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HomeMy WebLinkAbout2010-10-26I CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, October 26, 2010 at 5:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll -call Attendance: O David Zaremba X Brad Hoaglun X_ Charlie Rountree X_ Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda 3. Executive Session per Idaho State Code 67-2345(1)(f) — To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 5:03 p.m. Out of Executive Session at 7:05 p.m. Meeting Adjourned at 7:05 p.m. Meridian City Council Pre -Council Meeting Agenda — Tuesday October 26, 2010 Page 1 of 1 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. flENIZDAN*--, AHO CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, October 26, 2010 at 5:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll -call Attendance: David Zaremba x Brad Hoaglun X Charlie Rountree V Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda 3. Executive Session per Idaho State Code 67-2345(1)(f) — To Consider and Advise Its Legal Representatives in Pending Litigation (n e, 'S 0 --�) 0u-- & koc,( (Uh fACk)oUr\ 0 © {pry —7 " 0 � Meridian City Council Pre -Council Meeting Agenda — Tuesday October 26, 2010 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E IDIAN�-- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 26, 2010 at 7:00 PM Called to Order at 7:05 p.m. 1. Roll -Call Attendance O David Zaremba X Brad Hoaglun X_ Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community, Invocation by Dave Duron of Meridian First Baptist Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of October 5, 2010 City Council Regular Meeting B. Approve Minutes of October 12, 2010 City Council Pre -Council Meeting C. Approve Minutes of October 12, 2010 City Council Workshop Meeting D. Personal Services Agreement for the Meridian Historical Preservation Society with Elysia-Rose Nary for a Not -to - Exceed Amount of $1,000.00 E. Remaining Balance to Task Order 10010 with CH2M Hill (Master Agreement Dated April 13, 2010) for Engineering Design Services of the Ground Reservoir #2 Project for a Not - to -Exceed Amount of $65,613.00 Meridian City Council Meeting Agenda — Tuesday, October 26, 2010 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Blood Draw Agreement Between Ada County Emergency Medical Services and the City of Meridian G. Business Associate Agreement Between Ada County Emergency Medical Services and the City of Meridian H. Findings of Fact, Conclusions of Law: MDA 10-008 Regency at River Valley by Bach Investments, LLC Located at 2500 N. Eagle Road Request: Modify the Site Plan, Landscape Plan, Building Elevations and Certain Provisions Contained in the Development Agreement Approved for the Regency at River Valley Apartment Project I. Order Granting a Third Eighteen Month Time Extension: TE 10- 023 Zebulon Heights Subdivision No. 2 by The Traditions by Amyx II, LLP Located South Side of E. McMillan Road and West of N. Eagle Road Request: Approval for an 18 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat J. Order Granting a Fourth Eighteen Month Time Extension : TE 10-022 Ambercreek No. 2 by Trilogy Development Located Southwest Corner of N. Meridian Road and W. McMillan Road Request: Approval of an 18 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat K. Resolution No. 10-750: A Resolution of the Mayor and City Council of the City of Meridian to Amend the City of Meridian Standard Operating Policy and Procedure Manual Regarding Number 4.10 — Leave Without Pay (LWOP) L. Resolution No. 10-751: Spring Creek VAC 10-006: A Resolution Vacating a portion of the Utilities, Drainage and Irrigation Easement Located in a Portion of Lots 3 and 4 of Strasser Farms Subdivision No. 2, Recorded in Book 70 at Pages 7148 and 7149, Records of Ada County, Situated in Government Lot 1 of Section 1, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho Meridian City Council Meeting Agenda — Tuesday, October 26, 2010 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Community Items/Presentations A. Check Presentation to the Meridian Fire Department Public Education Fund for $9,000.00 From the Light My Fire Organization B. Lakeview Golf Course Improvement Tournament Fundraiser Discussion 7. Items Moved From Consent Agenda 8. Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update B. Mayor's Office: Resolution No. 10-752: A Resolution of the Mayor and City Council of the City of Meridian Reappointing Commissioner Phillip Liddell to Seat 1 and Treg Bernt to Seat 2 of the Parks and Recreation Commission C. Discussion with the Parks Department Regarding a Memorandum of Understanding Between Meridian Academy and the City of Meridian Regarding Tully Skate Park Public Art Project Approved 9. Action Items A. Continued from October 5, 2010: Public Hearing: TE 10-021 Arch Rock Subdivision by CTD Development, LLC Located at 4550 N. Linder Road Request: 18 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat Approved B. Public Hearing: AZ 10-002 for Barletta Subdivision by Russell & Karen Hunemiler Located at 3299 W. Davis Lane Request: Annexation and Zoning Approval of 5.94 Acres with an R-2 Zoning District Continued to November 3, 2010 C. Public Hearing: PP 10-002 for Barletta Subdivision by Russell and Karen Hunemiller Located at 3299 W. Davis Lane Request: Meridian City Council Meeting Agenda — Tuesday, October 26, 2010 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Preliminary Plat Approval of 2 Building Lots and 2 Common / Other Lots on 5.94 Acres Continued to November 3, 2010 D. Public Hearing: RZ 10-002 for Raisin' Angels Subdivision by Capital Hill Holdings, LLC Located at 1125 E. Pine Avenue Request: Rezone Approval of 0.43 of an Acre with a C -N Zoning District Approved in a C -C Zoning District E. Public Hearing: CUP 10-010 for Raisin' Angels Subdivision by Capital Hill Holdings, LLC Located at 1125 E. Pine Avenue Request: Conditional Use Permit Approval for a Daycare Center for up to Sixty (60) Children in a Proposed C -N Zoning District Approved in a C -C Zoning District F. Public Hearing: PFP 10-003 for Raisin' Angels Subdivision by Capital Holdings, LLC. Located at 1125 E. Pine Avenue Request: Combined Preliminary / Final Plat Approval of 2 Building Lots on 0.96 of an Acre Approved G. Public Hearing: ZOA 10-002 for Unified Development Code Text Amendment by City of Meridian Planning Department Request: Unified Development Code (UDC) Text Amendment to Modify and Clean Up Certain Sections of the UDC Approved H. Proposed Amendments to Meridian City Code Title 3 Chapter 4 Pertaining to Outdoor Sales and Temporary Uses 10. Continued Department Reports A. Mayor's Office: City Survey Discussion Meeting Adjourned at 9:33 p.m. Meridian City Council Meeting Agenda — Tuesday, October 26, 2010 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E IDIANn-- IDAHO CIN COUNCIL REGULAR MEETING AGENDA Tuesday, October 26, 2010 at 7:00 PM 1. Roll -Call Attendance David Zaremba Brad Hoaglun Charlie Rountree Keith Bird C Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Dave Duron of Meridian First Baptist Church 4. Adoption of the Agenda 5. Consent Agenda to va gkt.v. A. Approve Minutes of October 5, 2010 City Council Regular Meeting B. Approve Minutes of October 12, 2010 City Council Pre -Council Meeting C. Approve Minutes of October 12, 2010 City Council Workshop Meeting D. Personal Services Agreement for the Meridian Historical Preservation Society with Elysia-Rose Nary for a Not -to - Exceed Amount of $1,000.00 E. Remaining Balance to Task Order 10010 with CH2M Hill (Master Agreement Dated April 13, 2010) for Engineering Design Services of the Ground Reservoir #2 Project for a Not - to -Exceed Amount of $65,613.00 Meridian City Council Meeting Agenda — Tuesday, October 26, 2010 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Blood Draw Agreement Between Ada County Emergency Medical Services and the City of Meridian G. Business Associate Agreement Between Ada County Emergency Medical Services and the City of Meridian H. Findings of Fact, Conclusions of Law: MDA 10-008 Regency at River Valley by Bach Investments, LLC Located at 2500 N. Eagle Road Request: Modify the Site Plan, Landscape Plan, Building Elevations and Certain Provisions Contained in the Development Agreement Approved for the Regency at River Valley Apartment Project I. Order Granting a Third Eighteen Month Time Extension: TE 10- 023 Zebulon Heights Subdivision No. 2 by The Traditions by Amyx II, LLP Located South Side of E. McMillan Road and West of N. Eagle Road Request: Approval for an 18 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat J. Order Granting a Fourth Eighteen Month Time Extension : TE 10-022 Ambercreek No. 2 by Trilogy Development Located Southwest Corner of N. Meridian Road and W. McMillan Road Request: Approval of an 18 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat K. Resolution No. Proposed # 10-750: A Resolution of the Mayor and City Council of the City of Meridian to Amend the City of Meridian Standard Operating Policy and Procedure Manual Regarding Number 4.10 — Leave Without Pay (LWOP) L. Resolution No. Proposed # 10-751: Spring Creek VAC 10-006: A Resolution Vacating a portion of the Utilities, Drainage and Irrigation Easement Located in a Portion of Lots 3 and 4 of Strasser Farms Subdivision No. 2, Recorded in Book 70 at Pages 7148 and 7149, Records of Ada County, Situated in Government Lot 1 of Section 1, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho 6. Community Items/Presentations A. Check Presentation to the Meridian Fire Department Public Education Fund for $9,000.00 From the Light My Fire Organization _ '��,,�,� (r�- - Meridian City Council Meeting Agenda — Tuesday, October 26, 2010 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. B. Lakeview Golf Course Improvement Tournament Fundraiser Discussion --C&rAtvvL� , 4&vtck-� V01,�vf-lk� ASSoC 1r e --z- ,c (�okw�2��7 , Cho.v1t- 7. Items N 0ved From Consent Agenda (_7 FjY-„� b0.L\L d,-\ ,nx.}. wi+ N OYe. R�9 _ -�or ha c� \S SP,nt 8. Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update Caroline Lincoln , u -y l��o.nn �� ✓ B. Mayor's Office: Resolution No. Proposed # 10-752: A Resolution of the Mayor and City Council of the City of Meridian Reappointing Commissioner Phillip Liddell to Seat 1 and Treg Bernt to Seat 2 of the Parks and Recreation Commission �,,,� \P ou n4 --,re c - A \k AyeS A`ppn�v d C. Discussion with the Parks Department Regarding a Memorandum of Understanding Between Meridian Academy and the City of MeridianRegarding Tully Skate Park Public Art Project f A ca� Y \ // °B \ V- d, - eyes 9. Action Items Appyov e -A A. Continued from October 5, 2010: Public Hearing: TE 10-021 Arch Rock Subdivision by CTD Development, LLC Located at 4550 N. Linder Road Request: 18 -Month Time Extension to Obtain the City Engineer's Signature on the Final PI t i� i?p��`e- Cla e'. �ovr�kre� ��j\�rG\ RpP��re R,o• re2�8\�rc� -fit\ ay eS B. Public Hearing: AZ 10-002 for Barletta Subdivision by Russell & Karen Hunemiler Located at 3299 W. Davis Lane Request: Annexation and Zoning Approval of 5.94 Acres with an R-2 Zoning District -8,0 c V. �� q rr�� CoriV f 3)���� C. Pudic Hearing PP 10-002 for Barletta Subdivision by Russell and Karen Hunemiller Located at 3299 W. Davis Lane Request: Preliminary Plat Approval of 2 Building Lots and 2 Common Other Lots on 5.94 Acres C nved 3 laol D. Public Hearing: RZ 10-002 for Raisin' it Subdivision by Capital Hill Holdings, LLC Located at 1125 E. Pine Aver CC Request: Rezone Approval of 0.43 of an Acre with at, D� Zoning District Wa\+ LknAg,ce�-A, JO,ne- SO\,CV-e+ -, \errand �re�.�e.� , E 1 IZA ��+� S chev�S-t--rorv� S�ephc�n � e. ���`0.1 et✓►on P Meridian City Council Meeting Agenda — Tuesday, October 26, 2010 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C\ b5� I��v�,�r2e. f �v c� - \� mNl e S A-Vpr0.re- � Rovn�-cel �rc� -- A\\ LVI 'PLS E. Public Hearing: CUP 10-010 for Raisin' Angels Subdivision by Capital Hill Holdings, LLC Located at 1125 E. Pine Avenue Request: Conditional Use Permit Approval for aycare Center for up to Sixty (60) Children in a Proposed- Zoning CC - District o 1)3\\(-c\ - Wl Ayes F. Public Hearing: PFP 10-003 for Raisin' Angels Subdivision by Capital Holdings, LLC. Located at 1125 E. Pine Avenue Request: Combined Preliminary / Final Plat Approval of 2 Building Lots on 0.96 of an Acr G. Public Hearing: ZOA 10-002 for Unified Development Code Text Amendment by City of Meridian Planning Department Request: Unified Development Code (UDC) Text Amendment to Modify and Clean Up Certain Sections of the UDC tS C1(z 5 CprZc�,�-Vye-e�14oa 1 UY) j�ppyoJE, �ouhA-re� ii-oA9) U,\ H. Propose Amendm nts to Meridian City Code Title 3 Chapter 4 Pertaining to Outdoor Sales and Temporary Uses 0Y -6k n&vicP- 01-\ /3 10. Continued Department Reports A. Mayor's Office: City Survey Discussion 04 �\ son-,10, t\j I f- rvv-`I � �evS JACLI .S �� Tec �\� �riecln„o,rl John 1`-1aV� v f ��r-ev� S�o1o�C)c.�a.7 r �ra�k �L1orl�ASo � CQ�tt�� ��ncoCn W DA A-- U y4 off\ eve � , �;e CKL� H C ka j Meridian City Council Meeting Agenda — Tuesday, October 26, 2010 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting October 26 2010 A Council meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, October 26, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Brad Hoaglun and Keith Bird. Members Absent: President David Zaremba. Others Present: Ted Baird, Jacy Jones, Pete Friedman, Sonya Waters, Bill Parsons, Warren Stewart, Mark Niemeyer, John Overton, Steve Siddoway, and Dean Willis. Item 1: Roll -call Attendance: Roll call. David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd de Weerd: Thank you for waiting and we will just go ahead and enter right into our regular meeting. For the record, it is Tuesday, October 26. It's five minutes after 7:00. We will start with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance de Weerd: Thank you. Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Dave Duron of Meridian First Baptist Church de Weerd: Item 3 is our community invocation. Tonight we will be led by Pastor Dave Duron with the Meridian First Baptist Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Duron: Let us pray. Father, we thank you for today. Lord, we thank you for allowing us the privilege to convene in such a format in our country and how you have blessed us and the leaders we have here. We ask that you would give them wisdom and may the business conducted today bring you honor and glory. May we see change in our community that is for a -- for a large time, Lord, we have seen so many good things happening in our city. Lord, thank you for the benefits that we are a part of here in this gathering tonight, in Jesus' name, amen. Meridian City Council October 26, 2010 Page 2 of 50 de Weerd: Thank you, Dave, for joining us today. It's nice seeing you. 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 to note on tonight's agenda. Under the Consent Agenda 5-K, that is resolution number 10-750 and 5-L is resolution number 10-751. Under Department Reports, Item 8-B, that resolution number is 10-752. And with those additions, Madam Mayor, I move adoption of tonight's agenda. Rountree: Second. de Weerd: I have a motion and second to adopt the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of October 5, 2010 City Council Regular Meeting B. Approve Minutes of October 12, 2010 City Council Pre -Council Meeting C. Approve Minutes of October 12, 2010 City Council Workshop Meeting D. Personal Services Agreement for the Meridian Historical Preservation Society with Elysia-Rose Nary for a Not -to - Exceed Amount of $1,000.00 E. Remaining Balance to Task Order 10010 with CH2M Hill (Master Agreement Dated April 13, 2010) for Engineering Design Services of the Ground Reservoir #2 Project for a Not - to -Exceed Amount of $65,613.00 F. Blood Draw Agreement Between Ada County Emergency Medical Services and the City of Meridian G. Business Associate Agreement Between Ada County Meridian City Council October 26, 2010 Page 3 of 50 Emergency Medical Services and the City of Meridian H. Findings of Fact, Conclusions of Law: MDA 10-008 Regency at River Valley by Bach Investments, LLC Located at 2500 N. Eagle Road Request: Modify the Site Plan, Landscape Plan, Building Elevations and Certain Provisions Contained in the Development Agreement Approved for the Regency at River Valley Apartment Project I. Order Granting a Third Eighteen Month Time Extension: TE 10- 023 Zebulon Heights Subdivision No. 2 by The Traditions by Amyx II, LLP Located South Side of E. McMillan Road and West of N. Eagle Road Request: Approval for an 18 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat J. Order Granting a Fourth Eighteen Month Time Extension: TE 10-022 Ambercreek No. 2 by Trilogy Development Located Southwest Corner of N. Meridian Road and W. McMillan Road Request: Approval of an 18 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat K. Resolution No. : A Resolution of the Mayor and City Council of the City of Meridian to Amend the City of Meridian Standard Operating Policy and Procedure Manual Regarding Number 4.10 — Leave Without Pay (LWOP) L. Resolution No. : Spring Creek VAC 10-006: A Resolution Vacating a portion of the Utilities, Drainage and Irrigation Easement Located in a Portion of Lots 3 and 4 of Strasser Farms Subdivision No. 2, Recorded in Book 70 at Pages 7148 and 7149, Records of Ada County, Situated in Government Lot 1 of Section 1, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho de Weerd: Item 5, Consent Agenda. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: As noted, under the Consent Agenda, 5-K is resolution number 10-750. 5-L is resolution number 10-751. And I move approval of tonight's Consent Agenda. Rountree: Second. Meridian City Council October 26, 2010 Page 4 of 50 de Weerd: Thank you. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. de Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Community Items/Presentations A. Check Presentation to the Meridian Fire Department Public Education Fund for $9,000.00 From the Light My Fire Organization de Weerd: That leads us to Item 6-A, which is a check presentation. I will ask Chief Niemeyer to present this item. Niemeyer: Madam Mayor, actually, Pam Orr is going to be presenting this. de Weerd: Okay. Orr: Madam Mayor, I work with an organization called Light My Fire and this wonderful organization has been supporting the Boise and Meridian fire departments for many, many, many years and they do two different things. One of them is annual banquets, which we have a silent auction and the other one is a golf tournament that they do every year for us. The proceeds of this event supports the public education programs of the Boise and Meridian fire departments and it also supports some of our burn -out funds and so they are presenting a check tonight to our public education program and, then, also to the association for the burn -out fund. So, I'm going to turn it over to Mike Seidl and Paul Davis, because he is the one that is presenting that. de Weerd: Thank you, Pam. Rountree: The guy with the money gets to talk. Seidl: Those of you who aren't familiar with our organization, it started, if I remember correctly, back in 1995 as the All Industry Association. Over the years we have had a number of changes. One of them was in 2000 we changed the name to the Light My Fire committee. A couple years after that we were able to add in the Boise burn -out fund as a beneficiary of the funds that we raise and, then, about a year or so after that we added the Meridian fire departments education programs and burn -out funds, which are both our fundraisers as Pam talked about the auction in February and the golf tournament in June. This year we were able to raise a total of 28,000 dollars of funds that we are able to donate to the two fire departments and tonight we are able to donate Meridian City Council October 26, 2010 Page 5 of 50 9,200 dollars to the education fund of the Meridian Fire Department and another 2,000 dollars to the burn -out fund. And before I'm done I'd like to make a formal -- a formal invite. Thank you. A formal invitation to yourself, Madam Mayor, and the rest of the members of the Council to come to our auction in February. It's going to be on February 12th at the Doubletree Riverside. It's a great event. We take over the whole ballroom that they have there. We have several hundred people that come and this year the theme is going to be -- actually, June, will be western. I'm sorry. I said June again. February. It will be western and people will wear costumes and it's going to be a great event. We have a tremendous amount of fun and love to see you guys there if you can fit us in your schedule. de Weerd: So, some might wear costumes. We will just come in our regular jeans and boots and -- Seidl: Exactly. Thank you very much for your time and we appreciate it. de Weerd: Well, we would like to thank you. I do know that you have been presenting both our department and our association these kinds of checks for a number of years and we greatly appreciate that. It does allow our employees to do a great deal in this community in prevention work, in helping those that are in need and it's greatly appreciated what you do and I have already told Pam that I would be at the banquet. Seidl: You will? de Weerd: She -- she got the date to me and we have penciled it in. I think I was supposed to be there last year and something came up. So, I apologize I wasn't able to meet all of you one on one, but I do look forward to it this year and thank you, again, for all you do in our communities and community education for our fire service. So -- Seidl: Thank you. de Weerd: Bill or Chris, do you want to say anything on behalf of the association? Verkerk: City Council, Madam Mayor, I'm Chris Verkerk, president of Meridian Firefighters Association. They have done a great job with providing our burn -out fund with some funds that we can give to our citizens when they have a catastrophe, a fire, a flood, or whatever at their house. Currently our policy is that if they are left without a residence we give them 300 dollars to get them through the night and that just allows them to get a hotel room and some needed amenities throughout the night. So, it's a great opportunity for us to work with the insurance companies and the restoration companies to provide those for our citizens. So, I do thank them. de Weerd: Thank you, Chris. Verkerk: You're welcome. Meridian City Council October 26, 2010 Page 6 of 50 de Weerd: Thank you for joining us to our firefighters out there. We greatly appreciate you being here. Okay. Our next item, Item 6-13 -- or, chief, did you want to say anything? I know you like to -- Niemeyer: You know I like to talk? de Weerd: Yes. Niemeyer: Certainly I do want to thank these organizations. The golf tournament is a great opportunity for us to get out and meet these folks and work with them. The contributions that they do make are paramount to our prevention program, which Pam was up presenting before you. As you know, it's prevention month and so this -- these funds go a long way to helping education folks on the danger of the fire and life safety. So, certainly want to thank them if you meet them out in the hall. B. Lakeview Golf Course Improvement Tournament Fundraiser Discussion de Weerd: Thank you. Okay. Our next item is regarding a letter in front of you, Council, from Guy Webster. I did talk to Guy. He's not here tonight, is he? I did tell him that he could watch the football game that I would talk about this on his behalf, unless one of you are here on his behalf? Why don't I introduce this and, then, if you would like to provide additional comment you can give Guy a report card on how I did. I promised him I would do well. On September 11th and also last Friday night, the members of Golf View -- or Lakeview Golf Course did do two different fundraisers and, in total, they have raised 11,000 dollars -- or 11,152 dollars to address two major concerns, the over 400 members of the golf club have. They are golf paths and sand traps. These -- these dollars raised have already been put to work in putting in cart paths to, again, increase the esthetics of the -- and the functionality of our golf course. These citizens have really stepped forward to bring needed improvements, knowing what the economy has done and some of the constraints at the golf course and trying to be part of the solution in making these improvements, so they, as members, can bring friends and family and feel proud of where they are bringing them to come and golf. The request in front of you today, Council, is -- as they want to be part of the solution and provide a course that we can all be proud of, they would also like the Council to recognize these efforts from citizens and patrons of the golf course by matching dollar for dollar the dollars that they have raised and the request in front of you, Council, is if the Council would be willing to match the funds, so that they can continue to complete the improvements with the golf paths -- or the cart paths and some restoration of sand traps, which are in desperate need of sand. I tell them I don't like to hit out of sand anyway, so I kind of like the solid surface, but -- and also to rebuild those sand traps. So, I would invite either of you, if you have additional comments -- if you will, please, state your name and address. Vegele: My name is Harley Vegele. My address is 3835 East Eisenhower Drive, Meridian Meridian City Council October 26, 2010 Page 7 of 50 de Weerd: Thank you. Vegele: I'm the men's association president at Lakeview de Weerd: Well, thank you for being here. Vegele: And I was warned that something was coming up on this and I wanted to be here. I didn't know about the sand trap part. That has not been really part of our discussion. We did discuss as a board to approach you with matching funds as of this date right now and I am having -- we are letting Raven take care of the funds right now to do this, because it was easier for them. I right now am having trouble getting the figures from Raven telling us how much they have spent so far. The cart path is our number one priority, but that's not the end of our priority. The sand traps, I agree with you, I'd rather hit out of the hardness myself, but is an issue, but I don't think that's a number one issue that we really want to do as a board. So, Guy's kind of thrown me a curve on this one. de Weerd: Well, I just have gotten from Guy there were two major concerns and certainly the first priority is the cart paths. Vegele: And the cart paths are being done at this time. You live out there. I don't know if you have been able to see what they have done, but they are looking good. Raven's copartner in construction has donated the labor and the equipment and we have bought the material that's going into it. But right now I can't tell you how much we have spent of our -- of the association's money. The two events that we had was a yard sale and a golf tournament and we just had one Friday, which was held by one of the member's wife and we are letting them control that money themselves, because he is in landscaping and he wants to use that money to make some of the tee boxes look nicer or -- and especially where you can see them from the roads, so that Lakeview projects a really nice looking gold course, which is our goal. de Weerd: Thank you. Councilman Rountree has been the chair of a small task force that has been put together and we kind of talked about this on Friday -- last Friday as well. Would you like to comment? Rountree: Sure. The discussion last Friday was primarily about future capital improvements and some maintenance activities on the golf course. Two items that we talked about with the Eric Oaas and Raven, Kirk Travis, were continuation of the cart path activity and efforts in at least getting sand in the sand traps and ultimately total rehabilitation of the sand traps. At that point in time you're correct, they weren't sure how much they had spent, but it was something less than 7,500 dollars, because that was the budget apparently they were told they were going to be working with. I don't know if it's bigger or not, but I hear tonight an 11,000 dollar figure, but that's the first time I have heard of that. As far as the capital improvement plan goes, it will be put together and will be attached ultimately to the revised lease agreement and those items will be articulated what they will commit to do over a certain period of time and cart Meridian City Council October 26, 2010 Page 8 of 50 paths and sand traps were priorities on the part of the lessee. So, it seems like we have both the public that are members out there, as well as the operator, working together I think to get this done in total. The one thing that we talked about -- and it's unfortunate that we didn't have an opportunity to the talk to you all as you put the tournaments and stuff together, we do have a 501(3)(c) organization in the City of Meridian, which those folks could have made contributions through some mechanism to the city and they could have used that as a tax deduction as well. We have not figured out that there is any way to unwind what's been done, but as you look at efforts in the future, the men's association, the ladies association, I think there is a senior group and so forth, we probably need to sit down and talk with the city to see if we can't work out some kind of a tax advantage for the folks who do want to participate. But, anyway, not to go into anymore detail on the capital improvements, but what these folks are doing and what we are trying to do and get established in the lease are things that in common that everybody recognize need to be done. We did not talk about any matching, per se, on the part of the city, since the city has always taken the position that that's up to the operator, but we have the letter before us and the request. So, I guess we are here to discuss and decide which way we want to go. I personally thank the association and the seniors, and the ladies groups and the folks that are doing the bake sales and the yard sales to get some stuff done out there. It's been a tough year for the operator. I think they see the future a little better than last year now that they are getting some control of what's going on out there. So, that's -- there is some hope anyway. Vegele: I agree. I have been out there for five years and this year has -- not the men's association, ladies association, also the neighbors -- Rountree: Right. Vegele: -- 11,000 was before last Friday's event, which 3,000 dollars in addition was raised on Friday. Like I say, this is not just the men's association and the ladies association, this is all the -- excuse me -- all the neighbors around there and we are really proud of our course and that's why everybody is -- and if we had further fundraising who would we talk to about working together with the city. Rountree: My recommendation is probably through the Mayor's office and we get the -- believe that's with parks and recreation at this point, but it's in the process of being transferred, so -- but we can work out the details through the Mayor's office. Vegele: Okay. Well, we appreciate anything you can do to help us or with guidance or whatever. de Weerd: Well -- and Councilman Bird and I are board members on the Friends of Meridian Parks, which is the 501(c)(3) umbrella that we could run contributions through for the tax status. So, would love to work with you on that. Meridian City Council October 26, 2010 Page 9 of 50 Vegele: That would be fantastic. I don't think anybody really -- quite honestly, when we saw what happened and the mess we got thrown into, we weren't worried about tax deductions, we were worried about keeping our course and keeping it going. de Weerd: Well -- and that's even more admirable. Vegele: Thank you. de Weerd: Thank you. Vegele: Thank you for your time. Rountree: Thank you. de Weerd: So, Council, any other comment? Good evening. Shane: Mayor and Councilmen, my name is Jim Shane. S -h -a -n -e. Live at 4153 West Harbor Point Drive. de Weerd: Thank you. Shane: My property is on the golf course. My wife and my other family members and participated in the improvement tournament. I made contributions to the yard sale and bought something in the silent auction in the tournament that was just the other night. de Weerd: Oh, you must have bought my dinner, uh? Shane: I will be at your house. de Weerd: How nice to meet you, Jim. Shane: Yeah. I just would like to have one point put into the record. It's not something that's been ignored or overlooked, but I just would like to make sure it's there and that is as one of the participants and as somebody that lives there, I'd like to make sure that everybody that's negotiating with the track and the operating company knows that, speaking for myself and my family, and I think a lot of the people, the contributions we made and the efforts we made were for the improvement of the facility. We all want to seethe facility improved, we all want the operators to be successful, but it was no way intended to be a bail out for Eric Oaas or Laney or Raven, it was just people who want that golf course to be a better golf course. So, in the negotiations in the future with them whatever their business problems are, don't believe that the people who are making contributions are trying to help them in their business. Two separate items. de Weerd: And we fully understand that and I think those of us that live out there as well, you know, we are willing to plant our trees and fertilize and mow and trim do all that for the reason we want to be proud of that golf course. Meridian City Council October 26, 2010 Page 10 of 50 Shane: I'm in the process of putting in a 6,000 dollar enchanted forest in the corner of my property and I volunteered when they asked for people to work for nothing, I put my name in and nobody's called me yet, so -- and I believe there is a lot of other people willing to do that and the effort is there. But, again, you know, the efforts and the sentiment I feel is that we want to see the facility improved, we don't want to bail out Oaas and Laney. Thank you. de Weerd: I certainly understand that, Jim. Thank you. Okay. Council, what are your thoughts? Hoaglun: Just a question, Madam Mayor, probably to Councilman Rountree. Where are we in the discussion with the committee that was appointed on their request for the waiver of the payments -- yearly payments? Is that -- any progress been made on that and what can you update us on those meetings? Rountree: Probably at least two weeks away before we make a recommendation. We have dealt with the maintenance issues that were attached to the lease. We have dealt with the -- at least the preliminary list of capital improvements. That needs to be finalized. We, then, need to go through the lease as it is and make it -- refresh it and eliminate the things that are no longer applicable. The partners that no longer partners, those kinds of things. And, then, finalize that with legal. So, I'm thinking we are at least two weeks away before we get there. So, in three weeks we might have a recommendation. We are meeting once a week. Been good meetings and lots of give and take, lots of good -- good comments, lots of recognition that things need to be done. So, it's been positive and I'd like -- I'm trying to get it so it doesn't go much more than two weeks and we can report in the third week. Hoaglun: Thank you. Rountree: If anything does come up and it looks like it's going to make that go astray, will inform you as such. de Weerd: And the parks staff has been at the table as well to look at leveraging resources, if there are potential areas that that could happen. So, we are looking under every stone. Ted, do you have anything you want to add? Baird: Madam Mayor, I think Councilman Rountree summed up the progress from the committee and I would agree with the two to three week time frame to be back in front of you. Hoaglun: Madam Mayor, a question. In this request they are asking. Has there been identified a funding source that if the Council were to agree to this where that money could be coming from? Meridian City Council October 26, 2010 Page 11 of 50 de Weerd: The -- outside of more the -- the immediate and obvious is the discretionary funds that Council has. I don't believe that either chief -- either chiefs, police or fire, are looking at helping out of their budgets, nor I don't think parks would either, so -- Hoaglun: I'm thinking the Mayor's office possibly. But anyway -- de Weerd: I could hold a bake sale. Rountree: Madam Mayor, I guess my comment is it's certainly rewarding to see the folks in the area, not just neighbors and the neighbors that are members, but I know there is other folks that don't necessarily live in the neighborhood that are out there volunteering and providing funds to make these improvements I could -- I'd like to see the accounting. I could go along the contribution. I don't know that we can -- in the discretionary funds that we have, there are not many, and, in fact, probably more than the 11,000. 