U.S. Surgeon General called it massive, conc/usive and indisputab/e. As a result, more and more people in the United States (and throughout the world) are taking action to eliminate people's exposure to secondhand smoke, in order to protect everyone's health. Most of these actions have been through the elimination of indoor smoking in homes, cars, worksites and other public places. To a lesser degree, smoking restrictions are being adopted for outdoor settings. Background What does the scientific evidence say about breathing secondhand smoke outdoors? While the amount of research conducted on secondhand smoke in outdoor settings is not as vast as that completed in indoor environments, the research findings are showing similarities. The California Air Resources Board~i> measured secondhand smoke concentrations in a variety of outdoor locations at airports, co/%ges, government centers, office comp/exes and amusement parks They found that when smoking occurs in these settings, people could be exposed to levels of secondhand smoke that is comparable to indoor concentrations where smoking is permitted. In another study~z~, where measurements were conducted when active smoking was taking place at outdoor patios, sidewa/ks and parks, similar results were observed. One of the researchers stated that this type of outdoor tobacco exposure should not be dismissed as trivial. Measuring Secondhand Smoke A common measure of air quality in detecting secondhand smoke pollution is particu/ate matter (PM). PM 2.5 is air particles that have a diameter of smaller than 2.5 microns. Particulates of this size are easily inhaled deep into the lungs. The U.S. Environmental Protection Agency (EPA) has set air quality index levels and corresponding health advisory descriptors, based upon PM 2.5 measurements. PM 2.5 AQI Break Points microns/cubic meter Air Quality Index A I Health Advisory Descri for 0.0 - 15.4 0-50 15.5 - 40.4 51-100 Moderate 40.5 - 65.4 101-150 Unhealth for Sensitive Grou s 65.5 - 150.4 151-200 Unhealth for Eve one 150.5 - 250.4 201-300 Ve Unhealth 250.5 - 350.4 301-400 Hazardous 350.5 - 500.4 401-500 ~~~~~' ~,.~~: H~~ardc~~____ " ~~~~ ~ `"~` A Canadian study~3~ measured secondhand smoke levels on outdoor hospita/ity patios (restaurants/bars). Measurements were taken at three different locations, with some variation in dimensions and structure. The most significant difference was the number of smoking customers. The location with the greatest number of smokers resulted in average PM 2.5 levels of 102 (unhealthy for sensitive groups) and eak levels of 660 (very hazardous+). A study conducted at one of the University of Maryland campuses~4~ measured the distance from the source of secondhand smoke in which PM 2.5 can be detected. Previous studies found that odor detection can occur at 1 micron/cubic meter and irritation begins at 4 microns/cubic meter. In this study, odor was detectable at 7 meters (23 feet) from the source and irritation levels began at 4 meters (13 feet). The study also found that anyone positioned downwind from an outdoor source of secondhand smoke is going to be exposed to secondhand smoke, even at significant distances from the source. People who are positioned upwind should be at least 25 feet from any outdoor source, in order to minimize the risk of breathing the unhealthy chemicals found in secondhand smoke. Conclusions These studies should begin to dispel the common misperception that outdoor secondhand smoke immediately dissipates into the air and, therefore does not pose a health risk. The dangerous composition of chemicals in smoke is essentially the same -indoors or outdoors. If a person smells secondhand smoke in any setting, they are breathing it into their lungs. The risk of secondhand smoke exposure outdoors appears to be related to both dosage and proximity to the source: a person in close proximity to the source of the secondhand smoke or a person in an area with a high concentration of secondhand smoke would be most likely to be at risk in outdoor settings. Action Steps We are beginning to see more policies established to protect exposure in outdoor settings, as has occurred previously at beginning to be placed on smoking in such places as: ^ Parks ^ Trails ^ Playgrounds ^ Beaches ^ Zoos ^ Patios ^ Building Entrances ^ Ball Fields ^ Skate Parks ^ Bus Stops ^ Street Dances ^ Festivals people from secondhand smoke indoor settings. Restrictions are ^ Amusement Parks ^ Fair Grounds ^ Water Parks ^ Stadiums ^ Rodeo Arenas ^ Picnic Shelters By eliminating smoking at these types of outdoor settings, people are receiving protection from the health consequences of secondhand smoke exposure, just as they have come to expect to receive this type of protection indoors. References (1) CARB. (2003). "Technical Support Document for the Proposed Identification of Environmental Tobacco Smoke as a Toxic Air Contaminant: Part A,"Technical Report. California Environmental Protection Agency, California Air Resources Board, Office of Environmental Health Hazard Assessment, Chapter 5, pp. V6-V19. (2) Klepeis NE, Ott WR, Switzer P. (May 2007). "Real-Time Measurements of Outdoor Tobacco Smoke Particles." Journal of Air & Waste Management Association. Vol. 57. (3) Kennedy RD, Sendzik T., Elton-Marshall T., Hammond D., Fong G. (2006). "Tobacco Smoke Pollution in Outdoor Hospitality Settings." University of Waterloo, Canada. Presented at the 13`h World Conference on Tobacco OR Health 2006. (4) Repace, J. (2005). "Measurements of Outdoor Air Pollution from Secondhand Smoke on the UMBC Campus." www.repace.com Sept. 2007 N f~ a Z V V Cr0 O Z_ Y 0 N I- V H N w F- L2 r W_ F-- V Q ~' ~ v ° uco ~ L ra ~ ~ L ~ N C V L ~ C ~ ~ a--~ O ~ ~1-- ~ O ~ Vl ^ ' C ~ ~~ O rv bD .D ~ . _ -p ro > N - ro v v 7 C +' C d 0 - 7 (0 - 7 N Y O Q ~~ ~ ~ ), Y p N _ N U N O fp C ~^ V O Q b A ~ N ~ •v .~ ~ ~ rLO r`a YO •~ ~ ~ ~ ~ .~ L O ~ ~ C T ro ~' C µ- vim- ~ d ro v ~ N •~ O ~ ~ v 4J O Q. ~ ~ ~ L ~ v ~ ..C ~ Vl ~ +~ ~ ~ L Vl ~ ~' o -n s ~ o v ' ~ 4° o s ~ L a ~ 'D L ~ L ++ p 3 , ~ L Vl ~ ~ v ° - ~ o L L ~ O ~ T C 0 L b +, O O in v d ~ ~ C Q. 