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HomeMy WebLinkAbout2012-03-13CwIWIER'IIDAN- AHO CITY COUNCIL WORKSHOP MEETING AGENDA Tuesday, March 13, 2012 at 3:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun X_ Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Approve Minutes of February 21, 2012 PreCouncil Meeting B. Approve Minutes of February 21, 2012 City Council Regular Meeting C. Approve Minutes of February 28, 2012 City Council Regular Meeting D. Final Order for Approval: TEC 12-001 Seyam Subdivision by Ronald W. VanAuker Located North Side of E. Franklin Road, Approximately 1,200 Feet East of Eagle Road Request: Time Extension Approval on the Preliminary Plat for Seyam Subdivision in Order to Obtain the City Engineer's Signature on the Final Plat E. Recreational Pathway Easement for ICON Credit Union F. Sanitary Sewer Main Easement with Viper Investments, LLC for the Construction and Maintenance of the Pine Trunk Sewer Line G. Approval of Beer, Wine and Liquor Licenses for 2012-2013 as Follows: Ultra Touch Car Wash 835 E. Fairview Ave. Beer Pinnacle Sports Grill 2902 N. Eagle Rd. Beer/Wine/Liquor Ling & Louie's 3210 E. Louise Dr. Beer/Wine/Liquor Sa-wad-dee 1890 E. Fairview Ave. Suite B Beer/Wine/Liquor Meridian City Council Meeting Agenda — Tuesday, March 13, 2012 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 5. A 7 H. Approve Task Order 10238b for Meridian WWTP RAS Conveyance System Reconfiguration to CH2M HILL for the Not -To -Exceed amount of $219,850.00.00 Award of RFP and Agreement for Meridian Police Station Retro - Commission for the Not -To -Exceed Amount of $120,000.00 Community Items/Presentations A. Kleiner Park Update Items Moved From Consent Agenda None Action Items A. Continued from March 7, 2012: AP 12-001 Request: Appeal for a City Council Review of the Director's Denial of an Accessory Use Permit (AUP 12-001) for a Home Occupation by Lee White Located at 1750 N. Ten Mile Road Approved with Conditions B. Resolution No. 12-844: A Resolution Approving the Transfer of the Franchise Agreement to Perform Solid Waste Collection and Disposal Services from Sanitary Services Corporation, Inc. to Republic Services Approved 8. Department Reports A. Continued From March 7, 2012: Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update B. Finance Department: Strategic Plan Update C. Community Development: Update on Meridian's Energy Code Compliance Efforts D. Community Development: Update on RFQ Process for Contracted Services E. Public Works Environmental Division - Meridian Joins Regional Partnership to Leverage Resources for Environmental Public Education (Moved to Item 5A) F. Public Works and Purchasing Departments: Award of Change Order No. 2 to Task Order 782 "Ground Water and Wells Compilation" to Meridian City Council Meeting Agenda — Tuesday, March 13, 2012 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Hydro Logic, Inc. for the Not -To -Exceed Amount of $34,000.00 Approved G. Planning Department: South Meridian Visioning Update H. Legal/Fire/Planning Departments: Amendment to Ordinance No. 12- 1505 to Allow Additional Sign on Fireworks Stands 9. Ordinances A. Ordinance No. 12-1505A: Meridian Fireworks Ordinance Update Approved 10. Future Meeting Topics Adjourned at 5:52 p.m. Meridian City Council Meeting Agenda— Tuesday, March 13, 2012 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council March 13, 2012 A meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, March 13, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Pete Friedman, Warren Stewart, Kyle Radek, Jamie Leslie, Perry Palmer, Steve Siddoway, Bruce Freckleton, Mollie Mangerich, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Item 2: Pledge of Allegiance De Weerd: Okay. Well, thank you for your patience. We are sorry we are getting started a little bit late, but thank you for joining us this evening -- this afternoon. I'm used to evenings. Okay. For the record it is Tuesday, March 13th. It's ten minutes after 3:00. We will start with roll call attendance, Madam Clerk. De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Item No. 3 is adoption of the agenda Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: We do need to change -- move one thing. I'm going to request to move it up to get people along their way and it's a short presentation, but the request is to move Item 8-E Public Works Environmental Division regarding Meridian joining the regional partnership for public -- environmental public education -- to make it 5-A, if you wouldn't mind. So, 8-E would move to 5-A and, then, 5-A would become 5-B. With that change, Madam Mayor, I would move adoption of the agenda as amended. Meridian City Council March 13, 2012 Page 2 0 52 Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 4: Consent Agenda A. Approve Minutes of February 21, 2012 PreCouncil Meeting B. Approve Minutes of February 21, 2012 City Council Regular Meeting C. Approve Minutes of February 28, 2012 City Council Regular Meeting D. Final Order for Approval: TEC 12-001 Seyam Subdivision by Ronald W. VanAuker Located North Side of E. Franklin Road, Approximately 1,200 Feet East of Eagle Road Request: Time Extension Approval on the Preliminary. Plat for Seyam Subdivision in Order to Obtain the City Engineer's Signature on the Final Plat E. Recreational Pathway Easement for ICON Credit Union F. Sanitary Sewer Main Easement with Viper Investments, LLC for the Construction and Maintenance of the Pine Trunk Sewer Line G. Approval of Beer, Wine and Liquor Licenses for 2012-2013 as Follows: Ultra Touch Car Wash 835 E. Fairview Ave. Beer Pinnacle Sports Grill 2902 N. Eagle Rd. Beer/Wine/Liquor Ling & Louie's 3210 E. Louise Dr. BeerlWine/Liquor Sa-wad-dee 1890 E. Fairview Ave. Suite B Beer/Wine/Liquor H. Approve Task Order 10238b for Meridian WWTP RAS Conveyance System Reconfiguration to CH2M HILL for the Not -To -Exceed amount of $219,850.00.00 Award of RFP and Agreement for Meridian Police Station Retro -Commission for the Not -To -Exceed Amount of $120,000.00 Meridian City Council March 13, 2012 Page 3 o 52 Item 5: Community Items/Presentations A. Kleiner Park Update De Weerd: Item 4 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, roll call. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Action Items. A. Public Works Environmental Division - Meridian Joins Regional Partnership to Leverage Resources for Environmental Public Education De Weerd: Okay. We are already at 8-E. If only it worked that easy. Rountree: Are we done yet? De Weerd: Boy, we only have a few more to go after this. Mangerich: Thank you so much for accommodating me and my guests today. Mollie Mangerich with the Environmental Division. Mayor and City Council Members, I'm going to be talking about a very innovative partnership that we have made with several communities within our Treasure Valley for the purpose of improving our surface and storm water and I would invite my -- my friends in. It takes them awhile, so I will continue. You know, it's a shot of water and all. Rountree: Eddy the trout. Meridian City Council March 13, 2012 Page 4 o 52 Mangerich: Thank you so much for coming over. Hydro, how are you? And Eddy. Thank you so much for coming over. I appreciate you being here. Welcome to the City of Meridian City Council meeting. And we all know Hydro, who Is our mascot for the Public Works Division. De Weerd: You need to speak into the microphone. I'm sorry Mangerich: Thank you. De Weerd: If you will introduce your guests. Mangerich: On my right is Hydro, the City of Meridian Public Works mascot. Hydro represents water throughout the different functions of our Public Works Department, from our drinking water, to our wastewater, to our reclaimed water, to the protection of our surface and storm water. On my left is the infamous Eddy Trout. A very popular icon mascot of the city of Boise and the six co-permitees surrounding the urban area, who have a very strong public education campaign about storm water pollution prevention and that's my presentation tonight. De Weerd: Well, thank you for bringing your guests. We like fish in water. Mangerich: I also would like to introduce Amy Hughes, who is the handler of Eddy Trout. Could I ask you to stand up, please. She is our education coordinator for the city of Boise and has just been a wonderful person to work with and has -- brings lots of talent to our table. Thank you. De Weerd: Thank you forjoining us. Mangerich: You know, within the Treasure Valley we have a network of surface water systems, creeks, ditches, and drains that provide water for a variety of purposes to all of our citizens, from providing pressurized irrigation to the important irrigation function of our agricultural lands. So, serving both urban and ag environments. Besides providing water, this network of water systems also receives polluted water from the runoff of our storm drains and our gutters that discharge into this network of water, which eventually flows, join up, and discharge into the Boise River water system. So, together all of us users and purveyors of these water systems have shared challenges and we have shared opportunities. You know, the majority of pollution, surprisingly, of our water systems in the Treasure Valley are not from the end of the pipe and are not from permitted sources. For example, it's not from our wastewater treatment facility, it's not from our larger generators of industry within the Treasure Valley, it comes from what we call nonpoint source generators. That's you and I as households, businesses, landowners, construction, developers and farmers and it's to this point that EPA has looked at many communities and has made them become a permitted entity under the municipal storm -- excuse me -- the MS storm -- Municipal Separate Storm Sewer System. That's next. They helped develop a public education campaign to help reduce those pollutants. So, we put our heads together and, in fact, it was the city of Meridian City Council March 13, 2012 Page 5 o 52 Boise and its permitted partners in the Partners for Clean Water, that said we should expand this to a water shed approach, as awe share many of the same troubled waters, the same sort of pollutants that we are dealing with. I have on the slide that there are six code permittees -- and you know them well. There are six of them; right? Can you say six? Does that work? Okay. Great. And, then, the City of Meridian and the city of Caldwell have joined in as friends of Partners For Clean Water. Each regulated and underscores, as I said, to put together a public information pollution prevention program under EPA's permitted system. Meridian acknowledges our unique status as a non-NPDS phase two permit holder within the Treasure Valley. And Hydro knows this and we do a lot of education about water quality and pollution prevent in the classroom. One most recently in Hunter Elementary. So, I really thank Hydro for being there with us. But Meridian also acknowledges our responsibility to provide public information to our citizens regardless if we are under a permit or not. Next, please. A public information campaign that the city of Boise and the Partners For Clean Water have allowed us to join into for the cost of 4,800 dollars, provides a multi -media approach with a theme that transfers across all of our water shed, all of our communities, incorporated and non. We have a series of public service announcements that Amy's consultants have put together, of which Meridian will have a tag line on as a friend of Partners For Clean Water. We will have a series of billboards -- actually, one on Fairview and Five File -- just west of Five Mile. It's a digital one. And we have also got some bus advertising. Next slide. Here is our water shed theme. Click. Or enter, please. Clean and Pristine. While the Boise River is the iconic body of water running through the Treasure Valley, many of its tributaries, creeks and drains contribute to that quality of water as it enters that system, which we primarily recreation and fish on. Click. Thank you. We are looking at targeted pollutants of concern. Our pet waste, yard waste, household hazardous waste, oil, pesticides, fertilizers -- thank you. Next. Under Meridian's bid's billboard we decided to directly target those pollutants that EPA has described as a 303-D listed. They have special attention on Five, Ten, and 15 Mile Creeks for both phosphorus and for bacteria and so we decided to join in this campaign to help educate people to pick up their dog waste and to use nitrogen -- or, I'm sorry, phosphorus low fertilizers or at least to follow the application directions. Next. This is the wonderful scheme of our Meridian bus advertising. On Valley Ride we have got two of our Valley Rides coming in. Numbers 40 and 43. Forty, I believe, stops down here south on Overland. We have something like 20 trips a day -- Amy, is that correct? Yes. And I might go back and say you gave some pretty amazing data as to the numbers of thousands of digital slides that we will have on our billboard as well. So, that's very exciting we get that. Next, please. As well Meridian will be launching in April -- and I will come back to you then -- with a partnership with our City Parks and Recreation, a non-profit called Helping Idaho Dogs, who carry with them a bevvy of volunteers from 4-H youth to other youth groups, that will help us do education campaigns along our parks and pathways and our creeks and our drains to help pick up dog waste to keep our water clean, our esthetics for all users of our park system and that we have proper disposal of these efforts and I really appreciate that the city of Boise is allowing us to use their campaign on that. Next as well. So, today just an introduction of a wonderful, innovative, inexpensive little campaign that we are most privileged to join in on, Meridian City Council March 13, 2012 Page 6 0 52 because they are robust and they are well known for their public education and the response from the data they get from that. So, with that I'd like to applaud the Boise -- the city of Boise and the Partners For Clean Water and City of Meridian for hopping on. De Weerd: Thank you, Mollie. And thank you to your friends. Any questions from City Council Members? Bird: I have none. Mangerich: Thank you, guys. B. Kleiner Park Update De Weerd: Thank you. Okay. Item No. 5-B -- or the amended 5-A, now 5-B. I'll turn this over to our Director Steve Siddoway. Siddoway: Thank you, Madam Mayor, Members of the Council. Last week it was requested that I come back this week with an update about Julius M. Kleiner Memorial Park, which I'm happy to do. As I get into it, though, there is someone here with me that I want to take just a minute and recognize and that is Elroy Huff. There is a lot of people that deserve a lot of credit out there, but in my opinion Elroy has really gone above and beyond, logging hundreds of hours out there, being our department's liaison with the construction managers out there. And, like I say, there are many people who deserve credit out there, but I particularly -- I asked Elroy to come today, so that I could publicly say thank you to him with you, because his -- his eyes and ears on the project in large part what is making sure we get what we need out of this park. So, this is Kleiner Park. I know you have seen the master plan before, but I just wanted to start with that, just to orient us as to what we are talking about, the two large ponds, the loop road, parking, arboretum, senior center. We will talk a little bit about those -- some of those elements. But as an update, the main update to give is on the construction project and moving towards the grand opening. These are all pictures taken at various stages throughout last year. A lot has happened in last year from the construction of the ponds and paving, to the structures being built and there were walk throughs today and yesterday happening with the senior center and other structures. Many of the structures are just this close, literally, to getting their certificates of occupancy. As you know, a lot of the park is underground. This is just a reminder of some of the numbers that go into the park construction that are actually things that we don't see and that's been a lot of the activity over the -- you know, the previous year and it's been really rewarding over the last six, eight months to really start seeing things coming up above ground. One of those things has been the Rock Of Honor plaza and many of you I know were there at our dedication ceremony on 11/11/11, last November, and Mr. Kleiner was in town and it was just a real highlight throughout this construction process over the -- this last fall and winter that I wanted to take a minute to mention. It's a wonderful place. Right next to that is the senior center and we have two representatives of the senior center in the audience, Cindy and Pauline, here to hear a bit of this update. The senior center is beautiful. If you haven't had a chance to Meridian City Council March 13, 2012 Page 7 o 52 go out and see it we need to make an opportunity for you to do so. My hat's off to the architect Walt Lindgren with Johnson Architects. He designed, in my opinion, just a first class structure out there and I think the senior center feels the same way. It is -- the views from their event center out over the pond and into the park will make that one really amazing event room. The active recreation complex is also starting to come above ground. The playground was installed last fall. You may have actually seen that from the road. But work is being done right now on the splash pad, the bocce ball courts, the sand volleyball courts and other elements that are in that active recreation complex. The signage has also gone up recently. This is just, obviously, a cardboard mock up, but the signs themselves are -- are art pieces in their own right and they are pretty remarkable, as are the benches and I think Elroy was out there yesterday and today putting benches out -- out in the park. So, some of those things are starting to happen and that is exciting. We are also working on the you are here signs, which are the mock up -- little mock up is this on here. And we have one more street to name as I will mention in just -- give an update right here. So, I think is the meat of what you were looking for. What are we doing now, what are our next steps, how do we get to a grand opening. One of the next steps that you will see is a memorandum of understanding between the city and the park trustees. Ted Baird from the Legal Department, myself, met with the trustees on Friday to talk about this MOU and we are kind of laying out the expectations of the various parties, what their deed restrictions will be, what we expect in terms of completion and the moving towards the next bullet, which is the actual deed transfer. We have set a target date for that deed transfer to happen on or around May 1 st. So, our -- the goal is to have the construction activity done by and large by the end of April, which is only about six weeks away. So, lots to do in six weeks. The street naming that I mentioned there -- we recently learned that the name we have been using for the road just south of the park -- we have called it Park Lane for two or three years -- is not approved -- is not -- is not going to get approved through the Ada County street naming committee because of existing streets with that name. I have a request in right now to get it named Eldon Grey Road. Mr. Kleiner himself asked if that could be the case. Haven't heard back yet for sure whether it's going to be approved, but that is the direction we are currently going and hoping for some version of Eldon's name to be on that -- on that street sign. De Weerd: Very cool. Siddoway: Construction coordination is ongoing. And I put on here some of the things that we as the city have involvement in, as opposed to things that are just being handled by contractors. Drinking foundations. We have a standard for drinking fountains and they are being fabricated in our shop and being installed out there. Storm drain pits. The bollard fabrication. The trash cans, picnic tables, benches, getting those assembled and put out. The gate on the service road. The resting door lock system that ties into our maxi coms, so they -- we have some electronic locking capabilities. Construction of volleyball standards. Reservation boards will be going up soon. I put barbecues on there last, just to mention that the budget is -- is getting tight. We are near the end. You know, we got the -- we are just weeks away from the ending. The trust has made the decision to not order the steel right now for the Meridian City Council March 13, 2012 Page 8 o 52 construction of the barbecues. We still -- the grills themselves have been purchased, but the steel is going to wait until they get roads finished, bills paid, and know exactly where they are, because we are -- you know, even 15 million dollars it turns out eventually runs out. The maintenance activities are actually also going on out there. We are connecting the irrigation system to our maxi com. It's time -- we are putting down pre -emergent herbicides, doing our spring fertilization, both the turf and trees, and trying to get the park up and green and ready for some activity this year. Volunteer projects. I just want to say a word about -- between Elroy and Collin and Jeremy I think has also been involved in coordinating those, they have logged over 1,700 hours of volunteer projects in Kleiner Park alone since last June, doing things like tree planting, picnic table assembly, trash can assembling, things like that. There is still two more to go this month and they -- so, that will put them over the 17 -- they are already almost 1,700 hours. That's a three-quarter time position for a full year. Bird: That's right. Siddoway: -- that's been saved by their efforts out there. Finally, I want to mention that Collin will be before you in a couple of weeks to bring forward the shelter and park reservation fees. We plan on sending those out to the paper for notice -- have to go for public notice for a couple of weeks. The small shelters will -- we are proposing to begin renting at about 50 dollars and the large shelters. for 100 and, then, there are park reservation fees depending on, excuse me, numbers of people and things that go up from there. But he will give you the full details when he comes before you in a couple of weeks, but I just wanted to let you know that that is coming, as we are getting ready to own and operate a park. So, that takes us to the grand opening, which is only 12 weeks away, even though here we sit in mid March and June does seem a little bit like a long ways away, but it's not for us and there is a lot to do over the next 12 weeks, but we are excited to have that grand opening date in sight and we are working on a celebration that day, June 9th. It will be a Saturday. Rather than just having the half hour to an hour ribbon cutting ceremony, we are looking at making it an event. We are going to provide tours of the park, bring in bounce houses, vendors, fun activities for the family, some bands, music. The Meridian symphony has actually agreed to be our first user of the band shell out there and they will have a concert at 6:00 p.m. on that evening. So, we are very excited about some of the things we have coming together for that day. Mr. Kleiner is coming to town and we want to let him know how much we appreciate this gift that he is giving us. So, with that I will stand for any questions. De Weerd: Council, any questions? Bird: Just a great report. Rountree: Madam Mayor. Elroy is here and we have talked about our flock of friends out there. Have you come up with any kind of solution? Meridian City Council March 13, 2012 Page 9 0 52 De Weerd: They have done tremendous, because we talk about geese all the time, but they have a permit to remove any nesting and our staff has gotten into physical condition by chasing geese and I think they are winning the battle from the sounds of the report that we had earlier today. Mike, do you want to make comment? You have to do it on the microphone. Siddoway: I will let -- Elroy has done most of the research, so let me do give credit here, but Mike's actually prepared a presentation for the parks commission tonight on this very subject. So, he has a presentation ready to go. I'll let him go -- Bird: You mean tomorrow night. Siddoway: -- ahead and say a few words on what we are doing. Oh. Tomorrow night. Thank you. Not tonight. De Weerd: So, has Elroy been the one that is getting in physical condition? Barton: Well, we have actually exhausted our clothing budget for the year, because we are wearing wolf costumes and going around and scaring them. You know, I think we are doing pretty good. I heard today -- I asked the question, just because tomorrow night I'm going to be talking about management strategies to the parks commission and today there were two in the park. So, we went from, you know, that migratory event that we had in the winter where they are just all over the place, to the hardcore geese that want to set up and call the park or a place home, so it's -- you know, we have -- our management strategy so far has just been harassment and -- from chasing the -- some other things that seem to be working pretty well and, you know, I think we could live with two, but any more than that probably not. You can still -- if you go out and you walk around there is evidence that they have been there and been grazing all over the pathways and the promenade and, you know, we -- we think that's unacceptable. So, we are going to work hard at having them find another place to call home. De Weerd: Well, we all know if you don't harass them they will harass you. So, if anyone's been chased by a goose will know what that meant. Barton: Yeah. That's De Weerd: They are not nice. Rountree: Very good. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council March 13, 2012 Page 10 o 52 Zaremba: On that subject, I have expressed an opinion before that I think one of the things that prevents a resident population of geese sticking around is allowing the ponds to go dry during the winter sometime. I realize all of us would like those lakes or ponds to have water in them year around, but I am asking I guess just as a cautionary measure to make sure that when we do draft the MOU that it doesn't require us to keep them wet, because there may be occasional years when we decide -- for any reason, maintenance or other reasons or people skating on thin ice or geese, that we may occasionally -- I'm not saying every year that we may occasionally want to dry them and -- and I kind of bring that up, because I know it makes a difference to the geese on golf courses. Those ponds go dry every year and there is no resident population. Everybody seems to be transient and I just want to make sure the MOU doesn't have a requirement that we have to keep water in it year around every year forever or we lose the park, so -- Siddoway: Thank you, Madam Mayor and Councilman Zaremba. I would just say a couple things. One, I know of no anticipated restrictions that would require us to keep that pond level full. We did drain it this winter and it did help us with that. There has been a desire expressed to see us try to keep the ponds full and it would be our intent to try to keep them full and see if we can keep the geese down through other management activities, but it's a tool that -- as you mentioned, that we will want to make sure that we have long term. Zaremba: Great. Thank you. That's all I'm asking De Weerd: And there are other programs that we have talked about that might help Siddoway: The Christmas goose program. De Weerd: Well, that and the off leash -- the off leash hours, you know. Siddoway: Yeah. De Weerd: We have gotten creative in our ideas Bird: Put the Rountree Bark Park out there. De Weerd: Yeah. Siddoway: Any other questions? De Weerd: Thank you for the update. We appreciate it. And we are excited to see the grand opening. Siddoway: We are excited to host you out there. So, thank you. Item 6: Items Moved From Consent Agenda Meridian City Council March 13, 2012 Page 11 0 52 De Weerd: Thank you. Okay. There were no items removed from the Consent Agenda to this item. Item 7: Action Items A. Continued from March 7, 2012: AP 12-001 Request: Appeal for a City Council Review of the Director's Denial of an Accessory Use Permit (AUP 12-001) for a Home Occupation by Lee White Located at 1750 N. Ten Mile Road De Weerd: So, we will move to Item 7-A, which is a continued meeting from March 7 t We had asked staff for additional information via the agreement, so I will turn this over to Bill Parsons -- who is not here. Friedman: Madam Mayor, Members of the Council, Bill, thankfully, sat in for me last week. I was home feeling like I had been run over by a truck and happy to say I'm feeling much better now. So, Bill and I have collaborated, as well as the city attorney's office, and as Mayor indicated, this is a continuation of a hearing that started on February 28th considering the denial of Mr. White's home occupation permit. Over the course of the last two weeks and throughout the Council's considerations, we were asked to put together a list of conditions. As we understand it the Council was possibly considering for approving the permit and I have articulated those in a memorandum that I circulated to Council today. I have also included a couple of attachments showing where particular areas, as we understand it, would be possible for some of the activities to take place. One thing I did point out was there was a question about the ability of Mr. White with anybody coming to his house to utilize that access drive between his property and Walgreen's and we did come up with a record of survey, in effect, grants access across that property. So, that was one concern that we were able to take care of and address. So, that's -- as you will see in this graphic, really, there is a variety of areas where it could occur, but as we indicated in the -- in the memo to you if material was to be stored in this area it would be required to be screened by a six foot fence. If Mr. White was to store the area -- materials behind his shed there, then, the fencing wouldn't be required. We understand there was a desire to see an area for parking, which would be in front of the garage, which is where the material currently are stored, as well as a condition that there be no display, storage, or signs in the front yard and, then, the restriction having one sign consistent with the city sign code of six square feet. There was a condition discussed that the permit is subject to revocation if there is found to be a violation, with 30 days notice. And that Mr. White connect somehow the garage accessory structure to the house via a trellis as he represented at the public hearing apparently last week. We have met with our building staff and understands that there will be some -- a building permit requirement for that. In addition to the additional fencing that he puts up that will require a fencing permit. So, I trust we captured those items that you were discussing and at this point be happy to answer any questions or address any comments you might have. Meridian City Council March 13, 2012 Page 12 o 52 De Weerd: Thank you, Pete. And I assume that staff feels comfortable with where we are at today? Friedman: Yes, we are. We are -- Madam Mayor, Members of the Council, we are ready to take your lead, if it is the will of the Council to approve a home occupation permit for Mr. White, whatever conditions Council comes up with there are no required findings or anything. What we would do is we would take any conditions that the Council may come up with, put them in a letter of approval, and issue the letter of approval. One thing we would ask is that recommended condition number nine is -- we have a date -- the directive from you how soon you would want to see all of the requirements in compliance, whether it be 21 days, 30 days -- De Weerd: Okay. And I will assume that you're comfortable because this will set a precedence of sorts, so -- Friedman: It will set a precedence of sort. I -- you know, I will follow the Council's lead on this. We are -- as we indicated before, we will be taking a look at our home occupation regulations. Kristi is doing some research now. Some of the things we have been finding initially are that we are really not too much at variance from what's happening around the nation. We think there may be opportunities for some tweaks and some other considerations. Certainly we will put together a thorough packet of information and I will probably schedule a workshop with you once we have completed our research and, then, move forward. De Weerd: Okay. Thank you, Pete. Any questions? Mr. Zaremba. Zaremba: Madam Mayor, I would just comment on -- on the subject of whether it establishes a precedent or not, I would not want other people to feel comfortable that it is a precedent. This, as we have discussed, is a very unique property, it's not in the middle of a residential subdivision, it's visually and physically separated from being in the middle of a residential subdivision. So, as we work towards making this exception or approval or whatever it is that we are doing, that does not mean that somebody else that was in the middle of a residential subdivision should expect this kind of exception. This is not a precedent, it's a very unique property, and -- and whereas we can see that some accommodation makes sense here, that does not mean that that's going to carry over to somewhere else. And since I have the microphone let me make a second comment as well, if I may. I may have said last week that I was leaning towards or thinking that this accessory building was their garage and that we needed to maintain the ability to park cars in the garage. I now realize there is actually a house garage attached to the building and their vehicles go in that garage. So, if l said something about needing to park cars in what is going to be his workshop, I no longer feel that. De Weerd: Thank you for that clarification. Any other questions, comments, from Council right now? Meridian City Council March 13, 2012 Page 13 0 52 Rountree: I have none. De Weerd: Mr. White, do you have anything you would like to add? White: Madam Mayor and Council Members, my name is Lee White. I'm at 17 -- still get choked up here. 1750 North Ten Mile Road. I appreciate you Council members and Mayor for having rapid fire variety of things that you have had to deal with and, then, I come before you with something totally unique. I have to appreciate what you do. I just minutes before the meeting started received this memorandum from Mr. Friedman. I had my own notes and notes from the meeting, but this is a pretty good size compilation of what's taken place. Let's just go down number one, two, three, four and -- De Weerd: Okay. But we are -- we are constricted with time, so you have five minutes and I am timing you. White: Fire one. De Weerd: So be quick. White: Number one. No storage outside -- outside storage, display sign, no problem.. Number two. Vehicular access to the accessory structure. We just covered that. One sign. Number three. A sign is being made. It's going to be either two feet by two feet or two and a half feet by two feet. The design was passed through the Council and Mayor last week, which I think is going to be a real nice thing to have. Number four. Materials currently stored on the south side of the property outside the fence, that is nearly all completed. Cleaned up. I have a little bit of wood yet to move. That will be taken care of. Must be placed -- okay. I have a problem with the area that's indicated here, display and storage area screening. I have -- because I am anxious to get this underway, I have already removed an existing fence, which is on the left side of -- get the arrow just a little more to the right. The other way. Right there at the edge of the dark area. That I have removed a small fence and installed an existing or a new six foot fence from the property line back to approximately six feet in front of the building. That's completed. And, then, the next problem I have is required parking area, this black area, that cannot be required parking area, because that's where the display and merchandise is going to be put. Parking is going to have to be in the red zone, because there is plenty of room for that. There is no way that I can do anything if we have to have the parking in that confined space. It is -- it's made for storage, RV, and otherwise. Number five. The applicant must connect the accessory structure. Again, being anxious to get this underway I did not understand in the communication that I have had that there was going to be a building permit needed for that. I went ahead and I have installed three four-by-four posts and connected building to building with two by fours. I have pictures if you would like to see. I think it's a nice part to the job. In fact, here is a picture of both. Can we move to item number six? Okay. Finished goods must be displayed on the property behind a fence in the location specified in Exhibit A. The -- where this arrow is showing at this point is a flower bed. Rose Meridian City Council March 13, 2012 Page 14 o 52 garden. That is not intended -- or in my wife's idea any idea of making that a display area. The display area needs to be where the black area is in order for us to have the sign be of value to us being, basically, in back of it and above it. Number seven. Is there any -- that has to be where the parking takes place. I already have verbally obtained from the people. Do I still need to get written permission for the use of this driveway? I think that that was covered and it is not disapproved -- or not necessary. Is that correct? Since the nature of the driveway there? Do I still need to have this in writing? De Weerd: Mr. Nary or Mr. Friedman? White: I would feel like it may not be necessary, but, of course, I'm kind of one way with some of these things. Friedman: Madam Mayor, Members of the Council, the record of survey simply indicates that that's an ingress -egress easement, so it would really be up to the underlying property owners to determine whether or not parking would be allowable there and we also want to make sure that there might not be an issue for people coming and going from Walgreen's. De Weerd: I guess, staff, can we -- can we just have you work with Mr. White if he just got this report -- and discuss it with them outside, identify any -- any disagreements and we can bring that up after our strategic plan update? I -- Nary: Madam Mayor, Members of the Council, absolutely we can meet with Mr. White. I do want to make one thing, though. Mr. White said he wasn't clear that he needed a building permit. I met with Mr. White on March 1st in my office with Bruce Freckleton and Kristi Vigil and told him that he would need a building permit for this awning, as well as a fence permit for the permit. And Mr. White was irritated that he had to get a permit and we told him the Council has not waived any permitting requirements for structures. This is a structure that's attached to his house and attached to this building and, therefore, a building permit was required. So, it was clear to Mr. White on March 1st that a permit was required before this work was to begin. So, I just wanted to clear that up, because he said he was unclear. He was clear that day, because he was very irritated that he had to have that. But we can meet with him outside if you would like, Madam Mayor, and go over these, so that we can come back and the Council can, then, decide what they would like to keep or not. De Weerd: Council, does that -- Bird: That's fine with me, Tammy. De Weerd: Okay. Rountree: Works for me. Meridian City Council March 13, 2012 Page 15 o 52 De Weerd: Well, why don't we do that. I will go ahead and move, then, to Item 7-13, which is resolution number 12-844. And, Council, last week you had asked for additions to the attachment and so I want to see if you were comfortable with the additional information and if there is any further information needed. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, another issue that's come up that we just want you to be aware of -- Mr. White, we will be in that little room here in just a second. White: This one here? De Weerd: For now. B. Resolution No. 12-844: A Resolution Approving the Transfer of the Franchise Agreement to Perform Solid Waste Collection and Disposal Services from Sanitary Services Corporation, Inc. to Republic Services Nary: Last week it came to our attention that SSC has a current agreement for recyclables -- for the recyclables that we collect in the City of Meridian to be taken to Western Recycling and that agreement requires both parties' consent, both SSC and Western, to nullify that agreement or extinguish it. So, it's a different wrinkle and I don't think it's problematic. I did contact Roche] from Republic is here today and Steve Sedlacek knows about it. I just wanted you to be aware that's a wrinkle that will probably have to get worked out probably after this transfer occurs, but right now all of the city's recyclables go to Western in Boise. Technically after this -- if that doesn't get resolved when this MERF gets built, they would still be going to Boise. But I would anticipate that's going to get worked out, but I just wanted you to be aware of it prior to this approval. Bird: Madam Mayor -- or Mr. President? Hoaglun: Councilman Bird. Bird: Bill, on that, though, that -- that shouldn't hinder any part of this -- of the franchise change. This is something that will -- they are -- they are actually assuming that agreement with Western and at the time they want to change that, then, they come in as their entity; right? It, actually, doesn't have anything to do with the -- the change of the entities to use right now, does it, Bill? Nary: Right. Madam Mayor, Members of the Council, Council Member Bird, no, because this is not an agreement with the city -- Meridian City Council March 13, 2012 Page 16 o 52 Bird: Yeah. Nary: -- this is an agreement between SSC -- Bird: And Western. Nary: --and Western -- Bird: Yeah. Nary: -- so, yes, Republic would be assuming those requirements. So, this is something probably Republic and Western can work out and may require your direction at some point or it may be an issue for you to address at some point in the future, but I just wanted you to be aware, because it was a new wrinkle we hadn't discovered until last week. Bird: Thank you. Nary: Again, they are both here if you had questions for either Mr. Sedlacek or Rochel, so -- De Weerd: Okay. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I did want to find out from the representative from Republic if they have seen the addendum to Exhibit A and if they were in agreement with that -- of the requirements that -- that we have had with SSC on some of the extra activities that they provided to the -- to the community. Could we have a yea or nay on that, if you wouldn't mind? Kline: Madam Mayor and Council, I got this just this afternoon as I got to the Council meeting, so I haven't had a chance to look at it yet and -- did Dave see this before today? Has he seen it yet? No. So, we got it just this afternoon and I'm sure it's acceptable. It's probably all the things we talked about prior to -- I guess this evening. So, we will look over it and, then, I think work with Mr. Nary if that sounds right, if there is anything that it doesn't say, but, otherwise, I'm sure it's fine. Hoaglun: Okay. Thank you. Kline: Thanks. Any other questions? Bird: State her name for the record. Meridian City Council March 13, 2012 Page 17 o 52 Kline: Oh. Rochel Kline. Republic Services. Thank you. De Weerd: Sorry, Roche[. Okay. Nothing further from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With that if it's proper I would move that we approve resolution number 12-844. Rountree: Second. De Weerd: I have a motion and a second on this item. Any discussion? Madam Clerk. Zaremba: Madam Mayor? De Weerd: Oh, I'm sorry. Mr. Zaremba. Zaremba: Just to be clear that the approval does include the new addendum to the -- Bird: As part of the resolution. Zaremba: Yes. Okay. De Weerd: Okay. Madam Clerk. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. Continued From March 7, 2012: Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update De Weerd: Okay. Item 8-A is continued from March 7th. It's the MAYC report and I'll turn this over to Luke. And although he doesn't look like one of our youth council members, he may act like them, though. Cavener: Yeah. Thank you, Madam Mayor, Members of the Council. Don't adjust your sets, I am not a high school youth, nor do I pretend to be. Our youth who was scheduled to give his presentation had some school projects that come up, senior projects, and college preparation and so he asked me to fill in for his place this Meridian City Council March 13, 2012 Page 18 0 52 afternoon. But I know that you have heard from our youth council all year long and they make this presentation for me easy, because I think they have done a great job of show casing some of the events that they have been doing. I really believe that this year with the leadership that we have had from our youth council it's probably the best council that we have had since I have been on board with the city and it's been a real pleasure and joy to work with them. I will be brief. I just wanted to update you on some events that they have coming up. The biggest, of course, is their annual youth council dinner auction. I will give a flier to the clerk and she can pass them out to you. But that is coming up next Thursday. It will be at Renaissance High School. Dinner will be Italian fare by Johnny Carino's and I'm really proud of them. This year they have selected the Meridian Valley Humane Society as their -- their benefactor and I think that's a great partnership between our youth and another cause that's very worthy in Meridian. A couple other great events that our youth council are going to be doing. They will be serving with the Solid Waste Advisory Commission passing out reusable shopping bags around Earth Day. They have the Teen Activities Council. This is probably their most popular TAC event all year long. It's at Wahooz. That will be towards the end of April. Our youth council have their very own Alive at 25 presentation put on with the Meridian Police Department. As you may recall, some of our youth went to Washington DC earlier this fall and the funds that sent them was provided by Office of Highway Safety. They have asked as a way of saying thanks that we have an Alive At 25 event for just our youth council and they are excited to help facilitate that. The other event they have coming up -- typically youth council really starts to taper down towards the end of April and this year, like I said, our council has been really remarkable and they want to have one large event to end in May and they will be hosting the very first Treasure Valley Youth Summit where they will be inviting youth councils from across south Idaho, as well as high school student councils to come here on three topics that are very prevalent in today's high schools, distracted driving, substance abuse, and bullying and I think it's really amazing that our youth council is the one that is driving that. So, they continue to be amazing leaders. They have been featured down at the capital advocating in favor of an anti-texting while driving law, have been interviewed by a variety of media outlets, and continue to do a great job of representing this city and the Mayor's office. So, it's always been my pleasure to serve with them. With that I will stand for any questions or clarification that I can provide. De Weerd: Council, any questions? Bird: I have none. Rountree: I have none. Thanks, Luke. Cavener: Thank you. B. Finance Department: Strategic Plan Update Meridian City Council March 13, 2012 Page 19 o 52 De Weerd: Thank you, Luke. Okay. Under 8-B is our Finance Department our, strategic plan update. I'll turn this to Stacy. Kilchenmann: Good afternoon. I don't have the City Hall virus yet, but I do have hay fever, so if I'm coughing that's why. When we were at the Coffee with the Mayor this morning some of us were very attracted to a sign we saw there and I think it said: Be bright, be brief, be gone. So, I don't know if I will make the be bright part, but I'll try to do the be brief part. I just wanted to reiterate a few of our core values to start out with, but I think these four probably sum up our department. Transparency, accountability, conservatism, and high ethical and professional standards. And, of course, customer service is one of our main values. And I hate this picture, by the way, so it was really big of me to include it in here. I'm going to start and just briefly go through each of our functions. I'm going to start with utility billing accomplishments and challenges. Carrie got her hair cut, so that was kind of a big one. Bird: Introduce our new employee Kilchenmann: Yeah. So, one of the big things that Carrie and the water department did together I believe they created something they call SOTO, which means set up turn on and briefly what it is is in the past when the people were -- when the work crew was actually out in the field turning the water off and someone came in and paid, there was no way to talk between those two. So, they might be in there paying while their water is turned off and they are getting charged a setup fee and it was a source of huge contention. So, this has eliminated that, because now the -- people in utility billing can immediately talk to the people in the field and so this has reduced our turn off by about 50 per month since it went into effect. Some of the other challenges -- we have one big challenge and that is the limitations of our billing software. We have had our software for a considerable amount of time. It's not really built for a huge or a big database, it doesn't really talk that well or it would take