1 haven't looked. I don't have a number in mind that we could contribute in terms of a partial match. I'd like to do something. I think the effort out there needs to be rewarded. It is a -- it is our golf course and we all understand the problems that are going on out there, probably more than anybody else out there. So, I guess that's where I am. I don't know what the rest of you feel. I didn't -- I kind of bounced this off of David and really didn't get a read, but I think he was -- he was excited that people were out there doing stuff, so -- de Weerd: Council, I could bring back to you next week at our next meeting what funds you do have available and -- along with a budget amendment, if you would give me a total that you felt comfortable with. Hoaglun: Well, Madam Mayor, based on the letter I -- you know it looked like to me where they said in excess of 6,000 dollars was raised at that time and I was thinking, okay, they are looking for a match of up to 6,000 dollars, but I'm not -- haven't resolved any -- any particular dollar amount in my mind as well. I do appreciate the neighbors and others stepping up to make that a better course and as Council Rountree mentioned, it is the city's golf course and you want to keep it viable, you want to keep it playable and someplace that people from around the valley want to come to and so appreciate their efforts to do that and I do think we could probably make a contribution to help out in that manner. You know, a lot of that depends on what -- what our fund balances are and looking down the road money, as everyone knows, is tight everywhere. So, just one of those things we kind of have to figure it out. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: Well, I'd really, truly, like to give them some money. They went out and worked real hard and showing the stuff, but -- and it is the city's -- it is our course, but it is ran by a for profit company. And in my knowledge, being on there 13 years, I have never known us to get our yearly payment, so I -- and to this point no taxpayer dollars have Meridian City Council October 26, 2010 Page 12 of 50 been put into that course. Now, impact fees from houses have been. But no taxpayer dollars. It was built -- that course in '78 was built by donations. These people went out there and did that, I'm willing to help on that part. But I don't want it -- I don't want it to be a yearly thing where we are subsidizing that course, as long as a private for profit owner runs it. de Weerd: Well, I think that Mr. Shane probably said it best, is they are there to continue to enhance the community's asset. They are not there for the lessers of the golf course and to put profits in their pocket, they are there to make improvements. So, it is an asset to our community and I can appreciate that. Rountree: Madam Mayor, just to maybe move this along per your comment, this is a brand new fiscal year for us. Obviously, our discretionary fund is going to be at its maximum level, but we will have discretionary issues to deal with for the next 11 months. I would suggest that for purposes of discussion as you bring back a budget amendment for us, that we look at an amount not to exceed 6,000 dollars, as was indicated in the original letter, and, then, take a look at what our total discretionary budget is for the year and we may have to pair that back a little bit. I know everybody thinks we have deep pockets, but they are your pockets and we do not have -- take the luxury of providing ourselves much discretionary funding every year. Bird: I would agree with that, Councilman Rountree. Come back with that, if we -- if it looks feasible, Mayor, and I have no problems with it. de Weerd: Council, I will bring that back at our next meeting. I will also be in communication -- I think another point that was raised this evening is we don't know how much has been spent and maybe to tie some accountability in terms of an accounting for the dollars that are spent as well. So, we will have those agreements in place, along with the budget amendment and how we can work that. Bird: Raven is actually handling the money, isn't it? Raven? de Weerd: Yes. Clint was the one that was -- Rountree: Yeah. And he was the one that was doing the accounting to make sure they didn't overrun the budget that they had established. And supposedly they were going to have that resolved Friday I thought. de Weerd: He was coming back with numbers. Rountree: Yes. de Weerd: Okay. Well, thank you, Harley and Jim, for joining us this evening and I will follow up with Guy to let him know what was decided this evening and we will tell him -- or we will communicate through him since he is our point of contact on how we will move forward. Okay? Thank you. Meridian City Council October 26, 2010 Page 13 of 50 Item 7: Items Moved From Consent Agenda de Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update de Weerd: So, we will move to Item No. 8-A, under the Mayor's Youth Advisory Council. Tonight we have two of our officers and we will be hearing from them on what's going on with the youth council. Lincoln: Madam Mayor, City Council, thank you for having us. I'm Carolyn Lincoln, I'm the vice -chair of the Mayor's Youth Advisory Council and the chair of the community involvement subcommittee. And this is Kylin Nanney. She is our secretary this year. Last night was really awesome. We had a meeting and I actually had the opportunity to run the meeting, since our chair was gone, so that was really awesome. Got to use the gavel. We had a big event last -- yesterday. It was called Mad City Money. It was with Capital Educators and Meridian Chamber. It was a really awesome event. We started off with just our ordinary meeting and we went out there and we had simulated packets that had our job description and, then, a salary and if you had a husband, his salary, and, then, children and we had to go through and buy our cars, buy our houses, budget. They give us checkbooks. We had to learn how to write checks, budget our accounts, and, then, just figure out if we were able to put any money into savings at the end of the month if we were able to. Pay off our credit card debt, what kind of debt we got ourselves into. So, it was really a big eye opener for a lot of us, because as teenagers think we live paycheck to paycheck just as much as adults do, but we don't have those extra expenses that we will be having, especially from me and the other seniors on the Council. It was a really great learning experience and I thought it was neat, the lady that was there running it from CapEd, she was just really concerned with asking what we learned. She had just informational fliers that we filled out to say our thoughts on it. And Kylin was there, too, if you want to tell them what you thought about it. Nanney: It was a good experience for teens to get a taste of what adult life is like and it was a fun experience and it was traffic. de Weerd: From Kylin and Caroline, I think that I heard a couple of the members saying, boy, being an adult stresses me out. Trying to balance their budgets and we had -- we had local business people that served as the retail components and they were high pressure salesmen, several of them, so trying to get them to spend outside of their means and so this was a nice exercise in financial management. Lincoln: Yes. It was definitely eye opening. We had 45 members there and it was two hours long and, then, we also are going to the Food Bank on November 6th. We are Meridian City Council October 26, 2010 Page 14 of 50 just volunteering there. We are going to be sorting and dating food. So, hopefully, we will get a big turn out for that. And, then, we have our TAC event that Kylin can tell you about. Nanney: Our last TAC event was on Friday. It was a Halloween party. We had like -- we all dressed up in costumes and it was so much fun. Middle schools -- middle schoolers and high schoolers came. It was a good turn out and it was a fun experience for them. And our next TAC event well be in November and I believe it's ice skating. We are not sure on the date yet. It will be fun. Lincoln: Are there any questions? de Weerd: What does TAC stand for? Lincoln: TAC stands for Teen Activities Council. de Weerd: Thank you. Any questions from Council? Bird: Nice report. Lincoln: Thank you for all our support. It's really awesome events we have been getting to do. So, thank you. de Weerd: Thank you for joining us this evening. B. Mayor's Office: Resolution No. : A Resolution of the Mayor and City Council of the City of Meridian Reappointing Commissioner Phillip Liddell to Seat 1 and Treg Bernt to Seat 2 of the Parks and Recreation Commission de Weerd: Okay. Item 8-13 is resolution number 10-752. Council, in front of you I am requesting the reappointment of Commissioner Phillip Liddell and Treg Bernt. They are seats one and two of the Meridian Parks Commission. They -- this would be their second terms and I ask for your approval. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: I serve as Council liaison to the Parks Commission and Phil has been there a little bit longer and he's great to work with, very knowledge and does a very good job. Treg is the newcomer. I think he's the newest one on the Parks Commission, if I recall, and he just jumped in with both feet, very enthusiastic, has absorbed a lot, learned as much as he could and really contributes as well. So, we have got some good folks here and certainly deserving of reappointment. So, I would move approval of resolution Meridian City Council October 26, 2010 Page 15 of 50 number 10-752, reappointing Commissioner Phillip Liddell to seat one and Treg Bernt to seat two of the Parks and Recreation Commission. Rountree: Second. de Weerd: I have a motion and a second. Any discussion? Seeing none, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Discussion with the Parks Department Regarding a Memorandum of Understanding Between Meridian Academy and the City of Meridian Regarding Tully Skate Park Public Art Project de Weerd: Our next item is discussion with our Parks Department. Our director is here to talk about an MOU. Siddoway: Thank you, Madam Mayor, Members of the Council. With me tonight is Principal Joe Palaia from the Meridian Academy and student Conner Bail and we are here to discuss a potential art project that we would like to have done at the Tully skate park. We were approached by Principal Palaia a few weeks ago looking for a project for his students to be able to do with some art in one of the parks. We explored several ideas and rested on the idea of painting some art on the wall of the half pipe in the skate park in Tully Park. We have had a couple of meetings. At two of those meetings we have had representatives from the Arts Commission, Nancy Rountree and Meg Glasgow have been in attendance and voiced their support for the efforts of the school in doing so and I'm actually going to turn the microphone over now to Principal Palaia to talk about the vision of what he would like to do and, then, to Conner Bail and, then, I will come back to sum up. Palaia: Madam Mayor, Members of the Council, thanks for this opportunity. This project is -- was one of many that we are -- have been working on and figuring out how we are going to do. Prior to school starting this year we were to get -- got together as a staff and we decided we needed to incorporate a little bit more service learning into our curriculum and so we came up with some rough ideas and rough outlines of projects that we wanted to do and, then, we were going to turn them over to be developed a little bit further by our student body. Like Steve said, the original concept for this specific project was to possibly do some art on some of the city benches. I don't know how many of you have ever flown through Chicago airport, through O'Hare, but they have a huge display in there, some community art projects on a bunch of benches in there and thought that was going to be a neat idea, but the nice coverings on the outdoor benches Meridian City Council October 26, 2010 Page 16 of 50 and some of the other issues kind of got in the way of that original idea and, then, working with members of the parks -- it's not the commission, it was -- de Weerd: The Arts Commission? Palaia: -- department staff, maintenance staff. The teacher and the students came up with the idea to do this mural on the -- on the wall of the skate park and I have to say this is -- this was one of the -- is one of the better projects, because the students are really having the opportunity to see how this works going through all the different steps. have been at several meetings -- some meeting that the students could attend. They were there as well. Steve and the commissioners came over to our school and we had some original visions and some versions and, then, they came back and told us to refine it a little bit more and we refined it and changed it and we got together. So, it's been a great learning process for our students as well. And it was real interesting, you guys should really hear this, because a lot of the teachers that I work with -- we live in Boise and they were really stressing and when we do these projects, you know, Meridian is the community where these students are from and we really need to focus on doing things in Meridian. So, I, you know, thought that would be something that you guys would like to hear. We have got a scaled down version that Conner and I can unroll for you and bring it up there, so you guys can take a little bit better look at it. But the direction we got from the commission was, you know, we want this -- we wanted this in that graffiti art style. We really want it to pop and I can specifically say that's a quote from one of them. So, if it's -- if it's bright, it's colorful, it's one of the concepts that they kind of came up with and -- and liked. So, we will just show you this. de Weerd: Very cool. Palaia: And if you guys have any questions I would be happy to answer them. This is kind of a scaled down version about -- about four to one scaled down version. de Weerd: Very nice. Now, so, Conner, did you help design this? Bail: Yes. I did help design with the lettering and most of the background. I also helped with most of the coloring, but we didn't get to the painting until like a few days later, so -- Palaia: Tell them about the research -- I mean you guys researched art and public art for -- you guys researched art and public art for quite awhile before you settled on this in class. Bail: Yeah. Because -- I just lost what I was going to say. This is like the first time I have ever done this. de Weerd: Don't worry, we have all had our first and it is kind of frightening. We are nice people, though. You might just go to where you came up with some of your ideas. Meridian City Council October 26, 2010 Page 17 of 50 Bail: Well, our first idea was going to be the skate and bike words, but without the brick background and without the silhouettes, we were just going to have it like, you know, regular dull colors, but since one of the other students decided to put different colors in it and, then, our teacher decided to put the background in there to make it more realistic. de Weerd: That's very nice. Hoaglun: So, Conner -- Madam Mayor -- whose idea was it that some of them have fallen down, have actually crashed, I mean -- Bail: Well -- that was actually our teacher's idea. Hoaglun: Very realistic, I guess. Bail: Yeah. de Weerd: Yea. If you go out there it is. Hoaglun: What -- and, Conner, I don't know if you can answer this. Maybe Steve. What's the time frame for doing this? If we approve it when -- when will the painting begin? I mean it's -- we are headed -- it's fall now, going into winter. Are you going to wait until spring? What's the time frame? Siddoway: It would be rather immediate as the weather allows. They were hoping to do this last week while the weather was good. There was no Council meeting last week for us to get this on the agenda, so they are here tonight and as soon as we can and the weather allows, they plan to do it immediately. Hoaglun: Great. Thank you. Siddoway: So, I would just mention that the parks amenities and signage committee has met with the students, reviewed the proposal, has recommended approval of it. We have worked with Emily Kane in the legal department and Bill Nary has reviewed it, so tonight for your consideration we have the memorandum of understanding that is part of your packets that formalizes the -- the agreement to do this and we would seek your approval of that memorandum, so that they can move forward. de Weerd: Thank you. I think it's a great partnership and certainly we appreciate, Joe, that you're doing this project in Meridian. I do have one question, Steve, and that is that wall has had it's share of not legal graffiti or not a design that we have really wanted there. How will we keep it so that it doesn't get destroyed? Siddoway: Well, we may not be able to and that's the reason for the agreement, but in addition to the painting, they are going to be putting a clear coat over the top, so that we can do our best to remove any additional graffiti that goes on top of it. The agreement Meridian City Council October 26, 2010 Page 18 of 50 does state, though, that if it does become damaged beyond repair that it can be either repaired or removed as necessary, but it will be clear coated with the intent that we will try and keep it cleaned off as much as possible. de Weerd: As graffiti proof as that graffiti can be, uh? Siddoway: Yes. de Weerd: I think it's great. We congratulate you and your fellow students for your design and your involvement. So, Council, I need a motion to approve or what -- what is your desire? Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: I would move approval of the MOU between the City of Meridian and the Meridian Academy on the Tully Skate Park public art project. Bird: Second. de Weerd: I have a motion and a second. Any discussion? Seeing none, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Siddoway: Thank you. Item 9: Action Items A. Continued from October 5, 2010: Public Hearing: TE 10-021 Arch Rock Subdivision by CTD Development, LLC Located at 4550 N. Linder Road Request: 18 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat de Weerd: Thank you for being here. Okay. 9-A under Action Items, we have a continued public hearing on TE 10-021. Watters: Madam Mayor, Members of the Council, the next application before you is a request for a preliminary plat time extension. The applicant's requesting approval of an 18 month time extension, which would be their second time extension for the preliminary plat to obtain the city engineer's signature on the final plat for Arch Rock Subdivision. The subject preliminary plat consists of 26 single family residential building lots and three common lots on 4.75 acres of land. The applicant's narrative states that Meridian City Council October 26, 2010 Page 19 of 50 they have been unable to meet the time requirements specified in the Unified Development Code due to the current economic conditions and have decided not to move forward with finalizing the final plat this year. A development agreement was not required with the annexation of this property, however, building elevations for future structures on the site were approved by Council at the public hearing for the annexation as shown. There are no outstanding issues for City Council and no written testimony has been received on the application. Staff is recommending approval of the requested time extension and is not recommending any new conditions of approval. Staff will stand for any questions the Council may have. de Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. de Weerd: Is the applicant here? Have any comment? Watters: The applicant did -- I spoke with them earlier today and they were unable to make it tonight. de Weerd: Okay. Watters: But they were in agreement with the staff report. de Weerd: Thank you. Okay. Council? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we approve the request on Item 9-A. Bird: We need to close the public hearing. Rountree: It's not -- oh. Close the public hearing. Bird: Second. de Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Now I move that we approve Item 9-A. Meridian City Council October 26, 2010 Page 20 of 50 Bird: Second. de Weerd: I have a motion and a second to approve Item 9-A. Is there any discussion? Hearing none, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Public Hearing: AZ 10-002 for Barletta Subdivision by Russell & Karen Hunemiler Located at 3299 W. Davis Lane Request: Annexation and Zoning Approval of 5.94 Acres with an R-2 Zoning District C. Public Hearing: PP 10-002 for Barletta Subdivision by Russell and Karen Hunemiller Located at 3299 W. Davis Lane Request: Preliminary Plat Approval of 2 Building Lots and 2 Common / Other Lots on 5.94 Acres de Weerd: Item 9-13 and 9-C are public hearings on AZ 10-002 and PP 10-002. 1 will open these two public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The subject site before you is located on the west side of South Ten Mile Road, midway between West Tasa Drive and Overland Road. Right now the property is currently zoned R-1 in Ada County. The applicant is proposing to zone the property R-2 in the City of Meridian. The preliminary plat consists of two residential lots, one consisting of 2.05 acres and the other being 3.05 acres. The Comprehensive Plan designates this site of low density residential, which is consistent with the requested zoning district. Although the zoning and density is consistent with the land use map designation, the plan specifically states that single family homes on large lots are to develop with urban services. The UDC also requires the connection to city services for all residential districts to avoid scattered development of land that results in a lack of water supply and sewer service. Currently city services are not available to serve the proposed development and the applicant does not intend to extend services to the site. City services are approximately 1,280 feet away from the current location or current property boundary. In addition to that, the lack of city services, the applicant -- the proposed plat would take access from Davis Lane, which connects to South Ten Mile Road. The Comprehensive Plan encourages vehicular connectivity between planned and existing subdivisions and the UDC provides provisions that -- that specify requirements for the creation and improvement of roadways. The UDC requires all subdivisions to provide local street access to any use that currently takes access from an arterial street. In order for local street access to be provided the applicant would have to reconstruct the portion of Davis Lane that abuts the east side of the property, contingent upon ACHD. Staff did receive comments from Meridian City Council October 26, 2010 Page 21 of 50 ACHD. In their staff report they have communicated to staff and this was conveyed to Planning and Zoning Commission during the hearing that they would not be interested in accepting that as a public roadway, as it would serve no public benefit. Since ACHD is not willing to provide that access or accept that roadway, staff has -- the UDC doesn't really allow for single family homes to take access on a public street. So, therefore, staff found that the site and the Commission also concurred with staff that the site did not have public street frontage. For the reasons stated before you this evening, Planning and Zoning Commission recommended denial at the P&Z Commission -- at their hearing on September 16th, 2010. Testifying in favor at the hearing was Becky McKay. She also commented on the application. Staff did not receive any written testimony for that hearing and none was provided and no one spoke in opposition. Key items of discussion by Commission during the hearing. The Commission discussed development requirements. So, for example, what would it take this property to develop in the county and, then, also what were the agreements between the city and the county via the Title 9 agreement. They also discussed other properties to the north that could develop, given the fact that ACHD is currently in negotiations of right of way for this property along the frontage of this property. There is a potential for the existing driveway that serves the existing home site to nearly front on South Ten Mile. It won't directly front on the roadway, but it's close enough to where it could impact vehicles wanting to enter Ten Mile Road. And so that was a discussion that they had. They had concerns with some of the commercial development proposed along the interstate, that there could be some conflict interests between traffic on that roadway given the impact Ten Mile would have with future development. So, recommended changes by Commission at the hearing, there were none. Again, staff has not received additional comments since the P&Z hearing. So, really, the outstanding issues before Council this evening is the nonconformity as far as the requirements of the UDC and the Comprehensive Plan. It's not -- is it in the best interest of the city to annex property that does not provide a public street network or city and sewer -water and, then, also before you is the applicant is also requesting a waiver to not the the Ridenbaugh Canal and there is also a service ditch that is -- that bisects the property and they are asking that that be -- remain open as well. I would point out to Council staff was in favor of leaving that service ditch open, provided that they included it as an amenity with the subdivision. That concludes my presentation. Again, Planning and Zoning Commission has recommended denial, as well as staff, and I'll answer any questions Council may have. de Weerd: Thank you, Bill. Council, any questions? Bird: Not right now. Rountree: Not right now. de Weerd: Does the applicant have any comments? Good evening. I see your Bronco colors. McKay: I couldn't resist. It is game day. I even have orange shoes. Meridian City Council October 26, 2010 Page 22 of 50 de Weerd: They are up. McKay: Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian. This is just a little under six acres. As Bill indicated, there is an existing private lane that's paved called Davis Lane. It's 25 feet wide that runs along the frontage of this property. This property has approximately 270 feet of frontage on Davis Lane. The parcel is owned by Russ and Karen Hunemiler. There is an existing estate home, kind of situated in the middle of the property and an accessory building just to the south of that. This area is primarily developed with acre lots. It's zone R-1 in the county. The map that's -- that's before you there, you can see that in the orange, the R-1 zone -- and that's been there since 70s. In fact, the first subdivision I ever laid out is Acre View Estates, right there, and it was an R-1 zone that we did one acre lots with septics and wells. The second map that you see, we, basically, highlighted all of the existing lots out there that are less than five acres, are occupied by homes and currently have existing septics and wells. As you can see, the subject property is bounded by the Ridenbaugh -- oh, dang it. Sorry, Bill. The Ridenbaugh Canal comes across Ten Mile, wraps up around and, then, comes back around, so it's to the west -- on the west boundary and, then, it's over just off of the east boundary of the property. We have worked diligently with Ada County Highway District, because they are in the process of acquiring right of way for a rebuild of that section of Ten Mile. There will be a complete reconstruction of the Ridenbaugh bridge, so they needed a substantial amount of right of way from my client. We cooperated, coordinated with them and that right of way has been dedicated. All the paperwork has been completed and sent to the district. They are going to elevate Ten Mile Road and, then, that will help them intersect with that new overpass and interchange. As far as access the point of Davis Lane to Ten Mile, the highway district will be reconstructing that, but it stays primarily the same as it has historically looked. Next one, Bill. As you can see the property is rectangular in shape. Here is the Ridenbaugh Canal here. Ridenbaugh Canal as it crosses Ten Mile at this location. This is where Davis Lane comes in. Like I said, it's a paved roadway, comes up. It serves 11 existing homes. That was an Ada County approved private road in 1977 and, like I said, it is paved. Twenty-five feet wide. It was constructed to Ada County Highway District standards, which for years were that you would provide a base that was the same as what ACHD required, you just didn't have to pave as wide a section, and they did not require curb, gutter, and sidewalk. What we are proposing is Mr. Hunemiler wants to partition this existing home on one lot and, then, we are going to create another driveway off of Davis Lane back to the western section. The purpose of that is he wants to construct a new home for him and his wife. Their daughter has came up I think from another state and they are going to have her live in the existing home and they want to build a luxury home on the western section. This is kind of a unique situation, because Meridian doesn't have anything that's comparable to that R-1 zone. The best we can ask for, the lowest is the R-2, which is 12,000 square foot. We are kind of a square peg dealing with round holes in a comp plan, round holes in an ordinance. We don't quite fit. We can't go to the county, because the new area of impact agreement says you shall request annexation to the city if you're contiguous to the city. We are contiguous at this point right here with South Ridge. So, you have got Meridian City Council October 26, 2010 Page 23 of 50 an urban development that's going to take place there. I have talked to the county and they have indicated that, you know, that's predominately R-1. The staff said they don't object to, you know, what we are proposing here. There is an existing septic and well for that home. This is a -- oop. There is a picture of the existing home here. That's kind of a side view. This is Davis Lane. As you can see it's very tailored, very manicured. A lot of those homes are very large estate homes. Davis Lane comes in right there. This is the Ridenbaugh Canal here. This is Mr. Hunemiller's property. He's got a -- kind of a landscaped area here with flowers and, then, his existing driveway comes up between these trees. Bill, can you go back to the other -- the other thing we have is there is an existing easement here. It's 75 feet. That's the Williams pipeline that traverses this area. In talking with Ada County Highway District, when the staff mentioned that a public street would be more appropriate, the highway district evaluated it and they said that the Ridenbaugh Canal wraps all through this area. It's predominately developed with one acre lots. We don't see any public benefit whatsoever to go in and build a short section of public street. If this were public I'd also have to do a public turnaround right there, which would be right in the front yard. So, it just doesn't make any logical sense to do that. And the highway district said it's a nice private road, functions properly, there is only 11 homes on it, you're proposing one additional home. That's it? We don't have a problem with it. So, that's kind of where we left off. Now, the staff indicated, well, it's got to be a public street if you're going to do single family homes. Well, the code does not address an existing private street. That's a new private street. It says private streets are allowed for multi -family. Private streets are not allowed for single family, but this is existing. I looked at the definition in your code. It talks about the definition of a street is a private or public right of way that provides vehicular access to adjacent properties. Term street shall include -- and it gives road, thoroughfare, parkway, avenue, lane, place and highway and it says street frontage is the distance measured along the property line which fronts upon a street that provides vehicular access. So, the existing Davis Lane, based on the ordinance, meets that definition of a street. I'm not proposing new streets, I'm proposing a driveway. We had our neighborhood meeting. Mr. and Mrs. Johnston were in attendance and they are supportive of our application. The only thing they asked of me is to provide a wide enough area that we could put like a ten foot landscaped area with trees and, then, inset the driveway going back to the back portion. Our sewer and water -- the sewer and the water is at the new Overland intersection, which is located 1,280 feet south. Staff indicated that the Public Works staff -- they said, you know, that's really not within a reasonable distance. You're only building one lot or asking for one additional lot out there and so we felt that we support a waiver to connect to services, central sewer and water, if -- with a condition that when those services are available in your development agreement, that you would have six months to make a connection for these two existing homes -- or the two homes. So, my client said he is in agreement with that and, then, as we submitted, then, things kind of -- the wheels kind of fell off. This is kind of one of those unique situations that doesn't fit the normal mold of development. All we want to do is my client wants to build a new home and put his daughter in the existing home. I know there have been occasions where Mayor de Weerd said why can't we have more estate lots in Meridian. We would like to see some of those, two acre, three acre, four acre. Well, your ordinance and comp plan really don't allow for that, unless, you know, Meridian City Council October 26, 2010 Page 24 of 50 we are pulling central sewer and water -- I mean according to the staff. The Council, obviously, has the right to grant a wavier, but what we have here is not your standard run-of-the-mill subdivision. I mean like the county said to us, this is no different than a one-time split and if you were eligible for one, you wouldn't have to do anything, because it's been R-1 out there years and years. The staff mentioned a concern about that area redeveloping. Well, with the existing homes, the placement of the homes, the fact that it's all R-1 out there and most of those homes are already developed on the R- 1, as far as redevelopment, the chances are pretty darn slim and the position of the homes to the north of us, they sit on pretty narrow, deep lots. You also have the Williams pipeline. So, as far as crossing it, I talked to Mr. Tarbett at Williams's pipeline, he indicated that they did not object. The low density, they like to see that. They like the fact that we put that in a separate lot. Most of it's already landscaped with grass and turf and he said I'll even allow a few trees along the perimeter as long as you have a specific offset from our pipe. That pipe is about five feet deep. So, in other developments where I have dealt with that type of facility, crossing it with a public street is real tough, because the depths vary from 36 inches to five feet and they say they can't tell you until they go out and they pothole it, but taking public streets over it is always a difficult situation. So, I just don't see that area redeveloping and I'm not sure why, you know, anyone would think that, oh, my gosh, you know, it's just going to open up the whole can of worms. This is a really unique situation and, like I said, I got a square peg, I'm trying to fit it in a round hole. I thought it made sense, annex to the City of Meridian, enter into a development agreement, specific conditions, the city gets the taxes, the city gets the building permits, fees -- it made sense. Obviously, not everyone agrees with me. Can I answer any question? de Weerd: Council, questions? Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: Question, Becky. And you answered it, but I just want to go through it again about the other existing lots. I have seen pictures of this area and I have been up there, but it's been awhile. What I'm concerned about what you're proposing is that okay, a few other folks do the same thing. I mean you have a private street and adding to that, you know, that -- then it becomes problematic is the situation, where if we allow one, then, we are going to have other requests come through the door and we are just adding -- adding to it, going from an estate situation to a subdivision. McKay: Madam Mayor, Councilman Hoaglun, this -- oh, shoot. Every time I touch it goes -- the lot to the north of us, that house sits -- as you can see, that lot narrows down. How do I keep it from doing that? This lot next down -- well, you can see the house here. There isn't room to get back behind their home. Oh. There isn't a lot of room. The house sits right here. This one the house sits here. They have got an accessory building that's back in here. You have got the pipeline that's coming this direction like that. So, as far as these other properties, they are going to -- they just Meridian City Council October 26, 2010 Page 25 of 50 don't have the room to get around the houses with the driveways. They are also -- they area narrowing up with that pipeline and that -- you know, you're going to have to have -- you got that 75 foot swath back there. I guess if this were more than two lots I would probably agree with you. You know, hey, this is a subdivision. But, you know, this is just to create one additional lot, with one additional septic and well, so he can built a new house. I don't have any other avenue to do this but this process. I did do an analysis of the sewer and the water, which is located at this Ten Mile - Overland intersection. I, basically, did a quantity take off and my estimate is 140 to 150 thousand dollars to take sewer and water down to that one lot, which is cost prohibitive, obviously. Hoaglun: I appreciate, Becky, you answered my question. That -- that detail helps. appreciate that. McKay: Okay. Thank you. de Weerd: Any other questions? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I don't have a question for Becky, but for Pete. You're an old county guy. Friedman: Yes, Council Member Rountree, you do remind me of that on occasion. Rountree: Yeah. So -- and I understand the predicament that the two of us have created for these folks, but does the city have the ability to waive the requirement in our area and allow this to go through the county process, which sounds like it could just be a one time split. Friedman: Madam Mayor, Council Member Rountree, Council Members, it's not particularly a waiver. Our Title 9 agreement with Ada County says that applications for planned development subdivisions and rezones within the City of Meridian urban service planning area shall occur as a result of a request for annexation by the city. However, the county may consider such applications in those exceptions where the annexation is not approved by the city. So, shortly put, if this application is denied, then, they have the option of going to the county for a subdivision. McKay: A two lot subdivision. Friedman: Two lot subdivision. McKay: It would be a two lot subdivision. Meridian City Council October 26, 2010 Page 26 of 50 de Weerd: And I guess on the flip side of that is -- staff doesn't have the opportunity to waive these, you do and staff comments are based on our existing code. So, they are the bad guys, you guys are the good guys. Rountree: Yeah. Right. de Weerd: But, you know, you can -- you can decide that, as Becky has stated, that for this particular circumstance, because of the oddities that you can waive. The hook-ups and keep the private road. That's what it comes down to; right? McKay: Yes, ma'am. That's what we are asking for with specific conditions that we would hook up at a later date. Rountree: Or deny it and they can do it easier through the county. McKay: We would just have to start all over and go through the same process. De Weerd: Yeah. So, easier? McKay: Kind of redundant. Hoaglun: And that's part of my thinking, Madam Mayor and Councilman Rountree, is if this later on comes back to us, if that's the process -- earlier I was thinking, well, why don't they just go to the county, you know, get -- you know, that's a new area and we are now contiguous and you got to kind of mentally keep up here and I was thinking why don't they just go to the county, do a split and be done with it, but, you know, with that change, if the county were to approve that, would we be willing to accept that if that was presented to us as an annexation of all these lots and this -- this area was -- would we say, oh, well, we can't have that private road, different things, If we have, you know, hook up to sewer, if that's up there at that time, they will probably have to do something in the future, but that's down the road. I would think, okay, that would be eligible to become into the city limits. I don't see us turning that down at a future date and if that site was split, as being proposed. So, I'm thinking, okay, if we rejected it, if it was approved in the county later on, how do we deal with the request that's before you now? I mean if we kick it back to the county and they do it and, then, it's going to come back to us at some future point to say, okay, now all of us want to come into the city, do we say, no, you have got this -- this lot that's got two houses on it, we are going to reject the whole thing, which I don't think we'd do. So, I guess I'm kind of arguing maybe we ought to deal with it as a city and -- with this and -- you know, and move forward from there, but that's just my thinking on it. Bird: Madam Mayor? de Weerd: Mr. Bird. Meridian City Council October 26, 2010 Page 27 of 50 Bird: I agree with Councilman Hoaglun. I think we can take a look at it and deal with it. We have done this type of stuff before. Get us a good DA that's workable between both parties for us and proceed with it. That would be my opinion. I think it's a nice project for Meridian and, you know, we have never been bit by doing things outside of the city yet. de Weerd: Well, this is a public hearing, so I will see if there is anymore comments and we will wrap this up. Thank you. Is there any further testimony on this item? Council, do you need any additional information from staff? I didn't really throw you under the bus. I think you're great people. Friedman: It was never taken that way. de Weerd: I just know -- you have to get used to the tone, right? Friedman: That's right. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: Pete, between you and the applicant, you guys could probably come up with a pretty iron clad DA I'd think that would be agreeable for everybody that would look out for that applicant, plus the city. Friedman: Madam Mayor, Councilmen, Council Member Bird, if that's the pleasure of the Council we would, then, recommend that you continue this for two weeks to give us time to come up with some conditions, work with legal and the applicant. Bird: Well, this is one Councilman that could go for that. I think it's a good project, but I want a good DA in place, so we can look at it. de Weerd: Well, Council, I'd recommend if it's -- if staff could do this, one week, because two weeks is a workshop. Friedman: Oh. I apologize. de Weerd: So, if we could see if we could get something pulled together by next week, otherwise, we will continue it until the third week. Bird: Get an extra day. It's Wednesday next week. de Weerd: Yeah. Next Wednesday. Friedman: Oh, that's right. Okay. Meridian City Council October 26, 2010 Page 28 of 50 Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: If we go that direction my concern is that those items that we would waive if we were to move forward with this be dealt with in the DA in such a way as that we don't put ourselves in a bind when the inevitable happens and that's the annexation of the adjacent properties and I would guess that all of those a little smaller lots adjacent to the interstate, once Ten Mile interchange is open up, somebody will be buying those and that probably will change from residential to some form of commercial. It typically happens that way. I wouldn't be surprised to see that happen. And become part of the city. But I don't want us to waive things that put us in a box in the future on a private lane, which always gets us. Friedman: Madam Mayor, Council Members, just for your information, you know, that development agreement will only cover this property and that small, small portion of Davis Lane. So, anything that -- that we draft or craft for your consideration won't have any effect on the rest of that -- on the rest of that private road back there. Rountree: I understand that, but it will establish precedence for what happens in the future. So, if we don't have something identified on that little piece, it could come back and get us later. Friedman: Yeah. I agree. de Weerd: Okay. Any comment from the applicant? Do I have a motion? Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I would move that we continue public hearing AZ 10-002 and public hearing PP 10-002 until November 3rd, 2010. Hoaglun: Second. de Weerd: I have a motion and a second to continue these two items. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. D. Public Hearing: RZ 10-002 for Raisin' Angels Subdivision by Capital Hill Holdings, LLC Located at 1125 E. Pine Avenue Request: Rezone Approval of 0.43 of an Acre with a C -N Zoning District Meridian City Council October 26, 2010 Page 29 of 50 E. Public Hearing: CUP 10-010 for Raisin' Angels Subdivision by Capital Hill Holdings, LLC Located at 1125 E. Pine Avenue Request: Conditional Use Permit Approval for a Daycare Center for up to Sixty (60) Children in a Proposed C -N Zoning District F. Public Hearing: PFP 10-003 for Raisin' Angels Subdivision by Capital Holdings, LLC. Located at 1125 E. Pine Avenue Request: Combined Preliminary / Final Plat Approval of 2 Building Lots on 0.96 of an Acre de Weerd: Okay. Item 9-D, E and F are public hearings on RZ 10-002, 10-010, and 10- 003. 1 will open these three public hearings with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The subject property is located on the south side of Pine Avenue, approximately a quarter mile west of Locust Grove at 1125 East Pine Avenue. The first application is a request for a rezone of .43 of an acre portion of the site at the northwest portion of the property from the I -L to C -N. That portion of the property contains an existing structure that was previously approved for an office -- accessory office to the adjacent warehouse building. There is also a conditional use permit proposed for a 1,187 square foot daycare center in the existing building for up to 60 children in a propose C -N zoning district. Then, I just -- should note the remainder of the property where the industrial building is located will remain I -L. A preliminary -final plat combination is also proposed that consists of two building lots on .96 of an acre. This is a site plan for the proposed daycare. Existing building is here on the left at the northwest corner of the site. The existing industrial multi -tenant building is here at the east side of the property. There is one existing driveway access to the site that serves both properties here or both of the proposed properties I should say on the plat from Pine. The Commission recommended approval of these applications at their September 16th, 2010, public hearing. Summary of the Commission public hearing, Walter Lindgren, Jane Sackett, Alecia Parker, Matthew Martin, Desiree Johnson, Stephanie Jaroloman and Shannon Stone were all in favor of the application. No one spoke in opposition or commented on the application. Walter Lindgren, the applicant, did submit written testimony in response to the staff report. Key issues of discussion by the Commission were the future land use map designation of mixed use community versus the I -L, light industrial zoning. The importance of retaining industrial zoned property for industrial uses and the intensity of the types of uses allowed in the C -N versus the C -C zoning district. Key Commission changes to staff recommendation. The Commission recommended approval of the rezone and Conditional Use Permit and preliminary/final plat with no modifications to the staff report as requested by the applicant. Outstanding issues for Council: Because staff recommended denial of the rezone and Conditional Use Permit, no conditions of approval for those applications were included in the staff report reviewed by the Commission. Since the Commission hearing and their recommendation of approval for the rezone and conditional use, staff has revised the report to include conditions of approval for those applications. Staff was previously recommending approval of the preliminary and final plat application and had Meridian City Council October 26, 2010 Page 30 of 50 included conditions for that application. The Commission did not review or recommend approval of those provisions or conditions. No written testimony has been submitted since the Commission meeting. Staff will stand for any questions that Council may have. de Weerd: Council, any questions? Bird: I have none. Watters: Just a side note. I forgot to mention these are the elevations of the existing building where the daycare is proposed. Front. Side. On the west boundary. The west boundary is where the play area for the proposed daycare will be. It will be fenced. This is the rear elevation where the parking lot is, where parents will be dropping off and picking up their children. And this is the east side of the property where the driveway access to Pine is. And this is the preliminary plat and final plat proposed by the applicant. Any questions? de Weerd: Thank you. Is the applicant here? Good evening. Lindgren: Good evening. Madam Mayor, Members of the Council, my name is Walter Lindgren with Johnson Architects, 440 East Corporate Drive here in Meridian. I'm representing the client here, who is a property owner of this particular property. As staff had mentioned, this is a proposal to split the existing lot, so that they may isolate this particular property and, then, rezone this property to a -- what we are proposing as a commercial neighborhood. With that, whether it was a commercial neighborhood or a C -C, which is a commercial -- whatever the C -C designation is. I'm not sure specifically. Regardless, it would require a conditional use application, so that's -- that's kind of where we find ourselves here today. If staff wouldn't mind highlighting the aerial map as best you can. I have even got soft copies for you. Watters: That's fine, if staff could figure out how to do it. Lindgren: There you go. Watters: Having issues with the computer. I'm sure how to get rid of it. Lindgren: There you go. Perfect. Okay. So, the graphic you see in front of you is just a general depiction of a site aerial map. It also highlights the existing and designated uses for this particular area. So, you will see the site marked as the red building there and -- and currently as an I -L property -- I think what's interesting to note is this particular location of an I -L property -- and while I can understand in theory what staff is suggesting that -- in terms of spot zoning and staffs recommendation not to -- not to do that, I think this is a unique case where you have a particular property that is adjacent to a street on the edge of what I would call the I -L area and as you will see to the north and to the west, heavily residential as you enter into the downtown area. And I think it's interesting to note that this particular area was designated as a mixed use commercial Meridian City Council October 26, 2010 Page 31 of 50 zone. Originally I think one of the arguments that has been presented is that since it has since developed as an industrial use area, that that ought to drive the conversation. I think one of the reasons why you probably see more industrial use there -- and I would even argue not so much heavy industrial, but these are more flex office warehouse buildings that are there -- is that, you know, you have got a lot of deep, deep parcels, deep lots that are off Pine. This is one that's right adjacent -- and, again, it will show by some of the photos of the surrounding areas you will see, in fact, it's primarily surrounded by residential uses. So, a couple other items to note. Actually, if staff wouldn't mind highlighting -- I think it's photos -- if you can find them. Maybe just go with this real quick. Or we can just thumb through these. But this is just -- photo one just kind of shows an existing shot of that flex warehouse space towards the rear. You can go through these first couple quick, if you don't mind. Again, this is the rear parking lot, once again, showing the flex warehouse space right off Pine. And, then, photo three, photo four. This is the drop off area on the south side of the building. Continue. This is showing the west side of the site. Again, the west side of the site where the proposed playground area is. Plenty of room for fenced area. I don't think that's necessarily an issue. Pine Street view back at the site from the west. And, then, as you get into photos nine and ten and 11 as you go on, you will start to see some of the residential uses, that are to the north. So, while it is designated I -L, I mean there is plenty of residential uses and not -- not to mention this -- you know, Pine slowly developing as a gateway to the city, I don't know if an industrial use designation may be not arguably be compatible for this location as you get closer to the downtown area. Again, just some other photos I think which are interesting to note. As we also start to get into photos 15 and 16, 1 think it is, I have highlighted two examples off of Franklin Road as you enter in off of -- let's stop right there if you don't mind. This is a shot from Baltic looking to the south and that's the architectural building supply building there right off of Baltic, so very much they are kind of a similar situation, arguably, that you have some industrial uses. If you go to the next photo, if you don't mind, Sonya. This is just, again, a study showing this is the -- one of the commercial office buildings that is -- and, again, which is an otherwise industrial use behind it and I think the reason why those industrial uses work so well is because they are so deep and not really compatible for other -- other type uses, which is unfortunate, because daycare is not an approved use in an I -L and, basically, what the client and the owner of the property is asking for is to allow that use. I mean they have spent many months that that building sat unoccupied and had very little luck in receiving any bites as far as leasing for that type of use. Again, we proposed a C -N approach. We are not opposed to the C -C designation. Frankly, we thought the C -N was more compatible with what the city wanted to see there, more light -- light retail with some more restrictions than a C -C would offer. So, again, if that's -- if that has any bearing we are certainly willing to look at that. And just a couple of other notes with respect to the daycare center. We did meet with the police department as far as drop off. That was one concern that they would have cueing cars coming off of Pine Street. We assured the police side of things that the drop off is on the south side. There is plenty of opportunity for that to happen. In fact, we can have Janie, who is the proposed tenant, to address this. At any given time she believes that it will probably have no more than max five folks -- five cars at any one time dropping off, because the nature of her business is such that they -- they don't come all at once Meridian City Council October 26, 2010 Page 32 of 50 and they don't pick up all at once. They are a very staggered transient type occupation. So, while we show six -- up to 60 children, that's, basically, based off of what the code will allow. The code allows 35 occupants per square foot and 60 occupants is what the code will allow. So, that's what we are showing, even though she may or may not even ever hit that point. And she is present here if Council would like to address some questions to her. So, I will stand for questions at this time and I know we do have some folks here that would like to also compliment my presentation. de Weerd: Walt, how -- how does that drop off work? How is that circulation -- they go in, drop off, and, then, back up and -- Lindgren: So, they would -- does it show up? Anyway, there is a -- there is -- generally they don't have as much staff to generate that much parking requirements for this type of building. So, the point being is that there is plenty of opportunity towards the front of the building for a drop off. We have got a handicap accessible stall and accessible pathway to the building, so there is plenty of drop off at the front of the building to offer that drop off and a turn around and go. So, again, as I mentioned, the nature of the business is not to have all kids arrive at one time, that's just -- that's just not the nature of any of these businesses and I think Janie, who is the proposed tenant, could address that better than I could. So, just on the south side of the building, to answer your question. Hoaglun: Madam Mayor and Walt, it's hard to tell here, but the width is enough to accommodate traffic coming in and out it looks like in that driveway. Lindgren: Madam Mayor, Council Member Hoaglun, that's correct. Hoaglun: Okay. And what's the approximate length of that? It's hard to -- I can't read any of the numbers there. What -- from street to the -- to the last turn into the parking lot. What's that distance? Lindgren: Council Member Hoaglun, that's the first drive? Hoaglun: The last drive one to the -- that would be to the south. Lindgren: To the south. That property line is -- you can -- I don't know if you can tell, it looks like it's in the nature of 220 feet. So, 150 1 would suspect, plus or minus, the best I can tell. de Weerd: Any other questions from Council? I will invite you back up to wrap up. Lindgren: Appreciate it, Madam Mayor. Thank you. de Weerd: Okay. This is a public hearing. Is there anyone who would like to provide testimony on this item? I do have a sign-up sheet. When I call your name and indicate Meridian City Council October 26, 2010 Page 33 of 50 your support, if you would like to come forward and provide testimony at that time, would invite you forward. Jane Sackett signed up in favor. Good evening. Sackett: Good evening. I don't know which one to talk into, so -- I'm Janie Sackett. My address is 1533 West Rainbow Trout here in Meridian. de Weerd: Thank you. Sackett: I am the owner of Raising Angels right now. I actually run an in-home at this moment. Been doing it for six, almost seven years now, and all of my parents the whole time along have said, Janie, you have got to open a center, you have got to open a center and, you know, who wants to run a daycare out of their house the whole time, it gets a little crazy. So, I have been looking for years for a place. I looked at several different locations in Meridian as I talked to Planning and Zoning. I even looked at trying to get financing to buy a place, which with the economy right now it's just not going to happen. I did talk with a bank and they said that if I could lease a building for a year that they would be willing to finance me then, but, you know, so that I can make it happen. Pretty much I -- it's -- I have got many clients I have got that want to start. As soon as everybody said, oh, Janie's starting a new daycare, all of a sudden I have got people calling me up going, hey, can I -- can I get in? And I'd say, well, we are not open yet, but I'll give you a call as soon as I can and people have been waiting for months. This is a project that we have been working on for six months now and, basically, that's -- I mean if you have any questions for me I'd love to answer them. I want to get some people to get some jobs in there, it's a building that's been sitting empty and with our economy right now that's something that I don't like seeing and it not only takes away business from me, because when my parents lose their jobs, then, I lose money and, you know, this is something that can help everybody with. de Weerd: Thank you. Council, any questions? Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: Madam Mayor and Janie, this by square footage it sounds like you could have legally up to 60. What are you looking for realistically in your business plan? Sackett: Realistically it's more between I would say around 45 children. Obviously, enrollment versus how many children show up every day between illnesses and parents having days off and scheduling, you're usually around 45 kids. I would -- that's what I'm guesstimating for. Obviously, we can have up to 60, but I would say when we would have the most children would be when school agers come back after school from 4:00 to 5:00 p.m., that's always the crazy time. They come back from school and we have more kids in the building and that would be the leeway for up to 60 children. Otherwise, during the day, you know, we could have a room with six infants, eight toddlers, ten three year olds, 12 four year olds, and probably about 12 five years olds slash Meridian City Council October 26, 2010 Page 34 of 50 kindergartners. So, you know, you're looking around 48, maybe 50 kids there and, then, school age, so -- and that's if everybody shows up, which I have been doing daycare for about eight -- well, 15 years now and that doesn't usually happen. It can happen, but -- and that's why we have that up to 60 there, but it's not always going to happen. And the other thing to consider, too, is that it's not like we are going to have 60 cars coming in every day. For example, you have families with more than one child that -- it's more common to have two children in a family than it is to have one or even three sometimes, so -- Hoaglun: And, Madam Mayor, another, Janie. How many employees -- if you have -- if you're in that 45 to 50 range -- Sackett: It would be anywhere between six and eight and, then, including myself. So, we can -- it's -- just because you have your full-time teachers during the day and, then, also have relief teachers that will come in the afternoon to send the other teachers home. Hoaglun: Because that would take up some of the parking spots, you know, and got to take that into consideration, so -- and you answered one of the questions I had and that's kind of -- if you knew of a breakdown of how many kids that are part time versus full time, because that -- there is the coming and going at different times, depending on when they are -- if they are in school or not in school, so -- Sackett: Right. de Weerd: Any further questions from Council? Thank you. Sackett: Thank you. de Weerd: Marsha Ward signed up in favor. You don't have to provide testimony if you don't want to. I'm reading these into the record, so if you would like to comment certainly I would invite you forward. Brandy Brewer signed up in favor. Hi. If you will, please, state your name and address for the record. Brewer: My name is Brandy Brewer and I currently reside at 12405 West Ingleman, Boise, Idaho. de Weerd: Thank you. Brewer: I am actually coming up -- I'm a future employee. I'm also a dear friend of Janie's and I met her -- she was actually my child care provider for my nine year old. And I know how hard it is, especially as a single parent, to find a child care that is cost effective for your family, works with your schedule and she's willing to stay open longer hours for people who work at call centers and warehousing and retail. I also know how hard it is to find quality child care that you can trust. I also have ran an in-home day care and when she says that they don't all show up, when you have a small portion of Meridian City Council October 26, 2010 Page 35 of 50 kids in your home there is usually at least one that doesn't show up. So, yeah, we will not have 60 at all times, it just -- it's not feasible. They come and go. I have been talking to the people over at -- I'm sorry, it's late. Blue Cross of Idaho. Sorry. And I have a letter here that has been sent to me. Blue Cross employees have repeatedly in their town meetings requested that Blue Cross put a daycare in their facility. Unfortunately, Blue Cross wants to be able to keep the costs down for our community and so they don't find it feasible for them or the liability of having a child care on their site and we actually have had a petition going around Blue Cross -- we have it with us -- of parents that are interested in having a child care in the area and, unfortunately, Blue Cross just isn't willing to do it. With that kind of business employees, they don't make a lot of money, they range from probably ten dollars to 15 dollars, for the most part. When you get to having child care and child care can cost anywhere from, you know, 75 dollars a week to 250 dollars a week. When you can't find child care for less than 200 dollars a week and you're only making ten to 15 dollars an hour, that takes up a third to a half of your paycheck and you cannot support your family on that. It becomes a point where it's cheaper to live off of welfare rather than have a job and these people that want to work can't, because they can't raise their change. They don't have enough money. Well, Raising Angels has always had that idea that to keep their costs low that's one reason why I went to her, although I was on the south side of Meridian, on the other side of the freeway, I also worked on the south side, I drove over to where her current residence is, because I knew that she was quality, low cost, and she would work with my schedule that I worked until 7:45. And she will continue to do that. And that is something that is very much needed in the community. She has always had St. AI's Meridian -- or St. Luke's Meridian contact her when we were previously looking for a place and I was helping her trying to find a place, talking about putting a place in Portico. Well, unfortunately, Portico they wanted you to buy the spot and she couldn't do that at the time. Scentsy has also shown interest in having her put one close by and this is, actually, a central location that the hospital, Scentsy, Blue Cross of Idaho T - Mobile is just right on the other side of the freeway. There is many areas around that have different schedules that she can help parents have child care with. And I think it's very important to enable people to continue working and support their families. de Weerd: Thank you. We appreciate your testimony. Okay. If, Cody, I say your last name wrong, forgive me. Scheon. Cody Scheon is signed up in favor. Okay. Elizabeth Schenstrom for. Schenstrom: My name is Elizabeth Schenstrom. I'll spell that for you. It's S -c -h -e -n -s -t -r -o -m. My address 2521 North Greenfield Avenue in Kuna, Idaho. 