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O ~ C1 r G ~ ~ 1 A ~ a ~ ~-`" i~ .?eta ok4i si':7>' City-Owned Outdoor Recreational Facilities Model Tobacco-Free Policy Section 1: Rationale WHEREAS, the City believes that tobacco use in the proximity of children and adults engaging in or watching outdoor recreational activities at City-owned or operated facilities is detrimental to their health and can be offensive to those using such facilities; and WHEREAS, the City has a unique opportunity to create and sustain an environment that supports anon-tobacco norm through atobacco-free policy, rule enforcement, and adult-peer role modeling on City-owned outdoor recreational facilities; and WHEREAS, the City believes parents, leaders, and officials involved in recreation are role models for youth and can have a positive effect on the lifestyle choices they make; and WHEREAS, the tobacco industry advertises at and sponsors recreational events to foster a connection between tobacco use and recreation; and WHEREAS, cigarettes, once consumed in public spaces, are often discarded on the ground requiring additional maintenance expenses, diminish the beauty of the City's recreational facilities, and pose a risk to toddlers due to ingestion; and WHEREAS, the City Park & Recreation Board determines that the prohibition of tobacco use at the City's recreational facilities serves to protect the health, safety and welfare of the citizens of our City. THEREFORE, be it resolved that tobacco use is prohibited in outdoor recreational facilities. No person shall use any form of tobacco at or on any City-owned or operated outdoor recreational facilities, including the restrooms, spectator and concession areas. These facilities include [insert specific facilities here, e.g. playgrounds, athletic fields, beaches, aquatic areas, parks, and walking/hiking trails]. Section 2: Enforcement 1. Appropriate signs shall be posted in the above specified areas. 2. The community, especially facility users and staff, Nrill be notified about this policy. 3. Staff will make periodic observations of recreational facilities to monitor for compliance. 4. Any person found violating this policy may be subject to immediate ejection from the recreation facility for the remainder of the event. Section 3: Effective Date This policy statement is effective immediately upon the date of adoption, which is , 20 Appropriate City Official Date Community Tobacco Survey Summary of surveys completed in 3 venues (N:493 surveys): Hawks 5/7/10 (N:161), Speedway 7/10/10 (N:265) ,Movie Night 8/6/10 (N:67) Tobacco use should be prohibited in the following places: Parks - 69% agree or strongly agree (Smokers Only: 49 surveyed = 34%) Playgrounds - 89% agree or strongly agree (Smokers Only: 49 surveyed = 84%) Outdoor sports facilities- 69% agree or strongly agree Skateboard/bike parks 79% agree or strongly agree Hiking/biking trails - 70% agree or strongly agree Picnic grounds - 76% agree or strongly agree Frequency of Park visits 50% visit parks once a week 38% visit parks once a month 12% visit parks once a year Where Do You Live 69% lived within community 23% lived within 20 miles of community 3% were 6 -10 years of age 25% were 11 -17 years of age 8% were 18 - 24 years of age 41 % were 25 - 39 years of age 17% were 40 - 50 years of age 6% were 51+ Smoking Status: 10% were smokers Bothered by secondhand smoke in park 52 % had been bothered G:\WORDDOCS\Tobacco\2010-2011 GrantWRRA-Parks\Community Tob Survey\Survey Results Mar -Aug 2010.doc8/13/2010.jg ~c~~vE. ~. ~.~~. July 19,2010 ct~cv°~`~~" Parks & Recrc~i~o, . Dear Meridian Parks and Recreation Commission: The Mayor's Anti-Drug Coalition supports tobacco-free environments for our community. Each year in Idaho, more than 1,200 young people under the age of 18 become new daily smokers. Alcohol and tobacco may act as gateway agents, individually or together, to further drug use.{ 1) Supporting tobacco-free parks and recreation areas makes sense as it sends the right message --that tobacco use is unhealthy and an unnecessary behavior. Children who see adults using tobacco in afamily-friendly place like a park may think smoking is acceptable and are more likely to mimic the behavior. Tobacco-free policies encourage young people to make healthy choices. The more tobacco-free environments a community provides, the fewer opportunities for youth to start smoking. Secondhand smoke near children, youth and adults participating in or watching recreational activities is unhealthy and harmful to the health of others. Secondhand smoke levels in outdoor public places can reach levels as high as those found in indoor facilities where smoking is permitted. Tobacco use not only exposes park visitors to the harmful effects of secondhand smoke, but it is also a nuisance and safety concern. The litter caused by tobacco use diminishes the beauty of the city's park areas and can be accidentally ingested by young children or pets. Our city parks should be places where we can go to improve our health and fitness or just relax in a healthful environment. The Mayor's Anti-Drug Coalition encourages you to prohibit tobacco use in the playground areas within Meridian City Parks and would not discourage the City of Meridian from considering an even stronger, more inclusive policy to prohibit park-wide tobacco use. Thank you, Fred Kesler Chair, Mayor's Anti-Drug Coalition (1) Scheier LM, Botvin GJ, Griffin KW. Preventive intervention effects on developmental progression in drug use: structural equation modeling analyses using longitudinal data. Prev 5ci 200];2(2):91-112. Meridian City Council Meeting DATE: August 17, 201o ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Department Report -Planning Department Department Report: Planning Department -Request by Keith Borup for Waiver of Fees for an Annexation Application MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~~ August 12, 2010 To: Meridian City Council We are requesting a waiver of the fees for the annexation and rezoning of Parcel Number 87039000605. This parcel is part of property that was purchased in 1998. At that time we assumed that it was already annexed along with the adjoining property that was purchased, as we have paid taxes to the City of Meridian on this parcel and have done so every year since. 