a great deal of effort to get it to talk to some of the city's new software, so we have been thinking about this, but, you know, it works and why upset the apple cart, but it's probably time that we are going to have to start looking at this seriously. So, this will affect the water department, it will affect our department and, of course, it will affect everybody that lives in Meridian. So, that will be a big project. The phone payment system has definitely increased customer service, because people, especially on turn off day people have an option if they can't come into the office, et cetera. It's -- Carrie said it does have -- it's sensitive to background noise on cell phones, so that's something that we are working on currently. So, their focus, basically, for the upcoming calendar year, fiscal year, is to look at software and, then, also continuing to look at more information to add to the bills, such as bill redates, consumption history like you might see on Idaho Power, et cetera. So, this is just -- I didn't do this with a lot of the departments, but I did it with billing so you can just kind of see where their work -- the volume of their work. So, you can see that, actually, the shut offs have gone down, which is great. That's the average number of water turned off per shut off. Kind of redundant, but -- average monthly phone calls -- for'11 it went down. You can see they spent a lot of time on the phone. So, I think that's something that's probably a little unique about the City of Meridian City Council March 13, 2012 Page 20 o 52 Meridian, that we actually talk to people in person, versus routing them through a phone system. Cart exchanges. Too bad Steve left, because that's a big one. When we went to the new system people exchanging their carts. There is some information about rental billings and the Meridian CARES program is actually being utilized. I think our budget is 25,000. About 18,000. So, purchasing. So, one of the big projects this year, which I -- if the Mayor was absent we could take credit for it, but this was actually her idea. So, she suggested that we get together with Public Works and gather some -- some construction managers and contractors and developers throughout the community to form a work group to get their input on what they think works and doesn't work when they work with government to put -- to give our input. Just kind of a work group. So, that's actually been good. I think we have had seven or eight participants from the development community who are really interested in doing this. So, we have pulled information out of that. We have had a lot of internal work groups. I'm not going to go through all of them, but four or five internal work groups that have worked across the city to improve processes. Kind of an idea of purchasing workload. They processed 328 case management requests over the last year and 120 formal procurements and Keith always wants me to say with no successful challenges, but I'm always like -- knock on wood. But that's one of our goals. Employee purchase training, that's always ongoing. We just move from department to department to provide specialized training. And, then, Thursday -- don't come to City Hall this Thursday, because we are having what's called a reverse vendor trade show, so that's where several public entities, like the state, Ada County, the city of Boise, they sit down at the booth and we have invited all kinds of vendors to come and walk through and get information from all these different entities on how to do business with them, what might be coming up, et cetera. So, it's turned out to be rather large. I think it's probably about the size of that the Business Day. So, up coming projects, just try to put more and more on the website for our vendors, so if they want to know if there is a bid, they can just go out to the website, put some protest procedures, that type of information out there. From the accounting side -- note I didn't put any accomplishments, but we actually have had accomplishments, but one of the biggest things that is happening right now is how fast and much the accounting standards are change --- are in the process of changing. There is something called the Financial Accounting Foundation and they are like the mother corporation, so they govern all the entities that -- government and financial accounting standards. So, I have highlighted those that are applicable to us. GASB. We always talk about that. And, then, the governmental accounting standards advisory board. So, I just -- I'm pointing this out, because it's interesting how -- how private and public accounting are merging together. So, the president this January, in making the announcement of what's going to happen and what's going to occur with these four bodies, I thought she said something that's really pertinent. She said each of the standards setting their oversight activities I described is intended to accomplish an important, but challenging goal, to provide clear, understandable, and comparable information at a reasonable cost that investors, taxpayers, donors and others can rely on to make decisions about where to invest or donate their money or about how well their tax dollars are being used. I don't know about the reasonable cost part, but -- so just some of the things that are on the board and I just grabbed a few of them that are -- that are either in what we call statement Meridian City Council March 13, 2012 Page 21 o 52 period where they are out there and they are collecting public statement or they have already moved past that and are in the rule setting stage. One that would be huge for us is -- it has a fancy name -- economic condition reporting financial projections. That just means catch in -flow and out -flow projections for five years forward. So, that's just -- if there is five parts of this requirement, it would be extremely time consuming. So, it's not even just income and expense out -flows and in -flows, it's cash in -flows and out- flows and that would be required on an annual basis. So, there is another one that's called report items previously recognized as assets and liabilities deferred in -flows and out -flows and I'm like, what, the artist formerly known as Prince -- I don't even understand that one, even though I have read it. Financial reporting for pension plans. I mentioned that last year. That's done. So, we will have to start reporting our employees' share of the PERS] fund as a liability. Luckily for us PERSI is very well funded, so that's not really a problem. The worst one maybe -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Would having to list that as a liability affect our city credit rating or anything? I mean it would -- it's not to our advantage to have to list that. It isn't really a liability of ours. Kilchenmann: No, I think if we were actually bonding -- we don't have a credit rating anymore, but I think if we were actually bonding I don't think they would consider that. It's just -- I'm not sure how it's going to look when it's in the report. That is just -- the theory was -- well, a lot of pension plans are bankrupt and a lot of cities have really big public safety post-retirement health plans or they have a part of the state's post- retirement health plans and the thinking is you're the city, you granted this plan, so you shouldn't be hiding it off your balance sheet, it should be on your balance sheet. Bird: Right. Kilchenmann: So, how the exact reporting is going to look I'm not sure, but we are not going to borrow money, so we will be fine. Zaremba: Okay. Thank you. Kilchenmann: So, the other one is -- or another big one is they call it recognition of elements of financial statement and measurement approaches. Really, it's a long fancy way to say that certain items will have to be restated to fair market value every year. So, for accounts that's a big thing, because we report everything at cost, so to have to take assets and you have to provide documentation of how you revalue this asset would be extremely time consuming. And I have to say that these are controversial, but they are -- they are bullying their way through. I mean I really think that they are going to happen. Just a couple other -- the codification is putting everything in one document that really our account staff should attend training on. I Meridian City Council March 13, 2012 Page 22 o 52 have attended some training and we should have that document, we should be very familiar with it. Surprise. So, that's time consuming. Then there is something called the global conversions project. So, this moves just outside the United States with the idea that we don't want just one country to have accounting standards, we want international accounting standards. And kind of -- you can see why this is all happening. I mean you look at corporate failures, real estate development fraud -- as I mentioned the post-retirement health benefits, cities going bankrupt, corruption, Bernie Madoff, city of Bell, California. So, a lot of this is driven by bonding companies. It's driven by retirement plans. It's driven by creditors. So, it's all this big push to say blame it on the accountant. But it's just a big push for transparency. We want you to all look the same, et cetera. And, as I said, it's expensive and there is controversy about that -- about the expense of implementing these. So, moving on through that, another thing that's really on our radar is called performance budgeting. And I know you have all heard about performance budgeting and you have all seen examples of it. It also may be mandated. It is on GATB radar, it's mandated, and a lot of -- I'd say the majority of states have legislated that it needs to happen. Charlie's probably familiar with it very much. So, the advantage of it -- it kind of makes a measure -- an output measure, but that everybody feels comfortable with. It's like, well, we know if they have a corporation did it make a profit yet? Yeah, it did. So, this is did the city do X that they said they would do. So, we say we are going to have response times of three minutes and we did it kind of thing. It gives us a lot of public accountability, It is a way to decide in a maturing entity when you don't have a lot of growth income it's a way to decide, well, should we increase the fire response time, should we have another soccer field or should we increase the police response time? And it's kind of considered, you know, a fair way to make those kind of decisions. The disadvantage of it -- it becomes a massive data collection exercise. Just collecting tons of data that nobody ever looks at. So, everybody really has to be on board with it. It's very time consuming in the inception. You have got to have measurements that are useful, that they are easy to measure, but they mean something. And, of course, can't measure everything. I mean there is quality of life issues, et cetera, that we can't measure. So, in looking at it we are attending training. Right now it's too big for us to take on with our current staff. So, our focus right now, what we are really focused on is financial planning. We are doing projections, revenue projections, spending projections with the CIP plan. I will just touch a little bit on that. Instead of just telling you that I'm going to show you that. Kind of looking at the city, where have we come, where are we going. So, the first thing that's probably the most important is like, well, where is the money. You know, where is it. So, if we look at the General Fund we see that most of the money is in personnel. Seventy-three percent. That's standard. You know, that's generally how general funds across the board in cities are structured and most of that, as we have talked about, is in public safety. For the Enterprise Fund, discounting capital, most of their money is operating and a lot of that operating fluctuates, because they can have a five million -- well, I don't know, five million is probably too much. But multi-million dollar master plans that are there for three years and, then, they are removed. So, it's -- it's kind of -- that one fluctuates. When we look at the next slide you can see that. Then in the capital you can see, well, that's all in the Enterprise Fund, 12 million out of 18 million. So, this just looks -- so if we are saying, yeah, our Meridian City Council March 13, 2012 Page 23 o 52 money is pretty much in personnel, these are just some facts. I'm not going to read through them, you can look at them later, but that show -- I always try to look at a five year change in our personnel. So, this shows you where we were in 2008, where we are in 2012 . Again, our operating -- and, actually, for the General Fund, you will see it's really varied, too. So, really, what we are -- we are concentrating on when we look at controlling spending or managing spending or planning spending, is in personnel. So, of course, this same graph I showed you last year, just updated for this year, the correlation between population and employment growth. I think that's one of the big drivers. I mean if you read literature across the board, the big driver for government -- state, county, city -- is population growth. So, again, I'm not going to read through these. It's just something that you can look at that does -- the average annual change -- so, it's an average across each of the five years and, then, they increase from eight to 12, so just between two numbers and, then, that change from 11 to 12. 1 mean you can look at every -- all the operating just up and down, because, then, we had like the police department has their bond payment they were making, so when that was gone the operating changed, so it's utility -- all the master plans, et cetera. So, if we look at -- went back and look at our fund balances by taking them -- the audit that we just finished -- the year end audit and see -- I took the General Fund is the black. The total General Fund -- and that includes everything. Impact fee, capital improvement fund, development services, etcetera . And, then, the unrestricted General Fund balance -- you see where we went through that -- the huge growth spurt and, then, we dropped. down again. Enterprise Fund slowly going up. General Fund going down. And that star is if we took out our reserve -- actually, our reserve is about 8.2 million. But we also had some of those whacky fund balance items in there. So, this is just a look at the Enterprise Fund -- or the two fund balances and our fixed assets. So, it used to be when we looked at the Enterprise Fund we saw that huge swing upwards in the fixed assets and kind of a dropping down of a fund balance and now if we do that same thing with the General Fund you can see that we have a big up swing in fixed assets and kind of a dropping off of the fund balance. So, the General Fund -- this is just a summary of what did we do over the last decade. What did we build and where did we get the money from and it includes vehicles, too. So, the black is the General Fund and it's separated by each department, so they can see where their funds came from. So, if you look at parks probably most of these funds are -- or a good portion of their funds came from impact fees -- well, the majority from impact fees and donations. So, I just thought that was interesting, because we have had a lot of increases in park assets, but if we look at it, most of it's impact fees and donations. And, then, admin, that's City Hall. So, the Enterprise Fund is in a stabilization -- kind of a stabilization position now. These are from the audit again. That big spike downward when -- is from when they transferred money to the City Hall and, then, you can see finally their operating revenue is now starting to creep up over their expense. So, where are we going? So, that's where we have been, so where we are going? So, I just -- I just took the General Fund and looked -- okay, let's -- this is a scenario for five years. So, the scenarios that construction, taxable -- new construction increases our tax revenue two percent a year. That's what it's been the last two or three years. The other big driver here is total taxable market value of the city, which has been steadily decreasing. It has decreased another ten percent over the last year. I'm going to say -- I'm going to Meridian City Council March 13, 2012 Page 24 o 52 be -- well, I'm going to be kind of liberal and say that Ada County only decreases at five percent again in 2013. 1 see no change for'14 and it, actually, starts to increase in '15, '16 and '17. 1 leave sales tax at three million, because it's pretty consistent for us. That's a pretty safe number. We had a year where it went up 3.4, 3.5 million, but that's -- that's kind of a swag. Building permit revenues stays about where it is. Building Department stays about break even. Court revenue, unknown. I mean we could possibly lose 400,000 dollars. And all our other revenue sources stayed -- remain level, which they do. If you look even over the decade they stay pretty consistent. Personnel and operating increases only three percent each year. And the wild card -- what do we do with our property taxes levy. So, if you look at that top graph, the graph on the right, that is our historical money that we have sat down and down in July -- or before July to look at the -- in the budget workshop and say how much money can we spend on enhancements. You can look at -- it was just huge in 2000 -- just 2007, '8 and '9 and now dropping off. So, it's like, well, what if we don't take any tax increases, what if we just live on two percent? That's the bottom graph where we are getting pretty close. By the time we get out to year '17 the expenses cross over the income and it's like the position that Enterprise Fund got into. There is some cost -- hidden costs in here that I want you to think about when we do this -- our costs that happen every year that we don't really necessarily think about. Our capital replacements, mostly police and fire, are a half a million to a million dollars every year. Those aren't in here because this is just operating money. The STEP plan for the police automatically increases, so you could say no merit, no nothing, they will still have STEP plan increases. And last year we did everything. We did a STEP plan, we did the three percent move the STEP in there and that was almost half a million dollars just for one department. The COP grant could end, that's about 300,000 dollars. We could lose court revenue. We know -- I think we know health insurance cost is increasing or we are worried that it will increase and we definitely have to keep our eye on the legislative changes that could reduce our sales tax -- I mean there is ones that could reduce our sales tax, eliminate the personal property tax. There is one that could actually affect our new construction immediately and retroactive, which would be similar to the one a couple of years ago where we lost 1.9 million dollars in our new construction because of a retroactive change in tax status. So, this -- all those things are out there brewing. So, what if we do take -- let's just say we went way over the other way and we took the three percent allowable property tax increase, so these are just scenarios that you can look at if -- if we do it on the chart on the right -- obviously, the black line goes up. We get about ten million dollars for enhancements over five years. But if we don't we get 1.5 million and you can see we start to dip underneath the line. And the other one is the same information on the bar graph. So, the pink is money for enhancements and, really, the transfer out to Enterprise Fund is also money for enhancements. So, levy rate. It kind of all hinges on the levy rate. The levy rate is going to go whether we take the three percent or not, because our taxable value is going down. So, as long as taxable value for the whole city keeps going down it just keeps driving that levy rate up. So, these two graphs compare. Well, what -- what would it look like if we went all the way into three percent and what would it look like if we didn't take the three percent. Well, you see it definitely increases. It goes up between .005 and .006 where in the middle of the beginning of the decade it was .0028 Meridian City Council March 13, 2012 Page 25 o 52 I think was its lowest. So, you know, trying to say what the levy rate is going to be, there is so many calculations that you can come up with, because these variables -- any tweaking of any of the variables of taxable value, new construction, annexation, and the amount of the budget request, you know, will change the levy rate. So, I just say, well, what if -- what if -- from the two extreme scenarios what would it cost the homeowner and it will be -- by the time you got to the last year, the fifth year, it's like $60.50 per 100,000. So, this just kind of looked at where we have gone or where the homeowners are. I did these two graphs. Well, I did one for commercial, one for property tax, and you can see our property tax is on the top and, again, I'm not going to go through each geographic area, but you can look at it at your leisure -- I'm sure you will take it home and study it. But that kind of tells you how -- what we have done has impacted the citizens and the same with the commercial tax payment. So, in general, commercial has remained -- lost less value than residential is what we learned from doing these comparisons. So, another comparison we do is look at, well, how much do they pay, how much do residents pay, how much do commercial pay as a percentage of the total. So, the tax -- residential definitely has always paid the biggest percentage, but you see how that gap is narrowing, which I think is interesting, because during the growth period, you know, residential -- commercial values didn't rise as fast as residential values. Then the bottom right one we -- we actually were introduced to this idea when we did that fiscal impact study, but it shows you the tax rate per square foot and this is what we found when we did this study is that if you can have like a lot of dense donut shops you would have the highest value, because for some reason per square foot donut shops pay the most. So, I had MDC, just because we get the information. I have the statistics . De Weerd: But, you know, Stacy, I guess long term they would be a drain on our system with the healthcare costs. Kilchenmann: Yes, they would. And if Jeff were here I would have made a joke about it, but it's not any fun if he's not here. Bird: But it would sure be fun. Kilchenmann: Yeah. What a way to go. Bird: Yeah. What a way to go. Kilchenmann: So, this is MDC. Like I said, I thought it was interesting, because it's on our information. So, they have taken a big hit, because you can see -- well, in 2003 they were just starting, but where they went at their peak and where they are now is quite a difference. And -- yeah. So, you know, it's like -- it's -- we are faced with the big wild card again, what are we going to do when we sit down this year to do our budget planning. We cannot increase anything. You know, we can keep it under two percent, so that we don't -- or whatever the new construction is. We can develop a trigger for taking some of the three percent, so if we are going to add two policemen, we take enough of the property Meridian City Council March 13, 2012 Page 26 o 52 tax levy to pay for two policemen or if we are going to hire -- you know, if we are going to build a new fire station we take enough to pay for the fire station. We are not ever going to go back and do the foregone amounts. I mean I think that would be unpopular. I can't see us doing that. So, we are -- we have finished our CIP plan. The directors have finished their -- and we are going to be setting up a short meeting with you all to go over that and we will have funding components in it that are a lot more detailed than this, but that show you exactly all these numbers year by year for the next five years and the next ten years and for the fund balance. So, same thing that we all need to start thinking about. So, I have one last part of my presentation . Steve's not here, because I'd like to dig him with this, but he's always like our department is the fun department. Well, that is not really true, because accountants have a lot of fun. I mean you don't know what you're missing by not hanging out in the accounting department. So, are there any questions? De Weerd: Was that picture of Todd after budget? I think so. Either that was him or me. Kilchenmann: And Jennifer has got a flaming calculator. I had to ask what it was. I couldn't tell what it is. But it's actually a calculator. De Weerd: For some reason I thought they were cupcakes. Kilchenmann: I did, too. I thought they were -- Bird: I did, too. I was going to ask for -- Kilchenmann: I thought it was a cake, but it's actually a flaming calculator. De Weerd: Well, you really break the mold on accountants, because that's what we have always been told. Kilchenmann: Yeah. We keep -- we try to keep it a secret, but we are coming out this year. De