83634. de Weerd: Thank you. Schenstrom: I am for Jane Sackett and the reason I do say what Brandy had mentioned before is she does very well accommodate for the different hours. I worked at a call center, that's how I had originally found her. Just as an employee, as a parent, for the daycare that she does provide, I had the episode when I first started working that I had a two year old. My three year old now. But I had a really bad experience where Meridian City Council October 26, 2010 Page 36 of 50 he was beaten, pretty much, with welt marks. So, as a point I couldn't really afford to lose my job and a friend had referred me and said, oh, well, you should really meet her, my son's been going there for years, you know, so the first thing you want to do is take your child in and see how they react after a situation to that effect. I walked in her home, I didn't call, I just kind of randomly showed up and she was perfectly fine with that. My son came in, he looked around, she introduced herself, and he went right to her. So, that point for me had just really gave me an ease of the child care and her overall personality for my son to be able to do that, because he wouldn't go to the other daycare provider, he would cry. So, for her to be able to provide my son that sympathy and for me to explain that situation -- as you can see it still gets me a little shaken up. de Weerd: I can understand that. Schenstrom: Yeah. You know. And even to this day I have become friends with Janie Sackett. Right now I have lost my job at the call center. My husband was military, so I was able to provide and still stay at home at that time. Now I'm going to go back to school. I was a little disappointed when she said right now she doesn't have any openings, but she's going to be opening up another center, which is, hopefully, about the time I will be starting school in January. So, for her to be able to open up my child to be able to go back there again, would just be really great. And I know other parents that I know who also are military and need slightly different child care and she has a new born, she's waiting for Janie to start, because right now she has a mother -in law baby-sitting. So, as you can see kind of referral, personal reference, she's just really awesome. de Weerd: I can see she has a lot of word of mouth. Schenstrom: Yes, she does. It's her personality overall that makes her a great child care provider and she's just an overall great person. Kids love her. When you walk in and you introduce -- and she introduces herself, it's just a really amazing environment. She takes the time to introduce herself to the kids. She greets them. She says goodbye to them. My son runs and gives her a hug when he leaves, you know what I'm saying? it's just -- it's a really at-home environment. I know the center will a little bit more busy and she will be able to provide them with like the pre-school and everything. My son listens -- would listen to her great. He's just -- he listens to her, he looks at her, and when we go by to stop by and say hi and just kind of go by, because, of course, they are friends, he loves it. The first thing he does is go to her little play room and just kind of hangs out and says bye mom. He doesn't want to go home. So, I think opening the center is just great overall. I mean it's just -- I mean you don't walk into a daycare and feel where you're just totally happy that you can leave your child there and know you can go to work and they are going to be safe. de Weerd: We appreciate your comments. Elizabeth Schenstrom -- oh, that was you. I apologize. Stephanie Joralemon. Joralemon. Okay. See, I have to give that preface that I will probably mess up a number of names. So, I apologize, Stephanie. Meridian City Council October 26, 2010 Page 37 of 50 Joralemon: That's okay. My name is Stephanie Joralemon and I reside at 3968 West Park Creek Drive in Meridian. As you can tell by listening to everybody here this evening already, Janie is an amazing daycare provider and she's offering us a service in our community that is much needed in that area for parents who only work -- not only work in that area, but also for her reliability of busing our children to a local school. Everybody knows about the busing issue that a lot of us have had with the Meridian School District and so having that, being able to drop our children off with somebody in the morning and know that we can go to work and continue to do our jobs and that they will be able to safely get to school is very important to most of us parents. Also the other thing that I'd like to address is she mentioned the jobs, the creation of jobs, and I think us as a community, being a community member in Meridian and believing in my city, that it is very important for us to focus on opening our arms to any kind of small business that wants to come into our community, create jobs for our community members and for our people and I think that that's something that we need to consider here as well. We have an empty building where there is, you know, nobody out, we don't know when it's going to be filled. They said that it has been empty for awhile in a -- kind of a sticky part where there is -- there is not a lot of other businesses there and I think it would be important to offer those jobs to the members of our community who are in a great time of need. de Weerd: Thank you. We appreciate your testimony. Alicia Parker. Signed up for. Parker: Alicia Parker, 3595 North Chatterton Way, Boise. One thing, Madam Mayor and Council Members, that I would like you to consider is I'm a future occupant of the six story office building at Portico Meridian development. I'm also part of the team that is helping to construct that development. That development is one of the signature pieces to the City of Meridian. It is bringing a tremendous amount of jobs to the area that need to be supported by daycare. Quite a few of the businesses that are in that have young family members and the need for daycare is great and there are not centers in that close proximity, particularly for the people who live in Meridian to get to that area. It would be a great location, both for the people in Meridian, the people in west Boise, the people in south Boise, kind of a central location to the development that's happening there and with the expansion of that future development the need will only grow for that location. de Weerd: Thank you. Joe Fink signed up also in favor. Okay. Thank you. Any additional testimony? Okay. Walt, do you have any closing remarks? Lindgren: Madam Mayor, Members of the Council, again, Walter Lindgren with Johnson Architects. So, I think as you can tell from the testimony from the folks here, Janie runs a really — an exceptional operation there as far as daycare is concerned. I think the question for the Council is this the appropriate site for such a use and if staff wouldn't mind, again, throwing up that aerial map again, I'll just keep it simple. One graphic this time. I think one of the arguments that has come up from staff has been that this is an industrial -- light industrial use and as we know the proposed daycare center is not an allowed use in an I -L use -- or zone. I think the question that should be asked -- or Meridian City Council October 26, 2010 Page 38 of 50 ought to be asked is why was this originally designated as a mixed use designated area and I think one of the answers that I can come -- have arrived at is that this is a gateway to the city, restrictions on uses such as this daycare ought not be placed on a property such as this. It's -- it's not that this is the middle -- smack in the middle of an industrial designated area. It's really on the fringe of that area and, in fact, again, as this map would indicate, it's surrounded primarily by residential uses. There you go. That's perfect. Thank you, Sonya. So, again, I can fully appreciate staffs desire not to have spot zoning as they had mentioned in the report, but it's not as if -- I think it would be a different story if this was located square in the middle of this red -- red zone here. In fact, it's on the edge. I think provides a nice edge to the street versus having industrial uses there, frankly. So, with that I'd just stand for questions. I think it's just a good use of the property, frankly. Hoaglun: Madam Mayor, Walt, you know, we have focused a lot on this -- on this project and the daycare. The building to the east, what -- that's part of the property, it will be -- the driveway will be used for that. If there is going to be some use in that larger building, it looks like the parking lot is also for that building. What -- what's the future of that building? Lindgren: Madam Mayor, Brad -- Council Member Hoaglun, to address that, that's really a flex warehouse space and it's -- there are individual tenants that lease those spaces out. Of the half a dozen or so times that I have been over there to document photos or just to do a site observation, there is zero to none activity in the parking area. You have folks that -- I think there is various uses. I believe some of the uses are -- there is some powder coating shops there and they are primarily not uses that require outside traffic to come in as a retail would. It's primarily folks that work within their -- within the shop, have orders that are, you know, taken out at different times or what have you, but they are not -- there is not a lot of traffic by any means. The times that I have been there to observe that site it's a very low -- a very low intensive use in terms of traffic in and out of that property. Hoaglun: And also another question on the play area. I think I read somewhere that it is a sloping lot. How big is that play area to the west of the house; do you recall? Lindgren: Council Member Hoaglun -- staff, you don't mind showing the photo maybe of one of those -- I can't recall offhand the square footage. If memory serves it was roughly around 1,500 square feet total -- of that grass lawn area. Hoaglun: Yeah. Because the photo didn't show a slope per se, it -- Lindgren: Right. Hoaglun: But is there a slope of some sort that would -- Lindgren: Council Member Hoaglun, I believe there is a subtle slope, yeah. That's the west elevation. It's subtle. I don't know exactly what the grade is, but -- Meridian City Council October 26, 2010 Page 39 of 50 Hoaglun: It doesn't look like it's steep -- Lindgren: I don't think it's problematic to how they want to use that, so -- Hoaglun: Okay. Thanks. Lindgren: To answer your question. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Brad's done? de Weerd: Yeah. Rountree: Walt, you indicated in your testimony previously that you didn't have any issues with the C -C zoning that was in the staff report. I would note that it gives them a little more flexibility in terms of times of operation, which might be of benefit to them. I don't recall hearing anything about a cross -access agreements. Did you mention that? Lindgren: Madam Mayor and Council Member Rountree, there is a cross -access proposed in this, yes. Rountree: Okay. Lindgren: Cross -access and I believe cross -parking agreement between them. The property owner would still maintain ownership of both properties. But, yes, there is cross -access in that -- in that agreement. Rountree: I guess a note of caution. We haven't take action on this, but I'll just throw this out, is that you -- I agree with the concept of having daycare in these areas where there is concentration of employees. I think it's a good thing. But in an industrial area, even though it is a flex building, there could be something that's allowed and moves in there that's either quite noisy or discharges something into the atmosphere that probably would meet health department requirements, but might be kind of objectionable. So, I guess just a note of warning, depending on what happens in this building, is that those kinds of things can happen and there just needs to be an understanding that that's where you're living. Lindgren: Sure. Council Member Rountree, if I could address that, too, and to address the C -C issue. We initially proposed the neighborhood commercial and I don't have a copy of how those are designated, how they read. It just seemed to me that the C -C seemed more appropriate for what you might find along Eagle Road, for example. It addressed larger retail components and so it just didn't seem compatible. Again, I think Meridian City Council October 26, 2010 Page 40 of 50 either one would be fitting for this particular use. We were just trying to be a little bit more compatible with this particular property and to address the issue of what might happen in those adjacent -- that adjacent building, just keep in mind we currently have, you know, just a right of way across the way, we have got residential uses. So, I think everybody would certainly be hindered by any use that might otherwise be. Rountree: I understand. Lindgren: So, I mean it -- we are all kind of in that together. Rountree: Just a note of caution. Lindgren: Good point. Rountree: It happens. Lindgren: And it was a big part of the discussion of our Planning and Zoning hearing as well. Rountree: Thank you. de Weerd: Anything further? Bird: I don't. Hoaglun: Madam Mayor, I just -- not for Walt, but, actually, I just want to find out if the police chief would -- the lieutenant and the chief -- fire chief had any comments on this. Overton: I'll start off. Mayor, Members of the Council, I was the one that met with Walt on this project, because I was concerned about the narrow drive aisle and that the actual -- the way the building is constructed it looks like the front door actually exits to the north and the door to the south into the parking lot look more like a back door and our requirement was we really need to use that back door as your front door. I don't want parents and kids coming through that drive aisle or parking in that drive aisle and there were absolutely no problems -- Walt, in fact, you saw it in the drawing where they said they were not going to use the front door and they were going to use the door to the south, because that was our major concern is that we don't know or can't control what's going to come down that drive aisle for those other businesses. Niemeyer: Madam Mayor, Councilman Hoaglun, Members of the Council, we have no outstanding issue. I talked with Chief Silva about this today. They are well aware of the limit on 60 children based on the square footage. We concur with that. As well as the fact that daycares have a certain inspection type that we do different than other types of inspections. They are aware of that as well. So, we have no outstanding issues. de Weerd: Okay. Anything further from Council? Thank you. Meridian City Council October 26, 2010 Page 41 of 50 Lindgren: Thank you, Madam Mayor. Council, if you have all the information you need, I would entertain a motion. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move we close the public hearings on Item 9-D, E and F. Bird: Second. de Weerd: I have a motion and a second to close the public hearings on Item 9-D, E and F. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT.. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we approve Item 9-D, rezone 10-002, but to have the rezone to a C -C not, a C -N. Bird: Second. de Weerd: I have a motion and a second to approve Item 9-D with the changing to a C -C. Rountree: Yes. de Weerd: Discussion? Okay. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. de Weerd: Okay. Item 9-D -- E. I mean 9-E. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Meridian City Council October 26, 2010 Page 42 of 50 Rountree: I move that we approve Item 9-E, Conditional Use Permit 10-010 for the subject daycare in a C -C zoning district. Bird: Second. de Weerd: I have a motion and a second for Item 9-E. I know that there were not conditions prepared. These would be brought back at the next meeting? Watters: Madam Mayor, there are conditions in the staff report that have been prepared since the Commission meeting. de Weerd: Okay. Rountree: And that would be subject to staff conditions. de Weerd: Okay. Bird: Second agrees. de Weerd: Okay. If there is no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. de Weerd: 9-F. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we approve Item 9-D, PFP 10-003, final plat -- no. Yeah. Final plat. With the annotation of cross -access and -- that's it. Bird: Second. de Weerd: I have a motion and a second on Item 9-F to approve. Any discussion? Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council October 26, 2010 Page 43 of 50 G. Public Hearing: ZOA 10-002 for Unified Development Code Text Amendment by City of Meridian Planning Department Request: Unified Development Code (UDC) Text Amendment to Modify and Clean Up Certain Sections of the UDC de Weerd: Thank you for being with us this evening. Item 9-G is a public hearing on ZOA 10-002. 1 will ask for staff comments at this time. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a zoning ordinance amendment to amend the text of certain sections of the Unified Development Code. The purpose of the amendment is the modify, clean up, and add specific sections to the UDC that staff believes will make implementation and use of the code more understandable and enforceable. Pertinent changing to the Unified Development Code are as follows: Include construction in gravel mining in definitions and allowed use tables as a conditional use in all residential, commercial, and traditional neighborhood districts in the I -L district and a permitted use in the I -H district. Remove temporary uses as an accessory use from the table in all residential, commercial, industrial and traditional neighborhood districts. Include additional qualified site amenities for subdivisions to include small business centers and fiber optic cable. Include streetscape improvements in the standard for the Old Town district. Amendment to fence regulations to allow for utility boxes and meters to be located inside fence enclosures. Modify private street requirements to allow for limited gated residential developments with development standards at the request of Council. Modify term of permit for consistency. The same length of time at the request of City Council. Please see section seven of the staff report for a complete list of the amendments. Summary of the Commission public hearing. Planning department is in favor of this application. No one testified in opposition or commented on the application and there was no written testimony submitted. Key issues of discussion by the Commission. There was discussion pertaining to the changes to the development -- or, excuse me, definition of the adult entertainment. Key Commission changes to staff recommendation. There were none. Outstanding issues before Council. Staff has included a minor change to the specific use standards for education institutions in UDC 11-4-3-14A.3. It came to light when we discussed the recent portable classroom revisions approved by Council last month, which allowed for accessory uses to be allowed without a CZC, certificate of zoning compliance, when conducted within an existing structure and when site modifications are not proposed and/or required. That change is noted in the staff report in bold. The Commission recommended approval on this application. There has been no written testimony since the Commission meeting. Any questions that Council may have? de Weerd: Council, any questions? Hoaglun: Madam Mayor. Sonya, I just wanted to be sure when we discussed this when this was in draft stages as we are looking at it -- and that was the mining issue. It does not prohibit the normal removal of like top soil and the other things as they develop the Meridian City Council October 26, 2010 Page 44 of 50 roads and different aspects of a subdivision, moving those to another location. That doesn't fall under the definition of mining in this -- am I correct in that assessment, Pete or Sonya? Watters: The definition of construction, sand and gravel mining is proposed to be the use of a site for one or more of the following activities. The first is operating commercial grade, i.e., construction, sand and gravel pits. Two, dredging for commercial grade sand and gravel. And, three, washing, screening, or otherwise preparing commercial grade sand and gravel. Hoaglun: Okay. Great. Appreciate that. Because early on we were talking about would that be if they were selling that top soil as part of the normal removal, is that becoming a mining activity. So, I think this definition clarifies that. Watters: Okay. Friedman: Madam Mayor, Council Members, Council Member Hoaglun. I think that in combination with the changes we are proposing to the temporary construction sites on your next agenda item address that, because you are right, we did have a situation where they were doing their normal site -- or they were doing their site preparation for their development. However, they also found a market for some of the excess materials that they were taking off the site and that, in our opinion, did constitute mining -- if you will, surface mining, which the code didn't address at all in the city. So, I think between the two proposals, the amendments to the UDC and, then, the amendments to Title 3 of the city code, we should be able to capture that. Hoaglun: Great. I appreciate that work on that. Thank you. de Weerd: Any other questions, Council? Bird: I have none. de Weerd: This is a public hearing. Is there anyone who would like to provide testimony? That would be the two of you. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we close the public hearing on Item 9-G. Hoaglun: Second. de Weerd: I have a motion and a second to close the public hearing on Item 9-G. All those in favor say aye. All ayes. Motion carried. Meridian City Council October 26, 2010 Page 45 of 50 MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we approve Item 9-G with the text amendments for the UDC. Hoaglun: Second. de Weerd: I have a motion and a second. Any discussion? Hearing none, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. H. Proposed Amendments to Meridian City Code Title 3 Chapter 4 Pertaining to Outdoor Sales and Temporary Uses de Weerd: Item 9-H is discussion on proposed amendments to Meridian City Code, Title 3, Chapter 4. 1 will turn this over to Pete. Friedman: Thank you, Madam Mayor, Council Members. As we just noted in your previous action, what we have done is we have removed all temporary uses from the UDC as an accessory use, moved them into Title 3, which is -- currently takes up all kinds of other special events and temporary activities within the city. So, what we have done in conjunction with the city attorney's office is propose a definition and set of standards for temporary construction sites as a temporary use, recognizing that there is certain activities that go on there that are normal and accessory to the preparation for a site that's being developed under the approval of a plat or a CZC or something like that. It doesn't require a temporary use permit, it just acknowledges that those are activities that can occur as a temporary use, establishes some standards for that and, then, there is one other item that was a clean up item that should have been incorporated in the last go around in your review of temporary -- approval of temporary uses and that has to do with the authorization of certain special events in an area that may not be zoned for it, but with the application and approval of a temporary use permit those might be allowed. For example, you might have an empty warehouse building in an I -L zone and somebody may have a special consignment sale or ski swap or something to that effect, you could do that through the temporary use. de Weerd: Hypothetically. Friedman: Pardon me? Meridian City Council October 26, 2010 Page 46 of 50 de Weerd: Hypothetically. Friedman: Hypothetical, yes. A ski swap especially. Anyway, that was intended to be in the last update to this. It was inadvertently dropped out of the ordinance when the ordinance came to you, so we are just trying to put it back in. If Council does feel that these amendments are appropriate, then, we would need to authorize the city legal department to prepare an ordinance and bring it back for your consideration. de Weerd: Okay. Thank you. Council, any questions? Bird: I have none. Rountree: No. I think we need to move forward with them. de Weerd: Okay. Well, then, we will come back with an ordinance and you can take action at that time. Friedman: Thank you. Item 10: Continued Department Reports A. Mayor's Office: City Survey Discussion de Weerd: Thank you, Pete. 10-A is Robert. Discussion of city survey. Simison: Thank you, Madam Mayor, Members of the Council for having me here this evening. I'll try to keep this brief, but as you are aware, the city is going to begin conducting its first city survey. It's being conducted by ORC and letters will be going out to members of the community shortly with the survey process beginning following the election next week. I'm here tonight to talk to you about the -- to try to finalize the survey questions. You all should have received copies of the questions that the directors have been working on in one form or another for the last few months and I'm here to see if you have any questions regarding those questions in the survey for further input -- or input that we can put into this before moving forward with the finalization. And I have another follow-up item afterwards, but I just want to start off there. de Weerd: Council, any questions, comments? Feedback? Bird: Robert, this is the first time I have got to look at it, because what you sent it out on the computer I don't have one on my computer. If I do, I don't know how to get it. So, I have just looked at it here. It looks okay to me as a survey. It looks like it's got some good questions. Some that I don't think we need, but that's me. I think it's got some dang good questions, though. Rountree: Madam Mayor? Meridian City Council October 26, 2010 Page 47 of 50 de Weerd: Mr. Rountree. Rountree: I just have a question with ORC's track record and the -- the approach or format with this kind of electronic survey method that we are undertaking. Have they had a lot of success with it? Does it affect certain populations differently? Simison: Well, it is a combined method and the reason why they do that is they are really trying to get out the cell phone only households, which are making up about 20 percent of the households here in Idaho. So, if will be a combined where a set amount of people will be phoned directly for their responses and a certain amount will be sent letters asking them to complete the survey online, but it is primarily to get at those -- that 20 percent of the households in that fashion. What they have found in doing this is while they may be setting out to do 500 responses for us, using these methods they typically are gaining a higher number of people responding than they would if they were just hired to pick up the phone and call 500 people, because they do find that more people do go online and do this, which pushes those numbers up just a little bit. Rountree: So, I assume that there is an algorithm or a statistical formula somewhere that can differentiate between the different methods and what kind of population you have to survey to get something that's statistically valid and how you relate the population that have cell phones versus that don't have cell phones and the population that gets the letter that either doesn't have a computer or has one and doesn't use it or -- I mean it just seems a little odd to me how you'd make that work, but I have been out of that business for a few years and I'm not sure, I just was a little uneasy with that. de Weerd: They have changed their methods a lot, because the typical household has changed their methods. People are getting rid of their land lines, because they have cell phones and I'm one of those and so they want to make sure they have a good statistical sampling, so, in fact, we found in all three of our respondents the mix of the addresses and -- and the land line concept. So, that's one. Some of the questions in the survey are because they do have standard questions that they ask across the board. They do a lot of surveys for municipalities or governmental agencies and they want to be able to do comparisons from other similar size cities. So, those are some of the standard questions that maybe we weren't too crazy about as well, but if we wanted it to fall within this comparison they had to be framed the way they were framed. So, those are probably two of the difference ones that touched on some of your observations that we have probably had similar ones and have spent some time with the consultants and received feedback that addressed those concerns. Bird: My main concern, though, is, yeah, I like the comparisons, but I want to know -- want the questions that come to our city, you know, because every city is a little unique in different stuff and l think overall the questions are pretty good. There was a few in there I didn't think we need. That's probably the comparison ones that you were talking about that we do need, I guess. Meridian City Council October 26, 2010 Page 48 of 50 de Weerd: Could be. We did take to heart when we brought this as a budget item to make sure that we knew what kind of outcomes we were looking for, so this -- and this will establish our baseline. It -- it seems to work with the department directors. We had that discussion today at our directors meeting and I think overall it's a solid survey and a good start, a good basis. Simison: We did receive some comments from Councilman Zaremba, who is not here this evening, specifically requesting to put in some additional point about public transportation into some of the questions. That's from the document that you have in front of you, that's really one of the only changes, as well as on the question regarding the fire department, making sure it's clear it's not just the fire department, but also our emergency medical services are encompassed in that, so they don't think just have you had someone come put a fire out in your home. So, those are the only two changes that are really going to be given back to the company at this point in time for them to move forward. The one question that they did have for us and we talked about this at the director's meeting, comes back to that statistical question is we -- one of the things we have asked them to do is break the city up into four different areas, very similar based upon historical patterns, the south of the interstate, the downtown and, then, the north and northwest, northeast portions of the city. In doing that that will give us an idea if there are certain portions of the city which feel differently about these issues typically. I mean I think that probably south of the interstate may have different views than in the northwest part of the community. In breaking that up, one thing that the ORC wanted to find out was when they bring back that information, because the northwest does have a lot more households than the south of the interstate, if we want to -- them to give us a disproportionate sample or a proportional sample on the results. They did say that -- and the disproportionate sample, basically, means do we want to go out and survey 127 people in each one of those four quadrants or do we want to survey a proportion of the amount of people in the city in each quadrant to give the results. So, if we did 127 in each of those four quadrants, the south is going to have a lot more people replying compared to their population base. They did say that the amount of people that live in the south with the proportionate sample, they would be looking for about 56 people to respond at a minimum. That does work to give us some sort of baseline numbers that can be valid, but it is a lower number than say the northwest, which would be 168 people, roughly. So, the question -- the directors felt that going with the proportionate sample makes the most sense, because it is still statistically valid in doing it that way, but want to get your feedback on that question. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Well, my position is you do the number you need to make it statistically valid. If you do more it just costs more money and it really doesn't change the results and if you do more you can't necessarily compare the more with the less and you got to keep them on par and if it takes 160 on the north side and 50 on the south side, that's how Meridian City Council October 26, 2010 Page 49 of 50 they balance out. You don't want to do 50 on the north and 160 on the south. You don't want to do 160 on both, because, again, you're comparing different -- different results. Simison: Okay. de Weerd: One other thing I might add just in question development is the -- the consultant did have a sampling of citizens that we ran the questions by to make sure relevancy and to get an idea of -- are they -- have we framed them correctly, are they understanding what we are trying to ask, and those kind of things and did end up tweaking some of the questions as a result of that. So, I think we feel very comfortable with the approach and framing the questions and getting this out. Rountree: So, when you talked about going to have them report by district, so I guess there is going to be a query as to -- are they just going to take it from the address they for whomever they call and, then, categorize them, not let people categorize themselves? Simison: Correct. They will -- the survey company will make those determinations. Rountree: That's better. Bird: And, Robert, did I miss something? How many are we going to -- what's the total we are going to try to shoot for? Simison: Minimum of 500. Bird: Minimum of 500. Simison: Which 450 for the size of Meridian would be a statistically valid number size, so we will be over that number. Rountree: That seems pretty high to me. It's only 600 for the entire state of Idaho. Hoaglun: That's for polling, not surveys. Rountree: That's survey work. Hoaglun: Robert, when -- I notice this is kicking off November 5th, but when will they have it -- all the cost tabs and everything done? When do we expect a final report? Simison: The intention is to come back to Council before the end of the year. So, by the last Council meeting. They are aware that we typically don't have one between Christmas and New Years. So, that Tuesday beforehand it is the intention that they will be on site to deliver the results. Hoaglun: Okay. Meridian City Council October 26, 2010 Page 50 of 50 de Weerd: We will have published results around the end of the first week of February that we will post online. Hoaglun: And, Robert, last question. You're a Boise State Bronco fan? Simison: I like to watch their games, yes. Hoaglun: Well, unfortunately, in the last minute and 30 BSU let La Tech score. de Weerd: Yes. So, it's 49-20. Simison: I can say -- Bird: 49-20? I'll bet my wife is furious. Simison: For someone who may have seen some of the game, the game was not -- the game was actually closer than that score, so it will be interesting to see how people view it. Bird: Wait until Idaho. That will be a game. Akey will get those donkeys going. de Weerd: Okay. Any further questions for Robert? Simison: Thank you. de Weerd: We are at the end of our agenda. Thank you, Robert. Rountree: Move to adjourn. Hoaglun: Second. de Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:32 P.M. (AUDIO RECORDING ON FIL F THESE PROCEEDINGS) -I I C1 ./ icy MAYOR T MY de WEERD DATE APPPQVF-D . C3 ATTES . JA C E CIS`' EEkk .r Changes to the Agenda: None Item 9.A — Arch Rock Subdivision Application: Time Extension (Preliminary Plat) Summary of Request: The applicant requests approval of a second 18 -month time extension for the preliminary plat to obtain the City Engineer's signature on the final plat for Arch Rock Subdivision. The subject preliminary plat consists of 26 single-family residential building lots and 3 common lots on 4.75 acres of land. The Applicant's narrative states they have been unable to meet the time requirements specified in the UDC due to the current economic conditions and have decided not to move forward with finalizing the final plat this year. Outstanding Issue(s) for City Council: None Written Testimony: None Staff Recommendation: Approval (no new conditions) Notes: Item 9.B&C — Barletta (AZ -10-002 and PP -10-002) Location: The subject property is located on the west side of S. Ten Mile Road; midway between Tasa Drive and realigned Overland Road. Application: Annexation and Preliminary Plat Summary of Request: The request includes: 1) annexing 5.94 acres from the RI zone (Ada County) to the R-2 zone; 2) preliminary plat approval of 2 single-family residential building lots and 2 common lots on 5.80 acres in the proposed R-2 zoning district; 3) Waiver from the City Engineer to allow the existing and future residences to utilize wells and septic systems until city services are available to the site as services are approximately 1,280 feet away and 4) Council waiver not to tile the Ridenbaugh Canal and the service ditch. Two critical considerations in the Commission recommendation for denial were inconsistency with the Comprehensive Plan and the UDC: The Comprehensive Plan directs that all requests for annexation into the city limits will require city owned services The purpose statement of the Residential Districts in the UDC states that connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Further, UDC 11-3A-21 requires all development connect to Meridian water and sewer systems. Additionally, access is an issue. The existing and proposed properties take access from Davis Lane (private street) which connects to S. Ten Mile Road (arterial street). UDC 11 -3A -3A.3 requires all subdivisions to provide local street access to any use that currently takes access from an arterial or collector street. Single family homes are not intended to access from private streets (UDC 11-3F-1). Based on the lack of the public street frontage and the likelihood ACHD (communicated via e-mail attached in the staff report) would not take ownership, a public street network is predicated on other properties developing around the subject property to adequately develop an internal public street system consistent with the Comprehensive Plan and the UDC. Approving this request may lead to additional requests to subdivide similarly situated properties on Davis Lane. Commission Recommendation: Denial at their September 16, 2010 public hearing. Based on the Commission's recommendation for denial, Staff has not provided any recommended development agreement provisions. Summary of Commission Public Hearing: i. In favor: None ii. In opposition: None Commenting: Becky McKay iv. Written testimony: None Key Issue(s) of Discussion by Commission: i. Development requirements for the County and the Title 9 agreement between the County and the City. ii. Future development that may occur in the area and increased traffic. iii. Driveway location in close proximity of Ten Mile Road. Key Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. Non compliance with the Comprehensive Plan and UDC - Annexing the property without connection to city services and public street access. ii. The applicant is requesting City Council waive the requirement for tiling a service ditch and the Ridenbaugh Canal in accord with UDC 11-3A-6. iii. If the subject applications are approved, Staff requests the item be continued to allow staff time to develop appropriate DA provisions to be reviewed during the next hearing. Written Testimony since P/Z Meeting: None Notes: Item 9.1), E, F — Raisin Angels (RZ-10-002, CUP -10-010, PFP-10-003) Location: The site is located on the south side of Pine, '/ mile west of Locust Grove at 1125 E. Pine Avenue. Applications: ➢ Rezone: Rezone of 0.43 acre portion of the site from I -L to C -N ➢ Conditional Use Permit: CUP for a 2,187 square foot daycare center for up to 60 children in a proposed C -N zoning district ➢ Preliminary/Final Plat: A combined preliminary & final plat consisting of 2 building lots on 0.96 of an acre History of Previous Actions: ➢ A Certificate of Zoning Compliance was approved in 2007 for a new multi -tenant industrial building on this site with an existing accessory office building in which the daycare is currently proposed. Summary of Request: The applicant proposes to rezone the northwest portion of the property that contains the existing structure where the daycare is proposed to C -N; the remainder of the property where the industrial building is located will remain I -L. A daycare for up to 60 children is proposed on the portion of the site proposed to be zoned C- N. A combined preliminary/final plat is proposed to divide the property in accord with the zoning boundary into 2 lots. Access: A driveway access to the site exists via Pine Avenue & serves both of the proposed lots. Commission Recommendation: Approval at their September 16, 2010 public hearing. Summary of Commission Public Hearing: i. In favor: Walter Lindgren; Jayne Sackett; Alicia Parker; Matthew Martin; Desiree Johnson; Stephanie Joralemon; and Shannon Stone ii. In opposition: None iii. Commenting: None iv. Written testimony: Walter Lindgren, Applicant (response to the staff report) Key Issue(s) of Discussion by Commission: i. Future land use map designation of Mixed Use — Community vs. I -L zoning; ii. Importance of retaining industrial zoned property for industrial uses; and iii. The intensity of the types of uses allowed in the C -N vs. the C -C zoning district; Key Commission Change(s) to Staff Recommendation: The Commission recommended approval of the RZ & CUP (& PFP) with no modifications to the staff report as requested by the applicant. Staff had recommended denial of the RZ & CUP and approval of the PFP. Outstanding Issue(s) for City Council: Because staff recommended denial of the RZ & CUP, no conditions of approval for those applications were included in the staff report reviewed by the Commission. Since the Commission hearing & their recommendation of approval of the RZ & CUP, staff has revised the report to include conditions of approval for those applications (see Exhibit B). Note: The Commission did not review or recommend approval of these provisions/conditions. Written Testimony since P/Z Meeting: None Notes: Item 9.G — Unified Development Code Text Amendment (ZOA-10-002) Application: ➢ Zoning Ordinance Amendment to amend the text of certain sections of the UDC Summary of Request: The purpose of the amendment is to modify, clean up, and add specific sections to the UDC that Staff believes will make implementation and use of the UDC more understandable and enforceable. Pertinent changes to the UDC are as follows: • Include construction & gravel mining in definitions and allowed use tables as a conditional use in all residential, commercial, and traditional neighborhood districts and I -L district; permitted use in I -H district. • Remove temporary uses as an accessory use from the table in all residential, commercial, industrial, & traditional neighborhood districts. • Include additional qualified site amenities for subdivisions to include small business centers and fiber optic cable. • Include streetscape improvements in the standards for the Old Town district. • Amendment to fence regulations to allow for utility boxes & meters to be located inside fence enclosures. • Modify private street requirements to allow for limited gated residential developments with development standards at the request of Council. • Modify term of permits for consistency (the same length of time) at the request of City Council. Please see Section VII of the staff report for a complete list of the proposed UDC amendments. Summary of Commission Public Hearing: i. In favor: Planning Department ii. In opposition: None iii. Commenting: None iv. Written testimony: None Key Issue(s) of Discussion by Commission: i. Discussion pertaining to changes to the definition of adult entertainment. Key Commission Change(s) to Staff Recommendation: None Outstanding Issues before Council: Staff has included a minor change to the text in UDC 11-4-3-14A.3 that came to light when we discussed the recent portable classroom revisions approved by Council last month (changes noted in bold). Commission Recommendation: Approval Written Testimony since P/Z Meeting: None Notes: Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of October 5, 2010 City Council Regular Meeting MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approve Minutes of October 12, 2010 City Council Pre -Council Meeting MEETING NOTES A-I�Pruv e A CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Approve Minutes of October 12, 2010 City Council Workshop Meeting MEETING NOTES P-Ppyiw ed CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Personal Services Agreement for the Meridian Historical Preservation Society with Elysia- Rose Nary for a Not -to -Exceed Amount of $1,000.