1 have been told the property was annexed in 1983, but it appears that this parcel was overlooked at that time. This application is an attempt to correct the mistake made in 1983. Thank you for your consideration. Keith S. Borup Meridian City Council Meeting DATE: August 17, 2010 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Department Report -Public Works Department Report: Public Works -Well #27 Project Close Out MEETING NOTES ~t-o~ req~eS-lam ~ -~abl~C. ~~m ~~~1 -4~vs~ a~l.av~v jo~,(ad ~ J~a/~o CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~i~E IDIAN~ Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Brent A. Blake Engineering Technician II DATE: July 19, 2010 MayorTammy de Weerd City Council Members: Keith Bird Brad Hoagiun Charles Rountree David Zaremba SUBJECT: WELL #27 PROJECT CLOSE OUT ~~~("\TTC\m~-~ nntnn~nn~~~TFl`TTRFP(1RTC) TQCbICI.~I l~Yl~-~, ~~al,~/((;~ DEPARTMENT CONTACT PERSONS Brent A. Blake, Engineering Technician II (Project Manager) 489-1340 Kyle Radek, Asst. City Engineer 489-1343. Warren Stewart, Engineering Manager 489-1350 Tom Barry, Public Works Director 489-1372 II. DESCRIPTION A. Back rg_ ound Construction of Well #27 Pump House was budgeted for fiscal years 2009 and 2010 in accordance with the City's Water Master Plan Update of 2006 prepared by CH2MHILL. This project provides another needed drinking water source for the City of Meridian residents. Construction of the pumping facilities involved 'installing a new pump and associated piping, a new building, and surrounding landscape. Page 1 of 3 III. IMPACT A. Strate ig c Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery Impact: The addition of a new well (to provide water supply in this area} was indentif ed as a priority in our 2006 Water Master Plan update produced by CH2M HILL. The expectation in 2006 was that three additional wells would be needed by 2010 in order to meet the anticipated demand. We experienced an economic downfall in 2007 and responded by delaying this project. However, the requirement to shut down Well #10 in 2008 brought (due to exceeding the Maximum Contaminant Level for uranium} about the need to move forward with well #27. Therefore, the Well #27 Pump House Project was designed and ultimately constructed in order to provide Meridian residents with an adequate water supply. C. Project Costs: Original Original Bud et (Design, Construction, Ins ection) Original Agreements (Desi n, Construction, Ins ection) 379,819.96 Difference - 32,380.04 Chan a Oraers No. Brief Description Cost ($) 1 Desi nand Consultin Fees Ori final TO in 2004 23,868.41 2 Construction Idaho Power Conduit Installation 1559.75 Change Order Total +25,428.16 Miscellaneous No. Brief Description Cast ($) 1 Idaho Power Connection 5,464.00 2 3 Miscellaneous Total +5,464.00 Total Project Cost ~~ _ "'~1~.13 Page 2 of 3 D. Construction Completion Date Analysis: Original Substantial Difference in Contract Completion Days Completion Date Date 9/30!2009 11!20/2010 +51 The above data shows that substantial completion was attained November 20, 2010. However, the Contractor and City both had contributing factors that delayed the final acceptance date. The Contractor failed to complete the landscaping portion of the project before the onset of winter, and the City encountered SCADA communication problems which required the construction of a taller tower at the Water Department. The completion of both the landscaping and the communication tower were required and completed before the City issued a final acceptance letter to the Contractor. Approved for Council Agenda: ~' 2 0 ~ arren Stewart, Engineering Manager D e Page 3 of 3 Meridian City Council Meeting DATE: August 17, 2010 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Continued Public Hearing from July 6, 2010: AZ 08-005 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Annexation and Zoning of 73.10 Acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 Acres), L-O (Limited Office) (3.22 Acres) and C-C (Community Business) (30.72) and C-G (General Retail and Service Commercial) (33.47 Acres) Zoning Districts MEETING NOTES ~ppl~co.~n~ regve.S~ -~-~ Conk-~~~~ ~ ~r ~"~ ~ v8~ 110, o~2u1\ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (V\ ~ l]~J t f / ' Meridian City Council Meeting DATE: August 17, 201o ITEM NUMBER: 9B PROJECT NUMBER: VAR 08-008 ITEM TITLE: Continued Public Hearing from July 6, 2010: VAR 08-008 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Variance to UDC 1 1-3H-4 Which Prohibits New Approaches From Directly Accessing a State Highway to Allow 2 Right-In / Right-Out Access Points (Approximately 660 Feet From the North and South Intersections) and 1 Right-In /Right-Out, Left-In Access Point at the 1 /4 Mile to State Highway 69 /Meridian Road MEETING NOTES t~ c c~h ~ req ~ e S-~S -b ~oin+tn ~ °~ , f-~ ~4-u9 v S~ ~ cn , ao ~ ~ ~~ (~eq ~ es~ L.e.-H-eX c.~ ~f h 1-~c.~ q ,a~ ~ ~ r~ ~ z- - o Fs ~oo~" .~,~e ~ ~ ~ ~ ~ t~ ~~~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~'^tg g ~g ~ ig -~~t~~, Meridian City Council Meeting DATE• August 17, 2010 ITEM NUMBER: 10A~ PROJECT NUMBER: ITEM TITLE: Ordinance 10-1452 Continued from August 10, 2010: Ordinance No. 10-1452: 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. MEETING NOTES ~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~1`'1 ~ -[ `~ E` -na c ~(~ -b 1= ro~r~ ~ -~o be b~~ ~ a CITY OF MERIDIAN ORDINANCE NO. l o - l y J ~,. 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. o o ~~ ~ ~~ ~n r~ Q ~~ ~~ -, 0 o~ m .~ -~ o W r- O D O 8~~W ~o4uO,a ~ O v I ~' Z 6~W V ~C p C 6~.7 W~~ l0 COWW as ~moa~~ SOLID WASTE ADVISORY COMMISSION ORDINANCE PAGE lof 4 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 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 three (3), but no more than five (5), Meridian citizens; one member of the Meridian City Council who shall serve as a liaison and ex officio member of the Commission without voting rights; and one member who represents the solid waste franchisee who shall serve as a liaison and ex officio member of the Commission without voting rights. One position maybe designated to represent youth, which Commission member maybe, at the time of appointment, under eighteen (18) years of age. C. Terms: Initial appointments to seats on the Commission shall be made as follows: two 1-year terms; two 2-year terms; remaining seats shall be 3-year terms. All additional and subsequent appointments shall be made for 3-year terms. The youth member shall be appointed to a term of up to 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: SOLID WASTE ADVISORY COMMISSION ORDINANCE PAGE 3of 4 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 maybe necessary. The Commission may request assistance from the City Clerk. 