Weerd: Council, any questions? Bird: I have none. Rountree: No. Bird: Just a very good report. Rountree: Thanks, Stace. Zaremba: Thank you. Meridian City Council March 13, 2012 Page 27 o 52 De Weerd: Thank you. Right when we got to Mr. White's item he gets a phone call. Bird: Bruce is short. Rountree: Bruce is short. Bird: Let's go, Tammy. C. Community Development: Update on Meridian's Energy Code Compliance Efforts De Weerd: Bruce, we will go ahead and ask you to report on Item 8-C. Freckleton: Thank you, Madam Mayor, Members of Council. Good afternoon. I don't know if you noticed in that last picture that Stacy put up of Todd, but we had to post that construction with not approved for use and occupancy sticker and a stop work order because of lack of permits. They actually had constructed a cubicle out of cardboard and stuck Todd in there, so we have fun, too. Thank you for allowing me to come before you today. I just wanted to do a quick touch base, kind of give you a little bit of an update on a couple of topics. The first item is with regard to the energy use. You might recall that with the adoption of the 2009 international, codes came higher standards for the design of HVAC systems and ducting. The program has been in place for a little over a year now. It took effect in January of 2011. You might recall that the changes in that code were primarily because of mandates from the DOE to try an increase the efficiencies of these types of systems. With the state's adoption of the international code local jurisdictions -- by virtue of the state's adoption local jurisdictions were -- you know, we are also required to adopt the same code as written. We can be more restrictive. We can't be less restrictive. So, that's how we got to our adoption. One of the items that that particular code does require -- or, excuse me, not that code, but the mandate from the DOE was that there be compliance reporting back to the feds and I believe the period was a three year. So, the program would be in place three years and, then, the states have to do a report back to the DOE as to how the states are doing on their compliance with those requirements. So, we have been in communication with the DBS, the folks over there that are in charge of that program, and they are ready to roll out their new database that is -- that has been prepared for that compliance reporting. One of the things that we have experienced over the last year with these codes is that each jurisdiction has set their programs in different ways and it's caused some frustrations for -- for contractors, for designers and builders in the fact that you go to Boise it's one set of rules, you go to Meridian it's another, Nampa it's another and Ada County it's something different. So, one of the things that -- that I wanted to do was to try and see if we can effect some consistency across the valley and so I have scheduled a meeting -- I want to try and do these meetings quarterly and our first meeting is set for the 23rd where we are going to be bringing our counterparts from those other jurisdictions together. These meetings are intended to talk about any code -related items, but our first meeting is going to be focused specifically on the compliance issues with the HVAC stuff. We are going to be having a presentation on Meridian City Council March 13, 2012 Page 28 o 52 that day by the representative with the DBS. He's going to come in and roll out his database to the group and kind of walk through how that's all going to -- going to play out. One of the intended outcomes of the -- those quarterly meetings that I want to do is to try and bring some consistency to how the jurisdictions in the valley are approaching these codes. We believe that, you know, if we can get together and talk about it collectively that we may be able to level the playing field. We have a goal there of trying to streamline process. Also, you know, reduce paperwork and try and get quicker turn around times. All these things, you know, they equate to dollars for the building community. So, I just wanted to give you that little brief on that subject. And if it's okay I will just kind of roll into the next one, unless you have questions on that. De Weerd: Well, let's ask -- we have a continued item, so I'm going to put that right before this -- your next item. Freckleton: That's fine. De Weerd: Okay? Freckleton: Okay. Item 7: Action Items A. Continued from March 7, 2012: AP 12-001 Request: Appeal for a City Council Review of the Director's Denial of an Accessory Use Permit (AUP 12-001) for a Home Occupation by Lee White Located at 1750 N. Ten Mile Road De Weerd: Thank you, Bruce. Okay. I will ask Pete if you want to give us an update before I ask Mr. White to come forward. Friedman: Thank you, Madam Mayor, Members of the Council. We did discuss it with Mr. White. It was pretty clear that -- at least as we heard it, that it is the Council intent for having some form of parking. Really what it comes down to, in my opinion, is -- there is two questions here. One is the permissibility of outdoor display of materials and the second and related matter is of the parking concerns that were brought up. So, as we discussed, right now there would be the ability to allow some display of materials in here. He has erected a wooden fence partially along this line. To fully screen it from Ten Mile it would have to be extended to the garage. As far as the parking goes Mr. White has indicated that the neighbor to the east has given him written permission to use a portion of this area where -- in this picture there are two vehicles parked. Now to have a least a parking space there, we told him that we would recommend that that would be a written agreement from that property owner. Otherwise he says he's on good terms with Walgreen's, if he has written permission from them to use a parking space that would satisfy -- I mean it would be off site, but it would be close enough. So, really, when we had -- on this one have indicated that Meridian City Council March 13, 2012 Page 29 o 52 screening -- or material displayed back here -- it wasn't in this specific spot -- again, based on our review of the conditions that were originally contemplated by Council was that the display of material would be somehow screened, I took the liberty of assuming that would be out of this area and, then, somewhere back in here. So, really, what it comes down to is, you know, allowing a display of materials behind a six foot fence here with some form of parking agreement from one of the adjacent owners and, then, any conditions that Council may feel is appropriate. What we do recommend is whatever set of conditions are developed is that we not issue the actual permit until all the necessary building permits have been obtained and all the other conditions have been met and, then, we do a site inspection. Mr. White indicated a desire to have some form of directional signage to point his visitors to this off-site parking space. Code allows that. Doesn't require a sign permit, it's merely directional. So, with that I hope I was able to achieve what you sent us off to do. De Weerd: Thank you, Pete. Mr. Hoaglun? Hoaglun: Yes. Thank you, Madam Mayor. Pete, I just remember during discussions as this thing has drug out a little bit that there was going to be an allowance for him to display things on that pad. We had indicated parking, but he will get permission for other parking spots, but, then, it would have to be pulled back at night or -- but I -- my recollection was there was -- he could display goods on that particular pad. Was I misunderstanding that? Friedman: Madam Mayor, Members of the Council, Council Member Hoaglun, I certainly wouldn't want to accuse you of misunderstanding anything. What I put in the memorandum was our perception of potential conditions as we heard them -- and one of those potential conditions I believe that was offered at the first hearing was that materials that were out for display would have to be moved inside at night or -- so, again, that was a -- all of these are conditions for your consideration based on what we heard during the previous two proceedings. Hoaglun: Okay. Thank you, Pete. De Weerd: Any other questions for Council before I ask Mr. White up? Okay. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I didn't hear Pete if he talked about the connection. Friedman: Oh, I'm sorry. I'm sorry. Yes. Mr. White has handed you, I believe, copies of photographs he made of a two-by-four structure -- two-by-four array connecting the building to the accessory structure. It was represented both again in the initial contemplated conditions of approval that there be some kind of an arbor or trellis and, Meridian City Council March 13, 2012 Page 30 0 52 then, again, at the last hearing that he would be constructing a trellis. There was a different design proposed than this -- than the one that you received the pictures of and I guess the question begs if that constitutes a trellis in the Council's mind. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, the only thing -- I just wanted I guess for the record for you to be clear if that's adequate to you as a connection, because the original intent of the accessory use permit is that it's all contained within your residence. So, when Mr. White was here originally this is an outbuilding on the property and we have other properties around town, like in Old Town, that have outbuildings that were formerly garages and such. So, as you recall at that particular hearing, the first one, Mr. White had suggested hooking his phone wire between the buildings and Council didn't think that was adequate. I just want to be cautious. If you feel this is adequate we may get other people that will, basically, nail a board between their house, this outbuilding, and consider that to be a structure making it accessory to their home and connecting it. If you feel that's adequate that's fine, I just want to make it clear that's what your desire is. If you feel it needs to be more of a structure, then, it's connecting, because again, that was what was discussed, on some type of trellis Mr. White had said a roof structure wouldn't work, because of the wind, but a trellis might because the wind would be allowed to pass through it. So, it really -- the intent is is to keep things inside a structure. We are stretching the limits by connecting these walkways together, but originally we were talking some sort of breezeway connection and now it's a two by four nailed to posts that connects an out building to the house. So, I just want you to be clear if that's your desire to do that. And, then, again, it's clear to Mr. White he needs a building permit regardless. So, we wouldn't issue any accessory use permit until the building permit is secured as well. De Weerd: Okay. Thank you, Mr. Nary. Mr. White. If you will just state your name for the record one more time. White: Lee White. 1750 North Ten Mile Road. It seems like the more I open my mouth the deeper I get in. I will go ahead and get permits. I do not feel -- and I had the feeling that the Council didn't feel like a trellis with a roof on it or anything was going to be a necessity to connect the two buildings. It would be more of a hindrance because of the possibility of wind damage, because that is a wind tunnel that blows through there if we put something that restricts the wind more -- resists the wind more. So, I'll go ahead and get a permit, but I would like to have approval that what we have put up is going to meet the requirements of connecting the two buildings as has been stated. Mr. Friedman has done a good job of covering the storage. If we have to put the display on the lawn and put a six foot fence up to cover it, I think we are overkill, because there is a four foot fence over about two-thirds of the property between Walgreen's and my property existing. Six foot fence total enclosure would be probably Meridian City Council March 13, 2012 Page 31 o 52 not as esthetic as we would like to have in the City of Meridian. Any questions that I need to have from the Council at this time that we might help clarify from you? De Weerd: Okay. Council, any questions for Mr. White or staff? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Thank you, Madam Mayor. Mr. White, is your wife happy with that trellis? White: Truthfully, no. She's not going to be happy with any structure that -- just for the record, I probably shouldn't say anything, but my is suffering from Alzheimer's, so I have my hands full there, as well as trying to keep myself occupied with doing other things that are important to me and to the city, to my neighbors. Hoaglun: Yeah. When I hear the term trellis -- and my wife is into that sort of thing, growing things up trellises and different things and there is different styles -- when I was thinking of a connection and breezeway I was thinking of something where -- like you have there with your posts and two by fours, but doing the same thing on the other side and, then, just at intervals putting some crossings -- two by fours or what have you across that, that if you desire, then, to grow plants, vines, anything like that, where it wouldn't create a problem with the wind -- still allows the wind to go through, but it -- it -- visually it looks a little better, but -- and so I thought that's where you were going with that, so -- De Weerd: And that's what the -- I think that's what the drawing looked like that you gave us. White: Initially and, then, we had some discussion and I was under the impression that a two by six is what I was really intending to do on it, but, you know, I'm -- I'm putting money out trying to get it done and get it done the way you want it, the way it needs to be in order to be in compliance, I want to do it, but I also am watching the pennies and seeing what will meet the needs without going -- we are probably looking -- as I have mentioned before, we are probably looking at a two year span, maybe three at the very most, before Ten Mile Road widens to the point that it takes some of my property, thus making my property, my home inaccessible, because I won't be able to get in and of the driveway, so what do I do? De Weerd: Okay. Any other comments or questions from Council? Okay. Well, in front of you, Council, is staff's recommendations. We have Mr. White's comments and now it is in front of you for your consideration and your motion. Any further comments, Mr. White? White: Thank you. I'm through. Meridian City Council March 13, 2012 Page 32 0 52 De Weerd: Thank you. White: I hope I haven't over -- overstayed my stay. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I have got to find -- here we go. I move that we close the -- this was a public hearing that we continued; correct? De Weerd: No. It was just an appeal. Hoaglun: An appeal. Okay. Okay. I just wanted to be sure we had closed the public hearing if it was one, so -- just to discuss something, it was -- as I was thinking about this thing throughout the process, to me the -- allowing him to display his goods that he does as a hobby that he recycles was to move them from the front yard and back to the side and in my mind I was thinking that we would allow him to place those on that pad of that outbuilding in that area. Doesn't seem to have a problem with theft or that sort of thing that -- I know one of the discussions we had was allowing him do we -- do we need to fence that off, do we need to, have him remove it every night and I was of the mind that we could just allow him to display it over there. It was off the main road. He had the sign. He has parking permission to have adequate parking for that space and that seems acceptable to me, so -- but I know Pete heard lots of different things as he was trying to put things together as had our different ideas and throwing things out there of what we thought it should look like, so that's just a thought that I was going with, that that pad was acceptable for him to display it. It moved it from the front to the side and go from there. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And I got the same perception that Councilman Hoaglun did. I have no problem with him displaying it there and whether we want to make him take it in or not. I mean it's out of the view of the road. You can see it in there. My concern is the hook -- the two by four or whatever it is running across there, I guess if we allow that to connect building to building, as far as I'm concerned that cement walkway connects it. I was under the impression that the Mayor was -- I thought we were going to get a trellis there, but -- something that would look like some structure. De Weerd: Any further comments? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council March 13, 2012 Page 33 o 52 Rountree: I guess I agree with what Councilman Bird and Hoaglun said about the connection. That wasn't what I envisioned when I made the suggestion. My -- I envisioned something along the scale of maybe a little more than what I see here from Mr. White original's drawing. I don't want to design this thing for them, but to me the intent is to at least have something that appears that the two structures are connected in order to comply with the ordinance. At a minimum I would say that the structure that has been placed there be repeated on the other side of the sidewalk and the connection made there, possibly staggering the posts placement so there at least appears some staggering of the posts from garage to house and adding some trellis work across the -- either the top of that or a couple feet down from the top edges to make it look like it's a structure. The parking -- I don't have a problem with what's going on with the parking. We cannot -- we can't approve parking on somebody else's property, but if they want to write a letter saying they are okay with Mr. White utilizing that as a parking space, that's fine with me. That would take away the question of the parking pad in front of the rear garage, which I anticipated all along would the area where materials to be either given away or sold would be displayed. The point of the fence -- to me where the fence goes is up to Mr. White's discretion. The objective is to get the materials and stuff that's either not merchantable or in a raw form or yet to be recycled form, be screened and staff has suggested he could put that behind his garage where it's not seen or it's a suggestion that is to put it behind a six foot fence. To me that's pretty simple in terms of what needs to be done. It needs to be screened.. It needs to be screened according to the city's ordinance for a home occupation. So, where ever Mr. White decides to create a screened enclave on his property that's up to him. I'm not going to tell him where to do it, it's just not going to be in public view. He's, essentially, agreed with -- with most everything, other than the clarification of the intent of getting his collection screened. I think we have got the parking resolved. I think there needs to be a little more effort on the trellis or pergola or a walk dressing up to connect the two, but I think we are almost there and I don't know what more to do. We can continue to talk about it, but until we see something presented to us or an attempt to accomplish what it is we are trying to accomplish, I -- we could dictate it, but I don't know that that's necessarily what we want to do. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I guess two things. We could -- we could take basically your discussion today and create a new list for your approval that would, then -- Planning would, then, issue the accessory use permit once all of those conditions are complied with, the consent for off-site parking -- the only thing I would like to clarify, Council Member Rountree, is -- and I agree with what you're saying -- is the material needs to be screened. By looking at this picture provided by Mr. White, everything that is between the edge of this fence and his garage appears not to be screened, so -- White: Correct. Meridian City Council March 13, 2012 Page 34 o 52 Nary: So, your intention is they should be -- have any visible products beyond the screening, so if that material could be placed elsewhere that's fine or he could continue the fence. I mean it's his choice. Rountree: That area I'm referring to is the parking pad in front of the rear garage can be utilized for display. But it can't be utilized for storage of material or stuff or -- Bird: For finished product. Rountree: Whatever all is there, which is too numerous to recite, it's just -- it's not acceptable with -- with our ordinance, even at a commercial establishment that's in a commercial zone. let alone a residential area. Nary: Thank you. I just want to make it clear for Mr. White. So, if the Council is comfortable you could do one of two things. You could either make a motion with all of the information you have -- you have all stated and with that direction to planning or if your preference would be for us to take the minutes from today and, essentially, craft a couple of these that are slightly different -- I don't think they are significantly different -- to make it clear, then, you could approve those next week on your Consent Agenda, then, they would have direction to issue the accessory use permit once that's all completed. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I'm willing to take a stab at this and see if we can get this done. I don't know if Mr. White wants to come back one more time, so -- De Weerd: Probably not. White: I'll do whatever you want. Hoaglun: Let me give this a try, Madam Mayor. I move approval ofAUP 12-001, with the following conditions: Item one as listed on the memo to the Mayor and City Council. Item two, which have been agreed to. And Item three related to the sign. Item four would be that all raw materials would have to be either stored on the north side of the garage -- or the outbuilding or screened by a six foot fence and that is, as I said, raw materials. Number five. The applicant shall connect the accessory structure to main house with a trellis and that trellis is to be as Councilman Rountree had said, another post and board to mirror what the photo shows, with some sort of connections at intervals between the two. How Mr. White wants to do that is up to him, but something that creates a walkway structure that is what I consider a trellis. All of these items -- the fence and the trellis would need a building permit. Item six on the memo would -- I have addressed in terms of the raw material and the new item six would be the outdoor display of recycled goods available to people who wish to see what he has Meridian City Council March 13, 2012 Page 35 0 52 available for sale or for free -- can be displayed on the pad of the outbuilding. Item seven is parking will be allowed with permission from the adjacent property owners in those areas of the -- along the ingress -egress areas of his neighbors and Walgreen's as he indicated. But, again, he needs permission from those property owners. Item eight we would keep, subject to revocation by the city with 30 days notice. And, item nine, all requirements listed above must be completed by April 30th or said approval is null and void. And just to make clear that no AUP will be issued until all the permits have been secured and the work is completed to the satisfaction of the city. Bird: Second. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Could you explain to me what is entailed by raw materials, because I see in the photograph what looks to be a dilapidated shelf, a truck tire, piles of stuff. I don't know. Is that your intent to call that stuff raw materials? Hoaglun: If those are not available for sale as is to someone stopping by to see what he has available, that is a raw material in my mind. Rountree: Okay. Hoaglun: And, Madam Mayor, just to -- since we have a motion and a second, I need to ask a question now -- De Weerd: Okay. Hoaglun: -- of our legal counsel. Mr. Nary, if -- on -- along Ten Mile he has a sign that says I repair shovel handles or I replace shovel handles, something like that. If he had a sign and it said I support the Constitution, there is nothing we could do about that sign, is there not? Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, I think the courts would consider it to be a statement and not a commercial statement that can be regulated. My only concern would be is if that shovel handle sign turns into a commercial sign, then, it can be regulated. So, if it says I replace shovel handles, open Monday through Friday, 8:00 to 5:00, that's a commercial sign. Giving a statement of what I do for fun or for a hobby is not something we would normally regulate. So, if it stays as it is it's probably okay. If it changes to Mr. White's Collectables, see the back, then, that's a commercial sign. Hoaglun: But his sign -- and I know it seems like Mr. White has an affinity for this sign when he was here before. I Replace Shovel Handles -- as long as he doesn't put Meridian City Council March 13, 2012 Page 36 o 52 hours of operation, prices, any other statement with that, that is something we could probably allow. Nary: Council Member Hoaglun, yeah, then, it's not a commercial sign, it's simply a sign, a statement and that's all it is. If it were to change to something else, then, it could be considered a commercial sign, which means it has to fit under the sign requirements and it couldn't be there. Hoaglun: Well, Madam Mayor -- De Weerd: But as it is -- Hoaglun: As is -- De Weerd: -- it is a landmark. Hoaglun: Well, Madam Mayor, if I might amend my motion to add in one last item and that is to allow Mr. White the sign on Ten Mile that says I Replace Shovel Handles and as long as that sign complies and does not change in terms cost, times, locations, or any other advertising, that it be allowed to remain on the fence. Bird: Second agrees. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Per that request I don't have an issue from a philosophical basis, but the sign is affixed to what appears to be the neighborhood fence adjoining Mr. White's and I don't have a problem with what was said, but if that -- if we are giving approval for that sign can we approve a sign that might be on somebody else's property? Hoaglun: Well, Madam Mayor, that's a good question, Councilman Rountree. What if we include that to mean that he can have that sign remain as long as there is no complaint from the owners of the fence. Rountree: Or there is approval. Hoaglun: Or there could be approval. We could go either way. It's more -- you know, someone complains and, then, he would have to do something, but if they have approval that's more pro -active. That sign has been there for quite some time, since I have been driving by there. Rountree: I understand Meridian City Council March 13, 2012 Page 37 o 52 Hoaglun: So, I don't have a problem with it being -- that it remains as long as there is not an objection by the owners of the fence. Rountree: Okay. Thank you. De Weerd: Okay. Any other discussion on this item -- on the motion in front of you? Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Mr. White. White: Thank you. D. Community Development: Update on RFQ Process for Contracted Services De Weerd: Okay. Mr. Freckleton, we are back at 8-D. Freckleton: Thank you, Madam Mayor, Members of the Council. The next item I wanted to just give you a quick update on is our RFQ process for the professional services in the building services section. We have been working with the legal department and purchasing department putting together the RFQ documents. We took the opportunity to basically do a revamp or a reinvention of our contract that we have. You might recall the contracts that we have had with these guys date back 28 plus years and they needed a lot of updating and so we have kind of gone from one end of those things to the other and updated them and brought current language into them and Emily Kane in legal has been very helpful in that regard. Also with purchasing Keith and Kathy have been working on development of the RFQ language to be attached to these sample contracts, so that will be put out on the street. Through the -- through the process kind of a -- one of the things that we have done is decided to take these structural or the building contract and break it into three parts -- or three separate contracts if you will. One is for building inspection services, one is for services of a building official and the third would be building plans examiner. As it stands right now, you might recall Witman and Associates holds our contract for building -- for the structural side of things. Daunt currently subcontracts out to Steve Pearson for inspection services and he's also contacting out to Jackson Code Consulting for plan review. We feel that by breaking this up into three separate -- three separate RFQs it going to give us maximum flexibility to kind of react to the market to -- we will gauge interest and availability of those services in the market and I think it will just give us a lot better product in the end. So, our goal is by the end of the week we are going to have those documents wrapped up and be able to hit the streets, Meridian City Council March 13, 2012 Page 38 o 52 hopefully, the first part of next week. We plan on putting notice in the Valley Times, the Idaho Statesman. We are also going to be contacting Idaho AGC, BOMA and the BCA just to make sure that we get the word out. At this point in time we have structured them for a three year term. There is language in those, though, that allows us to react if we do decide that it is not in the city's best interest to continue we do have noticing requirements in there that we can provide notice and within 30 days we can contract -- terminate contracts. So, that is basically where we are at. I would stand for any questions you might have for me. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird Bird: Bruce, a couple things. First, let's go back to the energy code on the HVAC. Freckleton: Uh-huh. Bird: We required some -- by going that way we required some cost to the people. Are we going to have a report on what kind of savings the consumer is getting after a couple three years? Is there any way that that could be done, too, Bruce? Freckleton: We might be able to. We might be able to. I know a lot of -- a lot of the builders are using third -party vendors to do the design work. We can do some inquiry and see what kind of cost is involved with that. Bird: I think it would be good if we could. Freckleton: Sure. I can do that. Bird: And, then, splitting up your general contractor inspections I call it, aren't you afraid we might have some -- we are opening up some finger pointing between three trades of whose fault it is if something goes bad? I'm just throwing out a question. Freckleton: Yeah. You know, each one of them has a specific -- specific roles and responsibilities. I feel that we do have that pretty clearly defined in the contracts. You know, as I said, right now there is three different contractors working on it. There is one contract, but we have three -- three contractors working -- Bird: Yeah, but it's all under one -- Freckleton: One contract. Bird: Yeah. I mean if you got a problem you call one guy. Freckleton: Correct. Meridian City Council March 13, 2012 Page 39 o 52 Bird: And I can see -- I can see some guy that looks at the plans and okays it, says it's going to work right and, then, it gets to the guy that's inspecting it and while it isn't quite to the plans, but it's okay to him and something happens, the plan guy is going to say, well, I did this in the contract and say, no, you approved it. So, I just -- I see some chance of finger pointing -- maybe not, Bruce, you know better than I do on that. But it's something to look at -- to be wary of. Freckleton: Yeah. Let us noodle that a little bit. Kind of the intent there was to -- like I said, to try and maintain maximum flexibility. When we receive the responses to these requests there is nothing in our documents that prohibit one contractor from bidding on multiple RFQs and that sort of thing. So, it may be that we get one guy that bids on all three, but we wanted to -- to be able to maintain that flexibility and see who is out there. We know that there is a lot of parties out there, so -- Bird: And also if one person should bid on it there is nothing against him subbing out the other two sections or the other section, am I right? Freckleton: Right. Bird: Okay. I'd go along with that. De Weerd: Okay. Any other questions? You know, Bruce, I guess before this goes out, I would like our new community development director to take a look at it. I know that you and your staff, as well Rich Dees, was trying to put together an overview for the new director, so he could kind of get his head around it and see what direction he was going to recommend. So, I -- I would like this to certainly go in front of him before it went out for the RFQ process. Freckleton: Yeah. Absolutely. He and I met yesterday and I brought him up to speed, briefed him on where we are. De Weerd: On his first day? Freckleton: On his first day. Yeah. He hit the ground running, so -- but, yeah, definitely he -- he asked to see it as well, so we will be meeting with him. De Weerd: Okay. So, I guess I'd like to see if we can put this on a future agenda just to bring an update to Council before it goes out. Freckleton: Okay. Absolutely. De Weerd: Okay. Council, does that seem fair? Bird: Yeah. Let's not hold it up, though, Mayor. Rountree: No. That's a good idea. Meridian City Council March 13, 2012 Page 40 o 52 Bird: Let's get it going. Freckleton: Yeah. I would anticipate that we could have it back to you -- Bird: Next week? Freckleton: If we can get Bruce on board and that sort of thing. Otherwise, it would probably be the week following. Bird: Okay. De Weerd: Yeah. I think probably two weeks. Bird: I think it would be a good idea to have him look it over, but -- Freckleton: Absolutely. De Weerd: Okay. Thank you. Freckleton: All right. Thank you very much. E. Public Works and Purchasing Departments: Award of Change Order No. 2 to Task Order 782 "Ground Water and Wells Compilation" to Hydro Logic, Inc. for the Not -To -Exceed Amount of $34,000.00 De Weerd: Okay. We already heard Item E, so we will move to Item F. Kyle. Radek: Madam Mayor, Council Members, this item is change order number two for ground water and well data compilation, which is a task order that we have with hydrologic and I will try to be brief. I, basically, want to cover two concepts here. One that the products that we are getting in this task order, if -- if he can fit it on the screen -- is extremely valuable to us and this is just a slice of what we are getting in this task order, the as builts from all the wells that we have really ever drilled and the second thing is that the -- the work involved in putting this information together I don't believe could have been fully anticipated and so I understand the need for more funding to get it done. To complete the information that the project requires, the consultant was having to go back into very old records, they were having to access soil logs that were very old, five and a quarter inch floppy disks, three and a half inch disks, things like that. There is just a lot of manpower involved in getting this information. I wanted to -- Pete, can you pull up the other one? This is the test flow. I wanted the well Well 20B production well. Just wanted to briefly show you what kind of information we have got here and the value it is -- no, you can't. Okay. Friedman: It's gone. Meridian City Council March 13, 2012 Page 41 0 52 Radek: Oh. That's interesting. Well, in any case, this shows you some stuff. This shows you the lithography if you take a look at this -- this line here, this tells us what material we are drilling through. This happens to be a test well and it shows us where we have test wells, how they line up with the lithography, how that lines up with the geochemistry and the test wells -- when you go in and you do a production well -- say a well rehab like I come and talk to you about every year we are going to do a couple well rehabs and you find out things that you're having problems with your water chemistry that aren't quite right, you can go to the test well and see what the original water chemistry was, you can see if the water chemistry has changed in the test well or perhaps there is a change in a production well that's near by and this is exactly what happened to us in Well 20B, we had a water chemistry change that caused our uranium to go above the maximum contaminant level. We turned that well off last spring. Through the use of -- largely the use of the data that's contained in this -- in a report like this and actually this report specifically, we have understood the chemistry change in the production well. We put a liner in that well. We brought the uranium levels back down below the MCL. We believe that it's a trend that's going to continue and that we will be able to use that well far into the future and understanding what happened was to a large degree a result of our keeping data like this. So, those are the -- really the two things I want to -- want to express to you. I feel like the value -- the price we are going to get for the money we are spending, even though it was not the money that was predicted originally, is unquestionable and I also brought -- I brought our consultant over in case you have any questions for him. But I guess with that I will stand for any questions you have about this change order and request that you approve the funding. De Weerd: Thank you, Kyle. Council, any questions? Bird: I have none. De Weerd: No? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Item 8-F. Hoaglun: Second. Bird: Second. De Weerd: I have a motion and a couple of seconds on approval. Mr. Hoaglun second. Any discussion? Madam Clerk. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Meridian City Council March 13, 2012 Page 42 o 52 MOTION CARRIED: ALL AYES. Bird: Nice to see you, Kyle. De Weerd: Thank you, Kyle. Radek: We try to keep it brief. G. Planning Department: South Meridian Visioning Update De Weerd: Item G. Caleb. Oh, we are not transportation, uh? Hood: There is an aspect of transportation, but you will have to bear with me. In fact, let me start with just a reminder. On Thursday there is a joint meeting with ACHD at noon at their place. So, just -- you all should have seen that e-mail invite, but just wanted to remind you real quick. There is your transportation -- De Weerd: Well -- and a reminder as it relates to south Meridian, certainly the rebuild of Meridian interchange and Senate Bill 1317 is in front of the House Transportation Committee tomorrow at 1:30. Certainly we encourage you to contact your House transportation members to support our community by supporting that piece, of legislation. Hood: Yes, Madam Mayor, and I will point out that in Meridian we have two representatives on that House transportation defense committee, so -- in fact, the chair Representative Palmer, so -- and Representative Hagedorn is co -sponsoring the bill. So, thank you for that plug. De Weerd: Thank you. Hood: So, onto south Meridian vision and future land use designations. As you all know earlier this year the city contracted with Parametrics to plan for the future of south Meridian. Shortly after choosing Parametrics as our consultant we established a -- what we are calling a project advisory group or a PAG. This group is made up of city staff, both Public Works and Planning staff, city staffs from Kuna and Nampa, as well as Ada County Development Services, Ada County Highway District, COMPASS, Nampa Highway District No. 1 and Central District Health. These agencies -- I just want to give them some props, they have been great to work with so far, they have been very engaged, very helpful and we have got a great cross-section, too, of expertise on this PAG. So, hopefully, they can stay with us for a couple more months as we bring conclusion to this project. I just want to -- I used south Meridian -- I just want to clarify it's not all south Meridian that is currently under study for this project. For purposes of this project south Meridian is defined as 1-84 to Lake Hazel and, then, approximately Linder to McDermott. You can see there is some squiggles down there between Linder and Meridian, but it's, essentially, Linder over to the county line. Most of this area is currently designated as a future planning area on our comp plan future Meridian City Council March 13, 2012 Page 43 o 52 land use map and that's mainly why we are doing this project. So, this presentation -- most of that you have all heard that before, but this is to update you on what happened at Mary McPhearson Elementary on February 22nd and, then, prepare you for our next second workshop on April 3rd. And I want to just also make sure that -- and check in with you that we are on the same page and make sure that this is progressing sort of how you envisioned. So, the main goal of this project is to fill in the gap on the future land use map that I just mentioned. Again, the history -- 2006 to 2008 we tried, but we couldn't reach that consensus. With Ten Mile interchange opening and the economy showing some signs of life, it's timely for us to try and plan for this area. We do have a new land use designation that we have developed for this project. Through the previous version, again, that 2006, 7 and '8 process, stakeholders expressed some desire for very low density rural future land use map option. Again we did create that as an option for this project in coordination with Parametrics and you will see shortly here that it was pretty popular with the folks that attended that first workshop. We envision this rural estate designation being used for everything from existing five acre lots, which there are quite a few out here. The hobby farms. The larger agricultural parcels. Because the anticipated density in those areas are so low it does not appear to be cost effective to plan for and provide sewer, water, to some or all of those properties into the future and we will talk about that a little bit more. One of the goals of this project is to also concurrently plan land uses and the services for this area. There are some near term needs and wants for services, as well as some long-term implications to what land use designations and services we plan for. Planning staff is working with Meridian and Kuna public works staff to figure out what makes sense for the entire area. One of the other process goals is to clean up our future land use -- or, excuse me, our area of impact boundary. Kuna has already annexed some area on the south portion of this -- between Ten Mile and Linder Road near -- along Lake Hazel Road, so we envision an amendment to our area of impact. And, then, one of the last steps that we will ask participants of this process to do is help us locate potential places for schools, parks, pathways, other community amenities, some of those strengths that may be out there in south Meridian that we can take advantage of for the future. So, so far in early February we mailed out about 700 post cards to owners„ tenants and other agencies in the planning area, Idaho Power, Nampa -Meridian, those types of agencies, inviting them to the initial vision workshop. You also received one of those -- or should have received one of those in your mailbox here. We also did outreach via the website, Twitter, City News, Valley Times, etcetera, and in that meeting on February 22nd approximately 40 people gathered to play the you are the map game. There were four tables. There were four scenarios that were created then and we photographed them, transferred them to Community Viz, which is a software that runs over the top of Arch View. A lot of you that participate in what COMPASS has going on are familiar with that software at this point. And, then, we posted it under the project website, so everybody has been able to look at these for at least a couple weeks, if not a few weeks at this point. And, then, last Wednesday that project advisory group met, reviewed those four scenarios and combined them into an alternative scenario, which I will show you here just after this next slide. So, here are the four scenarios that the tables created. Each block -- just to refresh your memory, represents approximately 40 acres. There are quite a few similarities and I will just Meridian City Council March 13, 2012 Page 44 o 52 maybe quickly point out some of those to you. You can see in the southwest quadrant of all these areas that that new rural estate designation was very popular with folks. But you can see in four of them at least that lower left quadrant they envisioned as remaining kind of rural. It's probably no accident, there is a large dairy farm down there, but I did want to call that out. You will also notice that at Ten Mile and Amity all of these scenarios have some nonresidential components. Some of them are mixed use, some of them commercial, but on all four of them there are some nonresidential sections there. So, that's a similarity among all four of them. Same deal along Overland. Three out of the four at least had along the Overland extension at Ten Mile some nonresidential component to them as well, so there is some similarities. And, then, another one, just to point out -- it's kind of odd and I guess maybe I'll wait a minute, just because it's harder to see here. But there is a corridor that runs along Black Cat that also a lot of people want to preserve for rural ag. So, I just wanted to show you those briefly and then -- so the PAG, again, took those four scenarios and come with this hybrid scenario. We also took into account, you know, always having those four scenarios on the table in front of us. Also looked at the existing land uses using the aerial photos, topography, nitrate priority areas and sewerability were all also taken into account as the PAG kind of crafted their own version of those four scenarios. I will let you know we have some additional smoothing to do. I mentioned these are broken up into 40 acre blocks. Our next step is to pull the grids off and start having them follow, you know, canals, property lines, those types of things that make kind of natural barriers. Roadways that make natural transition points between different land uses and I'm not quite done doing that. I need to get with Warren and look at sewer sheds as well and have those follow sewer sheds as closely as possible, particularly if we do end up with a version that has an interface between a rural and urban component, you know, what's a nice break there or a nice transition between those. So, I did, again, want to just maybe pause for a second. I don't -- I wasn't actively involved in the previous process in 2006, 1 was wearing a different hat for the city at that time, but did want to just pause and just make sure that, you know, you're okay -- this new concept, this new designation is new and, like I said before, it is fairly popular. I think we can reuse it if you all are okay with us going forward with this and putting some more definition behind it. I think we can probably reuse the same designation when they look at the fields district this next year. So, I think there will be a lot of similar components to how it's used here potentially in south Meridian for northwest Meridian. So, I don't think it will be just a stand alone thing for south or southwest Meridian, but I do think there is some potential to use it again. But I did want to just see if there is any comments, because it is a real paradigm shift. I mean we are the city, we are not the county, but here we are having potentially -- and what we heard from stakeholders, you know, some pretty low density future land use designations. So, if there are any concerns with that at this point, please, let me know, because I don't want to get too far down this process and, then, have to come back to the participants and go forget what we just did, never mind all that, here is what we are going to do. So, if you don't want to do that now, that's fine, but if you wouldn't mind contacting me and letting me know if you have any concerns if you don't -- aren't prepared to do that now that's fine, but I did want to at least give you the opportunity before we go too far down the road and can't turn back, so -- and, then, you can see Meridian City Council March 13, 2012 Page 45 o 52 that strip of rural estates and all four of the tables had rural estates densities in there and there are -- at least one of those is a 40 or an 80 acre parcel, but just kind of odd, we didn't feel comfortable as a PAG making that decision to say all four tables are wrong, here is what it's going to be. So, if all four tables did something, we didn't change it on our hybrid. That was kind of the overarching rule that we played by and that one is just sort of there. So, we can flush that out a little bit more on April 3rd, but I just wanted to call that to your attention now and we will discuss that some more as a group on the 3rd. I did also just want to let you know some of the implications -- not to talk about this too much today, we are not necessarily prepared, but, again, the sewer sheds discussion with Kuna about them possibly treating some of the wastewater down in this area. Public Works has been having those discussions, so I just wanted to put that out there, I think they have plans to come back and talk with you at a different time about all the options there, but certainly there is an interrelationship here between your land uses and the level of services and who is going to provide those services into the future and we will probably need to talk about that some more moving forward, so -- and, then, the mixed use types for the workshop on the 22nd we just used the general mixed use designation. As you know, the city has about a dozen different classifications of mixed use type, so on April 3rd we will also ask the participants to help us define what types of mixed use are we talking about here. Are we at the neighborhood level or are we at the regional level. Are we at a coffee shop ice cream parlor type level or are we talking Walmart, Home Depot level. So, those are -- De Weerd: Or donut shop. Hood: Or donut shop. De Weerd: Because, you know, those make more money. Hood: Well, it's sustainable for the city, so maybe we will push for donut shops on every corner, but -- but those are kind of some of the things we will talk about on the 3rd and need some more clarification on these land use scenarios as we work toward a final preferred scenario. And, like I said, we will have some fine tuning by staff between now and then, so -- are there any comments at this point on this hybrid scenario that the PAG has prepared and what we will generally be working from? It will look a little bit different on the 3rd, but this is, essentially, what we will propose move forward in a general form on April 3rd. De Weerd: Council. comments? Bird: I have none, Mayor. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council March 13, 2012 Page 46 o 52 Zaremba: I think we are doing the right thing in this process, but I want to phrase it as only one stage of the process. We asked the question of the people that live there and we got a legitimate answer from them and the answer from the various groups was pretty similar. Separately from that I talked to a number of the people that were there and most of them their theme was they liked living in an agricultural rural area and really would prefer that nothing changed and the suggestions that we see here are even kind of grudgingly made by that group. So, they have a very legitimate perspective that they really would like to see it stay the way it is for the most part and that's a very legitimate perspective. But I wonder whether we should have a separate group that we ask similar questions to that -- that -- I'm thinking people in the development community. The thing I worry about and I love preserving the agricultural area as much as anybody, but I have seen in other areas -- and I'm sure happens here, grandma and grandpa now own this big farm and they have worked hard and they have put their kids through school and they are now a doctor that lives someplace else and they are not coming back to run the farm and their kids aren't going to run -- their grand children aren't going to run the farm and the only way they are ever going to retire is to sell it to a developer, who is going to want greater density. And so I do think we need to get some input from the development community as well. I didn't feel that was represented at this meeting. We certainly are asking the right people the right question, but I think we need to ask more people as well and not that I want to start a competition or a fight between different factions, but I just think we need a combination of different inputs would make it a comprehensive plan. De Weerd: And I would just add to that in terms transitional, you know, this might be the way it is today, but is there in 20 years a different view on it. And, then, I would go to city services serving -- what part of this are we going to bring water and sewer to, what might have their own systems, and what is the cost. Because that's -- certainly people are going to have to be aware if they want to live in that area and they want to live with those kind of land designations, what that means. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: And, you know, they worked on these on 40 acre chunks and I think if we would have done this exercise many years ago, looking at Eagle and Ustick Road, for example, when it was all farmland and people saying, oh, yes, let's keep this rural because it's farm houses and not knowing what happens with road expansions, because people -- that's hard to see. But at the same time dealing with 40 acre chunks and they say, oh, all this can be retail or mixed use or all agriculture, you know, you look at that intersection of Eagle and Ustick and with the Lowe's and Kohl's and -- and, really, that's about five to ten acres on each corner. And, then, as you go inside of that it's single family homes and there is some apartments and different things like that. So, there is -- it's -- I want to make sure people are aware that along major intersections, along major highways, there is going to be development that, yes, the vast majority might be something else, but there is going to be these strips or areas Meridian City Council March 13, 2012 Page 47 o 52 that developer -- and I think Councilman Zaremba has a good idea -- have their eyes on and have ideas that -- how they need to see that developing and what they can do with it and I think it's good to get that perspective and maybe incorporate that in and I guess that comes under the no surprises rule or people as they see other ideas and how other folks view it, that gives them a better idea of that, oh, okay, I see what they mean and that makes sense. That's going to be a major intersection carrying this much traffic. Who wants to have a single family home right there on that corner. So, just something to keep in mind as instructions are given that, you know, this is 40 acres, but, you know, this type of development only takes five acres and a strip along here and it could very well have that along that road. So, maybe something to keep in mind. De Weerd: And I think, Caleb, one of the discussions that Bruce and I have had is in terms of the fields district and how you equated some of that to be similar down here. Where it is similar down here those are going to be permanent. An employer is not going to come in and do -- do something that in 20 years they are going to be encroached on and so, again, looking at -- is this a transitional land use, is it -- or is it permanent. Hood: And, Madam Mayor, I can ask -- I can ask that question or make sure that when the participants on the 22nd did this exercise they were thinking long term., We asked them to. But were they really thinking build out of the city when they did this exercise. So, I think we can get that confirmation from them that there is some heritage aspect or whatever, even if their kid that's gone off and has a professional practice somewhere else, you still see some value for the community to have that heritage, the farming. You know, that's Meridian. It shouldn't all be single family homes, because Meridian -- you know, maintaining a dairy farm for ever and ever is maybe what is best for the community. I'm not saying that -- that it is, but certainly there are some implications, because this going to go -- eventually, hopefully, in our future land use map on the comp plan and that's all we are going to plan for. And there are implications to that with providing services. It's going to be very very difficult costly in 20 years to go we got that wrong and now we want that to be single family homes, because all of your pipes leading up to the wastewater treatment plant have been sized to not accommodate that. So, decisions that are made over the next year in this area will have long-term implications. Some of that I think is good, but you need to make sure you understand what you're doing as you go through that process that decisions made today will certainly affect what happens 25, 30 years when development pressures are here, because they -- they will come. I mean we will build this way for sure, it's just if we don't have any way to provide services -- if you don't have the fire flows, you can't give those commercial facilities, so -- somebody else may provide those services and that's, again, a discussion for maybe another day, but -- but certainly that -- we will need some clarification from folks that they were thinking longer term and not a transitional use, but there are far reaching implications to what we are doing with this project, so -- Rountree: Madam Mayor? Meridian City Council March 13, 2012 Page 48 o 52 De Weerd: Mr. Rountree. Rountree: Caleb, are you going to incorporate the information that COMPASS just gathered in a similar exercise that was countywide -- or, actually, two countywide, but they got down to fairly -- much smaller details than this one is and I know the group I worked with did a fair amount of work in the Kuna to Meridian area in terms of what they anticipated ought to be out there and it wasn't necessarily the homeowners, it was developers that did constitute a pretty good cross-section and that was the Meridian area and I suspect the Boise area and the Canyon county area also looked at the two county area and made land use suggestions. So, I would think you would want to incorporate that as a -- as another layer or two or three or four. I think there were eight tables. Hood: And three workshops. Rountree: And three workshops. So, however many times three. The other thing is is that if, in fact, people feel strongly that this a heritage thing -- and I heard that at this meeting, that there were people that were -- if it's not this, it's going to be a park, and I think there was one individual that said I'm going to make sure that that happens. And they can if they want to do deed restrictions, but that's something that they have to do personally that we can't necessarily encourage, but if people really feel that strongly about this they can through legal means pretty much prescribe what those uses are going to be in the future. I think between the two you have got -- you have got a whole bunch of -- essentially, no cost information that came out of a COMPASS exercise. Hood: Yeah. And just to answer your question, yeah, I have a meeting with Carl Miller on Thursday afternoon. I'm not exactly sure what they have compiled, what results, what indicators they are going to report back, I have a meeting with them to talk about land uses in Meridian anyway. So, I'm not quite sure what all he has -- he set it up, not me. Rountree: Yeah. Hood: But certainly I will look for that information to provide. I don't know what format it's going to be in just yet, but I have got a note to somehow bring into this process, so -- Rountree: And you might want to take that back to the folks in the next meeting, that -- Hood: Yeah. Rountree: Here is your -- here is work done by a whole bunch of other folks that don't necessarily have a property in this area. Hood: That's a good idea. Meridian City Council March 13, 2012 Page 49 0 52 De Weerd: Okay. Hood: Thank you. Thank you for all those comments. I'm almost done here. So, next steps. So, we will continue to evaluate service plans for this area. Again, for not having it, you know, preferred alternative yet, we have this hybrid alternative, but we will continue to work on service plans for this area. We have that workshop on April 3rd. It's going to be in conference room A and B right before your regularly scheduled meeting, so, hopefully you all can attend. We have the agenda planned to go until 7:00. We would hope to be wrapped up by then and we may have some finishing things that we need to take care of. But if you can attend for at least a portion of that before your meeting on the 3rd that would be appreciated. Planning and Zoning Commission will also be there. We will do similar scenarios trying to include COMPASS's presentation for this area, present the PAG's recommendation and, then, we will have comment sheets, too, so people can either leave comments at the time or take it back with them. We will have a similar comment sheet up on our website, so you can go in there and leave comments as well. There is a two question survey and, then, just an open-ended comment or two. I also do need to give some time to the Airport -Overland extension. I have heard from a few residents down there, concerns over the preferred alternative. I mentioned to you before we kicked this process off I wanted to adopt that -- part of that study in whole or in part as part of the comp plan sort of with this effort, put a line on our future land use map or in our plan somehow and that's still the plan. I'll give a brief presentation overview on the corridor study. We have had a public involvement process. That's not why we are here is to talk about Airport -Overland, but I do at least want to give, you know, a little bit of acknowledgement to that study and I will allow people to include it on the comment sheet, too, if they have comments about that let us know about it, that's great. I also just want to let Council know at this point with that Airport -Overland Road study -- and our comp -- comp plan in general, it's a guide, it's not a blueprint. So, even if we adopt an alignment for study as those parcels develop, we can look at what makes sense and where it makes sense for Overland to go, as long as it connects A to B and it's an arterial roadway, it doesn't have to be an exact location that's called out on the study. So, that's where, hopefully, we can head off some of the concerns that I have heard if we say it's a general alignment. We need a plan to extend this over. It's development driven and as development occurs we will get that extension and it's not a prescribed right of way necessarily. So, I just wanted to let you know I'm bringing that up, but I'm not, hopefully, going to dwell on that. We can't spend the time dwelling on that on the 3rd, so -- and, then, ACHD and COMPASS are doing some model runs and we will report some of the roadway impacts from those scenarios. So, those are -- that's my presentation for today and I will stand for -- actually, sorry, I have one more bullet on there. We do envision, then, a third workshop in May and that's really just the fine tuning, the last minute additions, also looking at, again, potential locations for parks, schools, pathways and any other things that maybe we hadn't got through in this meeting. So, with that, Madam Mayor. De Weerd: Thank you. Council, anything further on this item? Meridian City Council March 13, 2012 Page 50 o 52 Rountree: No. Bird: I have nothing, Mayor. De Weerd: Okay. Thank you, Caleb. Zaremba: Thanks. H. Legal/Fire/Planning Departments: Amendment to Ordinance No. 12-1505 to Allow Additional Sign on Fireworks Stands De Weerd: Our next item is Item H and it's under our legal department. Nary: Thank you, Madam Mayor, Members of the Council. This is one final minor clean up of our fireworks ordinance. De Weerd: Easy for you to say Nary: This is to clarify -- there was disconnect between the application on how signs were applied or allowed. In the past we allowed two signs and an additional temporary sign that presumably would always be on the -- on the stand, but they are not always on the stand. So, we wanted to make it clear you can have two signs on the property and one sign on your stand to identify your business and so this just clarifies that. The last iteration said two signs only, it was implied that the one on your stand wasn't really a sign, didn't think that would be clear enough, so we wanted to make sure that it's clear, two signs on the property, one sign on your stand. Hoaglun: Madam Mayor, just -- De Weerd: Mr. Hoaglun. Hoaglun: I appreciate this clean up. I just happened to be out on the highway that heads to Notus, you get off the interstate there, and Rocky Mountain Fireworks is there and their signs are -- or their stands are painted with a sign on part of the paint job, so it's not a separate sign, so that we didn't want them -- if they wanted -- if they are on a corner lot, two signs out there, then they'd have to cover up their -- their paint job or something and that didn't make any sense. So, I think this is a good change. De Weerd: Okay. Anything further on this item? Bird: I have nothing. Item 9: Ordinances A. Ordinance No. 12-1505A: Meridian Fireworks Ordinance Update Meridian City Council March 13, 2012 Page 51 o 52 De Weerd: Okay. Under Item 9-A, under ordinance -- Ordinance No. 12-1505A. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1505A. An ordinance amending Meridian City Code Section 5-4-5 regarding permit for retail sales of nonaerial common fireworks, amending Meridian City Code Sections 5-4-60 and 5- 4-6P regarding signs and standards related to fireworks operation. Amending Meridian City Code Sections 5-4-71, 11 through 13, regarding signage for short-term storage containers, amending Meridian City Code Section 5-4-8A, six through eight, regarding prohibitions of discharging fireworks, smoking, or igniting flames near a short-term storage container. Amending Meridian City Code Section 5-4-10B regarding application for a public fireworks display permit. Amending Meridian City Code Section 5-4-10, G through K, regarding application for public fireworks display permit, providing a saving clause and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by tile only. Seeing that there is no one out there who would like to hear it read in its entirety, I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 12-1505A with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 10: Future Meeting Topics De Weerd: Last item is future agenda topics Council? Bird: I have nothing. Rountree: I have none. Anything for future agendas from De Weerd: Hearing none I would entertain a motion to adjourn. Meridian City Council March 13, 2012 Page 52 o 52 Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 5:52 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TAMMY DE WEERD ATE APPROVED ATTEST: !Aa N \ 5 AL rde Meridian City Council Meeting DATE: March 13, 2012 ITEM NUMBER: 4A PROJECT NUMBER: ITEM TITLE: Approve Minutes of February 21, 2012 Pre Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 13, 2012 ITEM NUMBER: 4B PROJECT NUMBER: ITEM TITLE: Approve Minutes of February 21, 2012 City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 13, 2012 ITEM NUMBER: 4C PROJECT NUMBER: ITEM TITLE: Approve Minutes of February 28, 2012 City Council Meeting MEETING NOTES 1;ymy�-j Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 13, 2012 ITEM NUMBER: 4D PROJECT NUMBER: TEC 12-001 ITEM TITLE: Final Order for Approval: Seyam Subdivision by Ronald W. VanAuker Located North Side of E. Franklin Road, Approximately 1,200 Feet East of Eagle Road Request: Time Extension Approval on the Preliminary Plat for Seyam Subdivision in Order to Obtain the City Engineer's Signature on the Final Plat MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 13. 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Recreational Pathway Easement for ICON Credit Union MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Date: March 1, 2012 To: City of Meridian Planning & Zoning Attn; Sonya Watters Subject: ICON Credit Union Overland Branch — Pedestrian Easement Enclosed are the following items: No. 1 I 1 I Pedestrian Easement Documents (Original - Executed) I Sonya — Please find the enclosed executed pedestrian easement for the ICON Credit Union — Overland Road branch. Please call me if you should have any questions. These are transmitted: ❑ Foryour ❑ Foraction ❑ Forreview% ❑ For your use ❑ As requested files specified above and approval Enclosure(s) cc: Sincerely, Erickson-Civilr Inc. Ross K. Erickson, P.E. Project Manager 6213 N. Cloverdale Road, Suite 125 Boise, Idaho 83713 T.208.846.8955, F.208.846.8956 If enclosures are not as noted, please notes us atone. ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ; BOISE IDAHO 03114/12 01:39 PM DEPUTY l Garrett RECORDED 81REQUEST OF III IIIIIIIIII�I�IIII�II�I�II�II�II III Meridian City 112023312 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this --0 day of MArrh 2012 between ICON CREDIT UNION hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee'; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway i described herein; and mprovements upon the easement i' NOW, THEREFORE, the Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated herein. The easement hereby granted is for the purpose of providing public recreational pathway easements for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. ITIS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and Possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: John Cotner, Executive Vice President 7615 W. Riverside Drive Boise Idaho 83714 Address ge Weber, Corporate Secretary STATE OF IDAHO ) ) ss County of Ada ) On this I_ day of V1 A nS 20Il., before me, the undersigned, a Notary Public in and for said State, personally appeared John Cotner and Paige Weber, known or identified to me to be the Executive Vice President and Corporate Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTARY P?J7BLIC FOR IDAHO Residing at L2:u Commission Expires: _l 0 q D I GRANTEE: CITY OF MERIDIAN Tammy j eerd, Mayor"T"DAb��S J TJ CP City of E IDIAI` .... Attest by 6dycee L. Holman, City Clerk SEAL Approved By City Council On: 17/ 01 SEAL TAF, Vab•� STATE OF IDAHO ss County of Ada On this 1-3 day of 20 1 Z) , 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. "one, •�c-lC AJp�,• 7 P ; 4Re Y P IC FOR ID HO g at: _ } Qijl I I� • Commission Expires:�Q n t♦ rn I Ll Legal Description Public Pedestrian Easement - EXHIBIT A - An easement being located in the NW '/, of the NE '/, of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northeast corner of said Section 24, from which a brass cap monument marking the northwest corner of the NE '/< of Section 24 bears North 89°47'20" West a distance of 2618.71 feet; Thence North 89°47'20" West along the northerly boundary of said Section 24 a distance of 1309.37 feet to a point marking the northeast corner of said NW'/< of the NE 1/4; Thence leaving said northerly boundary South 0043'57" West along the easterly boundary of said NW'/<a distance of 48.00 feet to a point along the southerly right-of-way of West Overland Road, also being the POINT OF BEGINNING; Thence continuing along said easterly boundary of said NW 1/4 South 0°43'57" West a distance of 198.77 feet to a point; Thence leaving said easterly boundary of said NW '% North 89047'50" West a distance of 8.00 feet to a point; Thence North 0043'57" East a distance of 142.15 feet to a point; Thence North 29047'50" West a distance of 17.16 feet to a point; Thence North 0012'10" East a distance of 41.76 feet to a point along the southerly right-of-way of West Overland Road; Thence continuing along said southerly right-of-way South 89°47'50" East a distance of 17.10 feet to the POINT OF BEGINNING. This parcel contains 2,027.01 square feet (0.047 acres) and is subject to any other easements existing or in use. Ross K. Erickson, PE Erickson Civil, Inc. February 24, 2012 1/4,3 24 PUBLIC PEDESTRIAN EASEMENT EXHIBIT -B I NORTH I N 894720" W W. OVERLAND ROAI 0 25' 50' 100' N 89° 47'50" W , PUBLIC PEDESTRIAN OF BEGINNING S 00 43'57" W 198.77' Name: Standard : 1 North: 715697.3999' Segment #1 . Line Course: SO' 43' 57.25"w North: 715498.6461' Segment #2 . Line Easment sketches-Sidewalk.txt East: 2472528.7541' Length: 198.770' East: 2472526.2127' Course: N89° 47' 49.75"w Length: 8.000' North: 715498.6744' East: 2472518.2128' Segment #3 . Line Course: NO' 43' 57.25"E North: 715640.8108' Segment #4 . Line Length: 142.148' East: 2472520.0302' Course: N29" 47' 49.75"w Length: 17.159' North: 715655.7012' East: 2472511.5033' Segment #5 . Line Course: NO* 12' 10.25"E Length: 41.760' North: 715697.4610' East: 2472511.6512' Page 1 Easment sketches-sidewalk.txt segment #6 . Line Course: 589° 47' 49.75"E Length: 17.104' North: 715697.4004' East: 2472528.7551' Perimeter: 424.940' Area: 2027.01 Sq. Ft. Error Closure: 0.0012 Course: N61° 44' 54.22"E Error North: 0.00055 East: 0.00102 Precision 1: 354117.500 Page 2 Meridian City Council Meeting DATE: March 13, 2012 ITEM NUMBER: 4F PROJECT NUMBER: ITEM TITLE: Sanitary Sewer Main Easement with Viper Investments, LLC for the Construction and Maintenance of the Pine Trunk Sewer Line MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN- Public D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd Engineering Technician II DATE: March 1, 2012 Mayor Tammy de Weerd CRY Council Membowss Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: SANITARY SEWER MAIN EASEMENT WITH VIPER INVESTMENTS, LLC FOR THE CONSTRUCTION AND MAINTENANCE OF THE PINE TRUNK SEWER CONNECTER (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve the Sanitary Sewer Main, Temporary and permanent Easements with VIPER INVESTMENTS, LLC for the construction and maintenance of the Pine Trunk Sewer Connecter; and 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS John Boyd, (Project Manager)...................................................................489-0347 Clint Dolsby, Assistant City Engineer........................................................489-0341 Warren Stewart, Engineering Manager.......................................................489-0350 Tom Barry, Director of Public Works.........................................................489-0372 Page 1 of 2 IV W VI. DESCRIPTION A. Background The proposed Public Works project consists of constructing a connecting segment of the Pine Trunk Sewer Connector between Pine Avenue and the Fuller Park sewer lines and the removal of the Moshers Farm and Merrywood Lift Stations. It will be approximately 1,400 feet along the Ten Mile Creek, west of Ten Mile Road and north of the future Pine Avenue. The sewer main is being constructed outside a presently dedicated Right of Way and therefore requires an easement to allow future access and maintenance of the sewer main once it is constructed. B. Proposed Easements The proposed easements will allow Public Works Staff to access the sewer trunkline area for maintenance or repairs once it has been constructed. IMPACT A. Fiscal Impact: Easement Costs: The easement costs between the City of Meridian and Viper Investments, LLC are as follows; Permanent Easement - $3,000.00 and; Cash compensation of $1,000.00 (for fine grading, replanting, and maintenance of the temporary casement area); The total easement cost of $4,000 is to be paid upon receipt of the executed easement documents; Project Funding Account Code 3590-95000 TIME CONSTRAINTS $4,000.00 A. Council's approval of the agreement is critical for the construction of the new sewer line. The sewer trunkline cannot be constructed within the present recorded easement. LIST OF ATTACHMENTS A. Sanitary Sewer Main Approved for Council Agenda: with Exhibits A, A-1, B and B-1 3 z - Da Approved for Council Agenda: Tom Bar=age2 orks Director Date ADA COUNTY RECORDER Christopher 0. Rich AMOUNT .00 I BOISE IDAHO 03/14112 01:39 PM DEPUTY D-RIIl IIIIIII�II'IIIIIIIIIIIIII'II IIIIII RECORDED-REEQUESUES T OF I 112023311Meridian Ci ry SANITARY SEWER EASEMENT THIS INDENTURE, made this I 3__dayof t` ­i ycA_, , 2012, by the undersigned Viper Investments LLC, who maintain a mailing address of PO Box 369, Meridian, ID 83680, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Broadway Avenue, Meridian, Idaho 83642, hereafter referred to as "GRANTEE". WITNESSETH: WHEREAS, the GRANTOR desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by the GRANTEE; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTOR, and other good and valuable consideration, the GRANTOR does hereby give, grant and convey unto the GRANTEE the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS A, A-1, B, AND B-1) The permanent easement hereby granted is for the purpose of construction and operation ofa sanitary sewer line, together with maintenance, repair and replacement at the convenienceof the GRANTEE, with the free right of reasonable access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire upon completion of the sanitary sewer line. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the GRANTEE, its successors and assigns forever. PINE CONNECTOR SEWER TRUNKLINE SANITARY SEWER EASEMENT, Page 1 of 4 ITIS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the ( GRANTOR shall have the right to use and improve the easement area for uses which do not interfere with the use of the said easement or the purposes stated herein. Such uses shall include, but not be limited to landscaping that is coordinated with the GRANTEE, ingress, egress, driveways, roads, parking, temporary storage, farming, pathways and utility extensions. The GRANTOR does hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, perennial shrubs or flowers within the area described for this easement that would interfere with the use of said easement, for the purposes stated herein. The GRANTOR agrees to the following in return for the easements described in EXHIBITS A, A-1, B, and B-1: D Cash compensation in the amount of $3,000.00 for the permanent easement; Cash compensation in the amount of $1,000.00 for fine grading, replanting, and maintenance of the temporary easement area; D Total compensation in the amount of $4,000 to be paid upon receipt of the executed easement documents; ➢ The permanent easement area will be rough graded and surfaced with a gravel ballast section suitable for future paving. Future paving shall be the responsibility of the GRANTEE upon development of the property for use as a public pathway; ➢ The existing fencing shall be retained and protected to the greatest extent feasible. Any fencing removed to accommodate construction shall be replaced with identical materials in its present location upon the completion of construction; D Temporary fencing shall be installed and maintained for the duration of the construction at the margin of the temporary easement. Said temporary fencing shall be to delineate the construction zone from the pasture. It is assumed that livestock will not be present in the pasture during construction; ➢ The temporary easement area shall be entirely cleared of all imported materials including rock and construction debris and rough graded to match adjoining grades. It shall be the sole duty of the GRANTOR to fine grade and replant said area. THE GRANTOR hereby covenants and agrees with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no farther effect and shall be completely relinquished. THE GRANTOR hereby covenants with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawfid right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first herein above written. PINE CONNECTOR SEWER TRUNKLINE SANITARY SEWER EASEMENT, Page 2 of 4 GRANTOR: President, Viper In its C Secretary, Viper Investments LLC STATE OF IDAHO) ) SS County of Ada On this -7"tll day of N6a24I.F , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared c Oresi ( adnn -mid Knownor identified to me be the President4m3 SUMOM9, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my -official seal the day and year first herein above written. 1 _ Kol?�'. NOTARY PUBLIC FOR IDAHO ;cn ; Residing at: n�( Commission Expires: ! e PINE CONNECTOR SEWER TRUNKLINE SANITARY SEWER EASEMENT, Page 3 of GRANTEE: Cl1'Y OF MERIDIAN Tammy deWzferd. Movor Approved By City Council Oa: STATE OF IDAHO ) ) ss County of Ada ) On this1� day of2012, 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, Ihavehereunto setmyhand and affixed myofficial seal the day and year first above written. TA�'� N ARYPUB CFORID O •�; "'N' Residingat: Mt %A\SAV- In Commission Expires•. '--JA n N , 2 O1 o: PINE CONNECTOR SEWER TRUNKLINE SANITARY SEWER EASEMENT, Page 4 of 4 — 'Oa 3lIW N31 HINON o _ — — — v n y O � /.W +wI/a x./a xlu —`—civ va Z m F N w W co I I I I 1 I Va T w N / vd l ID go / W Z w ' o a 11) OD w !4 it 3 d 1 cc—,4z ' 1 0 Z uzS N LO I I w OZ h by �_ Va I I I 1 I I 7 d I I I I 1 I V, ^O W p ro / M W Z w ' o a 11) OD w !4 it 3 d 1 cc—,4z ' 1 0 Z uzS U W I I w I Va �_ Va I I I 1 I I 7 d I I I I 1 I 1 W M w z J IO } J 3 J Z WO Z 0 K O W F W z z LU w ri 00 0 2 W w Z F a N m K 0 a� W O W llilil a IJ V IV1 C3wJM W Of Z Z Z 0 1— VIN X X R W W O D (] a w w w 0 to 0 0 W W I I I a Q �m cr gwZ N� 0hu W U 5� N �1i (J•U J•11.0 ENGINEERS, INC. Project: 10-11-098 ExhibitA-1 Date: 3/07/2012 Sewer Easement J -U -B COMPANIES ©I "M OM ®I MAPPING MOUP IMC. A 20 -Foot wide easement situated in the southeast quarter of the northeast quarter of Section 10, Township 3 North, Range I West, Boise Meridian, Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the southeast comer of the northeast quarter of Section 10, Township 3 North, Range I West, Boise Meridian; Thence N890 10'58"W, 105.00 feet along the south line of the southeast quarter of the northeast quarter of Section 10 to the north right-of-way line of West Pine Avenue and the west right-of-way line of North Ten Mile Road; Thence N53000'09"E, 28.85 feet along the north right-of-way line of West Pine Avenue and the west right-of-way line of North Ten Mile Road to the POINT OF BEGINNING: Thence N000273 "W, 111.59 feet; Thence N49040'1 0"W, 7.39 feet; Thence N65036'44"W, 441.21 feet; Thence N67006'02"W, 271.22 feet; Thence N67005158"W, 85,73 feet; Thence N66014'1 011W, 355.14 feet; Thence N72050'1 2"W, 63.77 feet; Thence N85007'22"W, 57.31 feet; Thence N04052'3 81113, 20.00 feet to the south line of the Ten Mile Stub Drain easement; Thence S85007'22"E, 59.46 feet along the south line of the Ten Mile Stub Drain easement; Thence 572050'12"E, 67.08 feet along the south line of the Ten Mile Stub Drain easement; Thence S66014'10"E, 356.15 feet along the south line of the Ten Mile Stub Drain easement; Thence 567005'58"E, 85.58 feet along the south line of the Ten Mile Stub Drain easement; Thence S67006'02"E, 271.48 feet along the south line of the Ten Mile Stub Drain easement; Thence S6503644"E, 444.27 feet along the south line of the Ten Mile Stub Drain easement; Thence 549040'10"E, 19.35 feet along the south line of the Ten Mile Stub Drain easement; Thence S00027'3I "E, 105.93 feet to the north right-of-way line of West Pine Avenue and the west right-of-way line of North Ten Mile Road; Thence 553000'09"W, 24.89 feet along the north right-of-way line of West Pine Avenue and the west right-of-way line of North Ten Mile Road to the POINT o OF BEGINNING. 11 The above-described easement contains 0.64 acres, more or less. J $/ y�2 < of Page 1 of 1 ygFl c —,A #A —,A—" Mx '08 31IN N31 H1NON 4A A" My Mx —r Va Va 1 � I I 00'OS 3,B£,Zs —'Va 1 _ — O V) z i j � I ♦ �_ Q I 1 ♦ z�_--- , w IL Va— M O � r W 1, _N V)_ _ O _ Zj� o V) N O�N- N..�?.�—Lu�i. _ u ., 0 M k� M N O z O 00 M Ory I n y/o O(0 N 00� 7. =fp LJ w z OS P � K W � z m0�O .9,6 > O N Z O F z w N 4 N z Q 000 Ir / / p C3 �n � f (Li / / •My rye.. y- . 7 / w � Ifo Izw- 2fO N i j � I ♦ �_ Q I 1 ♦ z�_--- , w IL Va— M O � r W 1, _N V)_ _ O _ Zj� o V) N O�N- N..�?.�—Lu�i. _ u ., 0 M k� M N O z O 00 M Ory I n y/o O(0 N 00� 7. =fp LJ w z OS t>1 X0_t0 W Q JLU Lu �W g go LL w U }}0 �s L m N W O TO F P � K W � z m0�O .9,6 00 z O N Z O F i) Z w N I ----W- Va � I 1 o I L 1 1 1 I I I I I 1 I Ia I � I I w � t>1 X0_t0 W Q JLU Lu �W g go LL w U }}0 �s L m N W O TO F w z r oP� z LLJ w r Z CZE } J '� z offs W r 7 V) U za o Z O w w zo on 7 M r w O r`° m' z w w of d IL' V) F- VI O z z 7 cr z W _z o w M O /i -i ti 3 z a (n Q W< a w 5-< OU m p w Iwil vi I w w w t>1 X0_t0 W Q JLU Lu �W g go LL w U }}0 �s L m N W O TO F t (J'lll-B J•U•S ENGINEERS, INC. Project: 10-11-098 Date: 3/07/2012 J -U -B COMPANIES p I THNanoN ® OWAZA GROUP IIRC. Exhibit B -I Temporary Construction Easement A 50 -foot wide easement situated in the southeast quarter of the northeast quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the southeast comer of the northeast quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian; Thence N8901 0'58"W, 105.00 feet along the south line of the southeast quarter of the northeast quarter or Section 10 to the north right-of-way line of West Pine Avenue and the west right-of-way line of North Ten Mile Road, the POINT OF BEGINNING: Thence continuing N89010'58"W, 26.83 feet along the south line of the southeast quarter of the northeast quarter of Section 10; Thence N0002713111W, 98.46 feet; Thence N65°3644"W, 414.78 feet; Thence N67006'02"W, 270.57 feet; Thence N67005158"W, 86.11 feet; Thence N66014'10"W, 352.64 feet; ThenceN72050112"W, 55.51 feet; i Thence N85007'22"W, 51.92 feet; Thence N04052'38"E, 50.00 feet; Thence S85007'22"E, 57.31 feet; Thence S72050'12"E, 63.77 feet; Thence S66014'10"E, 355.14 feet; Thence S67005'58"E, 85.73 feet; Thence S67006'02"E, 271.22 feet; Thence S6503644"E, 441.21 feet; Thence S49040'10"E, 7.39 feet; Thence S0002713I "E, 111.59 feet to the north right-of-way line of West Pine Avenue and the west right-of-way line of North Ten Mile Road; Thence S53000'09"W, 28.85 feet along the north right-of-way line of West Pine Avenue and the west right-of-way line of North Ten Mile Road to the POINT OF BEGINNING. The above-described easement contains 1.57 acres, more or less. Page 1 of 1 a 2505. Beechwood Avenue, Suite 201 Boise ID 83709 p 208-376-7330L 208-323-9336 w wwwluo.com Meridian City Council Meeting DATE: March 13, 2012 ITEM NUMBER: 4G PROJECT NUMBER: ITEM TITLE: Approval of Beer, Wine & Liquor Licenses for 2012-2013 Ultra Touch Car Wash 835 E. Fairview Ave. Beer Pinnacle Sports Grill 2902 N. Eagle Rd. Beer/Wine/Liquor Ling & Louie's 3210 E. Louise Dr. Beer/Wine/Liquor Sa-wad-dee 1890 E. Fairview Ave. Suite B Beer/Wine/Liquor MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Beer, Wine & Liquor License Renewals for 2012-2013 Approval by City Council on Tuesday; March 13th, 2012 DBA LOCATION B/W/L Ultra Touch Car Wash 835 E. Fairview Ave. B Pinnacle Sports Grill (rest) 2902 N. Eagle Rd. B/W/L Ling & Louie's (rest) 3210 E. Louise Dr. B/W/L Sa-wad-dee (rest) 1890 E. Fairview Ave. Suite B B/W/L Meridian City Council Meeting DATE: March 13, 2012 ITEM NUMBER: 4H PROJECT NUMBER: ITEM TITLE: Approve Task Order 10238b for "Meridian WWTP RAS Conveyance System Reconfiguration" to CH2M HILL for the Not -To - Exceed amount of $219,850.00.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Manager CC: Jacy Jones, Clint Dolsby Date: 318112 Re: March 13 City Council Agenda The Purchasing Department respectfully requests that the following item be placed on the March 13th City Council Consent Agenda. Reconfiguration for the Not -To -Exceed amount of $219.850.00. This Task Order is issued pursuant to the Master Agreement dated December 6, 2011. Recommended Council Action: Approve of Task Order 10238b to CH2M HILL for the 1 Not -To -Exceed amount of $219,850.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 E IDIAN- Public D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, P.E. Assistant City Engineer Mayor Tammy de Weerd City Council Membeetr Keith Bird Brad Hoaglun Charles Rountree David Zaremba DATE: February 27, 2012 SUBJECT: TASK ORDER #10238b FOR THE RETURN ACTIVATED SLUDGE BASIN AND RE -PIPING FINAL DESIGN AND BID DOCUMENTS WITH C112M HILL FOR A NOT TO EXCEED AMOUNT OF $219,850 PURSUANT TO THE MASTER AGREEMENT APPROVED BY CITY COUNCIL APRIL 13, 2010 I. RECOMMENDED ACTION A. Move to: 1. Approve Task Order 102.38b with CH2M HILL for the return activated sludge basin and re -piping final design and bid documents, for a not -to - exceed cost of $219,850. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background The City of Meridian wastewater treatment plant periodically experiences mixed liquor settleability problems due to the excessive growth of Microthrix Parvicella (MP) in their secondary process which diminishes secondary clarifier capacity. Page I of 3 Plant staff controls settleability by reducing the solids retention time (SRT) to less than four days, thereby wasting MP from the process at the cost of wastewater plant capacity. A total nitrogen (TN) effluent concentration of 15 mg/L is required for Class A reclaimed water which is difficult to obtain at this low SRT. B. Proposed Project CH2M HILL will provide engineering services for the final design documents to reroute the return activated sludge to the Aeration Basins through a denitrification basin in an effort to inhibit the growth of microthrix and promote the effectiveness of the fermentation process. Inhibiting the growth of microthrix will in turn provide more reliable removal of nitrogen and increase the capacity of the secondary treatment system to the rated plant capacity. Without this project, the wastewater plant will continue to experience microthrix caused settleability issues which increases our vulnerability to NPDES permit violations in our pending permit and could impact our ability to deliver reclaimed water. Additionally, the fermentation process will be less effective without the denitrification basin. C. Consultant Selection CH2M HILL was chosen for this project due to their expertise in the design and analysis of wastewater treatment plants and their familiarity with the Meridian Wastewater Treatment Plant, ferementation and microthrix. IV. IMPACT A. Strategic Impact: This project will help to work towards the strategic objectives to increase efficiencies at the Wastewater Treatment Plant and investigate alternative methods of wastewater treatment to reduce nitrogen and phosphorous loadings into our receiving stream. B. Service/Delivery Impact: Improving the efficiency of the operation of the biological treatment processes will increase the secondary treatment capacity of the wastewater treatment plant. This will provide operational flexibility for the biological phosphorus removal processes in the aeration basins. C. Fiscal impact: Proiect Costs Consultant Agreement Total Cost Page 2 of 3 $219,85 $219,850 Project Fundine Wastewater Consulting (3590-96101) $825,000 Total Funding $825,000 VI. TIME CONSTRAINTS Council's approval will allow this project that will enable the final design for this critical project at the wastewater treatment plant to be completed this spring and construction to begin in the late spring or early summer of this fiscal year. VII. LIST OF ATTACHMENTS A. Task Order No. 10238b. Department Approval: Page 3 of 3 3/7 TASK ORDER NO. 10238b Under the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND CH2M HILL (ENGINEER) This Task Order Is made this 131h day of March, 2012 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", and accepted by CH2M HILL, hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 2A) between the above mentioned parties dated December 6, 2011. The Project Name for this Task Order 10238b is as follows: Meridian WWTP RAS Conveyance System Reconfiguration BACKGROUND! PROJECT OVERVIEW This Project will implement changes to the current Return Activated Sludge (RAS) conveyance system from the existing Secondary Clarifiers 4 and 5 to the existing Secondary Pump Station (SPS). The current RAS conveyance system allows for the RAS to gravity flow from Secondary Clarifier 4 and 5 to the SPS (located immediately upstream of the aeration basins) with free discharge into the SPS receiving chamber. The free discharge of the RAS into the SPS receiving chamber is one source of air entrainment at the SPS which promotes growth of the nuisance microthrix. This RAS Piping Reconfiguration project will reduce the amount of air being entrained at the SPS by discharging the RAS directly into the four existing aeration basins under anaerobic conditions. The RAS will be discharged with equal distribution to each of the four existing aeration basins. The current RAS conveyance system shall be reconfigured to add a new submersible pump station that will convey the RAS directly to the aeration basins. The new submersible pump station will be constructed within the existing abandoned (empty) Secondary Clarifier Basin 2 through which the existing RAS piping is currently located. The new wetwell will be designed to be constructed within the existing concrete basin by removing a portion of the existing basin floor, excavating to the proper depth, and constructing the new base and vertical walls. This design will additionally enhance phosphorous removal within the existing aeration basins by adding a pre -anoxic denitrification process to the new RAS pump station welwell. The denitrlfication zone shall be designed with mechanical mixers to accommodate approximately 50,000 gallons of volume. Approximately 10 -percent of the primary effluent will need to be conveyed from the receiving chamber of the SPS to the new pre -anoxic denitrification basin to promote the denitrification process. Flow control will be added to the existing WAS piping to enable monitoring and control the amount of WAS sent to the two DAFT systems. A new flow control vault(s) with actuated flow control valves will be designed in the paved area between the abandoned Secondary Clarifier Basin and the SPS. Construction is currently being performed to upgrade the Secondary Clarifier 3, which includes a new individual RAS pump station and pressure pipe. The new RAS pressure pipe for Secondary Task Order 10238b Page 7 of 11 Meridian WwrP RAS Conveyance Syslem Reconriguralion Clarifier 3 has been designed to be sliplined through the existing 14 -inch diameter RAS pipe under the SPS with discharge into the SPS receiving chamber. This new pressure pipe will be re- designed to discharge into the pre -anoxic denitrification basin along with the RAS from Secondary Clarifiers 4 and 5. The re -design and re-routing of the new secondary clarifier 3 will be included as part of this RAS Conveyance System Reconfiguration project by CH2M HILL. CH2M HILL is currently engaged in delivering a separate task order for fermentation system improvements. The two projects will be coordinated with the goal of reducing redundancy in piping and discharge flow control where possible. However, early discussions indicate that the VFAs may need to be introduced into the aeration basins independent of the RAS to ensure that the VFAs are available to the phosphate -accumulating organisms (PAOs) in the aeration basins, and not consumed by nitrifiers present in the RAS. PROJECT EXECUTION APPROACH CH2M HILL will prepare a series of work packages for City advertisement and ultimately contractor Incorporation. Engineering discipline design and work package development will occur concurrently and follow independent timelines. The following describes the work packages that are anticipated: Work Package Description A Equipment procurement package that will be prepared by CH2M HILL to allow the City to solicit for pre -purchase of major equipment that will be owner - furnished for installation by a general contractor selected from Work Package B. Major equipment anticipated is submersible pumps, pump control panels and electrical equipment, and mechanical mixers. B A construction work package will be issued for competitive bidding by Idaho - licensed contractors. This work package will include 100% complete design bid documents. SCOPE OF WORK—KEY ASSUMPTIONS 1. This Scope of Work does not include services during construction or equipment automation / integration into the plant's control system. This will be a future task order. 2. Workshops and work product City review meetings will be held at the WWTP. The design will be based on the federal, state, and local codes and standards in effect on the date of the authorization to proceed. Any changes in these codes may necessitate a change in scope. The design work does not include modifying existing facilities to bring them up to current codes. 4. No environmental or sensitive areas permitting work is anticipated to be necessary for this project and none is budgeted. If any investigation and remediation of possible hazardous waste, asbestos, lead paint or other types of contamination is necessary City shall execute those tasks or assign them to Consultant via contract amendment. 5. DC Engineering, Inc. will be a subcontractor to CH2M HILL for electrical engineering services. Task Order 10238b Page 2 of 11 Meridian W WTP RAS Conveyance System Reconfiguration 6. . Geotechnical engineering design criteria will be based on review of historical geotechnical investigation reports that have been prepared for previous WWTP projects in close proximity to this project. The City will provide hardcoples and/or digital copies (Word or PDF format) of historical geotechnical investigations performed for previous WWTP projects for use by CH2M HILL geotechnical engineering staff to prepare design criteria for this project. It Is assumed that the conditions are known to an adequate depth to make estimates of settlement and bearing resistance. Subsurface geotechnical exploration(s) will not be performed as part of this project 7. The City Purchasing Department will be responsible for administering bid solicitations for equipment pre -purchase procurement(s) and general construction contractor selection. CH2M HILL will provide the City with technical specification sections including General Requirements (Division 01). CH2M HILL standard master specifications will be used as the basis for technical specifications, including CH2M HILL standard Division 1 documents. The specifications for the project will be the current 49 division version of CH2M HILL's master specifications. The City will be responsible for producing Division 00 specification sections including Procurement Requirements and Contracting Requirements. 8. Submission of sealed plans, technical specifications, and other support documents as required by required by Section 420 of IDAPA 58.01.16 -Wastewater Rules will occur as part of the completion of Work Package B. 9_ The City will be responsible for document reproduction services. CH2M HILL has not included budget to cover the expense of reproduction costs for any of the work products and/or deliverables denoted in this Task Order. 10.This scope of work includes permitting review by DEQ only as required by IDAPA 58.01.16 - Wastewater Rules. No other permitting requirements are included or budgeted as part of CH2M HILL services and will be performed by the City. If requested, CH2M HILL will include additional permitting services as part of a contract amendment. 