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 0�� — I ® ag o rkq\ no.1 -}a S v� ,re AGREEMENT FOR PERSONAL SERVICES MERIDIAN HISTORICAL PRESERVATION COMMISSION THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this a (6- day of October , 2010, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Elysia-Rose Nary hereinafter referred to as "INDEPENDENT CONTRACTOR", whose address is 2140 N. Todd Way, Meridian, 1D 83646. INTRODUCTION Whereas, the City has a need for services involving transcribing historical minute books of the City of Meridian into the Meridian Historical Society database, and WHEREAS, the Independent Contractor is trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Services: 1.1 INDEPENDENT CONTRACTOR shall perform and furnish to the City the following services: Transcribe historical minute books of the City of Meridian into the Meridian Historical Society database as assigned by Lila Hill. Create and catalog a database of historical data. The work may be performed on a flexible schedule as coordinated with Lila Hill with no minimum number of hours per week. The work may be performed until completed or the number of hours worked reaches the not to exceed amount. The work shall be performed in the office of the Historical Preservation Society or other suitable location in Meridian City Hall. 1.2 All documents, drawings and written work product prepared or produced by the Independent Contractor under this Agreement, including without limitation electronic data files, are the property of the City. AGREEMENT— page 1 of 5 r`r 1.3 The Independent Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by Lila Hill and the Meridian Historical Preservation Society. 2. Consideration 2.1 The Independent Contractor shall be compensated on an hourly basis at a rate of $7.25 per hour, not to exceed $1,000.00 or 138 hours. Independent Contractor shall submit a monthly invoice certifying the number of hours worked to the Department of Finance by the last day of each month worked. 2.2 The City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Independent Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Independent Contractor. 2.3 Except as expressly provided in this Agreement, Independent Contractor shall not be entitled to no receive from the City any additional ,,..� consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, or transportation. Specifically, Independent Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Independent Contractor: 3.1 In all matters pertaining to this agreement, INDEPENDENT CONTRACTOR shall be acting as an independent contractor, and INDEPENDENT CONTRACTOR will not be deemed an employee of CITY. Independent Contractor has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 3.2 Independent Contractor shall determine the method, details and means of performing the work and services to be provided by Independent Contractor under this Agreement. Independent Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, AGREEMENT— page 2 of 5 shall not be subjected to City's control with respect to the physical action or activities of Independent Contractor in fulfillment of this Agreement. 4. Indemnification: INDEPENDENT CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the INDEPENDENT CONTRACTOR and not caused by or arising out of the tortious conduct of CITY or its employees. 5. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Elysia-Rose Nary 2140 N Todd Way Meridian, ID 83646 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 6. Assignment: It is expressly agreed and understood by the parties hereto, that INDEPENDENT CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 7. Discrimination Prohibited: In performing the Services required herein, INDEPENDENT CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or .-. ancestry, age or disability. AGREEMENT— page 3 of 5 8. Compliance with Laws: In performing the scope of services required hereunder, INDEPENDENT CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 9. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of INDEPENDENT CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and INDEPENDENT CONTRACTOR, shall be incorporated in written amendments to this Agreement. 10. Termination: If, through any cause, INDEPENDENT CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to INDEPENDENT CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. INDEPENDENT CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. 11. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 12. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 13. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 14. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. AGREEMENT— page 4 of 5 ,ITY OF MERIDIAN 'ely e:n- I TAMMYe . MAYOR Attest: Elysia-Rose Nary, A minor child BY: COt< F� OIL? ed: ¢t 3�1 ' N, CITY f:r ! r }t or Guardian AGREEMENT— page 5 of 5 Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Remaining Balance to Task Order 10010 with CH2M Hill (Master Agreement Dated April 13, 2010) for Engineering Design Services of the Ground Reservoir #2 Project for a Not -to - Exceed Amount of $65,613.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS N0 S1gn0t'v>res�I^ WCOS a P>'XC4 E IDIAN1-- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Worthington, P.E. DATE: October 5, 2010 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: REMAINING BALANCE TO TASK ORDER 10010 WITH CH2MHILL (MASTER AGREEMENT DATED 4-13-2010), FOR ENGINEERING DESIGN SERVICES OF THE GROUND RESERVOIR #2 PROJECT FOR A NOT -TO -EXCEED AMOUNT OF $65,613.00 (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: Approve the remaining balance to Task Order 10010 with CH2MHILL for Ground Reservoir #2 Engineering Design Services for a not -to -exceed amount of $65,613.00. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Clint Worthington, Staff Engineer (Project Manager) 489-0349 Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background The Meridian water system currently has 2.5 million gallons of available storage that is provided by a 0.5 million gallon elevated tank and a 2 million gallon ground -level tank with booster pumps. According to the Water Master Plan Update of 2006, the City needs to begin design and construction of a 2 million Page I of 3 gallon storage facility in 2010. When combined with the City's existing 2.5 million gallon storage capacity the proposed 2 million gallon storage facility, along with additional planned supply wells, will provide enough system -wide storage capacity to satisfy the anticipated peaking and fire fighting requirements through 2025. B. Proposed Project This task order will provide the City of Meridian with engineering design services for a 2 million gallon storage reservoir and booster pumps. The reservoir and boosters will be located on the recently purchased property near the intersection of Locust Grove and Victory along Ten Mile Creek. Included with the construction of the reservoir and booster pump station, a pathway and landscaping will be constructed along Ten Mile Creek. C. Consultant Selection The consultant was chosen from the recently selected professional engineering services roster due to their familiarity with the project scope and quality of the service they have provided in the past for the City. IV. IMPACT A. Strategic Impact: Design and construction of the reservoir and booster pumps will ensure the City meets the strategic objective to develop infrastructure and programs to effectively provide uninterrupted water supply and fire suppression. B. Service/Delivery Impact: The reservoir will provide water storage that will increase the redundancy and robustness of the City's water system and decrease our dependence on instantaneous pumping capacity. The reservoir will provide flows at peak and emergency periods. It will provide the instantaneous pumping capacity equivalent to several wells. D. Fiscal Impact: The Ground Reservoir enhancements for FY 2010 and FY 2011 were approved for $100,000 each year. The project consultant agreement for FY 2010 was $100,000, with an additional $65,613 in FY 2011. We are requesting the remaining $65,613 this fiscal year to finish the design portion of the project. Page 2 of 3 Project Design Costs Consultant Agreement Not -to -exceed 2010 Portion 2011 Portion Project Funding Ground Reservoir (3490-96107) Fiscal Yr 2010 Ground Reservoir (3490-96107) Fiscal Yr 2011 VI. TIME CONSTRAINTS $165,613 $100,000 $65,613 $100,000 $100,000 The design of the reservoir and booster pump station has an expected completion date of December of 2010. Council's approval of this task order allows the design to be completed in calendar year 2010. The above schedule keeps the budget and project completion rate on track with the Capital Improvements Plan. Construction of the reservoir has been postponed to 2013, which allows time for regulatory agency review and approval, annexation of the property, and neighborhood meetings to address neighboring property owner's concerns/comments. VII. LIST OF ATTACHMENTS A. Original Task Order 10010 with CH2MHILL for Ground Reservoir #2 Engineering Design Services. Approved for Council Agenda: Page 3 of 3 /Q//0 Dat EIDIAN,'=-- AHO, PURCHASING MANAGER 33 E. Idaho Ave, Meridian, ID 83642 Phone: (208) 489-0416 Fax: (208) 8874813 TASK ORDER NO. 10010 Between CITY OF MERIDIAN AND CH2M HILL This Task Order is issued by City and accepted by the Engineer pursuant to the mutual promises, covenant and conditions contained in the Master Agreement between the above mentioned parties dated April 13, 2010. Ground Reservoir #2 Task Order 10010 Project Understanding The City plans to construct a new potable water storage reservoir and booster pump station on the parcel of land approximately 800 feet south of East Victory Road and immediately east of South Locust Grove Road. It is expected that the above -grade reservoir will have a storage capacity between 2 and 3 million gallons. The reservoir will be constructed of welded steel. The design of the new booster pump station is expected to be similar to the pump station located adjacent to the existing Ustick Reservoir. The pump station will house the following systems and components: booster pumps; chlorination equipment; mechanical, electrical, and plumbing systems; level sensor instrumentation and booster pumps SCADA controls; and standby generator. Planning will also be included for a future well to be constructed on the site adjacent 11 MAY 2010 PAGE 10P 15 to the pump station. The pump station will be designed for future expansion to include the well house. Site work for the project is expected to include the following construction: distribution and supply piping on the reservoir site; excavation and fill; finished grading; access roadway; sidewalks; site drainage; fencing; and minimal landscaping. The site design will also include a new asphalt path for pedestrians and bicyclists. The path will be located on the north side of Ten Mile Creek and will be designed in accordance with the recommendations of the Meridian Pathways Master Plan (dated January 2010). It us our understanding that the proposed site is currently unincorporated but that the City will annex the property, and that the project will therefore be designed according to City planning & zoning requirements (as opposed to Ada County requirements). It is also our understanding that the City owns all property associated with this project, and that no rights-of-way or easements will be required. A topographic survey and a geotechnical field exploration will be performed so that the planned facilities can be properly designed and located on the site. A geotechnical evaluation of the site will be performed to gather site-specific subsurface information and collect soil samples for classification and laboratory testing. The site will also be surveyed for wetlands or other sensitive areas. These sensitive areas will be delineated on the final site plan, and the contractor will be required to take necessary steps to protect these areas. The proposed location of the reservoir and pump station is located in the floodplain of Ten Mile Creek; the project is therefore required by the Federal Emergency Management Agency (FEMA) to perform a flood analysis to evaluate impacts associated with the reservoir and pump station construction. A hydraulic model will be produced based on existing modeling to be furnished by FEMA. CI -12M HILL understands that the City has contacted the US Army Corp of Engineers (USACE) to determine if they would have interest in funding a portion of the project. Since the USACE has not responded at the time of the preparation of this scope, CI -12M HILL has assumed that the USACE will not be involved in the project. This task order would need to be amended to include any project changes or impacts associated with USACE involvement in the project. Scope of Work CI -12M HILL will perform the tasks for the design of the new reservoir and booster pump station as outlined below. Task 1 --Project Management 1.1 Staff Management and Task Coordination Project management will consist of supervising project staff, holding consultant staff coordination meetings, documenting meeting decisions and action items, and assigning activities to team members. 11 MAY 2010 PAGE 2 OF 15 1.2 Monitor Project Progress Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion. Monitor project activities for potential changes, anticipate changes when possible, and with City approval, modify project tasks, budgets, and approach. 1.3 Invoices Prepare and submit invoices for services performed on a monthly basis, including a brief summary of work completed. 1.4 Project Quality Control Coordination and facilitation of project quality control reviews of all deliverables on this project. Senior technologists will be involved in the work tasks and perform necessary reviews at deliverable milestones. 1.5 Opinions of Probable Costs. An opinion of probable construction cost will be prepared at each of the preliminary design and 90% design submittals to the City. 1.6 Schedule Evaluation An evaluation of the anticipated project schedule will be prepared at each of the preliminary design and 90% design submittals to the City. The schedule evaluation will include the remainder of design tasks to be completed, bid and award, equipment delivery (if long lead time), and construction schedule. Long lead items will be identified for possible pre -purchase. Task 1 Assumptions: Duration of design phase for this Task Order assumed to be 6-7 months. Task 1 Deliverables: • Opinions of Probable Cost (at Preliminary and 90% design submittals) • Estimated Project Schedule (at Preliminary and 90% design submittals) Task 2—Preliminary Design of Reservoir and Booster Pump Station 2.1 Site Visit CH2M HILL will conduct one site visit to take photographs of the existing site and to generally become familiar with the site and topography. CI -12M HILL will rely on the City for any as -built information regarding buried utilities. 2.2 Hydraulic System Modeling Coordination It is our understanding that the City will perform all necessary hydraulic modeling required. CI -12M HILL will coordinate with City personnel regarding the system 11 MAY 2010 PAGE 3 OF 15 hydraulic parameters that will be needed in order to complete the remaining subtasks listed below. These parameters are expected will include, but may not necessarily be limited to, the following: • Maximum and minimum reservoir filling rate • Maximum reservoir drafting rate • Desired normal operational water level in the reservoir • Minimum water level in the reservoir during maximum demand • Overflow elevation • Turnover rate of reservoir during average demand • Pumping pressures and flow rates • Pressure zone boundaries • Operational preferences on pump configuration and sizes CH2M HILL will coordinate with the Nampa & Meridian Irrigation District regarding a permit for a discharge to Ten Mile Creek on the proposed site. It is our understanding that the discharge will be used only for pump -to -waste flows and for emergency overflow from the reservoir. 2.3 Prepare Preliminary Drawings and Specification List CH2M HILL will prepare a preliminary site plan showing the approximate location and size of the reservoir and booster pump station. The site plan will also show preliminary design concepts for major distribution and supply piping and major site construction features such as access road, sidewalks, fencing, and pedestrian path. A preliminary floor plan of the booster pump station will also be prepared showing the schematic layout of major mechanical equipment and piping components. CH2M HILL will prepare a preliminary list of specifications that will be used for the final design of the reservoir and pump station. 2.4 Project Meetings Following the City's review the deliverables for Task 2, CH2M HILL will participate in a project review meeting with the City to discuss the recommendations made in the preliminary design deliverables and the City's review comments. This project review meeting will form the basis of understanding for the final design effort for the project. All key decisions regarding site layout, facility layout, and major equipment are expected to'be confirmed before or during this project review meeting. Task 2 Assumptions: • A maximum of 2 CH2M HILL personnel will attend the site visit. • Up to 2 CH2M HILL personnel will attend the project review meeting. • The reservoir will be constructed of welded steel; no additional analyses will be conducted for alternate tank materials. • CH2M HILL will not be in attendance at public outreach meetings. • The deliverable document for Task 2 may precede the deliverables for Task 5 in order to meet the overall design schedule desired by the City. Task 2 Deliverables: 11 MAY 2010 PAGE 4 OF 15 • Preliminary drawings and project specifications list • Project review meeting notes in electronic format Task 3—Geotechnical Site Evaluation CH2M HILL will perform a geotechnical site exploration to gather site -speck subsurface information and collect soil samples for classification and laboratory testing. The field exploration at the site will consist of two shallow soil borings and one deeper soil boring. The shallow borings will be advanced, one each, at the anticipated reservoir location and at the anticipated booster pump station location. The deeper boring will be advanced at the anticipated reservoir location. The shallow soil borings will be advanced using hollow -stem auger drilling methods, to auger refusal or to a depth of approximately 15 feet, whichever is shallower. The deeper soil boring will be advanced using hollow -stem auger drilling methods, to auger refusal or to a depth of approximately 40 feet, whichever is shallower. It is assumed that all of the boring locations can be accessed by a truck -mounted drilling rig. Standard Penetration Testing and split -spoon soil sampling will be performed at 2.5 - foot intervals to a depth of 10 feet, and at 5 -foot intervals thereafter, in order to evaluate the soil relative density and consistency. A CH2M HILL geotechnical engineer or engineering geologist will oversee the work of a subcontracted driller, will log the borings, and will make field characterizations of the samples. If ground water is encountered in any of the borings, the depth to the water surface will be noted in the field logs. A limited laboratory testing program will be performed on collected soil samples in order to evaluate index properties of the soil. If rock is encountered within the depth of the proposed construction, or if very weak or problematic soils are encountered, additional testing may be recommended (at additional cost). CH2M HILL will perform engineering analysis to develop recommendations for site seismic classification, presumptive allowable bearing pressures, lateral earth pressures, and construction issues. A brief geotechnical engineering technical memorandum will be prepared for internal CH2M HILL use in designing the facilities on site. Final borehole and test pit logs and an exploration location plan will be included in the report. If additional rock coring or laboratory testing is recommended based on actual subsurface conditions encountered, authorization will be sought prior to performing either of these activities. Task 3 Assumptions: • In subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, explorations, and investigations are made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total project cost or execution. If conditions change that 11 MAY 2010 PAGE 5 OF 15 require additional exploration and analysis, the scope and budget will be adjusted by amendment to add these additional services. • Installation of a test well or monitoring well is not included in this scope of work. Task 3 Deliverables: None Task 4—Site Survey 4.1 Topographic Survey of Reservoir and Pump Station Site CH2M HILL will contract with Critigen to perform a field survey of the proposed site in order to determine existing field conditions, including surface features, non -buried utilities, and utilities marked by Idaho DigLine. The final internal product of the site survey will be a digital terrain model (DTM) and a site base map with 1 -foot contours. Horizontal and vertical control locations of the proposed geotechnical exploration points (borings) will be collected, and these locations will be staked so that the adjacent buried utilities can be marked by Idaho DigLine for buried prior to drilling operations. 4.2 Topographic Survey of Ten Mile Creek CH2M HILL will contract with Critigen to perform a survey of the adjacent Ten Mile Creek in order to obtain the data necessary to complete the flood modeling effort described in Task 5. The survey will provide a maximum of 11 creek cross sections that will be used in conjunction with the site base map described in the previous subtask. Task 4 Assumptions: • The site survey will be performed using real-time kinetic (RTK) global positioning system (GPS) equipment. • A maximum of 4 control points will be set or identified for construction survey control. • The site survey will be limited to the area of approximately 4.0 acres (the limits of the proposed property), with the following exceptions: • The cross section of Ten Mile Creek will be surveyed along a maximum of 11 distinct lines extending away from the creek centerline in both directions to the approximate extents of the 500 -year flood plain, along with bridge and culvert geometry at South Locust Grove Road. • The site survey will be tied into at least two existing FEMA reference markers • Underground utilities will be located by Idaho DigLine prior to the survey. a CH21VI HILL cannot be held responsible for non-performance, inaccuracies, or omissions of Idaho DigLine utility locates. Task 4 Deliverables: The site base map will be made available to the City upon request. 11 MAY 2010 PAGE 6 OF 15 Task 5—Ten Mile Creek Flood Analysis and Modeling The proposed location of the reservoir and booster pump station is located in the floodplain of Ten Mile Creek (see Exhibit 1). Potential flood impacts associated with the reservoir and pump station will be assessed using standard flood analysis and modeling. As part of the flood analysis, hydraulic models will be produced using existing data to be fumished by FEMA or the City of Meridian, limited site-specific topographic information, and direct communication with Meridian (and potentially Ada County). Exhibit 9: FEMA Flood Insurance Rate Map (FIRM) of Area of Interest for Flood Analysis Results from the flood analysis will be summarized in a brief technical memorandum (TM) that will be used to iteratively guide the reservoir design. The technical memorandum will contain the basic hydraulic information that might ultimately be required by Meridian and FEMA to initiate revision of the flood boundaries (map revision) shown in the flood insurance rate map (FIRM). After the project has been constructed, CH2M HILL anticipates the City of Meridian may be required by FEMA to request a map revision by submitting a Letter of Map Revision (LOMR). Consistent with the City's request that services during construction be included in subsequent phases of work, preparing the LOMR that would rely on post -construction as -built data is beyond the scope of services of this agreement. However, CH2M HILL can provide such services during a future task order as requested by the City. 5.1 Obtain and Evaluate FEMA Effective Model to Establish a Corrected Effective Model CH2M HILL will obtain and review the current Effective Model provided by FEMA. The Effective Model is assumed to be the HEC -RAS model revised to reflect the LOMR effective 11 MAY 2010 PAGE 7 OF 15 19 ` WYOrmlotI m¢z 20 ®.x.�a.W*AM �+osa.yria -Wit,... w.M_.,.. ®I"%= ova AM Wy t�ao-wrrbo*Aq MomY Ab o„tTen Mile Creek � Area of Interest for Flood Analysis FEVIs Gnaw pma IN ADA COUNTY "NM RASABEAS FIRM tl 16MI RIRmU�yc amom mNe z 309 M . :AIW ZMX �AIIB 2pin=—I 1.Ia7 &7 1 Results from the flood analysis will be summarized in a brief technical memorandum (TM) that will be used to iteratively guide the reservoir design. The technical memorandum will contain the basic hydraulic information that might ultimately be required by Meridian and FEMA to initiate revision of the flood boundaries (map revision) shown in the flood insurance rate map (FIRM). After the project has been constructed, CH2M HILL anticipates the City of Meridian may be required by FEMA to request a map revision by submitting a Letter of Map Revision (LOMR). Consistent with the City's request that services during construction be included in subsequent phases of work, preparing the LOMR that would rely on post -construction as -built data is beyond the scope of services of this agreement. However, CH2M HILL can provide such services during a future task order as requested by the City. 5.1 Obtain and Evaluate FEMA Effective Model to Establish a Corrected Effective Model CH2M HILL will obtain and review the current Effective Model provided by FEMA. The Effective Model is assumed to be the HEC -RAS model revised to reflect the LOMR effective 11 MAY 2010 PAGE 7 OF 15 July 7, 2008 as indicated on the FEMA website. Results from the Effective Model will be compared to published Base Flood Elevations (BFE's) to ensure that the LOMR was recorded properly and is consistent with city and county floodplain administrator records. Hydrologic and hydraulic modeling parameters will be checked for accuracy and consistency with published values in the Flood Insurance Study (FIS) and documentation associated with the LOMR effective July 7, 2008. Necessary changes will be applied to the Duplicate Effective model and this resulting model will be considered the Corrected Effective Model. If results match within 0.1 feet, the model will be considered a Duplicate Effective model. If any discrepancies greater than 0.1 feet are noted, CH2M HILL will discuss the noted discrepancies with the City and the Ada County floodplain administrator and establish a plan for addressing the noted differences to develop a Corrected Effective Model. 5.2 Collect Existing Conditions Data So that the Effective Model accurately reflects topographic and structural information speck to the project site, additional topographic survey data will be collected. Specifically, the following cross-section and structural data will be collected as a sub -task to the larger site topographic survey (see also subtask 4.2): • Up to 2 cross-sections upstream from the property. • Up to 5 cross-sections within the property. Up to 3 cross-sections downstream from the property. • 1 culvert (South Locust Grove) downstream from the property. Given the published FEMA maps, it appears that effective cross-sections are located upstream and downstream from the project site, so no additional cross- sections (beyond the number listed above) will be collected from those areas so that modifications to the Effective Model are minimized. 5.3 Create HEC -RAS Existing Conditions Model CH2M HILL will update the Corrected Effective Model to reflect current conditions using the topographic survey data gathered as part of Task 4. Specifically, CH2M HILL will update cross section information and/or culvert dimensions that are collected as part of the topographic survey collection effort. 5.4 Create HEC -RAS Proposed Conditions Model CH2M HILL will update the Existing Conditions Model to reflect proposed site conditions. Up to three Proposed Conditions Models will be developed. Specifically, CH2M HILL will modify the existing conditions digital terrain model (DTM) to represent grading changes associated with the proposed development of the reservoir and booster pump station. The existing DTM model and site map will be generated as a part of Task 4. The Proposed Conditions Models will include two different scenarios reflecting different on-site modifications. The scenarios are summarized below: • Scenario 1 - On-site re -contouring with no changes to the South Locust Grove Road culvert. 11 MAY 2010 PAGE 8 OF 15 • Scenario 2 — On-site re -contouring with larger capacity box culvert (or similar structure to be determined) at South Locust Grove Road. Grading concepts may include primarily floodplain re -contouring to increase conveyance to the extent that construction of the proposed reservoir and pump station results in no or minimal changes to BFEs. As such, grading or proposed changes to the channel or banks will not be performed unless necessary to complete the reservoir and booster pump station project. If it is determined that revisions to the channel or banks are necessary, CI -12M HILL will discuss the findings with the City and establish a plan for addressing the issue. Addressing revisions to the channel alignment or profile are considered beyond the scope of services of this agreement. Results from the flood analysis will be summarized in the technical memorandum. The memo will summarize the model results from the Effective and Existing Conditions models, as well as the preferred Proposed Conditions scenario. A figure depicting the 100 -year, and 500 -year floodplain boundaries for the preferred proposed conditions scenario will also be included. 5.5 Flood Analysis Stakeholder Facilitation CI -12M HILL has assumed that the City will take the leadership role to coordinate with various stakeholders regarding the flood analysis results and potential impacts. Such stakeholders may include Ada County, FEMA, and other City departments. CI -12M HILL will not be providing stakeholder facilitation services under this subtask. Task 5 Assumptions: • Ada County may need to jointly review this hydraulic study project because the applicant is the City of Meridian. • There is an existing, accessible HEC -RAS model that FEMA relied on to publish the FIRM. • There are existing, accessible HEC -RAS models that formed the basis of the 2008 and 2009 LOMR's in the project vicinity. These models can be spliced into the FEMA HEC -RAS model with minimal complication. • The City will provide guidance for the design and construction of a pedestrian path as it relates to site grading and floodplain grading for the Proposed Conditions model. • Meridian's Floodplain Development Permit will be administered internally outside of this scope of services. • Task 5 Deliverables: • Flood analysis technical memorandum (final hydraulic report and work map can be provided under a subsequent task order if required for City documentation or for if a FEMA LOMR is required). 11 MAY 2010 PAGE 9 OF 15 Task 6—Final Design 6.1 Preliminary Engineering Report A Preliminary Engineering Report summarizing the preliminary design effort will be prepared in accordance with IDAPA 58.01.08, Idaho Rules for Public Drinking Water Systems, and submitted to IDEA. The report will reflect any key decisions made at the project review meeting at the conclusion of Task 2. The Preliminary Engineering Report may include the following sections: • Existing System • Location • Size • Water Quantity • Storage • Operating Pressure • Hydraulic Analysis • Sources of Water • Sewage • Treatment Wastes • Monitoring Results • Community Systems • Potential Contamination • Flooding • Additional Information It is noted that not all of the above sections will be applicable to this project, and will be characterized as such in the report. Furthermore, some of the sections will simply refer to the City's water master plan for applicable information. CH2MHILL will submit the draft report to the City and to IDEA Boise Regional Office for review and approval. 