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, at least quarterly. 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 maybe scheduled 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 23 day of Q~.~.~,~,~ , 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 eerd, Mayor `~` OF MERi ATTEST: .~°~`~~~ ~j'9~i ~~ F~ ~, _ AL M ayc L. Iiolman, City~Cle Cb, ,~c~ O ~: %~'9p UsT ts~ , •T ~,. OP .~`~ q ~0 SOLID WASTE ADVISORY COMMISSf~S~ ~~D`INANCE PAGE 4of 4 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 10- r~5 a 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. 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. A full text of this ordinance is availab~~~~~~ection at City Hall, City of Meridian, 33 x „ ~-~,. East Broadway Street, Mendi Two ~ °'1~'llus o°Qrdinance shall become effective upon p sage and publication. ,~~~.~" ,~~'~°"" f ~ .ti ~.,t. ~~ ,, P r~ r~c?y ~,- ~. ~ ~, i o ridi ~,,-~ ~~ o ~. Ma d City Council a ~ r s r.~. ~ ~ ~ 1 By: Jaycee L. Holman, City ~,`~~~oQ~~~ ~~d I'J T Y , \0 First Reading: - ~`7 - a.U ~ 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- ~ ~ 5 ~ 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. N City Attorney SUMMARY FOR SOLID WASTE ADVISORY COMMISSION ORDINANCE- PAGE 1 OF 1 Meridian City Council Meeting DATE: August 17, 2010 ITEM NUMBER: 10B PROJECT NUMBER: ITEM TITLE: Ordinance -Outdoor Sale ~ Temp Uses Ordinance No. lu- Iy53 :Repealing and Replacing Title 3, Chapter 4, of the Meridian City Code, Regarding Outdoor Sales and Temporary Uses, Including Mobile Sales Units, Temporary Uses and Citizen's Use Permits MEETING NOTES '~Vl""' CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~ ` 1 °t ~ ' I a ~' ~ ~a~ ~ ~e d -Iz~ ~rahk- -- W X11 ~ P~b~~s-~ed gf 23 ~''~ vta ~~ ~t~ _ ~ -CITY OF MERIDIAN ORDINANCE NO. ~ ~ ~~J .3 ~~ ~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA ~~ ~~ =~ AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING AND REPLACING 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; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING 4 AN EFFECTIVE DATE. m e o r ~ WHEREAS, by the adoption of Ordinance nos. 08-1354, 08-1371, 08-1356, and 09-1430, r m ~ the City Council of the City of Meridian has instituted a procedure by which outdoor sales and O~d W o ~ ~ ~, temporary uses occurring in the City of Meridian are required to meet minimum standards for the a ~ •°• ~ purpose of protecting the health, safety, and welfare of Meridian residents and other participants in W S o ~ such outdoor sales and temporary uses; wd~•~ mo~~ 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 and to avoid regulation of insurance producers pursuant to an opinion of the Idaho Attorney General's Office that such regulation is preempted by Idaho Code section 41-405(2); (2) To clarify that, in keeping with Gibson v. Ada County Sheriff's 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 (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: AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 1 OF 36 Section 1. That Title 3, Chapter 4 of the Meridian City Code is hereby 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, offeror 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, 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 vn 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 AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDQIANCE PAGE 2 OF 36 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. 5. This definition shall not include an "insurance producer," as such term is defined by Idaho Code, where such person holds a current, valid State of Idaho license for such activity. 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, crags, and/or hobby markets. This definition shall not include FIRST AMENDMENT ACTIVITY on public or private property. G. PERMANENT PROPRIETOR: The owner or occupant of real property at which such owner or occupant conducts an approved conditional or principal permitted use as such uses are defined in the Meridian Unified Development Code. H. PROMOTIONAL SALES UNIT: An outdoor or open-air commercial or retail facility from or at which goods and/or services are sold, traded, offered for sale or trade, or displayed for the purpose of sale, trade, or giveaway; and which: 1. Remains within any 300-square-foot area for more than two consecutive hours within any twenty-four hour period; and 2. Is located on the premises of, or physically attached to, a permanent proprietor; and is operationally related or identical to such permanent proprietor. A PROMOTIONAL SALES UNIT may consist of any tangible structure, including, but not limited to, a stall, booth, tent, platform, box, table, rack, palate, trailer, cart, vehicle, container, or other form of offering, displaying, or storing goods and/or services. I. PROPERTY: Any tract of contiguous land held in single ownership. J. SERVICES: Work or labor that is offered, sold, or undertaken in exchange for money, goods, or services or that is offered or undertaken free of charge. This definition shall also include work or labor that is to be offered, sold, or undertaken at another time or location, or that serves AUGUST 17, 2010 UPDATE OUTDOUR SALES AND TEMPORARY USES ORDINANCE PAGE 3 OF 36 as a sample or demonstration of work or labor to be offered, sold, or undertaken at another time or location. K. SPECIAL EVENT: 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 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 AUGUST 17, 2O 1 O UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 4 OF 36 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: l . 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. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 5 OF 36 3-4-2: MOBILE SALES UNITS: A. License and/or permit requirements. It shall be unlawful for any person to operate, allow the operation of, or act as a MOBILE SALES UNIT without each and all of the following licenses, permits, 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 maybe made in the State of Idaho. (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. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 6 OF 36 (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. (6) Proof of motor vehicle insurance, if the applicant seeks to operate a motor vehicle while operating or acting as a MOBILE SALES UNIT. (7) 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: (1) The application is incomplete or required application materials or fees have not been submitted; (2) Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; (3) The applicant has been convicted of (a) A violation of any provision of Title 4, Chapter 3, Section 2, Meridian City Code within the five (5) years preceding the date of submission of the application. AUGUST 17, 201 O UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 7 OF 36 (b) Reckless driving, eluding a police officer, racing, and/or failure to carry insurance within the five (5) years preceding the date of submission of the application, except that such conviction shall not be grounds for denial where the applicant does not seek to operate a motor vehicle while operating or acting as a MOBILE SALES UNIT. (c) A misdemeanor charge of driving under the influence of alcohol or drugs within the five (5) years preceding the date of submission of the application, or a felony charge of driving under the influence of alcohol or drugs within the ten (10) years preceding the date of submission of the application, except that such conviction shall not be grounds for denial where the applicant does not seek to operate a motor vehicle while operating or acting as a MOBILE SALES UNIT. (d) Any misdemeanor charge involving theft or fraud within the five (5) years preceding the date of submission of the application, or any felony charge of theft or fraud within the fifteen (15) years preceding the date of submission of the application. (e) A misdemeanor charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order within the five (5) years preceding the date of submission of the application, or a felony charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order within the ten (10) years preceding the date of submission of the application. (f) Any crime involving, or related to, firearms or other weapons. (g) Any crime involving, or related to, a child or children, elderly persons, and/or other vulnerable persons. (h) Any crime involving, or related to, prostitution, indecent exposure, obscene conduct, or other sexual conduct or activity. (i) Any crime involving, or related to, drugs or illicit substances. (4) The applicant is or at any time has been required by any law or legal order to register as a sex offender. e. Appeal of the City Clerk's issuance or denial of an application for a Mobile Sales Unit License may be made by any person. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person 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 decision. 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 maybe sold, traded, given away, offered, displayed, and/or delivered under such license; AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 8 OF 36 (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 UNrr that is invited to the premises or place at which goods and/or services are sold, traded, given away, offered, displayed, or delivered, where such invitation is extended by the occupant or owner of such premises or place. Such invitation maybe extended explicitly by such occupant or owner, or maybe 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 maybe revoked by such occupant or owner by explicit communication only, and shall be effective immediately, whether conveyed orally or in writing. (3) Any sale, trade, gift, offer, or display required by court order or by law. (4) The occasional sale by local school students of admission to a function of their school or of goods or services in support of a school program. 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. (4) The licensee is convicted of: a. Reckless driving, eluding a police officer, racing, and/or driving under the influence of alcohol, except that such conviction shall not be grounds for revocation where the applicant is not approved to operate a motor vehicle while operating or acting as a MOBILE SALES UNIT. b. Any charge involving theft or fraud. c. Battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order. d. Any crime involving, or related to, firearms or other weapons. e. Any crime involving, or related to, a child or children, elderly persons, and/or other vulnerable persons. AUGUST 17, 2OlO UPDATE OUTDOUR SALES AND TEMPORARY USES C+RDINANCE PAGE 9 OF 36 f. Any crime involving, or related to, prostitution, indecent exposure, obscene conduct, or other sexual conduct or activity. g. Any crime involving, or related to, drugs or illicit substances. (5) 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 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 Mos11.E 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 UNTI' 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. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 10 OF 36 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. 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 maybe 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. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 11 OF 36 3-4-3: TEMPORARY USES: A. License and/or permit requirements. It shall be unlawful for any person to establish, operate, allow the operation or establishment of, or act as 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. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 12 OF 36 (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, (j) 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 andlor schedule(s) of the hours, locations, and means at and by which activities, sales, trades, giveaways, offers, and/or displays will occur under the Temporary Use Permit. (10) Written permission of owners of all property or properties upon, through, or across which such TEMPORARY UsE shall operate and/or occur. (11) A description of the plan for the management andlor 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 AUGUST I ~, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 13 of 36 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. Where applicant is or represents a governmental entity; or a Where applicant is seeking a temporary use permit for a temporary sales unit for the purpose of conducting fundraising activities for a school or youth organization. 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 maybe conducted in accordance with all applicable provisions of law, including, but not limited to, this chapter; and (3) Whether a violation of the Meridian Unified Development Code or of this chapter is occurring upon the property upon which such proposed TEMPORARY UsE will occur. c. Upon issuance of the findings, the City Clerk or designee shall either issue a City of Meridian Temporary Use Permit to the applicant or deny the application. Where an application for a City of Meridian Temporary Use Permit is denied, the City Clerk or designee shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this section. Written notice of the denial shall be sent via U.S. mail or personally delivered to the applicant at the address set forth on the application. d. The City Clerk shall deny an application for a Temporary Use Permit where: (1) The application is incomplete or required application materials or fees have not been submitted; AUGUST I ~, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 14 OF 36 (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. (5) The applicant has been convicted of a violation of any provision of Title 4, Chapter 3, Section 3, Meridian City Code within the five (5) years preceding the date of submission of the application. e. The City Clerk or designee shall issue or deny Temporary Use Permit within twenty-one (21) calendar days of receipt of a complete application for such permit. f. Appeal of the City Clerk's issuance or denial of an application for a Temporary Use Permit maybe made by the applicant within fourteen (14) days of such issuance or denial. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision. 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 maybe 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 maybe installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to the permitted TEMPORARY USE; and (6) Any and all other conditions of operation 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. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 15 OF 36 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. 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 TEMroRAxY USES. The following regulations on the time, place, and manner of TENrnORARY 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 TE1v1PORARY 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. 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. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 16 OF 36 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 or other permitted temporary uses on the site, except where street closure is approved pursuant to avalidly-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: (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 penmitted use by a certificate of zoning compliance validly issued by the City of Meridian. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 17 OF 36 (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 publicrights-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 asix-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. 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 11r[eridian 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. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 18 OF 36 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. 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 SUBDMSION REAL ESTATE SALES OFFICE, such structure shall be subject t0 the standards for a SUBDNISION 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 AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 19 OF 36 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 SUBDNISION MODEL HOME shall be as an exhibit or example of lots and/or dwellings within the subdivision or planned unit development in which the SUBDMSION 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 maybe operated only until there are no newly constructed lots or dwellings for sale or rent within the subdivision in which the SUBDNISION MODEL HOME is located. It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME where no lots or newly-constructed dwellings are for sale or rent within the subdivision in which the SUBDIVISION MODEL HOME is located. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a SUBDIVISION MODEL HOME. (1) No more than one (l) 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 SUBDNISION MODEL HOME. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than one (1) TEMPORARY SIGN per one (1) SUBDIVISION MODEL HOME identifying, promoting, advertising, or directing patrons to such SUBDNISION MODEL HOME. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SUBDNISION MODEL HOME shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the 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 AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 20 OF 36 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 SUBDNISION 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 SUBDNISION MODEL HOME. b. The operation of a SUBDIVISION REAL ESTATE SALES OFFICE without the following valid and current licenses, permits, and/or certifications shall be unlawful: (1) A City 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 SUBDNISION REAL ESTATE SALES OFFICE. It shall be unlawful to operate or cause the operation of a SUBDIVISION REAL ESTATE SALES OFFICE at upon a lot or lots which is/are not within the subdivision containing the lots and/or dwellings being sold from such SUBDNISION REAL ESTATE SALES OFFICE. d. The principal use of the SUBDNISION REAL ESTATE SALES OFFICE shall be the sale of lots and/or dwellings within the subdivision or planned unit development in which the SUBDNISION REAL ESTATE SALES OFFICE is located. It shall be unlawful for any person to use or allow the use of a SUBDNISION REAL ESTATE SALES OFFICE as a financial institution of any sort, including as an appraisal, loan, or closing office. e. A 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 SUBDNISION REAL ESTATE SALES OFFICE is located. It shall be unlawful to operate or cause the operation of a SUBDNISION REAL ESTATE SALES OFFICE where no lots or newly constructed dwellings are for sale or rent unless such 