6.2 90% Design Documents Preparation CH2M HILL will advance the design of the project and will incorporate comments from the City from the previous Subtask in order to produce approximately 90% complete drawings and specifications. A project review meeting will be held following the City's review of these documents, as outlined in Subtask 6.4. 6.3 Final Fix -up and Contract Documents Preparation CH2M HILL will provide final fix -up of the drawings and specifications based on the City's comments from the previous Subtask. Bid documents, in the form of and one set of electronic files and 4 sets of printed documents (drawings printed at half-size), will be delivered to the City. Electronic bid documents will be delivered in Portable Document Format (PDF). 11 MAY 2010 PAGE 10 OF 15 6.4 Project Review Meetings Four copies of 90% complete project documents will be provided for the City's review and comment. A project review meeting will be conducted following the City's review of the submittal. Owner's Comments will be incorporated into the project documents. Estimated Sheet Lists The list below provides an estimate of the drawing sheets to be included in the final design phase. 1 Location Map and Index to Drawings 2 Civil and Architectural Legends 3 General Structural Notes 4 Statement of Special Inspections —1 5 Statement of Special Inspections — 2 6 Statement of Special Inspections — 3 7 Mechanical Legend 8 Electrical Legend 9 Site Location and Grading Plan 10 Path Plan and Details 11 Landscaping and Irrigation Pian 12 Yard Piping Plan 13 Reservoir Foundation Plan and Notes 14 Reservoir Roof Plan 15 Reservoir Section and Column Details 16 Reservoir Piping Encasement and Support Sections 17 Reservoir Details 18 Structural Details 19 Pump Station Architectural Plans and Elevations 20 Pump Station Arch/Strutt Sections and Details 21 Pump Station Piping Plan and Sections 22 Reservoir and Pump Station Mechanical Details 23 Pump Station Electrical Site Plan and 1 -line Diagrams 24 Pump Station Electrical Process Plan 11 MAY 2010 PAGE 11 OF 15 25. Pump Station Electrical Facility Plan 26 Pump Station Electrical Details and Diagrams 27 Pump Station Electrical Details and Diagrams Task 6 Assumptions: • Prior to the start of the final design task, the City will provide CH2M HILL with all information available on existing utilities located on the proposed site. • The City will annex the property; all design will be performed according to City planning and zoning requirements (not Ada County requirements). • The City will coordinate all of the requirements and comments from internal City departments and division (Parks and Recreation, Planning and Zoning, etc.) and provide such requirements and comments to CH2M HILL. • The City will perform all necessary coordination with Nampa & Meridian Irrigation District and will pay directly for any license agreement fees related to the project. • The City will provide CH2M HILL with the manufacturer's name and model for the required remote terminal unit (RTU) to be used for the City's SCADA system. CH2M HILL will specify the requested RTU and will show controls wiring terminating at this location. The City will contract separately with a third party to program the system after the contractor has installed all necessary systems and wiring. • The new pedestrian and bicycle bike path will be located on the north side of Ten Mile Creek and the limits of the design will be from the east side of South Locust Grove Road to the east property boundary. • Design of a new, enlarged culvert at South Locust Grove Road is not included in this scope of work. However, if the flood analysis indicates that a larger culvert would be an effective flood mitigation option, the scope and budget for the design of a new culvert could be added by amendment to include this task at the City's request. • CH2M HILL will show locations of wetlands and other sensitive areas on the final site plan. The selected contractor will be responsible for preparing the storm water pollution prevention plan (SWPPP) and for determining necessary measures to protect the identified sensitive areas. • Since all key decisions regarding site and facility layout, materials of construction, and major equipment will be confirmed at the time of the preliminary design submittal, it is assumed that comments received from the City on the 90% submittal will be of a minor nature that will not require significant redesign. • Technical specifications will be based on CH2M HILL master specifications, conforming to Construction Specification Institute (CSI) MasterFormat 2004 (49 -division format). • Drawings will be prepared in Microstation using CH2M HILL CAD standards. 11 MAY 2010 PAGE 12 OF 15 City will provide compiled written comments on the 90% design submittal in a timely manner. City will file all required permit applications and pay any associated fees. This scope of work is for the outlined design services only. Services during the bid period and engineering services during construction (submittal review, responding to RFI's, construction observations, record drawings, etc.) will be included in a separate task order. Task 6 Deliverables: • One electronic copy (PDF) and four printed copies of the Preliminary Engineering Report, delivered to both the City and IDEQ • One electronic copy (PDF) and four printed copies of the 90% drawings and specifications • Meeting notes from 90% project review meeting, delivered in electronic format • One electronic copy (PDF) and four printed copies of final bid set drawings and specifications, delivered to both the City and IDEQ 11 MAY 2010 PAGE 13 OF 15 Compensation Level of Effort The task level of effort estimates are summarized in the following table. CH2M HILL has developed this level of effort estimate based on the work plan presented herein and assumptions stated previously. The fees will be billed as time and material, and will not exceed $100,000.00 without prior approval by the City. NON APPROPRIATIONS CLAUSE CH2M HILL acknowledges that the City only has $100,000.00 budget for this project for the fiscal year ending September 30, 2010 and cannot guarantee any further funds will be allocated to this project. It is CH2M HILL's sole responsibility to only incur fees up to the $100,000.00 limit of this agreement. If additional funds are allocated for the fiscal year 2011 (October 1, 2010 — September 30, 2011) and the City approves a contract amendment, the remainder of the tasks listed below may be completed. Level of Effort Task Description Total Task 1 Project Management $14,466 2 Preliminary Design of Reservoir & Booster Pump Station $29,131 3 Geotechnical Site Evaluation $15,062 4 Site Survey $8,216 5 Ten Mile Creek Flood Analysis & Modeling $24,757 6 Final Design $73,981 Summary - All Tasks $165,613 Task totals listed above include all CH21VI HILL labor and subcontractor expenses. Preliminary Schedule The preliminary design schedule is listed below. This estimated schedule has been developed independent of the funding limitations listed above in the Non - Appropriations Clause. CH21VI HILL and the City acknowledge that the schedule may need to be adjusted if the $100,000 funding limit is reached prior to the end of the 2010 fiscal year (September 30, 2010). • Notice to Proceed (NTP) — Date to be determined • Delivery of Preliminary Design documents -10 weeks after NTP • Delivery of Preliminary Engineering Report to City and IDEQ — 3 weeks after Preliminary Design review meeting 11 MAY 2010 PAGE 14 OF 15 • Delivery of 90% design documents - 10 weeks after Preliminary Design review meeting • Delivery of 100% bid documents to City - 2 weeks after 90% design project review meeting • Delivery of agency review set to 1DEQ - 2 weeks after 90% design project review meeting TITLE: S Thr F../C� Dated: Dater: 6Lr- J • 11 MAY 2010 PAGE 15 OF 15 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER Change Order No.: 1 Project Number: 10010 Date: 10/22/2010 Effective Date: CONTRACTOR: CH2MHILL PROJECT: Ground Reservoir #2 The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: 1) Three dimesional modeling of Reservoir Site for neighborhood meetings. Reason for Change Order.- rder:Addition Additionto Scope of work. Attachments: Quote from CH2MHILL CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $ Original Contract Completion Date: I X05, X13 Original Contract Completion Days: Net changes from previous C.O.'s.: Net Days change form previous C.O.'s: No. 0 to 0 No. 0 to 0 $0.00 Contract Price Prior to this C.O.: lL5,L13 Contract Completion Date before this C.O.: $158-89&-90 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $5,250.00 Contract Price with all Approved C.O.'s: 1-70 1 .701 gtn3 Contract Completion Date with all Approved C.O.'s: $4'95359-99 RECOMMENDED: (PROJECT MANAGER) ACCEPTED (CONS LTANT) By: —,J By: Date: /0 4 6 //,0 Date: APPROVED: (CITY PURCHASING ENT) By: Keith Watts Date: /Q Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Blood Draw Agreement Between Ada County Emergency Medical Services and the City of Meridian MEETING NOTES pq)pY-0Q �j CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS y AGREEMENT NO. 9 BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN, IDAHO THIS AGREEMENT ("Agreement") is entered into this 1 st day of October, 2010, by and between Ada County Emergency Medical Services District, a duly formed and existing ambulance District pursuant to the Laws of the State of Idaho (hereinafter "EMS"), and the City of Meridian, a municipal corporation of the State of Idaho and its Police Department (hereinafter "City"). WITNESSETH WHEREAS, the City requires blood drawing services for the purposes of determining content of alcohol or other intoxicating substances in persons held by law enforcement authorities, pursuant to Idaho Code § 18-8004, or any successor statute thereto; and WHEREAS, EMS is an entity whose personnel are authorized to draw blood for the purposes of determining content of alcohol or other intoxicating substances, and is willing to provide such blood drawing services. NOW THEREFORE, the parties agree as follows: 1. EMS will provide necessary blood drawing services to the City on an on-call basis, 24 hours per day, seven days per week, usually within one hour. 2. The City shall request such services by notifying EMS through EMS dispatch. Notification shall not be made until such time as City personnel are ready for EMS to take the blood draw. 3. EMS will provide such blood draw services at all hospitals located in Ada County and at the Ada County Jail. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 1 n:\ems\blood draw meridian agmt 10-1 Ldoc 4. The City shall be required to purchase and provide Blood Draw Kits for use by EMS in drawing blood for evidentiary purposes. EMS shall not be required to provide the Blood Draw Kits. 5. The City will maintain the necessary chain of evidence by retaining visual custody and physical control of the person while blood is drawn, and will retain the chain of possession by maintaining physical control of the Blood Draw Kit and the delivery of the sealed kit to the designated lab for the desired tests. EMS will not offer instruction on the care, custody or control of the blood sample. 6. Once the blood sample has been drawn by EMS, EMS personnel shall initial the blood vials, complete any necessary forms, and shall immediately turn the sample over to City personnel. 7. EMS will not be required to perform blood analysis, nor shall EMS collect any other bodily fluids or human tissue for evidentiary purposes. 8. In performing blood draw services, under no circumstances will EMS use force upon, or assist in subduing, a subject who physically resists blood drawing. 9. In performing blood drawing services, EMS will not discriminate against any persons on the basis of race, color, religion, sex, national origin, age, or physical handicap. 10. The City shall pay EMS Two Hundred Ten Dollars ($210.00) for each blood draw taken pursuant to this Agreement. 11. Should EMS personnel be subpoenaed to testify in any court proceeding or deposition regarding any blood draw performed pursuant to this Agreement, and should such personnel then appear in response to said subpoena, the City will pay EMS an additional Two Hundred Dollars ($200.00). If EMS personnel are subpoenaed to testify and such proceeding is BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 2 nAems\blood draw meridian agmt 10-1 l.doc vacated or cancelled with sufficient notice to allow EMS personnel to be notified of such vacation or cancellation, then no additional fee will be charged. For the purposes of this Agreement, forty- eight (48) hours notice in advance of the scheduled testimony is deemed to be sufficient notice. 12. The subpoena process shall be coordinated by the EMS Administrative Secretary. Subpoenas shall be sent to the named EMS Paramedic, in care of Ada County Emergency Medical Services, P.O. Box 140209, Boise, Idaho 83714, or shall be hand delivered to 5870 Glenwood Street, Boise, Idaho 83714. All correspondence related to blood draws, subpoenas, or court appearances shall be directed to the Administrative Secretary. 13. EMS will invoice the City on a monthly basis for services rendered in connection with this Agreement. Such invoice shall be paid by the City within thirty (30) days of receipt of said invoice. 14. Term of Agreement: The services to be performed under this Agreement shall commence on the date written above and shall terminate on September 30, 2011. The Agreement may be terminated by either party upon thirty (30) days written notice. In the event this Agreement should be terminated, EMS shall have no claim against the City other than for services due and owing up to the date of termination. This Agreement may be renewed for additional one-year terms. 15. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: The City of Meridian Ada County EMS 33 East Broadway Ave., Ste 300 5870 Glenwood Street Meridian, Idaho 83642 Boise, Idaho 83714 BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 3 nAems\blood draw meridian agent 10-1 Ldoc Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 16. Assignment: It is expressly agreed and understood by the parties hereto, that EMS shall not have the right to assign, transfer, hypothecate, or sell any of its rights under this Agreement except upon the prior written consent of the City. 17. Compliance with Laws: This Agreement shall be governed by and construed and enforced in accordance with the laws of the state of Idaho. In performing the scope of services required hereunder, EMS shall comply with all applicable laws, ordinances, and codes of federal, state, and local governments, including but not limited to, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). 18. Indemnification, Defense, and Insurance: EMS understands that it is afforded certain protections pursuant to Idaho Code §§ 18-8002(6) and (6)(a). The City, notwithstanding these protections, hereby agrees to hold Ada County and Ada County EMS, its officers, agents, and employees harmless and agrees to provide any necessary legal defense from and against all claims, liabilities, causes of action, or penalties, arising out of any requests for blood samples by law enforcement officers or any blood drawing services provided pursuant to this Agreement, including, but not limited to, claims for assault, battery, false imprisonment, and violations of constitutional or civil rights arising under the United States or Idaho Constitutions, statutory or common law; however, nothing in this paragraph shall relieve EMS from any legal liability and/or defense costs arising out of or in connection with claims for negligence in the performance of the services described herein. Ada County is a self-insured entity. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 4 nAems\blood draw meridian agmt 10-11.doc 19. EMS shall be considered an independent contractor for the City, and shall retain all discretion concerning the procedures to be used to properly draw blood. As an independent contractor, EMS shall not be considered an employee of the City, and therefore, shall not be entitled to any personnel benefits nor be subject to the provisions of the City's Personnel Policy. 20. The Agreement between the City and EMS is independent of any employment EMS currently has with any other entity, and said entity shall not be considered a party to this Agreement and has not approved of nor consented to any of the terms or conditions set forth herein. 21. EMS hereby agrees to take all measures necessary to continue to be so qualified during the term of this Agreement. All costs incurred in maintaining such qualifications, including, but not limited to, costs of training, testing, and licensing, if any there may be, shall be borne by EMS. If EMS either is not so qualified at the time of execution of this Agreement, or does not remain continuously so qualified throughout the term of this Agreement, EMS will be held to have materially breached this contract. 22. Entire Agreement: This Agreement constitutes the entire agreement of the parties and supersedes any and all other Agreements or understanding, oral or written, whether previous to the execution hereof or contemporaneous herewith. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 5 n:\ems\blood draw meridian agmt 10-11.doe Board of Emergency Medical Services District By: AMI Rick Yzaguia+- an By: JJ/14404no, 9 Sharon M. Ullman, Commissioner '70 By: Fred Tilman, Commissioner ATTEST: JJFDa�vidNavarro, Ada County Clerk BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 6 nAems\blood draw meridian agmt 10-1 Ldoc ATTEST: City of Meridian By:d���21/C CCI% Mayor Tammyde Weerd Mayor of N 4e dian Merida City Council By: David Zare a, Pr By: Brad Hoag ,Vice By: Roundtree BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN - PAGE 7 n:\ems\blood draw meridian agmt 10-11.doc Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: Business Associate Agreement Between Ada County Emergency Medical Services and the City of Meridian MEETING NOTES A V? Y -N CA CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Agreement No. G / 8'3 ADA COUNTY AND THE CITY OF MERIDIAN BUSINESS ASSOCIATE AGREEMENT THIS AGREEMENT is entered this 1 st day of October, 2010, between Ada County and its Emergency Medical Services District, a duly formed and existing ambulance district pursuant to the laws of the State of Idaho (hereinafter "Covered Entity"), and the City of Meridian and its Police Department (hereinafter "Business Associate"). WITNESSETH WHEREAS, sections of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), known as the "Administrative Simplification Provisions," direct the Department of Health and Human Services to develop standards to protect the security, confidentiality and integrity of health information. Pursuant to those provisions, the Secretary of Health and Human Services has issued regulations known as the "HIPAA Privacy Rule;" WHEREAS, to the extent to which Ada County EMS may be a covered entity pursuant to HIPAA and may be required to enter into a business associate agreement, the Parties wish to enter into or have entered into an arrangement in which the Business Associate will provide certain services to the Covered Entity, and since the Business Associate may have access to Protected Health Information in fulfilling its responsibilities under the arrangement, the Parties agree to the provisions of this Agreement in order to address the requirements of the HIPAA Privacy Rule and to protect the interests of both Parties. NOW, THEREFORE, the parties hereto mutually agree as follows: BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 1 n:\ems\rneridian city business associate agreement 10-1 Ldoc I. DEFINITIONS Except as otherwise defined herein, any and all capitalized terms in the Agreement shall have the definitions set forth in the HIPAA Privacy Rule. In the event of an inconsistency between the provisions of this Agreement and mandatory provisions of the HIPAA Privacy Rule, as amended, the HIPAA Privacy Rule shall control. Where provisions of this Agreement are different than those mandated in the HIPAA Privacy Rule, but are nonetheless permitted by the HIPAA Privacy Rule, the provisions of this Agreement shall control. The Term "Protected Health Information": means individually identifiable health information, including without limitation, all demographic medical and financial information, data, documentation, and materials, that relate to the past, present or future health status or health care of an individual, and that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. The Business Associate acknowledges and agrees all the Protected Health Information that is created or received by the Covered Entity and that is disclosed or made available in any form, including paper, record, oral communication, audio recording, and electronic display by the Covered Entity or its operating units, to the Business Associate, or that is created or received by the Business Associate on the Covered Entity's behalf, shall be subject to this Agreement. II. CONFIDENTIALITY REQUIREMENTS (a) Business Associate agrees: i. To use or disclose any Protected Health Information solely: (1) for meeting its obligations as set forth in any agreements between the Parties to perform functions, activities, or services for, or on behalf of, the Covered Entity or (2) as required by applicable law, rule or BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 2 n:\ems\meridian city business associate agreement 10-1 Ldoc regulation or by an accrediting or credentializing organization to whom the Covered Entity is required to disclose such information or (3) as otherwise permitted under this Agreement or the HIPAA Privacy Rule, and as would be permitted by the HIPAA Privacy Rule if such use or disclosure were made by the Covered Entity; ii. To ensure that its agents, including any subcontractors, to whom it provides Protected Health Information that is received from or created by the Business Associate on behalf of the Covered Entity, agrees to the same restrictions and conditions that apply to the Business Associate with respect to such information. In addition, the Business Associate agrees to take reasonable steps to ensure that its employees' actions or omissions do not cause the Business Associate to breach the terms of this Agreement; and iii. At the termination of this Agreement, or upon the request of the Covered Entity, whichever occurs first, the Business Associate will return or destroy all Protected Health Information received from or created or received by the Business Associate on behalf of the Covered Entity that the Business Associate still maintains in any form and retain no copies of such information, if feasible. If such return or destruction is not feasible, the Business Associate will extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information not feasible. BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 3 n:\ems\meridian city business associate agreement 10-1 l.doc (b) Notwithstanding the prohibitions set forth in this Agreement, the Business Associate may use and disclose Protected Health Information as follows: i. If necessary, for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that as to any such disclosure the following requirements are met: 1. The disclosure is required by law; or 2. The Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by law for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached; (c) The Business Associate will implement appropriate administrative and physical safeguards to prevent the use or disclosure of Protected Health Information other than for those uses or disclosures as permitted in this Agreement. The Secretary of Health and Human Services shall have the right to audit the Business Associates records and practices related to the use and disclosure of Protected Health Information to ensure the Covered Entity's compliance with the terms of the HIPAA Privacy Rule. The Business Associate shall report to the Covered Entity any use or disclosure of Protected Health Information which is not in compliance with the terms of this Agreement of BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 4 n:\ems\meridian city business associate agreement 10-1 Ldoc which it becomes aware. In addition, the Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a use or disclosure of Protected Health Information by the Business Associate in violation of the requirements of this Agreement. III. AVAILABILITY OF PHI The Business Associate agrees to make Protected Health Information available to the extent and manner required by the HIPAA Privacy Rule. The Business Associate agrees to make Protected Health Information available for amendment and incorporate any amendments to Protected Health Information in accordance with the requirements of the HIPAA Privacy Rule. In addition, the Business Associate agrees to make Protected Health Information available for the purposes of accounting of disclosures, as required by the HIPAA Privacy Rule. IV. TERMINATION Notwithstanding anything in this Agreement to the contrary, either Party may terminate this Agreement upon thirty (30) days written notice. The Covered Entity shall have the right to terminate this Agreement immediately if the Covered Entity determines that the Business Associate has violated any material term of this Agreement. If the Covered Entity reasonably believes that the Business Associate will violate a material term of this Agreement, and where practicable, the Covered Entity gives written notice to the Business Associate of such belief within a reasonable time after forming such a belief, and the Business Associate fails to provide adequate written assurances to the Covered Entity that it will not breach the cited term of this Agreement within a reasonable period of time given the specific circumstances, but in any event, before the threatened breach is to occur, then the Covered Entity shall have the right to terminate this Agreement immediately. BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 5 n:\ems\meridian city business associate agreement 10-1 Ldoc V. MISCELLANEOUS Except as expressly stated herein or in the HIPAA Privacy Rule, the Parties to this Agreement do not intend to create any rights for third parties. The obligations of the Business Associate under this Agreement shall survive the expiration, termination or cancellation of this Agreement and/or the business relationship of the Parties, and shall continue to bind the Business Associate, its agents, employees, contractors, successors and assignees as set forth herein. To the extent it is applicable, both parties agree to abide by the Health Information Technology for Economic and Clinical Health Act of 2009 (the "HITECH Act"). This Agreement may be amended or modified only in writing, and the amendment or modification must be signed by both Parties. No Party may assign its respective rights and obligations under this Agreement without the consent of the other Party. None of the provisions of this Agreement are intended to create, nor will they be deemed to create, any relationship between the Parties other than that of independent parties contracting with each other solely for the purposes of effecting the provisions of this Agreement and any other agreements between the Parties evidencing their business relationship. This Agreement will be governed by the laws of the State of Idaho. No change, waiver or discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation, or shall prohibit enforcement of any obligation, on any other occasion. The Parties agree that, in the event that any documentation of the arrangement pursuant to which the Business Associate provides services to the Covered Entity contains provisions relating to the use or disclosure of Protected Health Information which are more restrictive than the provisions of this Agreement, the provisions of the more restrictive documentation will BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 6 n:\ems\meridian city business associate agreement 10-1 Ldoc control. The provisions of this Agreement are intended to establish the minimum requirements regarding the Business Associate's use and disclosure of Protected Health Information. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions of this Agreement will remain in full force and effect. In addition, in the event a Party believes in good faith that any provision of this Agreement fails to comply with the then -current requirements of the HIPAA Privacy Rule, such party shall notify the other party in writing. For a period of up to thirty (30) days, the Parties shall address in good faith such concern and amend the terms of this Agreement, if necessary, to bring it into compliance. If, after such thirty (30) day period, the Agreement fails to comply with the HIPAA Privacy Rule, and its requirements, then either Party has the right to terminate upon written notice to the other Party. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. Board of Emergency Medical Services District By: A -Au �Iw Rick Yzaguirre ha rman By:XJ�& Sharon M. Ullman, Commissioner By: ^. Fred Tilman, Commissioner ATTEST: J. David Navarro, Ada County Clerk BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 7 n:\ems\meridian city business associate agreement 10-1 Ldoc City of Meridian By: Mayor Tammy eerd Mayor of Mej Meridian City Council By: By: 1)3 ' Zaremba, Presi ent Brad Hoagl President By: By: lie Roundtree ATTEST: SEAL,,,, cee 1 an,eri ' Cit �r y "" N' 44 ��S Q. �UNTY BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN — PAGE 8 nAems\zneridian city business associate agreement 10-1 l .doc Ad AdaCountyhramedics Neighbors for Life October 7, 2010 Peggy Gardner, Administrative Secretary Mayor's Office City of Meridian 33 E. Broadway Avenue, Suite 300 Meridian, ID 83642 Dear Ms. Gardner: Enclosed please find two originals each of the Blood Draw Agreement and Business Associates Agreement between the City of Meridian and the Ada County EMS District. Will you please have all of the originals signed, and then return all of them to me. Once the Board of Ada County Commissioners sign them in an Open Business meeting and the Ada County Clerk attest them, I will return one completed original agreement to you. Thank you for your help with this matter. If you have any questions, please feel free to contact me. Sincerely, 564 Stacy Winn Office Administrator Enc: Blood Draw Agreement Business Associates Agreement Four Original Documents Troy M. Hagen, Director P.O. Box 140209 • 5870 Glenwood • Boise, ID 83714-0209 208-287-2950 phone - 208-287-2999 fax adaparamedics.org Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: Findings of Fact, Conclusions of Law: MDA 10-008 Regency at River Valley by Bach Investments, LLC Located at 2500 N. Eagle Road Request: Modify the Site Plan, Landscape Plan, Building Elevations and Certain Provisions Contained in the Development Agreement Approved for the Regency at River Valley Apartment Project MEETING NOTES Pppy-t�\i fA CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS A)- to-a$-F�le- Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 51 PROJECT NUMBER: ITEM TITLE: Order Granting a Third Eighteen Month Time Extension: TE 10-023 Zebulon Heights Subdivision No. 2 by The Traditions by Amyx II, LLP Located South Side of E. McMillan Road and West of N. Eagle Road Request: Approval for an 18 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat MEETING NOTES Awy)--�Vc� CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS -,)g�v � �g Ic-ag br�q��\ .y\ ^ncc-F -('ale, 91, e5-be-cy-L rn @ 7wesi-cr'tce - neE Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: W PROJECT NUMBER: ITEM TITLE: Order Granting a Fourth Eighteen Month Time Extension: TE 10-022 Ambercreek No. 2 by Trilogy Development Located Southwest Corner of N. Meridian Road and W. McMillan Road Request: Approval of an 18 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS fn -A (0_jg - to-ag Drigjnal th prop=F -itle, 9yL Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: Resolution No. 10 - --SO : A Resolution of the Mayor and City Council of the City of Meridian to Amend the City of Meridian Standard Operating Policy and Procedure Manual Regarding Number 4.10 - Leave Without Pay (LWOP) MEETING NOTES � PP M\.r e-� CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ( C) to - a $ -- ---- CITY OF MERIDIAN RESOLUTION NO. 10--l5® BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL REGARDING NUMBER 4.10 — LEAVE WITHOUT PAY (LWOP); AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the Mayor and City Council have authority over the operations, polices, and procedures for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policies and Procedures Manual is hereby amended as to Policy 4.10 — Leave Without Pay (LWOP); a copy of said policy is attached and incorporated by reference as Exhibit "A". SECTION 2. This Resolution shall be in full force and effect upon adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 00 day of 1 APPROVED by the Mayor of the City of Meridian, Idaho, this o?(o day of APPROVED: Mayor my de e . ATTEST: z By: J ce L olm , ity Clerk <, CITY OF MERIDIAN POLICY AND PROCEDURES MANUAL AMENDMENT IGY, 4. ly.Q; . LEAVE WITHOUT PAY (LWOP) - 2010 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.10 SUBJECT: LEAVE WITHOUT PAY (LWOP) PURPOSE: To clarify the use of Leave Without Pay (LWOP) POLICY: Leave Without Pay (LWOP) is not a right or entitlement for any City employee. Unauthorized LWOP is subject to discipline up to and including termination. Employees are expected to use the provided vacation leave and sick leave appropriately so that LWOP does not occur. LWOP is not appropriate as a means to gain additional vacation leave or a substitute for excessive use of sick leave. LWOP is intended to be used for unforeseen circumstances that the employee could not have reasonably anticipated in advance. Employees will be required to exhaust all vacation leave or sick leave, as appropriate, prior to the use of LWOP. Sick Leave cannot be used as a substitute for vacation leave. LWOP is for a short duration, up to one work week of the employee for any given request. LWOP is allowed for FMLA purposes pursuant to the City's FMLA policy and is not regulated by this policy. AUTHORITY & RESPONSIBILITY: Human Resources and Payroll are responsible to monitor LWOP and report violations to the Department Director of the specific employee. Human Resources may request the employee provide any necessary documentation to substantiate the leave request. Failure to provide the requested proof may be cause for discipline. GUIDELINES AND PROCEDURES Part time, Temporary, Seasonal Employees All part time, temporary, or seasonal employees are eligible to request and receive Leave Without Pay. LWOP is at the discretion of the Department Director or designee. Regular Full time Employees A form shall be made available by Human Resources. All approved leave shall be submitted on the form and the form shall be returned to Human Resources. If an employee has exhausted all accrued vacation leave, or sick leave if applicable, and needs additional time for unforeseen circumstances they must request LWOP from their immediate supervisor with an explanation of the need for LWOP and the duration. The request must be reviewed and approved by the Director or their designee. LWOP can only be approved for one (1) work week at a time. Employees shall not be allowed to have LWOP exceed three work weeks or the equivalent number of days per calendar year. If the LWOP is approved then the employees' pay is reduced by the amount of hours of LWOP that is granted. LWOP will cause the employees' vacation and sick accruals to be reduced for that pay period. Each request for LWOP that meets or exceeds 50% of the employees' workweek will result in a loss of accrual of both vacation and sick leave of two (2) hours of each leave. If an employee is on LWOP status on the day before or after a City holiday then they will not receive pay for the holiday either. Unauthorized Leave Without Pay Employees are responsible to know whether they have adequate sick leave or vacation leave for any request for leave. Employees that use leave that hasn't been accrued at the time shall be subject to discipline. Using LWOP when it is not approved is subject to discipline up to and including termination. Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: Resolution No. IG -- —+S-� Spring Creek VAC 10-006: A Resolution Vacating a portion of the Utilities, Drainage and Irrigation Easement Located in a Portion of Lots 3 and 4 of Strasser Farms Subdivision No. 2, Recorded in Book 70 at Pages 7148 and 7149, Records of Ada County, Situated in Government Lot 1 of Section 1, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho MEETING NOTES f\Wy0vtA CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 4 BOISE IDAHO 10/28/10 09:54 AM DEPUTY Vicki Allen RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIII� II I III Meridian Cily 110101385 CITY OF MERIDIAN RESOLUTION NO. IO — —15 1 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION VACATING A PORTION OF AN EXISTING UTILITIES, DRAINAGE, AND IRRIGATION EASEMENT LOCATED IN A PORTION OF LOTS 3 AND 4 OF STRASSER FARMS SUBDIVISION NO. 2, RECORDED IN BOOK 70 AT PAGES 7148 AND 7149, RECORDS OF ADA COUNTY, SITUATED IN GOVERNMENT LOT 1 OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 5, 2010 the City Council of Meridian, held a hearing on the vacation of the utilities, drainage and irrigation easement located in a portion of Lots 3 and 4 of Strasser Farms Subdivision No. 2, recorded in Book 70 at pages 7148 and 7149, records of Ada County, situated in Government Lot 1 of Section 1, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the utilities, drainage and irrigation easement located in a portion of Lots 3 and 4 of Strasser Farms Subdivision No. 2, recorded in Book 70 at pages 7148 and 7149, records of Ada County, situated in Government Lot 1 of Section 1, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, are hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". VACATION OF IRRIGATION EASEMENTS FOR SPRING CREEK - VAC 10-006 Pagel of 2 Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, thisday of , 2010. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this D(t-- day of r'),jj V- 92010. STATE OF IDAHO, ) ss County of Ada ) On this a"7— day of 0c o ,er , 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 0*000*00* (SEAL) ,fid �;FA NOTARY PLTBtIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: I- 2,s --I Ie Avg • VACATION OF IRRIGATION EASEMENTS FOR SPRING CREEK - VAC 10-006 Page 2 of 2 Exhibit A - Easement to be Vacated -EXHIBIT MAR MR VACAVON OF A PUBLIC EA-SrMCNT SECUON CORNER W US TICK ROAD 16 CXME: SPRWG CRErK M MOR S+MI TAX PARC(l RM89830042 I Q1 LEGEND – – — PROPERTY LINE SEC FOV UNE ORICHVAL LOT CINE EASFUENT LINE A CALCULATED POSMON (D LOT NUMBER, 57RASSER FARMS SUBDIOSAW Na 2 /7% 1Z 1 1 ;� I I PROPOSED VACATION fg) Ml L—/Z S a9,l9'43C 24.3 W 1 Lr .7 1 7T ORIGNA-1 LOT umr7 SU8&VPSfLW No 2 SPRING CREEK MANOR WE TAX PARCEL R8f69830042 NOTES; E OUARTER CORALER 1. ME LOT tWCS FOR LOTS 3 & I OF S7RASSEfiFARA#S SW04W5;0N No 2 KCRE A04U51ED (N 2WJ A5 5HOKN ON RECORD LINF —TAOLE r#ARINC Q§TA _.UNj Ll N 89'194.i" 45.04 L2 N 89'19'43" W 12.40' L3 S 00'W24 W 600 LX 3J 04r i7'2 ,V'E ' 1200 L5 f00-724 W OF RtNo6 . .141, 2 rHf Cfy ONCRUC MRIGAMN DIFCH RMIWNC ALCWC ME WUNERLY KE,5TKF L LAND 5URVEYING LOT t#Vf' OF SAO LOT 4 TO BE A8ANDOAfM J RE(,MV BEARINGS AAV DISTANCES ARI:'" FROW THE PLAT OF 1674 W HILL RD., jf 6, BOISE, Jo 83702 SIRASSER FARA4S SUBOM90N No. Z 80(W 70. PAW 7148. RECORDS PHOIVE., (208) 888-7345 OF ADA COUNTY. Kf 3TREL LAND S%ARVIYI%G Legal Description Fcx Vacation of Easement A portion of a exis*V public Wliltles, drainage, and bipation easement localed in a podiQn d Lots 3 and 4 of Strasser Farms Subdivision No. 2, recorded in book 70 at pages 7148 ant! 7148, Records of Ada County, situated in G"mmor t lot t of Section 1, Township 3 North, Range i 'West, Boise Meridian, Meridian. Ada QKotyr, Idaho, more particutarty described as follows: Commencing at the Northeast Comer of said Section 1; Thenoe along the Easterly section fine of said Section 1, South 00°17'24' West a distance of 226.23 feet; thence leaving said section line, North 89"19'43 Wast a distance of 45.00 feet to a point on the Westerly right-of-way line of North Meridian goad, said point being the Southeast darner of said Lot 4; thence leaving said Westerty+ tine, along the Southerly One of said Lot 4, North 8941S'43* West a distance of 12.00 treat to a paint; Thence towing said Sotalt wry litre. South 00'17"24' West a distrarioe of 8.00 feet to is paint on t)te So!uthterly Ina of said easement, the ill Point of Beginner; Thence along said Southerly Yne, NoM 89`19'43" West a distance of 243.85 feet to a point on the projection of the Westerly Ins of scud Lost 4; Thence Wving sad Soudaerly tine. slang said rection of the IN mlarly tine of said Lot 4 and along the Westerly fine of said lot 4, North 00*IT'24" East a distance of 12.00 foot to a point on the Nodhefty Nine of said easement"; Thence leaving said Westerly Lot line and along said Northerly line, South 88"19"43" Fast a distance of 243.85 feet to a point; Them leaavfg said Northerly line, South 00°17"24' West a distance of 12.00 feet to the point of begnrtirv, Said easement conwine 2928 square (0.067 acres,) more or lei End of Description Project No, 10-111 May 28, 2010 rs�ar� arra ra�,,� ra�au-ar �oatra�-r3ala-f1a�aGlid-X9i1lfau� a�urnrr.�.,yr,ea. Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Check Presentation to the Meridian Fire Department Public Education Fund for $9,000.00 From the Light My Fire Organization MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Lakeview Golf Course Improvement Tournament Fundraiser Discussion MEETING NOTES ►rA Shane, 0+ -+© - cc (0K m Nawkeu� VAgVeIL1 � meted ►�,-e.n� `�ac� CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Mayor Tammy de Weerd 33 E. Broadway Avenue Meridian, Idaho 83642 Dear Mayor, On September 11th, the members of Lakeview Golf Course held a Course Improvement Tournament. The fifty dollar entry fee, along with funds raised in a silent auction of donated items and money raised in a raffle, will be spent on necessary improvements to the course. In excess of six thousand dollars was raised, further fundraisers are planned, and donations in any amount are being gratefully accepted. The money raised will be spent on improving our cart paths, because the consensus of the members is that those improvements will greatly improve the playability of our course, while at the same time significantly enhancing the aesthetics. The money raised will be used to purchase the materials we need, plus the rental of any equipment required that we do not have access to. The work to be done will be done by members volunteering, under the supervision of our Course Superintendent and his crew. The amount we have raised so far can accomplish a great deal, but it is not enough to do every path the way they should be done. Inasmuch as the condition of Lakeview Golf Course directly reflects on the image of the city of Meridian, determines the number of Golfers who choose to patronize it and thus has a substantial bearing on money spent in your city, we, the members, are asking you to consider making a contribution towards our efforts, perhaps even matching the funds we have raised so far. Alternately, if a direct contribution creates a problem, the City might be better suited to provide the materials needed along with help in getting the work done. That would be even better! We at Lakeview are very fortunate to have amongst our members and residents people who care enough about this course and their friends, neighbors, and fellow golfers to be willing to contribute time, money, and effort towards making it more enjoyable for all. We hope the City Of Meridian is cognizant of the value of these types of citizens and can help us in our efforts to make Lakeview Golf Course a greater asset to your city. Guy Webster Ha "cap Chairman 10952 Mohawk Dr. Boise, Idaho 83709 208 362-0740 Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES No�c CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update MEETING NOTES 00,r01kn2., LtnC©1v1 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution No. 10 -1 5 a : A Resolution of the Mayor and City Council of the City of Meridian Reappointing Commissioner Phillip Liddell fo Seat 1 and Treg Bernf fo Seat 2 of the Parks and Recreation Commission MEETING NOTES �\WYcpj Cd CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Io _fig o C) -g — _- CITY OF MERIDIAN RESOLUTION NO. (C) 1 rJ a BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, RE -APPOINTING COMMISSIONER PHILLIP LIDDELL TO SEAT 1 AND COMMISSIONER TREG BERNT TO SEAT 2 OF THE PARKS AND RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code Title 2, Chapter 2 establishes the Meridian Parks and Recreation Commission, its members and terms of their appointments; and WHEREAS, Phillip Liddell was appointed on October 3, 2007 to Seat 1 and Treg Bernt was appointed on April 6, 2010 to Seat 2 with terms to expire October 31, 2010; and WHEREAS, the City Council of the City of Meridian deems the appointment of Phillip Liddell to Seat 1 and Treg Bernt to Seat 2 to be in the best interest of the Meridian Parks and Recreation Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-2-1(B)(1), Phillip Liddell is hereby appointed to Seat 1 and Treg Bernt is hereby appointed to Seat 2 of the Meridian Parks and Recreation Commission, for terms to expire on October 31, 2013. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 0(o day of MY_ 1r r. MEMO APPROVED by the Mayor of the City of Meridian, Idaho, this (c day of (jC�CbC f 52010. 41 p l� J iR®P' m O r` y de Weerd ATTEST: By: C�*MA cy'4414.1 Jay e �#Anandty Clerk ,f T RESOLUTION REAPPOINTING LIDDELL AND BERNT TO THE MERIDIAN PARKS AND RECREATION COMMISSION October 4, 2010 The Honorable Tammy de Weerd Mayor, City of Meridian Meridian City Hall 33 E. Broadway Ave. Meridian, ID 83642 Dear Mayor de Weerd: Thank you for your letter dated September 22, 2010. In response, I would like to submit to you and the Meridian City Council my petition for reappointment as Commissioner on the Parks and Recreation Commission. It has been an honor and a privilege to serve during the past three years on the Commission as well as an opportunity to network and interact with other volunteers and city personnel at various levels. A number of new and creative ideas and projects have come to fruition and it is certainly a thrill to be a part of the recreational advancement of the community. Again, the pleasure is mine to volunteer, and in a small way, contribute to the success of the City of Meridian. Thank you for a moment of your valuable time. Respectfully, Phillip Liddell 1287 N. Note[ Creek Place Meridian, ID 83642 208.85 5.9674 liddell@sitestar.net October 1, 2010 Mayor Tammy de Weerd 33 E. Broadway Avenue Meridian, Idaho 83642 Dear Mayor, I'm grateful for the opportunity to serve as a Commissioner on the Parks & Recreation Commission in Meridian. It really has been a wonderful experience and I'm grateful for those that dedicate their time for the benefit of our parks. I'm honored that you want to renew my term as Commissioner and I very much desire to continue to serve. Thank you for this opportunity. As always, please contact me if there is anything I can do for you. I appreciate all you do for our community. Si ly, Treg Bernt Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: $C PROJECT NUMBER: ITEM TITLE: Discussion with the Parks Department Regarding a Memorandum of Understanding Between Meridian Academy and the City of Meridian Regarding Tully Skate Park Public Art Project MEETING NOTES Cov vlor '90,k£ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Y \ a 1 ►1 Q iv &xe-v-tc- (� i �( ""C L -Pa,l 3 . MEMORANDUM OF UNDERSTANDING: MERIDIAN ACADEMY TULLY PARK PUBLIC ART PROJECT This MEMORANDUM OF UNDERSTANDING: MERIDIAN ACADEMY TULLY PARK PUBLIC ART PROJECT ("MOU") is made this 26th day of October, 2010 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Meridian Academy, a public high school in Meridian Joint School District no. 2 (hereinafter "School"). WHEREAS, students of School ("Artists"), following consultation with members of the Meridian Parks & Recreation ("MPR") Commission, members of the Meridian Arts Commission, and MPR Department staff, have designed and proposed to the MPR Department Director ("Director") a design, plan, and timeline for installation of a wall mural, as represented in Exhibit A hereto ("Mural") at Tully Park, 2500 N. Linder Road, Meridian, Idaho ("Site"); WHEREAS, Director finds that Artists' installation of Mural at Site will serve MPR's mission to enhance the Meridian community's quality of life by providing well-designed and properly maintained parks and recreational opportunities for all citizens; WHEREAS, School finds that Artists' installation of Mural at Site will serve School's mission to provide learning experiences that foster character, honor, opportunity, inquiry, community, and excellence; and WHEREAS, the City Council of the City of Meridian finds that the incorporation of public art into public spaces will promote public dialogue, add visual interest, character, and beautification, and deter graffiti; NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF PROJECT. With the assistance and guidance of City -designated personnel, and in accordance with the terms and provisions of this MOU, Artists shall implement the Mural, as described and depicted in Exhibit A, on the concrete wall of the existing skateboard/bicycle ramp, at Site. Following installation of the painted portion of the Mural, Artists shall seek approval of such installation by Director. Director's approval shall be conditioned upon a determination that the painted portion of the Mural is in keeping with Artists' design as set forth in Exhibit A. Non- material design refinements and/or improvements shall be left to the discretion of Artists. Following Director's approval of the painted portion of the Mural, Artists and/or School shall cause the coating of the Mural with clear sealant, and following application of such sealant, Artists shall seek approval by Director. Director's approval shall be conditioned upon a determination that the n sealant was applied and cured professionally according to industry standards. MEMORANDUM OF AGREEMENT MERIDIAN ACADEMY - TULLY PARK MURAL PAGE 1 of 4 II. MAINTENANCE AND REPAIRS. A. Determination maintenance needs. City shall make any and all determinations and decisions regarding maintenance, restoration, repair, and/or removal of the Mural. City shall, at its sole election, have the right to remove the Mural from public display, paint over the Mural, and/or destroy the Mural, in whole or in part. B. Restoration and repair. In the event that the Mural is damaged, destroyed, or obscured in whole or in part by graffiti, vandalism, or other natural or manmade cause, City shall not be required to repair or restore the Mural. If City chooses to repair or restore the Mural or any portion thereof, City may, at its sole election, but shall not be required to, seek Artists' or School's input regarding same. III. CREATION, INTEGRITY. AND OWNERSHIP OF MURAL. A. Waiver and relinquishment of rights. Artists and School shall, and hereby do, expressly waive any and all right, title, or interest in the Mural, any component thereof, and/or plans or designs related thereto. Artists and School understand that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Artists and School shall relinquish any and all rights, title, and interest to the Mural, and hereby expressly waives any rights Artists or School have or may have to the Mural, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artists and School understand and expressly waive the rights of attribution and integrity, including as such are set forth in 17 U.S.C. § 106A. To the extent that the provisions of this MOU differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this MOU will govern and any rights and duties created under that Act are expressly waived. B. Limited edition. The Mural shall be a limited edition of one. Artists and School warrant and represent that the Mural designed and installed pursuant to this MOU has never heretofore been designed, installed, created, published, or copied and that Artists are the sole creators and owners of all rights in the Mural and the design thereof. C. No copyright. Neither Artists nor School shall make any claim to the copyright of the Mural. D. Photographs of Mural by City. City may reproduce the image of the Mural and all preliminary studies and sketches thereof that have been delivered to and accepted, as City may desire for educational and public information purposes. Where practicable and to the extent of City's authority, Artists shall be collectively acknowledged to be the creators of the original subject thereof. If any alteration occurs to the Mural after installation, whether intentional or accidental and whether caused by City or others, upon written request of Artists or School, such Mural shall no longer be represented to be the work of Artists. E. Photographs of Mural by Artists. Artists and Schools may photographically reproduce the image of the Mural and all preliminary studies and sketches thereof, as Artists or School may desire for marketing, educational and public information purposes. Where practicable, Artists or School shall acknowledge on each such photographic reproduction the location of Mural. MEMORANDUM OF AGREEMENT MERIDIAN ACADEMY — T ULLY PARK MURAL PAGE 2 of 4 F. Subcontracting or assignment of obligations. Artists may subcontract or assign obligations under this MOU that do not require their unique artistic talent or expertise. Any subcontractor or assignee shall be bound by all the terms and conditions of this MOU. IV. TERMINATION. A. Termination. Either party may terminate this MOU for any reason at any time upon written notice to the other party. B. Non -waiver of breach. A waiver of any breach or default of any provision of this MOU shall not be construed as a waiver of a breach of the same or any other provision hereof. V. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artists and School are independent persons and not employees, agents, joint venturers, or partners of City. Nothing in this MOU shall be interpreted or construed as creating or establishing the relationship of employer and employee between any Artist and City or between any Artist and any official, agent, or employee of City. Nothing in this MOU shall be interpreted or construed as creating or establishing the relationship of employer and employee between any official, agent, or employee of School and any official, agent, or employee of City. All parties acknowledge that ,.� Artists and School are not employees of City. B. Recreational immunity applies. Both parties specifically acknowledge and agree that City holds and enjoys any and all statutorily available immunities, rights, and limitations on liability afforded to City as a landowner who has made its land available to the public without charge for recreational purposes. Both parties specifically acknowledge and agree that Artists and School's use of and entry into Tully Park for the activities described in and related to this MOU are "recreational purposes" as such term is defined in Idaho Code section 36-1604. C. Compliance with law. Throughout the course of this MOU, Artists and School shall comply with any and all applicable federal, state, and local laws. D. Non-discrimination. Throughout the course of this MOU, neither Artists nor School shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. E. Entire agreement. This MOU constitutes the entire understanding between the Parties. This MOU supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this MOU may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. F. MOU governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this MOU. Venue shall be in the courts of Ada County, Idaho. MEMORANDUM OF AGREEMENT MERIDIAN ACADEMY — TULLY PARK MURAL PAGE 3 of 4 G. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this MOU, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: School: Joseph Palaia, Principal Meridian Academy 2311 E. Lanark Street Meridian, Idaho 83642 (208) 855-4315 palaia.joseph@meridianschools.org C Steve Siddoway, Director City of Meridian Parks & Recreation Department 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 888-3579 ssiddoway@meridiancity.org Either party may change its address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. A. Approval required. This MOU shall not become effective or binding until approved by the duly authorized entities of City, Artists, and School. The parties signatory hereto represent and warrant that each is duly authorized to bind, respectively, City, Artists, and School to this MOU in all respects. IN WITNESS WHEREOF, the parties hereto have executed this MOU on the 26th day of October, 2010. ARTISTS / SCHOOL: JAO'eph Palaia, Prmcipal Meridian Academy CITY OF MERIDIAN: « <�w BY: / U qZ FA4 o Tammy d eerd Mayor ity MEMORANDUM OF AGREEMENT MERIDIAN ACADEMY — TULLY PARK MURAL PAGE 4 of 4 EXHIBIT A Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 9A PROJECT NUMBER: `TE io - o a\ ITEM TITLE: Continued from October 5, 2010: Public Hearing: TE 10-021 Arch Rock Subdivision by CTD Development, LLC Located at 4550 N. Linder Road Request: 18 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat MEETING NOTES No app�� c ter+ des e n-� A-PPYLw e -A CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS r Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 9B PROJECT NUMBER: Al 10 - o©a. ITEM TITLE: Public Hearing: AZ 10-002 for Barletta Subdivision by Russell & Karen Hunemiler Located at 3299 W. Davis Lane Request: Annexation and Zoning Approval of 5.94 Acres with an R- 2 Zoning District MEETING NOTES 16e -C)( -L1 Itc IL&.q AZ -� reavty-e, T> A �drl��nv� 4-o k/3/ ac) ENrknq -b.,-.-Cv- t,,D/ -,> Ic Corkw--k.'s CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 9C PROJECT NUMBER: P? 1© _ ego a ITEM TITLE: Public Hearing: PP 10-002 for Barletta Subdivision by Russell and Karen Hunemiller Located at 3299 W. Davis Lane Request: Preliminary Plat Approval of 2 Building Lots and 2 Common / Other Lots on 5.94 Acres MEETING NOTES 0ov-,+-,rave6, +.o it�3� 0tv � GAF rQpov- L o \4-N-.. A Z to -(-)O,., CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 9D PROJECT NUMBER: R -Z ITEM TITLE: Public Hearing: RZ 10-002 for Raisin' Angels Subdivision by Capital Hill Holdings, LLC Located at 1125 E. Pine Avenue Request: Rezone Approval of 0.43 of an Acre with a C- N Zoning District �-�Y•dg JM\ C S a -M (44 -- 1-0.VSty f yO'VJA 3 7BY c.wty- �1 tza'��-}-h � �-hens-�►� MEETING NOTES -A rc h /,>1ct-f-1 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 9E PROJECT NUMBER: Cu? to --cel o ITEM TITLE: Public Hearing: CUP 10-010 for Raisin' Angels Subdivision by Capital Hill Holdings, LLC Located at 1125 E. Pine Avenue Request: Conditional Use Permit Approval fora Daycare Center for up to Sixty (60) Children in a Proposed C -N Zoning District MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 9F PROJECT NUMBER: -P Fz P I o - do_ � ITEM TITLE: Public Hearing: PFP 10-003 for Raisin' Angels Subdivision by Capital Holdings, LLC. Located at 1125 E. Pine Avenue Request: Combined Preliminary / Final Plat Approval of 2 Building Lots on 0.96 of an Acre MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 9G PROJECT NUMBER: ITEM TITLE: Public Hearing: ZOA 10-002 for Unified Development Code Text Amendment by City of Meridian Planning Department Request: Unified Development Code (UDC) Text Amendment to Modify and Clean Up Certain Sections of the UDC MEETING NOTES P -P? Vuv e 6 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 9H PROJECT NUMBER: ITEM TITLE: Proposed Amendments to Meridian City Code Title 3 Chapter 4 Pertaining to Outdoor Sales and Temporary Uses MEETING NOTES ()rdtvla►)cc on Ix/j CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DRAFT Planning Department Report 10-26-10 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 3-4-19 RELATING TO OUTDOOR SALES AND TEMPORARY USES DEFINITIONS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(A)(6), RELATING TO EXCEPTIONS TO LICENSING REQUIREMENTS FOR TEMPORARY USES • AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(8), RELATING TO GARAGE SALES; ADDING A NEW SECTION, MERIDIAN CITY COLE SECTION 3-4-3(C)(9)9 PROVIDING STANDARDS FOR TEMPORARY CONSTRUCTION SITES • PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVr: h : . , r vn�nS WHEREAS, by the adoption of Ordinance nos. 08-13.54, 08-1371 5 r8-13 56, 09-1430 and 10-14531 the City Council of the City of Meridian has instituted a procedure b which outdoor sales p y and temporary uses occurring in the City of Meridian are required to meet minimum.standards for the purpose of protecting the health, safety, and welfare ,f Meridian residents and other participants j:. _ p p in such outdoor sales and temporary uses; s 14.. ix jY, 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 shipping and/or dini pp ortunities available in ... Meridian; and that support and facilitate community events and celebrations; and s,r ysy�Y WHEREAS, the changes to the Outdoor Sade$ and Te ` ` nary Uses ordinance set forth herein are intended to improve and refine the processes and standards established therein, specifically to reinsert, the definition sof "temporary indoor event" and to add a definition of and standards for the operation of, a "te orary construction site"; �:�� i NOW, TEREFOR IT .IND BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WRIDIAN,,,�,�.A COUNTY, IDAHO: In, 5r; � f lection 1. That 1V1e�_�dian Cit 3 W =e section 3-4-1 is hereby amended to read as follows: Ss r fi 3-4-1: DEFINITIONS:Y3 For purposes of thifthapter,, the following terms shall be defined as follows: A. FIRST AMENDNNT 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 NOVEMBER 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 1 OF 9 DRAFT Planning Department Report 10-26-10 offered for sale or trade are displayed outdoors; and such sale, trade, offer or any portion thereof occurs at a residence or residential property. This definition shall include yard sales, basement sales, attic sales, moving sales, tag sales, rummage sales, and other such sales known by terms which are synonymous with the term GARAGE SALE. This definition shall not include, and this section shall not apply to, sales specifically authorized by and conducted in conformity with statute or judicial order or conducted under judicial supervision, including, but not limited to, estate sales. C. GOODS: Tangible personal property, products, produce, food, or merchandise sold, offered for sale, offered for trade, offered free of charge, or displayed for the purpose of selling, trading, or offering. This definition shall also apply to personal property, products, or merchandise that is offered or displayed to be sold, traded, offered, or delivered at another time or location, or that serves as a sample of that to be sold, traded, offered, or delivered at another time or location. This definition shall not include fireworks. 3`yh AN 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 rriore than two (2) consecutive hours within any twenty -four-hour (24-hour) period; and b. Is neither located on the premises of, nor physically attached to, any permanent proprietor, except when parking or stopping temporarily in order to conduct a sale, trade, giveaway, offer, display, or delivery. 2. A MOBILE SALES UNIT may travel and/or consist of any form of conveyance or transport, including, but not limited to, by foot, vehicle, trailer, cart, wheeled or other container, or other form of offering, displaying, or storing goods and/or services. 3. This definition shall not include FtRST:AMENDMENT ACTIVITY on public or private 141 - �;x rj property ^j� ��llkl 4. This definition shall not include the delivery of goods or services to a residence orp lace 'r¢haA of business pursuant to a sale trade giveaway, or order previously transacted or laced yr p :with a commercial or retail establishment, enterprise, facility, and/or an agent or � Y� Y g 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 activityr $:.- . ^,j1:111 :xxr 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: NOVEMBER 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 2 OF 9 DRAFT Planning Department Report 10-26-10 G. H. I. J. 1. Outdoors or where any goods offered for sale or trade are displayed outdoors; and 2. On public property or on property accessible by the general public; and 3. Within 300 feet of any other person or persons selling, trading, or offering one (1) or more items of produce, food items, arts, crafts, new or used tangible personal property. This definition shall include outdoor farmer's markets, outdoor flea markets, and outdoor arts, crafts, and/or hobby markets. This definition shall not include FIRST AMENDMENT ACTIVITY on public or private property. 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."ry0s_ , , ,.,JRHxh� , x PROMOTIONAL SALES UNIT: An outdoor or open-air.mmA49r 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 dor more than two consecutive hours within any twenty-four hour period; and sz 2. Is located on the premises of, or physically attaehed 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, disojAyTj, or storing goods and/or services. lhw 3n ;nrfix ry r Jnr;:. h �r x ,.. `xy' PROPERTY: Any tract of contiguous land held ir�i " ownership. �� p SERVICES: Work or labor or services or that is. offered o work or labor that is:to,be offs as a sample or demonstration or location$. ��5 .tir x ` ��s,".'s_�,#� K. SPECIAL EVENT:omp planned or foreseeable (1) iken in exchange for money, goods, This definition shall also include sold, or undertaken at another time or location, or that serves )rk or labor to be offered, sold, or undertaken at another time ial, recreational, or expressive activity or gathering of ges, attem� to change, or has a tendency to change the typical use of publicly .sible land or facilities, or the normal flow or regulation of pedestrian or t r traffic upon or in the streets, sidewalks, or other publicly accessible areas; .es 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 (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; NOVEMBER 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 3 OF 9 DRAFT Planning Department Report 10-26-10 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; f b. An activity,including FIRST AMENDMENT ACTIVITY r In on streets or g = g tU141 sidewalks within the City or in or on City property`, where'Bch 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 t1w, ability of the City to respond to a public s� safety emergency; sx ng c. Funeral processions; or $ e0�,.-,1h'e City. d. Pro 'ammed activities rovided or mana ... L. SUBDIVISION MODEL HOME: A dwelling which servesas, an exhibit or example of dwellings constructed or to be constructed within the subdivisionyin. 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 S SALES &VICE: A structure from which lots and/or dwellings are sold, rented, or Deed for sale or rent, where such structure is located in the subdivision containing such reale estate. Where a structure is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE' SALES OFFICE, the definition of SUBDIVISION MODEL HOME shall apply. x N. TEMPORARY CONSTRUCTION SITE: Activities and uses associated with and incidental to the construction or improvement of a subdivision, structure, road, or parkinloot; incidental excavation and roadwork activities; and/or utility installation. This definition shall not include construction sand and gravel mining as defined in title 11 of this code and/or sale of extracted materials at the extraction site or any other location, or shall this definition include real estate sales offices or model homes as set forth in this chapter. O. TEMPORARY INDOOR EVENT: The use of an interior space of a building or portion thereof for a use or DUMOse that differs from the buildiniz's principally permitted and/Or approved accessory use(s). N—.P. TEMPORARY SALES UNIT: An outdoor or open-air commercial or retail establishment, enterprise, or facility from or at which goods and/or services are sold, traded, offered for sale or trade, or displayed for the purpose of sale, trade, or giveaway; and which: 1. Remains within any 300 -square -foot area for more than two consecutive hours within any twenty-four hour period; and 2. Is not located on the premises of, nor physically attached to, any permanent proprietor. NOVEMBER 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 4 OF 9 DRAFT Planning Department Report 10-26-10 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 --.Q. 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. �-R. 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, TEMPORARY CONSTRUCTION SITES, and GARAGE SALE. �'he 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. x E� 4111 ', Section 2. That Meridian C ,f Y Code section 3-4.3(A)(6) is hereby amended to read as f' f follows. _1.4 u-1 A11 3-4-3: TEMd SES:f s � A. Liete and/orP ermit re uiremeifht 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: 'Wii.iryfv +.R. SfiJ. 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; TEMPORARY CONSTRUCTION SITES; or fireworks sales. Section 3. That Meridian City Code section 3-4-3(C)(8) is hereby amended to read as follows: 8. Standards for GARAGE, YARD AND SIMILAR SALES. NOVEMBER 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 5 OF 9 DRAFT Planning Department Report 10-26-10 a. GARAGE SALE operators 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. gib. It shall be unlawful for any person to conduct a garage sale at any one (1) address: b c. (1) At which four (4) or more garage sales have been conducted by any person within the preceding three hundred sixty-five (365),,Oa S. g o-ft(2) At which a garage sale has been conducted by; " on within the previous Y thirty (3 0) days. (3) For longer than three (3) consecutive days. (4) Between the hours of 10:00 p.m. and 6:00 Y .r v 3 s Y3x xsHNJ,, Persons conducting garage sales shall comply with all provisions of this chapter and any and all applicable provisions of law. yx 53s. inUs All GARAGE SALES shall be directly associated with?' sidence 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 affirmativySv ,,Qnse that such person: :; s lk (1) Is the owner o-fi,rvr - rd 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 &e. location of the garage sale; and the owner's signature and date. person claiming exemption under subsections (a) or (b) of this section shall bear burden of proving that such exception applies. . ...n. GARAGE SALESheld by or for the benefit of charitable or non-profit organizations shall not be exempt from the provisions of this chapter. e:f. It shall be unlawful for any person to conduct a garage sale in any manner which creates a hazard to public health or safety. fig_ 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 NOVEMBER 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 6 OF 9 DRAFT (2) (3) (4) Section 4. Planning Department Report 10-26-10 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. 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. # ss, 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 p p property without the permission of the owner of such property. 13 F>; _ 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 sN f s That a new section, section 3-4-3(C)(9), shall be added to Meridian City Code, which new section shall read as follows: z;' 11, J*+'i 9. Standards for TEMPORARY CONSTRUCTION SITES: a. TEMPORARY CONSTRUCTION SITE property owners shall comply with all provisions and standards of this chapter and any and all applicable provisions of law, except that a City of Meridian TemporM�Use Permit shall not be required, and the provisions of Meridian City Code sections 3-4-3(B)(1-6) shall not410 apply. y € x u .. 