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 artd 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 AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 21 OF 36 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. (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 TE1V~PORARY 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. AUGUST 17, 201 O UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 22 OF 36 b. It shall be unlawful to operate or cause the operation of a PROMOTIONAL SALES UNIT in a residential district. c. Only a PROMOTIONAL SALES UNIT directly associated with the principally permitted use on the site on which it is located shall be allowed; for example, a sidewalk sale or tent sales associated with an existing retail establishment shall be allowed. It shall be unlawful to operate a PROMOTIONAL SALES UNIT at any place or in any manner that is not directly associated with the principally permitted use on the site on which such PROMOTIONAL SALES UNIT is located. d. Sales by a PROMOTIONAL SALES UNIT shall be limited to a period of time not to exceed one hundred and sixty (160) days per calendar year. e. A PROMOTIONAL SALES UNIT and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County Highway District or other transportation authority. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a PROMOTIONAL SALES UNIT. (1) No more than two (2) TEMPORARY SIGNS per one (1) PROMOTIONAL SALES UNIT shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such PROMOTIONAL SALES UNIT. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) TEMPORARY SIGNS per one (1) PROMOTIONAL SALES UNIT identifying, promoting, advertising, or directing patrons to such PROMOTIONAL SALES UNIT. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT shall not exceed thirty-two (32) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT where the area of such TEMPORARY SIGN exceeds thirty-two (32) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES 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. AUGUST 17, 201 O UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 23 of 36 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. 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 AUGUST 17, 201 O UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 24 OF 36 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. (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 UNrT to be more than seven hundred (700) square feet. It shall be unlawful to utilize any structure in the AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 25 OF 36 operation of a TEMPORARY SALES UNIT without any and a111icenses, permits, and/or certifications required by Title 10 of the Meridian City Code. e. A TEMPORARY SALES UNrI' and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County Highway District or other transportation authority. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a TEMPORARY SALES UNIT. (1) No more than two (2) TEMPORARY SIGNS per one (1) TEMPORARY SALES UNIT shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such TEMPORARY SALES UNrr. 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 UNTI'. (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 UNrr shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNTI' 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. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 26 OF 36 (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 $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $500,000.00 per occurrence property damage. b. No provision of this section shall preclude the application of any and all other licensing and/or other applicable provisions of local, state, or federal law to any SPECIAL EvENT~ ORGANIZER, nor exempt any vendor or participant in a SPECIAL EVENT from compliance with any and all other licensing or other applicable provisions of local, state, or federal law, except that where a SPECIAL EVENT includes vendors or participants that would otherwise require City of Meridian licenses or permits to operate as MOBILE SALES UNITS or TEMPORARY SALES UNITS, such vendors and/or participants shall be exempt from such requirement, provided that this exemption shall apply only to vendors and/or participants represented on the site plan(s) or map(s) submitted by the ORGANIZER; and further provided that such exemption shall apply only for the time, at the place, and in the manner specified for such SPECIAL EVENT in a validly issued City of Meridian Temporary Use Permit. c. SPECIAL EvENTS shall be allowed for a period not to exceed fourteen (14) days within any ninety (90) day period. d. It shall be unlawful for any person to conduct, allow, or organize a SPECIAL EVENT in a residential district, except that: (1) Neighborhood events or block parties shall be permitted in residential districts without a Temporary Use Permit, although a City of Meridian Citizen's Use Permit maybe required. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 27 OF 36 (2) SPECIAL EVENTS involving a route, such as races, parades, or marches maybe permitted in residential districts, so long as such SPECIAL EVENTS both start and end in nonresidential districts. e. The following provisions shall apply to any and all TEMPORARY SIGNS related to a SPECIAL EVENT. (1) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN or TEMPORARY 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. (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 MAxKETS: 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. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 28 OF 36 (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. 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. d. No provision of this section shall preclude the application of any and all other licensing and/or other applicable provisions of local, state, or federal law to any OUTDOOR MARKET ORGANIZER, nor exempt any vendor or participant in an OUTDOOR MARKET from compliance with any and all other licensing or other applicable provisions of local, state, or federal law, except that where an OUTDOOR MARKET includes vendors or participants that would otherwise require City of Meridian licenses or permits to operate as MOBILE SALES UNITS or TEMPORARY SALES UNITS, such vendors and/or participants shall be exempt from such requirement, provided that this exemption shall apply only to vendors and/or participants represented on the site plan(s) or map(s) submitted by the ORGANIZER; and further provided that such exemption shall apply only for the time, at the place, and in the manner specified for such OUTDOOR MARKET in a validly issued City of Meridian Temporary Use Permit. 