01 `b. It shall be unlawful for anyperson too-perate a TEMPORARY CONSTRUCTION SITE on a property at which there is no approved and valid plat, certificate of zoning compliance, and/or building permit. All TEMPORARY CONSTRUCTION SITES shall be consistent with such approved plat, certificate of zoning compliance, and/or building permit. c. It shall be unlawful for any person to conduct processing, or other industrial activities on a TEMPORARY CONSTRUCTION SITE unless such activities are directly associated with a valid plat, certificate of zoning compliance, and/or building permit. d. It shall be unlawful for any person to store materials and/or equipment on a TEMPORARY CONSTRUCTION SITE that that are not directly associated with a valid plat, certificate of zoning compliance, and/or building permit. NOVEMBER 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 7 OF 9 DRAFT Planning Department Report 10-26-10 e. It shall be unlawful for any person to place construction management trailers on a TEMPORARY CONSTRUCTION SITE unless such trailers are needed to supervise the TEMPORARY CONSTRUCTION SITE on a regular basis. r f. It shall be unlawful for any person to operate a TEMPORARY CONSTRUCTION SITE in any manner which creates a hazard to public health or safety g. TEMPORARY CONSTRUCTION SITE property owners shall incorporate all extracted materials into the site design and/or development of the property and/or adjoining ining properties. Where such materials are not or cannot be incorporated into the design and/or development, the use shall be deemed a construction sand and gavel mining operation and shall comply with title 11 of this code. rh-r x x x OR h. Persons operating a TEMPORARY CONSTRUCTION SITE shall accomplish such activity in a time frame appropriate to the size and/or area of the development as determined by the planning director. Where such activity is not accomplished in an appropriate time frame, the use shall be deemed a sand and gavel mining operation and shall comply with title 11 of this codex$ ry ry rF i. The provisions of Meridian City Code section 11-3D-7 shall apply to any and all signs on the TEMPORARY CONSTRUCTION SITE. n$: i Y-. �, x$ x R 11 Section 5. That all ordinances, resolutions, aiders, or parts thereof or in conflict with this ordinance are hereby voided x,535 : x r Section 6. That this ordinance shall be effective immediately upon its passage and publication.1min,.,. PASSED by the City Council of the City of Meridian, Idaho, this day of November, 2010.11-51-1xx l zjx kiiilk x ss 2010. ATTEST: Jaycee Holman City Clerk ror''of the City of Meridian, Idaho, this day of November, APPROVED: Tammy de Weerd Mayor NOVEMBER 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 8 OF 9 DRAFT Planning Department Report 10-26-10 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 10 - AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 3-4-1, RELATING TO OUTDOOR SALES AND TEMPORARY USES DEFINITIONS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(A)(6), RELATING TO EXCEPTIONS TO LICENSING REQUIREMENTS FOR TEMPORARY USES; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(8), RELATING TO GARAGE SALES; ADDING ANEW SECTION, MERIDIAN CITY CODES ECTION 34-3(C)(9), PROVIDING STANDARDS FOR TEMPORARY CONSTRUC'T'ION SITES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN�h " ...IVE DATE. s � , I ", ; f r £ x f„ `: The full text of this ordinance is available for inspection at City l=ull, City of/Ieridian, 33 East Broadway, Meridian, Idaho. This ordinance shall becom.C, effective upon its papsd ge an publication. ss ss $ s5 s s•s s .,,^ �n##j£s' is#i r Fss ' M., City of Meridian `{ 'Xo r_ Mayor and City Council By: Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension Idaho Code § 50-902: YES":n:- N( Second Reading: Third Reading: jrsant to nry; STATEMENT OF MERIDIAN CITY ATTORNEY AS TO nACY OVSUMMARY MARY OF ORDINANCE NO. 10- Hr{11P �$ FRi'i The undersigned, Gilliam LKNary, 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 adequ notice to the public pursuant to Idaho Code § 50-901A(3). DATED y ytffl-x" da of 2010. .,� William. L.M. Nary City Attorney NOVEMBER 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 9 OF 9 Meridian City Council Meeting DATE: October 26, 2010 ITEM NUMBER: 10A PROJECT NUMBER: ITEM TITLE: Mayor's Office: City Survey Discussion MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS City of Meridian Citizen Survey ORC Project Number: J6609806 .inventic • Text in ALLCAPS is not read to respondents • Text in [ALLCAPS SURROUNDED BY BRACKETS] are interviewer and CATI programming instructions, not read to respondents • Text in bold italics are post -codes for open-end questions. The interviewer does not see these. • (Response options in parenthesis) are read to respondents as necessary • An asterisk (*) next the question name indicates a 5 -star rating question. juestic Introduction [PROGRAMMING NOTE: do not show "refused / don't know / prefer not to answer" for online respondents. Instead, allow respondents to leave questions blank. If we can try to do the following: if respondent leaves a question blank and presses "next" then have a dialogue box open saying "you left xx blank did you mean to do so or would you like to answer xx"] INTROPHONE Hello. This is with Opinion Research Corporation. We are conducting a survey for the City of Meridian about citizen satisfaction with local services. This study is being conducted for research purposes only and may be monitored for quality purposes. [READ IF NECESSARY] The results of this survey may help guide policy decisions that affect residents in your area and could be used to improve services and facilities. [READ IF NECESSARY] Let me assure you this is not a telemarketing call; we are not selling anything. To ensure this survey is representative of Meridian's population, I need to speak with the [MALE/FEMALE] head of the household 18 years of age or older. Would that be you? [PROGRAMMING NOTE] Randomize MALE 66%/FEMALE 33% [PROGRAMMING NOTE] Create extra codes for this question to allow for future age controls. [INTERVIEWER NOTE: IF NO MALE/FEMALE IN HOUSEHOLD CONTINUE SURVEY WITH AVAILABLE HEAD OF HH.] 1 RESPONDENT AVAILABLE 2 RESPONDENT NOT AVAILABLE [CTRL -END, SCHEDULE CALLBACK] 3 NO ONE IN HOUSEHOLD IS 18 OR OLDER [SKIP TO THANK2] 4 [USE AS NEEDED LATER IN STUDY] NO ONE IN HOUSEHOLD OVER 18 [SKIP TO THANK2] 7 LANGUAGE BARRIER [SKIP TO LANG2] 9 DON'T KNOW/REFUSED [SKIPTO THANK8] LANG2 [IF INTRO = 7] May I speak to another adult household member who would be most comfortable speaking English? 1 YES [SKIP TO INTRO] 2 NO / NO ONE AVAILABLE [SKIP TO THANKLB] INTROWEB [IF WEB SAMPLE] Thank you for agreeing to complete this important survey for the City of Meridian. We appreciate you taking the time to answer the following questions. Please know that your input will be used to improve City services to the community. City of Meridian: 2010 Citizen Survey Submitted by: Opinion Research Corporation Comment [nbi]: Look at the national census to determine the probability of someone in the 18-24 age range being a HofHH. Then, when we weight at the city level. We take the 18-24 distribution of that city and multiply it by the probability determined above. Use the new statistic to weight. SCREEN/NG SECT/ON (2-5 Questions) [PROGRAMMING NOTE: NEW SECTION FOR TIMING] SCR1 [ASK IF SCREENERFLAG=11 For this survey it is important that we only interview residents of the city of Meridian. To the best of your knowledge, do you live within the city limits of Meridian? [IF NEEDED PROBE: DO YOU PAY YOUR WATER, SEWER, AND TRASH BILL TO THE CITY OF MERIDIAN?] 1 YES 2 NO [SKIP TO THANK4] 9 DON'T KNOW / REFUSED [SKIP TO THANK41 SCR4 [PHONE SAMPLE] ENTER RESPONDENT'S GENDER [ONLINE SAMPLE] Are you ... 1 Male 2 Female SCR5A In what year were you born? ENTER 4 -DIGIT YEAR [EXAMPLE 1980] 888 DON'T KNOW 999 REFUSED SCR513 [IF SCR5A = 888 OR 999] Which of the following categories does your age fall into? [READ OPTIONS] 1 18-24, 2 25-34, 3 35-44, 4 45-54, 5 55-64, or 6 65 or over? 8 DON'T KNOW 9 REFUSED [PROGRAMMING NOTE: COMPUTE REGION—BAN = "REGION" VARIABLE IN SAMPLE.] Meridian to be broken down into 4 geographic areas - TBD [PROGRAMMERS NOTE: QUOTAS ARE ONLY TO BE SET UP / ENFORCED FOR PHONE SAMPLE] [PROGRAMMING NOTE PHONE ONLY: COMPUTE REG ION_QUOTA=REGION_BAN] IF THE REGION QUOTA GROUP IS FULL, SKIP TO TSREC1] City of Meridian: 2010 Citizen Survey Submitted by: Opinion Research Corporation 5 -STAR RATING QUESTIONS & Questions * -- Required) [PROGRAMMING NOTE: NEW SECTION FOR TIMING] Al What would you say is the single most important issue facing Meridian? [OPEN ENDED RESPONSE — DO NOT READ LIST - TAKE ONLY THE FIRST RESPONSE] 1 PUBLIC TRANSPORTATION / BUS SYSTEM 2 TRAFFIC / CONGESTION / DIFFICULT TO GET AROUND / TOO MANY CARS 3 GROWTH BEYOND BOUNDARIES / GETTING TOO BIG, TOO FAST/ REDUCTION OF FARM LAND AND OPEN SPACES 4 POLLUTION (GENERAL) / AIR QUALITY / WATER QUALITY/ ENVIRONMENT S CRIME / DRUGS (NOTE TO INTERVIEWER: PEOPLE TEND TO MENTION SPECIFIC CRIMES) 6 UNEMPLOYMENT/ ECONOMY 7 PLANNING / ANNEXATION / ZONING 8 LOCAL TAXES (I. E., PROPERTY TAX) 9 SUPPORTING CURRENT AND ATTRACTING NEW BUSINESSES 10 OTHER [SPECIFY] 99 DON'T KNOW / REFUSED Q1* Using a scale from "0" to "10" where "0" means the quality of life in Meridian "does not meet your expectations at all" and "10" means the quality of life "greatly exceeds your expectations", how would you rate the overall quality of life in Meridian? Does Not Meet Extremely Close to Ideal 0 1 2 3 4 5 6 7 8 9 10 Greatly Expectations at Exceeds All Expectations 0 1 2 3 4 5 6 7 8 9 10 Q2* How would you rate the overall quality of services provided by the City of Meridian, where "0" means "does not meet your expectations at all" and "10" means the quality of services "greatly exceeds your expectations"? Does Not Meet Extremely Close to Ideal 0 1 2 3 4 5 6 7 8 9 10 Greatly Expectations at Exceeds All Expectations 0 1 2 3 4 5 6 7 8 9 10 Q3* Still thinking about the overall quality of life, how closely does Meridian match your view of an 'ideal' city to live in, where "0" means the quality of life is "Not at all close to ideal" and "10" means the quality of life is "Extremely close to ideal"? Not at All Close to Ideal Extremely Close to Ideal 0 1 2 3 4 5 6 7 8 9 10 Q4* Using a scale from "0" to "10" where "0" means "Strongly headed in the wrong direction" and 10 means "Strongly headed in the right direction", overall, would you say that Meridian is headed in the right or wrong direction? Strongly Headed Strongly in Wrong Direction Headed in Right Direction City of Meridian: 2010 Citizen Survey Submitted by: Opinion Research Corporation 0 1 1 2 3 1 4 1 5 1 6 1 7 8 9 10 Q5* Thinking about services and facilities in the City of Meridian, do you feel you are getting your money's worth for your city tax dollar or not? Please use a scale from 0 to 10 where "0" means "definitely not getting your money's worth and "10" means "Definitely getting your money's worth. QUAL/TY OF LIFE METRICS (18 Questions) QOL1 (4 attr) Using a scale from "0" to "10" where "0" means "poor" and "10" means "excellent," how would you rate Meridian as ... [RANDOMIZE QOL1A-QOL1F1 Poor Excellent 0 1 2 3 4 5 6 7 8 9 10 88 DON'T KNOW 99 REFUSED QOL1A A place to live QOL1B A place to work QOL1E A place to raise a family QOL1F A place to start / do business A1H What makes Meridian a good place to live? [OPEN ENDED RESPONSE — DO NOT READ LIST - TAKE ONLY THE FIRST RESPONSE] Al! What would you like the City to do better? [OPEN ENDED RESPONSE — DO NOT READ LIST - TAKE ONLY THE FIRST RESPONSE] QOL2 (12 attr) [PHONE SAMPLE DISPLAY] Next, I am going to read you a list of general statements about the City of Meridian. As I read each one, please rate the statements on a scale from 0 to 10 where "0" means "poor" and "10" means "excellent". How would you rate the City of Meridian in terms of... [READ IF NECESSARY] Your opinion does not need to be based on personal experience, you may use anything you have seen, read, or heard. [INTERVIEWER NOTE] RE -READ THE ENTIRE QUESTION AS NECESSARY. [ONLINE SAMPLE DISPLAY] Please rate each of the following statements on a scale from 0 to 10 where "0" means "poor" and "10" means "excellent". (Your opinion does not need to be based on personal experience, you may use anything you have seen, read, or heard.) [RANDOMIZE QUESTIONS QOL2A THROUGH QOL2Q] Would you say (it is)...? Poor Excellent 0 1 2 3 4 5 6 7 8 9 10 88 DON'T KNOW 99 REFUSED QOL2A Building a strong sense of community QOL2B Developing a strong local economy QOL2C Developing a strong local workforce that can compete in today's economic climate QOL2D Having a clear strategic vision and plan City of Meridian: 2010 Citizen Survey Submitted by: Opinion Research Corporation Definitely Not Definitely Getting Money's Getting Money's Worth Worth 0 1 2 3 4 5 6 7 8 9 10 QUAL/TY OF LIFE METRICS (18 Questions) QOL1 (4 attr) Using a scale from "0" to "10" where "0" means "poor" and "10" means "excellent," how would you rate Meridian as ... [RANDOMIZE QOL1A-QOL1F1 Poor Excellent 0 1 2 3 4 5 6 7 8 9 10 88 DON'T KNOW 99 REFUSED QOL1A A place to live QOL1B A place to work QOL1E A place to raise a family QOL1F A place to start / do business A1H What makes Meridian a good place to live? [OPEN ENDED RESPONSE — DO NOT READ LIST - TAKE ONLY THE FIRST RESPONSE] Al! What would you like the City to do better? [OPEN ENDED RESPONSE — DO NOT READ LIST - TAKE ONLY THE FIRST RESPONSE] QOL2 (12 attr) [PHONE SAMPLE DISPLAY] Next, I am going to read you a list of general statements about the City of Meridian. As I read each one, please rate the statements on a scale from 0 to 10 where "0" means "poor" and "10" means "excellent". How would you rate the City of Meridian in terms of... [READ IF NECESSARY] Your opinion does not need to be based on personal experience, you may use anything you have seen, read, or heard. [INTERVIEWER NOTE] RE -READ THE ENTIRE QUESTION AS NECESSARY. [ONLINE SAMPLE DISPLAY] Please rate each of the following statements on a scale from 0 to 10 where "0" means "poor" and "10" means "excellent". (Your opinion does not need to be based on personal experience, you may use anything you have seen, read, or heard.) [RANDOMIZE QUESTIONS QOL2A THROUGH QOL2Q] Would you say (it is)...? Poor Excellent 0 1 2 3 4 5 6 7 8 9 10 88 DON'T KNOW 99 REFUSED QOL2A Building a strong sense of community QOL2B Developing a strong local economy QOL2C Developing a strong local workforce that can compete in today's economic climate QOL2D Having a clear strategic vision and plan City of Meridian: 2010 Citizen Survey Submitted by: Opinion Research Corporation QOL2E Planning for future population growth and residential development QOL2F Developing a sustainable and environmentally conscious community QOL21 the quality of the natural environment — e.g., air & water quality QOL2H Maintaining high quality neighborhoods QOL21 Addressing traffic and/or generally improving the ability to travel around the area QOL2' Providing options for travel other than driving — e.g., walking, bicyclingnd buse QOL2L Ensuring public safety QOL2Zj Improving the vibrancy and quality of Meridian's downtown core QUAL/TY OF SERV/CES (31 Questions) QOS1 (23 attr) [PHONE SAMPLE DISPLAY] Now, I am going to read you a list of items that are part of the broad range of services offered by the City of Meridian. As I read each one, please tell me how you would rate the city of Meridian using a scale from 0 to 10 where "0" means "poor" and "10" means "excellent". [READ IF NECESSARY] Your opinion does not need to be based on personal experience, you may use anything you have seen, read, or heard. [INTERVIEWER NOTE] RE -READ THE ENTIRE QUESTION AS NECESSARY. [ONLINE SAMPLE DISPLAY] Now, please rate each of the following services offered by the City of Meridian using a scale from 0 to 10 where "0" means "poor" and "10" means "excellent". (Your opinion does not need to be based on personal experience, you may use anything you have seen, read, or heard.) [RANDOMIZE QOS1A — QOSIAK] Poor Excellent 0 1 2 1 3 4 5 6 7 8 9 10 88 DON'T KNOW 99 REFUSED QOS1A Emergency medical services QOS113 Fire protection QOS1C Police department / law enforcement Q021D Code enforcement QOS1F Traffic enforcement QOS1G Animal control QOS1J Availability of recreation programs and classes QOS11 Planning & zoning services QOS1M Sewer services QOS1N Water services QOS1P Garbage / trash pick-up services QOS1V Recycling services QOS11M Availability of city parks QOS*B Quality and appearance of city parks QOS1AC Range and variety of activities in city parks QOSIAD Safety in city parks QOS1AE Availability of recreation or community centers and facilities QOS1AF Programs for seniors QOS1 AG Programs for youth QOS1j Building services QOS1 Quality and variety of special events City of Meridian: 2010 Citizen Survey Submitted by: Opinion Research Corporation Deleted: WATSEW [PHONE DISPLAY] Using a scale from 0 to 10 where "0" means "very poor value" and "10" means "very good value," do you feel you receive good value for your money or poor value for your money for Meridian's water and sewer services? [WEB DISPLAY] Please tell me whether you feel you receive good value for your money or poor value for your money from Meridian's water and sewer services. Use a scale from 0 to 10 where "0" means "very poor value" and "10" means "very good value." Very Poor value [UNREAD LIST: TAKE FIRST ANSWER ONLY, IF MULTIPLE PROBE FOR MOST RECENT CONTACT.] [IF RESPONDENT SAYS WATER, PLEASE CLARIFY "WATER OR WASTEWATER DIVISION"] 1 CITY ATTORNEY 2 CITY CLERK 3 Very good value 0 1 2 3 4 5 6 7 8 9 10 88 DON'T KNOW 99 REFUSED INTERACTI. Have you had any interactions with City of Meridian employees by email, in-person, or by phone in the past 12 months? [PHONE ONLY INSTRUCTION] IF YES PROBE FOR TYPE OF CONTACT AND CHECK ALL THAT APPLY 1 YES – E-MAIL 2 YES – PHONE 3 YES—IN PERSON 4 NO 8 DON'T KNOW 9 REFUSED INTERACT2. [ASK IF A4A=1 OR QA4A=2 OR QA4A=3] What department did you interact with most recently? [UNREAD LIST: TAKE FIRST ANSWER ONLY, IF MULTIPLE PROBE FOR MOST RECENT CONTACT.] [IF RESPONDENT SAYS WATER, PLEASE CLARIFY "WATER OR WASTEWATER DIVISION"] 1 CITY ATTORNEY 2 CITY CLERK 3 CITY COUNCIL 4 FINANCE 5 FIRE 6 HUMAN RESOURCES 7 MAYOR'S OFFICE 8 PARKS AND RECREATION 9 PLANNING 10 POLICE 11 PUBLIC WORKS 12 PURCHASING 13 SANITARY SERVICES CO. 14 UTILITY BILLING 15 TECHNOLOGY 16 WATER DIVISION 17 WASTE WATER DIVISION 18 BUILDING SERVICES DIVISION City of Meridian: 2010 Citizen Survey Submitted by: Opinion Research Corporation QOS2 (5attr). [ASK IF A4A=1 OR QA4A=2 OR QA4A=3] [PHONE DISPLAY] Using a scale from 0 to 10 where "0" means "Very dissatisfied" and "10" means "very satisfied", please tell me how satisfied or dissatisfied you are with each of the following aspects of your contact with City of Meridian employees? [WEB DISPLAY] Please indicate how satisfied or dissatisfied you are with each of the following aspects of your contact with City of Meridian employees? Use a scale from 0 to 10 where "0" means "Very dissatisfied" and "10" means "very satisfied". [RANDOMIZE QOS2A — QOS2E] Very Dissatisfied Very Satisfied 0 1 2 3 4 5 6 7 8 9 10 88 DON'T KNOW 99 REFUSED QOS2A. Courtesy QOS213. Knowledge QOS2C. Responsiveness QOS2D.The accuracy of the information provided QOS2E. Your overall satisfaction BUDGET PRIORITIES (4 Questions) BUD1 As the City is planning for the next 2-5 years, what would you like the city to make its highest s dit priority when allocating funding to programs and services? [OPEN-END] BUD2A Next is a question to get at City spending priorities in a slightly different way. I'm going to read you a list of 10 priorities. After I read through the list, please tell me which is the most important for the City to give priority to over the next two years. BUD213 Which is the second most important? BUD2C Which is the third most important? [RANDOMIZE THE LIST] [READ ALL CHOICES BEFORE ALLOWING RESPONDENT TO ANSWER] 1 Parks and open space 2 Retaining and attracting businesses 3 Public transportation 4 Public safety such as fire, police, and prosecution 5 Community services, such as recreation programs, youth and senior programs 6 Visual and performing arts programs 7 Planning for growth 8 Environmental programs, such as composting, recycling,water conservation and reclaimed water 9 Downtown redevelopment 10 Additional pathways and bike lanes City of Meridian: 2010 Citizen Survey Submitted by: Opinion Research Corporation /NFORMA TION (6 Questions) E1 Where do you get information about Meridian's services and programs. [OPEN END — UNREAD LIST] 1 CITY WEBSITE 2 OTHER INTERNET 3 TV/N EWS 4 FLYERS IN UTILITY BILLS 5 INFORMATION BOOKLETS/CITY PUBLICATIONS 6 NEWSPAPER 7 RADIO 8 EMAILS FROM THE CITY 9 EVENTS SUCH AS STATE OF THE CITY AND COFFEE WITH THE MAYOR 10 LIBRARY 88 OTHER (SPECIFY) 99 DON'T KNOW / REFUSED E2 Using a scale from 0 to 10 where "0" means "poor" and "10" means "excellent", how would you rate the City of Meridian in terms of the availability of information about city programs and services? Would you say it is... Poor Excellent 0 1 2 3 4 5 6 7 8 9 10 88 DON'T KNOW 99 REFUSED QOS3 (2 attr) Using a scale from 0 to 10 where "0" means "poor" and "10" means "excellent", how would you rate the City of Meridian in terms of [RANDOMIZE QOS313 — QOS3C] Would you say it is... Poor I I Excellent 0 1 1 2 3 4 5 6 7 8 9 10 88 DON'T KNOW 99 REFUSED QOS3B. Effectiveness of city communications with the public QOS3C. Opportunities for public involvement in local decision-making QOS3D: eV the City of Meridian's website SERV/CE USAGE PROFILING (10 Questions) TSQINT [PHONE DISPLAY] Now, I'm going to ask you a few questions about your past use of city services. [ONLINE DISPLAY] The next few questions are about your past use of city services. TSQS In the past 12 months, have you personally or a member of your immediate family visited a City of Meridian park? [ENTE ALL THAT APPLY] 1 YES, MYSELF PERSONALLY 2 YES, HOUSEHOLD MEMBER 3 NO 9 DON'T KNOW / REFUSED City of Meridian: 2010 Citizen Survey Submitted by: Opinion Research Corporation TOSQ5A [ASK IF TSQ5=1 OR TSQ5=21 In the past 12 months, how often have you personally or a member of your immediate family member visited a City of Meridian Park? 1 Less than once a month, 2 Once a month, 3 Two to three times a month, or 4 Once a week or more often? 8 OTHER (SPECIFY) 9 DON'T KNOW / REFUSED In the past 12 months, have you personally or a member of your immediate family member participated in a City of Meridian recreation program [ONLINE DISPLAY "Such as art classes, youth activities, sports leagues, etc."]? [AS NECESSARY] Such as art classes, youth activities, sports leagues, etc. 1 YES, MYSELF PERSONALLY 2 YES, HOUSEHOLD MEMBER 3 NO 9 DON'T KNOW / REFUSED Have you personally had any contact with Meridian's police during the past 12 months? 1 YES 2 NO 8 DON'T KNOW 9 REFUSED 8 [ASKIF Q67A=1] What was the nature of that contact? READ LIST IF NECESSARY 1 REPORTED A CRIME TO POLICE 2 ROUTINE TRAFFIC STOP 3 TRAFFIC ACCIDENT 4 ASKED FOR INFORMATION OR ADVICE 5 PARTICIPATED IN A COMMUNITY ACTIVITY WITH POLICE 6 CODE ENFORCEMENT ISSUES RELATED TO NUISANCE CALLS SUCH AS WEEDS, SIGNS, ABANDONED CARS 7 ANIMAL CONTROL ISSUES SUCH AS LOOSE DOGS, BARKING DOGS, ANIMAL SHELTER, ETC 8 ARRESTED OR SUSPECTED OF A CRIME 88 OTHER TYPE OF CONTACT [PLEASE DESCRIBE] 98 DON'T KNOW 99 REFUSED [ASKIF Q67A = 1] Using a scale from 0 to 10 where "0" means "poor" and "10" means "excellent", how would you rate the handling of the contact by police? Poor Excellent 0 1 1 1 2 3 4 5 6 7 1 8 y I lu 88 DON'T KNOW 99 REFUSED What do you believe is the most serious crime -related problem in your neighborhood? [READ LIST AND CHECK ONE ROTATE LIST 1- 9] 1 Property crime / burglaries 2 Juvenile crime 3 Drug-related crime 4 Gang -related crime 5 Vandalism 6 Code enforcement issues related to nuisance calls such as weeds, signs, abandoned cars City of Meridian: 2010 Citizen Survey Submitted by: Opinion Research Corporation 7 Domestic violence 8 Animal control issues 9 Parking 10 Something else — please describe 11 NONE OF THE ABOVE / NO SERIOUS CRIME IN NEIGHBORHOOD 88 DON'T KNOW 99 REFUSED Have you had any contact with Meridian's fire department during the past 12 months? 1 YES 2 NO 8 DON'T KNOW 9 REFUSED [ASKIF Q68A =1] Using a scale from 0 to 10 where "0" means "poor" and "10" means "excellent", how would you rate the handling of the contact by the fire department? Poor Excellent 0 1 2 3 4 5 6 7 8 9 10 N'T N 88 DOKOW 99 REFUSED Does your home have a smoke detector? 1 YES 2 NO 8 DON'T KNOW 9 REFUSED 5B Some neighborhoods have what is called a "sense of community. " People know their neighbors, may form Neighborhood Watches or have block parties, and truly think of the others in the same area as "neighbors." Using a scale from 0 to 10 where "0" means "no sense of community at all" and "10" n rrvnry c+rnnrr cnncn of rnmmimitw" hn\A/ Wriiild vnii rata vniir nPiahhnrhnnri___ 88 DON'T KNOW 99 REFUSED City of Meridian: 2010 Citizen Survey Submitted by: Opinion Research Corporation 111C.a11J Q HCI y JL1%./1 Ib I.J%- V. liV......"I..ly , ��V-- -�Vv..... 7- 'v.... .._.0...__ __----- No sense of Very strong community at sense of all community 0 1 2 3 4 5 6 7 8 9 10 88 DON'T KNOW 99 REFUSED City of Meridian: 2010 Citizen Survey Submitted by: Opinion Research Corporation SPEC/AL TOP/CS (12 Questions) SP1 (8 ATTR) Using a scale from 0 to 10 where "0" means the City of Meridian should t invest any dollars" and "10" means the City should make it a ' : how would you rate each of the fnIIMA/Ina W. V .. , , .0. Not invest any -_ Make a high dollars 1 2 3 4 5 6 7 8 9 priority for investment 0 1 2 3 4 S 6 7 8 9___F 10 88 DON'T KNOW 99 REFUSED SP1A. Protecting and restoring natural waterways and wetlands SP113. Supporting energy efficiency and other environmental programs SP1C. Building a composting facility for yard waste SP1D. Building a year-round recreation center that offers a gymnasium and meeting space SP1E. Building dog parks SP1F. Building a performing arts center SP1G. Building a community center SP1H. Adding more bike lanes and pathways SMA To what extent are weed lots, junk lots, graffiti, abandoned automobiles, and dilapidated houses or buildings currently a problem in your neighborhood? Would you say... 1 Not a problem at all, 2 Only a small problem, 3 Somewhat of a problem, or 4 A big problem? 8 DON'T KNOW 9 REFUSED SP" [ASKIF SP4A=2, 3 or 41 Which of the following items are specific problem in your neighborhood? [READ LIST AND CHECK ALL THAT APPLY] 1 Weed lots 2 Junk lots 3 G rafitti 4 Abandoned automobiles S Dilapidated houses or buildings 88 Something else [please describe] 98 DON'T KNOW 99 REFUSED Ift [PHONE SAMPLE] Using a scale from 0 to 10 where "0" means "Strongly Disagree" and "10" means "Strongly Agree," please tell me how much you agree or disagree that The City of Meridian should prohibit smoking in public parks. [ONLINE SAMPLE] Using a scale from 0 to 10 where "0" means "Strongly Disagree" and "10" means "Strongly Agree," please indicate how much you agree or disagree that The City of Meridian should prohibit smoking in public parks. [RANDOMIZE 13113 AND 131C] Strongly Disagree Strongly Agree 0 1 2 3 4 5 6 7 8 9 10 88 DON'T KNOW 99 REFUSED City of Meridian: 2010 Citizen Survey Submitted by: Opinion Research Corporation Demographics (xx questions) DEMOINT The following questions are for classification purposes only. Your answers will remain strictly confidential and will only be used to help us group your answers. DEM01 Do you live in ...? [PROBE:] Which of these best describes the home in which you live? 1 A manufactured, trailer or mobile home; 2 An apartment; 3 A condominium 4 Townhouse, or duplex; 5 A detached single-family house; or 6 Something else? [SPECIFY — CODE AS APPROPRIATE] 8 DON'T KNOW 9 REFUSED DEM02 Do you own or rent your home? 1 OWN (EITHER OUTRIGHT OR WITH A MORTGAGE OR LOAN 2 RENT (FOR CASH RENT 3 OTHER [SPECIFY] 8 DON'T KNOW 9 REFUSED DEM03 How many years have you lived in Meridian? ENTER NUMBER OF YEARS [VARIABLE NAME DEM03_YEARS] ENTER NUMBER OF MONTHS [VARIABLE NAME DEM03—MONTHS] 888 DON'T KNOW 999 REFUSED DEM04 Including yourself, how many people currently live in your household in each of the following age categories? [PROGRAMMERS NOTE:BLANK FIELDS SHOULD BE SET TO A VALUE OF ZERO] A. 18 and over B. 15 to 17 C. 10 to 14 D. 5 to 9 E. Under 5 years of age [PROGRAMMERS NOTE: LOGIC CHECK DEM4A MUST BE AT LEAST 1] COMPUTE NEW VARIABLE DEM5A=DEM4A COMPUTE NEW VARIABLE DEMSB= (DEM4A+DEM4B+DEM4C+DEM4D+DEM4E] DEM413 Does your household have a dog? 1 YES 2 NO 8 DON'T KNOW 9 REFUSED City of Meridian: 2010 Citizen Survey Submitted by: Opinion Research Corporation DEM04C [ASK IF DEM04A=11 How many? 1 ONE 2 TWO 3 THREE 4 FOUR OR MORE 8 DON'T KNOW 9 REFUSED WORK Which of the following best describes your current employment status? [PROMPT] By student we mean attending any type of school — college, high school, vocational -technical, etc. [INTERVIEWER NOTE] If has more than one job, probe for primary job (where respondent spends most of his / her time. 1 Employed Full -Time; 2 Employed Part -Time; 3 Self -Employed; 4 Non Employed Outside the Home, a Homemaker; 5 Retired; 6 A Full -Time Student — Not Working; 7 Student—Working Full -Time 8 Student — Working Part -Time 9 Unemployed Due To A Disability; 10 Unemployed Looking For Work; Or 11 Unemployed Not Looking For Work? 12 Other [SPECIFY] 99 REFUSED INCOMEI. What is the approximate total annual family income of all members of your household? 1 Less than $20,000 2 $20,000 to less than $35,000 3 $35,000 to less than $50,000 4 $50,000 to less than $75,000 5 $75,000 to less than $100,000 6 $100,000 to less than $150,000 7 $150,000 to less than $200,000 8 $200,000 or more 98 Not sure 99 Prefer not to answer TEL1 [ASK IF ONLINE SAMPLE] Do you have a landline telephone in your home that is used to make and receive calls? By landline telephone we mean a "regular' telephone in your home that is connected to outside telephone lines through a cable or cord and is used to make and receive calls. 1. YES 2. NO 9. PREFER NOT TO ANSWER TEL2. [ASK IF ONLINE SAMPLE] Do you have a cell -phone in your home that is used to make and receive calls? 1. YES 2. NO 9. PREFER NOT TO ANSWER City of Meridian: 2010 Citizen Survey Submitted by: Opinion Research Corporation TEL3. [ASK IF TELEPHONE SAMPLE] In addition to your normal telephone, do you have a cell -phone in your home that is used to make and receive calls? 1. YES 2. NO 9. PREFER NOT TO ANSWER TEL4 [ASK IF: (TEL1=1 AND TEL2=1) OR TEL3=1]] Do you primarily use your cell phone or landline to make and receive calls? 1 PRIMARILY CELL PHONE 2 PRIMARILY LANDLINE 3 BOTH EQUALLY 9 DON'T KNOW / REFUSED DIAL And finally, just to verify, did I reach you by dialing [PHONE NUMBER]? 1 YES 2 NO 9 DON'T KNOW / REFUSED CORRECT [IF DIAL = 2] What is your correct phone number? ### - ### - ####ENTER PHONE NUMBER [SKIP TO THANK1] 9999999999 REFUSED [SKIP TO THANK1] Thank Screens THANKI Thank you very much for completing this survey for the City of Meridian. Your opinions are important to us! Have a good day / evening. Look for the survey results to be posted on the City of Meridian's website in early February. [COMPLETE] THANK2 I'm sorry, but we are only interviewing people who are 18 or older. Have a good day/evening. [NQ - AG E] THANK4 I'm sorry, but we are only interviewing households within the limits of an incorporated city today. Have a good day/evening. [NQ - REGION] THANK8 I'm sorry, but we cannot continue without that information. Have a good day/evening. [SCREENER REFUSAL] THANKOQ Those are all the questions we have. Have a good day/evening. [OVER QUOTA] THANKLB Thank you for your time, but we are unable to complete this survey in the language you are most comfortable speaking. Have a good day/ evening. [LANGUAGE BARRIER] City of Meridian: 2010 Citizen Survey Submitted by: Opinion Research Corporation Programming instructions [COMPUTE NEW VARIABLE — AGE] [AGE=2010 MINUS ANSWER FROM SCRSA] [COMPUTE NEW VARIABLE AGE—BAN.] [IF (AGE >_ 18 AND AGE <_ 34) AG E_BAN=1.] [IF (AGE >_ 35 AND AGE <_ 54) AG E_BAN=2.] [IF (AGE >_ 55) AG E_BAN=3.] [DO IF (SCR5A=888 I SCR5A=999) IF (SCR513=1 SCR513=2) AGE _BAN=1. IF (SCR513=3 SCR513=4) AGE_BAN=2. IF (SCR5B=5 SCR5B=6) AGE_BAN=3. END IF.] [VAR LAB AGE _BAN "AGE—BAN — Banner point for age variable" VAL LAB AGE _BAN 1 "18 to 34" 2 "35 to 54" 3 "55 and older". [PROGRAMMERS NOTE: COMPUTE NEW VARIABLE HHTYPE. IF (DEM01=1 HHTYPE=1. IF (DEM01=5 HHTYPE=1. IF (DEM01=2 HHTYPE=2. IF (DEM01=3 HHTYPE=2. IF (DEM01=4 HHTYPE=2. IF (DEM01=6 HHTYPE=3. IF (DEM01=8 OR DEMO1=9 HHTYPE=9. VAR LAB HHTYPE "Banner Point Household Type". VAL LAB HHTYPE 1 "Single-family" 2 "Multi -family" 3 "Other" 9 "Don't know / Prefer not to answer".] [PROGRAMMING NOTE: COMPUTE NEW VARUABLE TENURE—BAN.] [IF (DEM02=1 TENURE_BAN=1.] [IF (DEM02=2 TENURE_BAN=2.] [IF (DEM02=3 TENURE _BAN=B.] [IF (DEM02=8 1 DEM02=9 TENURE_BAN=9.] [VAR LAB TENURE _BAN "TENURE BAN — Variable to determine tenure for banners".] [VAL LAB TENURE—BAN 1 "Own" 2 "Rent" 8 "Other (code these 9 "Don't know / Refused".] [PROGRAMMERS NOTE COMPUTE NEW VARIABLE RESIDENCE_CITYMARKS. IF (DEM03_YEARS=O AND (DEM03_MONTHS >_1 AND DEM03_MONTHS <_ 5 RES IDENCE_CITYMARKS=1. IF (DEM03_YEARS=O AND (DEM03_MONTHS >_6 RESIDENCE_CITYMARKS=2. IF (DEM03_YEARS>_1 AND DEM03_YEARS53 RESIDENCE_CITYMARKS=3. IF (DEM03_YEARS>_4 AND DEM03_YEARS:_5 RESIDENCE_CITYMARKS=4. IF (DEM03_YEARS>_6 AND DEM03_YEARS<_10 RESIDENCE_CITYMARKS=S. IF (DEM03_YEARS>_10 AND DEM03_YEARS:5888 RESIDENCE_CITYMARKS=6.] IF (DEM03_YEARS=888 OR DEM03_YEARS=999 RESIDENCE_CITYMARKS=9.] [VAR LAB RESIDENCE_CITYMARKS "RESIDENCE_CITYMARKS — Length of residence variable for comparison against other CityMARKS projects". VAL LAB RESIDENCE_CITYMARKS 1 "5 months or less" 2 "6 to 11 months" 3 "1 to 3 years" 4 "4 to 5 years" 5 "6 to 10 years" 6 "More than 10 years" 9 "Don't Know / Prefer not to answer".] [PROGRAMMERS NOTE COMPUTE NEW VARIABLE RESIDENCE—BAN. IF (DEM03_YEARS:52 RESIDENCE _BAN=1. IF (DEM03_YEARS>_3 AND DEM03_YEARS:54 RESIDENCE_BAN=2. IF (DEM03_YEARS>_5 AND DEM03_YEARS5888 RESIDENCE_BAN=3. IF (DEM03_YEARS=888 OR DEM03_YEARS=999 RESIDENCE_BAN=9. VAR LAB RESIDENCE—BAN "RESIDENCE—BAN — Length of residence banner point". City of Meridian: 2010 Citizen Survey Submitted by: Opinion Research Corporation VAL LAB RESIDENCE—BAN 1 "2 Years or less" 2 "3 to 4 years" 3 "5+ years" 9 "Don't know / Prefer not to answer".] [PROGRAMMERS NOTE: COMPUTE NEW VARIABLE HHCOMP. IF (DEM413>0 OR DEM4C>0 OR DEM4D>0 OR DEM4E>0 HHCOMP=1. IF (DEM413=0 AND DEM4C=0 AND DEM4D=0 AND DEM4E=0 HHCOMP=2. IF (DEM513>0 AND DEM513<98 HHCOMP=2. VAR LAB HHCOMP "HHCOMP — Banner to determine household composition as with or without child". VAL LAB HHCOMP 1 "Children" 2 "No Children". [PROGRAMMERS NOTE: COMPUTE NEW VARIABLE PHONE—USE] IF (TEL1=2 AND TEL2=1) PHONE_USE=1. IF (TEL4=1) PHONE_USE=2. IF (TEL4=3) PHONE_USE=3. IF (TEL4=2) PHONE_USE=4. IF ((TEL1=1 AND TEL2=2) OR TEL3=2) PHONE_USE=5. VAR LAB PHONE _USE "PHONE—USE — Variable to determine type of phone respondents use most (computed from TEL1 TEL2 TEL3 AND TEL4)". VAL LAB PHONE _USE 1 "Cell phone only" 2 "Cell phone primary" 3 "Both equally" 4 "Landline primary" 5 "Landline only". [PROGRAMMERS NOTE: COMPUTE NEW VARIABLE: PHONE—TYPE. IF (TEL1=2 AND TEL2=1) PHONE_TYPE=1. IF ((TEL1=1 AND TEL2=1) OR TEL3=1) PHONE _TYPE=2. IF ((TEL1=1 AND TEL2=2) OR TEL3=2) PHONE_TYPE=3. VAR LAB PHONE TEL3 AND TEL4)"._TYPE "PHONE—TYPE — Type of phone respondent primarily uses (computed from TEL1 TEL2 VAL LAB PHONE—TYPE 1 "Cell phone only" 2 "Both" 3 "Landline only". [PROGRAMMERS NOTE: COMPUTE NEW VARIABLE: WORKBAN. IF (WORK < 4 WORKBAN=1. IF (WORK=7 WORKBAN=1. IF (WORK=8 WORKBAN=1. IF (WORK=4 WORKBAN=2. IF (WORK=5 WORKBAN=2. IF (WORK=6 WORKBAN=2. IF (WORK=9 WORKBAN=2. IF (WORK=10 WORKBAN=2. IF (WORK=11 WORKBAN=2. IF (WORK=12 WORKBAN=2. IF (WORK=99 WORKBAN=9. VAR LAB WORKBAN "Banner Point Employment Status". VAL LAB WORKBAN 1"Employed" 2 Not employed 9 Dont know / Prefer not to answer .] [PROGRAMMERS NOTE: COMPUTE NEW VARIABLE INCOME—BAN. IF (INCOME1=1 OR INCOME1=2 INCOME_BAN=1. IF (INCOME1=3 INCOME _BAN=2. IF (INCOME1=4 INCOME_BAN=3. IF (INCOME1 >_ 5 AND INCOME1 <_ 8=INCOME_BAN=4. IF (INCOME1=98 OR INCOME1=99 INCOME_BAN=9. VAR LAB INCOME _BAN "INCOME _BAN — Income categories for banner analysis". VAL LAB INCOME BAN 1 "Less than $35,000" 2 "$35,000 to less than $50,000" 3 "$50,000 to less than $75,000" 4 "$75,000 or more" 9 "Don't know / Prefer not to answer".] City of Meridian: 2010 Citizen Survey Submitted by: Opinion Research Corporation