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 Wlth an area not t0 exceed thirty-two (32) square feet shall be installed, erected, posted, or displayed for AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 29 OF 36 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: (1) At which four (4) or more garage sales have been conducted by any person within the preceding three hundred sixty-five (365) days. (2) At which a garage sale has been conducted by any person within the previous thirty (30) days. (3) For longer than three (3) consecutive days. (4) Between the hours of 10:00 p.m. and 6:00 a.m. b. Persons conducting GARAGE sALES shall comply with all provisions and standards of this chapter and any and all applicable provisions of law, except that a City of Meridian Temporary Use Permit shall not be required, and the provisions of Meridian City Code sections 3-4-3(B)(1-6) shall not apply. 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. AUGUST 17, 201 O UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 30 OF 36 e. It shall be unlawful for any person to conduct a garage sale in any manner which creates a hazard to public health or safety. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a GARAGE SALE. (1) NO more than fOUr (4) TEMPORARY SIGNS per one (1) GARAGE SALE Shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such GARAGE SALE. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than four (4) TEMPORARY SIGNS per one (1) GARAGE SALE identifying, promoting, advertising, or directing patrons to such GARAGE SALE. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a GARAGE SALE shall not exceed six (6) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, 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 maybe 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. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 31 OF 36 3-4-4: CITIZEN'S USE PERMIT A. In addition to other applicable provisions of this Title or of other laws, City of Meridian Citizen's Use Permit shall be required prior to the operation or execution of a planned or foreseeable commercial, recreational, or expressive activity, event, or gathering of persons which: 1. Changes, attempts to change, or has a tendency to change the normal flow or regulation of pedestrian or vehicular traffic upon or in the streets, or sidewalks; or 2. Takes place, whether entirely or partially on a street or sidewalk located within the City and will likely result in some or total obstruction of such streets or sidewalks; or 3. Requires for its successful execution the provision and coordination of City services to a degree over and above that which the City normally provides. 4. A City of Meridian Citizen's Use Permit shall not be required for funeral processions. 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, canveyance, 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. AUGUST 1 ~, 2010 UPDATE PAGE 32 OF 36 OUTDOOR SALES AND TEMPORARY USES ORDINANCE 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. Anon-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 attorney fees that maybe 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. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 33 OF 36 G. All application materials for a City of Meridian Citizen's Use Permit must be received by the City Clerk at least twenty-one (21) calendar days prior to the proposed activity or event. The City Clerk shall issue or deny a City of Meridian Citizen's Use Permit within fourteen (14) days of receipt of a complete application for such license. H. Appeal of the City Clerk's issuance or denial of an application of a City of Meridian Citizen's Use Permit may be made by any person. Such appeal shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such appeal. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at the next regularly scheduled City Council meeting. Following a public hearing on the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue written findings supporting such decision. "The City Council's decision on such appeal shall be a final decision. 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 decision. AUGUST 1 ~, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 34 of 36 L. Penalty. A violation of this chapter shall be an infraction punishable by a penalty of one hundred dollars ($100). In addition to such penalty, any person violating, allowing, or causing any provision of this Chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter continues or occurs maybe 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 August, 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this ~~~ day of August, 2010. APPROVED: ~~'~~~f Tammy eerd \\\``~~,,,,, ~ ~ ~A',,~` ts'3'~9,r ATTEST: ```,~~.~~1 ~ O~,g~.,,~~' ~TF ' o ' ycee olman ' SEAL City Clerk ~ ~ '90 7''S,~ , ~ `` Gs '`~ ? ///~~''~ AUNTY . ~~P` ~~`• AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 35 of 36 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 10- 'I 4 53 PROVIDING FOR AN AMENDMENT OF THE MERIDIAN CITY OUTDOOR SALES AND TEMPORARY USES ORDINANCE An ordinance of the City of Meridian repealing and replacing Title 3, Chapter 4, of the Meridian City Code, relating to outdoor sales and temporary uses: mobile sales units; temporary uses; and citizen's use permits; providing for a savings clause; and providing an effective date. The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effec~tiue u~on its passage and publication. \; ~,.~ OF ~~ ., ,,, ~ -9,~; ' -, ~ ~~~TFO ity of ian _ ` Mayor and City Council _ S~~L By: Jaycee Holman, City Clerk y $~ '~ ~J First Reading: ~ ' I ~ " I t~ ~%'9p GSr ~s~ ~ Q, .~~~ • •q ' 1 ~uant to Adopted after first reading by sus ension of the I~~~~~~II~~`,\ ~ Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 10- y 5 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- (~-K3 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. 1. . William. L.M. Nary City Attorney AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 36 of 36