11.Any Cost opinions or project economic evaluations provided by CH2M HILL will be on the basis of experience and judgment, but because CH2M HILL has no control over market conditions or bidding procedures, CH2M HILL cannot warrant that the bids, ultimate construction cost, or project economics will not vary from these opinions. SCOPE OF WORK — PROJECT TASKS The critical project phases, along with other critical support responsibilities, are divided into the following major execution tasks: • Task 1 — Project Initiation and Management • Task 2 — Quality Assurance / Quality Control • Task 3 — Project Chartering and Site Visit • Task 4 — Preliminary Engineering • Task 5 — Design and Work Package Preparation 5a — Work Package A Preparation Task Order 102386 Page 3 of 11 Meridian W WTP RAS Conveyance Syslem Reconfiguration 5b — Design and Work Package B Preparation f Task 6 — Bid and Award Phase Services for Work Packages A and B A list of the anticipated drawings that will be produced by the design team as part of Task 5 activities is included as Attachment A to this Task Order. Each task is described in more detail below. Task 9 — Protect Initiation and Management CH2M HILL will provide the resources necessary for project initiation and management throughout this phase of the project, including: • Scoping, contract review/execution, and project accounting setup. • Prepare a Health & Safety Plan for onsite work activities and obtain staff endorsement. • Prepare a Quality Management Plan for work tasks and ensure adherence by Team project staff, • Supervise and manage design team project staff for execution of work tasks. • Provide contract administration and oversight of project subconsultant(s). • Project documentation and coordination. • Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion. Coordinate with and provide periodic updates to the City's Project Manager. • Monitor project activities for potential changes, anticipate changes when possible, and with City approval, modify project tasks, budgets, and approach. • Prepare and submit monthly billing with a brief description of the work completed during that billing cycle. • Manage the quality control review of all work activities and project deliverables. Identify senior technical staff for the various technical disciplines and oversee the adherence to the plan during the execution of the work tasks. Deliverables • Periodic written project design schedule updates to keep the City's Project Manager informed as to the changes to the initial schedule outlined in this Scope. • Monthly project invoice statements with a brief description of the work performed. Task 2—Quality Assurance/Quality Control An internal QA/QC review for each phase of the project will be performed by senior reviewers in the disciplines represented on the Project. Comments will be documented and categorized into major, minor, and preferential comments. Comments will be responded to by CH2M HILL design team members and adjudicated prior to each deliverable being submitted to the City or IDEQ. Task Order 10238b Page A of 11 Meridian W WTP RAS Conveyance System Reconfiguration The QA/QC process will be defined by the Team in a Quality Management Plan (QMP) that will include the following major components: • Definition of Key Project team member and their role in the Project, • Definition of the Project core technologies, • Identification of the Project Quality Manager, • The Team staff member responsible for quality control for each discipline used in the Design, and • The milestone dates for each discipline review. Task 3 — Proiect Chartering and Site Visit CH2M HILL will lead a project chartering session with the City, the CH2M HILL design team leads, and other project stakeholders. Chartering is a structured process used to guide the project team through defining itself in terms of its purpose, critical success factors, goals, roles and responsibilities, operating guidelines, and other elements that give the team clarity of purpose essential for high-quality performance. The agenda for the project chartering session may include the following: • Introduction of stakeholders and team counterparts • Further review of the key performance indicators (KPls) discussed initially as part of scope development • Review execution strategy, the 2 planned work packages, and expected level of detail • Review schedule and agree on key milestones • Define roles and responsibilities between team members • Review the decision making process to allow timely decisions at the lowest appropriate level. Establish decision making protocol • Communications and reporting — (meetings, reports, SharePoint site) • Budget— agree on capital budgets for each work package • Change management process • Agree on how the chartering document will be used and monitored throughout the execution of the project • Review project design criteria Following the project chartering session, the design team leads will conduct a site reconnaissance visit to observe field conditions, obtain photographs, gather data / dimensions of key elements, and begin to formulate solutions to the design challenges. Deliverables • Draft Chartering Document provided to City PM as a PDF for distribution. Updated Chartering Document based on comments / revisions agreed to during the chartering session provided to City PM as a PDF for distribution. Task Order 10238b Page 5 of 71 Meridian WVVTP RAS Conveyance System Reconliguralion Meetings • One project chartering session as described Assumptions • Project chartering session will be conducted at the earliest date possible following City -issued Notice -to -Proceed that accommodates project stakeholders schedule demands. The session will be performed at the WWTP meeting room. Up to 9 members of the design team will participate in the project chartering session either in person or via telephone. The meeting is not anticipated to extend beyond 2 hours. • CH2M HILL PM and City PM will be responsible for coordinating scheduling of the meeting with key participants within their respective organizations. The City PM is responsible for identification and participation of key City personnel within the Public Works Department, Purchasing Department, etc. and other project stakeholders critical to the success of the project. Up to 8 members of the design team will participate in the site reconnaissance visit, which is not anticipated to extend beyond 2 hours. Task 4 — Preliminary Engineering CH2M HILL will perform preliminary engineering on portions of the project critical to defining the overall design approach and establishment of major equipment performance criteria. As part of the preliminary engineering, CH2M HILL will prepare concept drawings depicting the overall design approach. CH2M HILL will provide the City with digital versions (PDF, 11"x17') of the. conceptual drawings for review and endorsement. CH2M HILL will prepare a Class 3 construction cost estimate based on the draft concept drawings developed as part of this task concurrent with the City and internal design team QC reviews. As required by Section 411 of IDAPA 58.01.16 -Wastewater Rules, CH2M HILL will prepare a Preliminary Engineering Report (PER) to document the proposed upgrade to the WWTP. The PER will include the concept drawings, design criteria, and other relevant information as required by DEQ. CH2M HILL will provide the City with a draft PER for review and endorsement prior to submission to DEQ. CH2M HILL will schedule a meeting with DEQ to coincide with submission of the PER to discuss the project with DEQ staff in an effort to determine potential complications with proceeding with subsequent work package development. Deliverables • Summary of design and equipment performance criteria (Criteria Summary) • Draft drawings of the overall design concept (Draft Concept Drawings) • Class 3 construction cost estimate • Revised drawings of the overall design concept following receipt of City review comments (Revised Concept Drawings) • Draft Preliminary Engineering Report • Revised Preliminary Engineering Report following receipt of City review comments for t submission to DEQ Task order 102386 Page 8 of 11 Merldion WWTP RAS Conveyance System Reconflgura0on Meetings • One review meeting with the City project team and up to 7 design team members to discuss t concept drawings and overall design approach. The meeting is not anticipated to extend beyond 3 hours. • One project introduction meeting at DEQ to be attended by 2 design team members. Assumptions • The deliverables produced as part of this Task will be provided electronically (PDF) to the City PM for distribution. The City will review the Criteria Summary, Draft Concept Drawings, and Draft Preliminary Engineering Report and provide comments within three days of receipt of the drawings. The City review comments will be consolidated into one document and transmitted electronically to CH2M HILL. The internal QA/QC review of the Criteria Summary, Draft Concept Drawings, and Draft Preliminary Engineering Report by design team senior reviewers will be performed concurrently with the City review. Comments received internally and by the City will be jointly addressed to produce the Revised Concept Drawings and Preliminary Engineering Report. Conflicting review comments will be resolved between reviewers by the affected discipline lead(s). Task 5 — Desian and Work Package Preparation The design team will advance the designs and prepare the three work packages as described in the following subtasks. 5a — Work Package A Preparation The design team will identify the major equipment that is recommended for pre -purchase by the City to expedite the design and construction phases of the project. Schedule reduction during the design phase will be realized once the equipment is selected and the design can then be performed around the actual equipment rather than a more general design. City pre -purchased equipment will also eliminate the chance of having to modify construction plans later if alternative equipment were to be proposed by the general contractor, thus reducing potential construction delays. Additionally, the overall construction period of performance can be reduced by having equipment with long order lead times on site and available to the general contractor for installation earlier than waiting for the general contractor to initiate the purchase. Following Task 4, CH2M HILL will develop the performance based technical specification sections to include with the City -led procurement solicitation package. As stated above, the major equipment anticipated for inclusion in Work Package A is submersible pumps, pump control panels and associated electrical equipment, and mechanical mixers. Deliverables • Draft Technical Specifications, pertinent Division 01 through Division 49 sections, for review by City Final Technical Specifications following review by City Task Order 10238b Merldlan W WTP RAS Conveyance System Reconfiguration Page 7 of 11 Meetings None t Assumptions The deliverables produced as part of this Task will be provided electronically (PDF) to the City PM for distribution. The internal QA/QC review of the Criteria Summary, Draft Concept Drawings, and Draft Preliminary Engineering Report by design team senior reviewers will be performed concurrently with the City review. Comments received internally and by the City will be jointly addressed to produce the Revised Concept Drawings and Preliminary Engineering Report. Conflicting review comments will be resolved between reviewers by the affected discipline lead(s). Drawings or details will not be included as part of Work Package A. 5b — Design and Work Package B Preparation Following completion of Task 4 Preliminary Engineering, the design team will engage in advancing the designs for the concrete combination pre -anoxic denitrification basin / RAS pump station wetwell and the mechanical yard piping. The purpose of this design effort will be to produce Work Package B bid documents that shall include: • 100% Complete construction drawings and technical specifications Final Work Package B products will be provided to the City for administration of the competitive bid solicitation process to select a qualified general contractor. CH21VI HILL will prepare a Class 1 construction cost estimate based on (90%) construction drawings and technical specifications and the Preliminary Engineering Report (Task 4). The cost estimate will be prepared after revisions to the draft documents have been incorporated. Deliverables • Draft (90%) Work Package B drawings, technical specifications, and construction cost estimate for City review • Final (100%) Work Package B drawings and technical specifications Meetings One project check-in meeting with the City project team and up to 4 design team members to discuss development of Work Package B Assumptions • The deliverables produced as part of this Task will be provided electronically (PDF) to the City PM for distribution. • The City will review the Draft Work Package B deliverables and provide comments within three days of receipt of the work products. The City review comments will be consolidated into one document and transmitted electronically to CH21VI HILL. • The Internal QA/QC review of the Draft Work Package B by design team senior reviewers will be performed concurrently with the City review. Comments received internally and by the City Task Order 10238b Page B of 11 Meridian WWTP RAS Conveyance System Reconfiguration will be jointly addressed to produce the Final Work Package B drawings and specifications. Conflicting review comments will be resolved between reviewers by the affected discipline lead(s). • DEQ review comments to the Task 4 PER submission will be available and incorporated as part of Work Package B, if not captured at a prior development stage. • DEQ review comments to the final construction documents will be incorporated as a separately -issued design clarification by CH2M HILL and City -issued Work Change Directive to the contractor, If necessary. Task 6 — Bid and Award Phase Services for Work Packaaes A and B CH2M HILL will provide bid and award support to the City for each of the work packages as follows: Work Package A: The design team will respond to bidders technical. questions and prepare content for addenda. All bidder questions, responses, and addenda content will be routed through the City Purchasing Department for official issuance to bidders. Although services during construction will be performed under a separate task order amendment, CH2M HILL has included services to review submittal information from the selected suppliers to confirm that the proposed equipment meet the requirements in the technical specifications. Work Package B: The design team will respond to technical inquiries posed by prospective bidders throughout the bid period concerning interpretation of the drawings and technical specifications. Bidders questions sent to the City Purchasing Department will be routed to CH2M HILL PM and responses returned to Purchasing for inclusion in bid period addenda. The City will review responses by the design team prior to issuance of addenda. The budget for responding to bidders questions is based on an estimated 20 inquiries for a total of 34 hours inclusive of processing time. If requested by the City, CH2M HILL will assist the City by participating in a pre-bid conference for prospective bidders at the project site. The CH2M HILL PM and up to two design leads will attend the pre-bid conference, which is not anticipated to extend beyond 3 hours. It is assumed that Work Package B will be bid once. TIME OF COMPLETION We understand that the City of Meridian will authorize CH2M HILL to Initiate work immediately due to the fast-track schedule of this project. The following estimated task target completion dates are based on the assumption that CH2M HILL will begin work on this Task Order on Monday, March 5, 2012. If the actual start date is delayed from the assumed date, the dates indicated below will shift accordingly. CH2M HILL is committed to performing the work described in this Task Order in an expedient manner in an attempt to meet the performance expectations of the City but is not responsible for schedule delays beyond our control. The estimated target dates indicated below do not constitute a guarantee of task completions. • Task 1 — Project Initiation and Management: March 2012 through June 2012 t • Task 2 — Quality Assurance / Quality Control: March 2012 through June 2012 Task Order 10238b Page 9 of 11 Meddlan W WTP RAS Conveyance System Roconfigumllon Task 3 — Project Chartering and Site Visit: March 6, 2012 • Task 4 — Preliminary Engineering: April 10, 2012 • Task 5 — Design and Work Package Preparation 5a — Work Package A: April 24, 2012 5b — Design and Work Package B: May 31, 2012 • Task 6 — Bid and Award Phase Services for Work Packages A and B: May 2012 through June 2012 COMPENSATION CH2M HILL will be compensated on an hourly basis for each task, up to but not exceeding the amounts shown below. Task Task 1 — Project Initiation and Management Task 2 — Quality Assurance / Quality Control Task 3 — Project Chartering and Site Visit Task 4 — Preliminary Engineering Task 5 — Design and Work Package Preparation Task 6 — Bid and Award Phase Services for Work Packages A and B Total FY 2011-2012 $13,500 $950 $7,250 $61,600 $125,850 $10,700 $219,850 The Not -To -Exceed amount for this Task Order No. 10238b is $219,850.00 (two hundred nineteen thousand eight -hundred fifty dollars. The hourly rates for services and direct expenses are per the Master Agreement and by this reference made a part hereof. No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule. Task Order 10238b Page 10 of 11 Meridian W WTP RAS Conveyance System Reconrigurallon CITY OF MERIDIAN BY: L�LG TAMMY de) RD, MAYOR Dated: - 3 ` 1.3 - a Approved by Council: a SEAL Purchasing Approval BY: t, KUT-wWATT8 asing Manager Task Order 10238b Meridian W WTP RAS Conveyance System Reconfiguration CH2M HILL BY: Dated: DATE: Approval Page 11 of 11 CITY OF MERIDIAN BY: . TAMMY de WEERD, MAYOR Dated: Approved by Council: Attest: JAYCEE L. HOLMAN, CITY CLERK Purchasing Approval BY: KEIT ATTS, Purchasing Manager Task Order 10238b Merldlan WWTP RAS Conveyance System Reconfigurallon CH2M HILL BY: Dated: el 2 Department Approval BY: =� NAME: Rtcil UCES TITLE: DLeUr,-( ALIZ, P W DATE:_ Page 11 of 11 Attachment A Meridian W W rP RAS Conveyance System Reconfiguration 2/ls/2012 Anticipated Sheet List for Budget Development Type Description Count General Cover w/ Vicinity Map and Sheet Index 1 Standard Abbreviations 1 Standard Symbols 1 Overall Flow Plan Schematic 1 Hydraulic Profile 1 ESCP / Demolition General Notes 1 Erosion and Sediment Control Plan 1 Erosion and Sediment Control Details 1 Site Demolition 1 Yard Piping Demolition 1 Demolition Sections and Details 1 Yard Piping /Site Civil - GeneralYardPlping/Site Civil Notes 1 Mechanical Yard Piping Plan 1 Mechanical Yard Piping Sections 1 Site Grading and Restoration Plan 1 Yard Piping Details 1 Site Civil Details 1 Structural General Structural Notes 1 Special Inspection Notes 2 HAS Pump Station Plan 1 RAS Pump Station Section 1 WAS Flow Control/Meter Vault Plan and Section 1 Structural Standard Details 4 Mechanical General Mechanical Notes 1 RAS Pump Station Plan and Section 2 Exst Aeration Basin Discharge Piping Plan and Sections 1 WAS Flow Control/Meter Vault Plan and Section 1 Mechanical Details 2 Electrical General Electrical Notes, Symbols, and Legend 1 Electrical Site Plan 1 RAS Pump Station Plan t Panel Schedules 2 One -Line Diagrams 1 Electrical Details 1 Instrumentation & Control General l&C Notes 1 P&ID - Pump Station 1 MID - RAS Flow Control 1 MID - WAS Flow Control 1 I&C Descriptions 1 Total Sheet Count: 4S Meridian City Council Meeting DATE: March 13, 2012 ITEM NUMBER: 41 PROJECT NUMBER: ITEM TITLE: Award of RFP and Agreement for "Meridian Police Station Retro -Commission" for the Not -To -Exceed amount of $120,000.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Manager CC: Jacy Jones, Jeff Lavey, Pete Friedman Date: 3/8/12 Re: March 13 City Council Agenda The Purchasing Department respectfully requests that the following item be placed on the March 13u' City Council Consent Agenda. Award of RFP and Agreement for "Meridian Police Station Retro -Commissioning" to Clima-Tech Corporation for the Not -To -Exceed amount of $120,000.00. This Agreement is the result of formal RFP #POL-12-6007-10189 issued 12/20/201 and opened 1/9/2012. Three proposals were received and evaluated. Recommended Council Action: Approve of Agreement for Meridian Police Station Retro -Commissioning to Clima-Tech Corporation for the Not -To - Exceed amount of $120,000.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES MERIDIAN POLICE STATION RETRO -COMMISSIONING PROJECT # 6007-10189 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 019 day of February, 2012, 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 Clima- Tech Corporation, hereinafter referred to as "CONTRACTOR", whose business address is 875 W McGregor Ct. #180. Boise, ID 83705 and whose Public Works Contractor License # is C -10307 -AA -4. INTRODUCTION Whereas, the City has a need for services involving Meridian Police Station Retro -Commissioning; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, ( terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a Meridian Pollce Station Rolro-commissioning Project page 1 of 16 Project No. 6007-10189 royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $120,000.00. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Per the Davis Bacon Act requirements of the EECBG Grant, weekly certified payroll reports must be submitted to the City of Meridian. 2.4 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to Meridian Police Station Retro -commissioning Project page 2 of 16 Project No. 6007-10189 consideration in the form of overtime, health insurance benefits, 1, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) August 15, 2012 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have until August 15, 2012 to complete the work as described herein. Contractor shall be liable to the City for 100% of the Contract value for any delay beyond this date. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 3.5 WORK SCHEDULE: All work must be completed between the hours of 6 a.m. — 4 p.m., Monday — Thursday, unless prior authorization is received in writing and mutually agreed upon by both parties. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Meridian Police Station Retro -commissioning Project page 3 of 16 Project No. 6007-10189 Agreement by giving written notice to CONTRACTOR of such termination ( and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. 4.2 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become Its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.3 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be ( acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. Meridian Poke Station Retro -commissioning Project page 4 of 16 Project No. 6007-10169 6. Indemnification and Insurance: 6.1 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 CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its emDlovees. CONTRACTOR shall maintain. and snerifiraliv minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, In the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal Injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. Meridian Police Station Retro -commissioning Project page 5 of 16 Project No. 6007-10189 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: Contractor must warrant the project per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 9. 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 City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-888-4433 CONTRACTOR Clima-Tech Corp. Attn: Marcus Bonn 875 McGregor Ct., #180 Bolse, ID 8370 Phone: 208-377-9755 Email: marcusb@clima-tech.com Idaho Public Works License # 0 -10307 -AA -4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. Meridian Police Station Retro -commissioning Project Project No. 6007.10189 page 6 of 16 10. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and. Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, Meridian Police Station Retro -commissioning Project page 7 of 16 Project No. 6007.10189 records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 16. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be Incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. Construction and Severability: If any part of this Agreement is held to be Invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the partes and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor Meridian Police Station Retro -commissioning Project page 8 of 16 Project No. 6007-10189 shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. 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. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. 27. EECBG GRANT REQUIREMENTS: This project Is being funded by an Energy Efficiency and Conservation Block Grant. The Davis -Bacon Act applies to this project and it is the responsibility of the Contractor to comply in all aspects of the law. This contract, will be subject to HUD - 4010 Federal Labor Standards Provisions attached hereto as "Attachment C" and made a part hereof. Paragraph 2 on page 2 of 5 of HUD -4010 states that the City may withhold payment to Contractor for failure to pay wages when due. Davis -Bacon requires wages to be paid not less often than once a week. All subcontractors and any lower tier subcontractors are subject to the same Davis -Bacon Wage requirements as the general contractor. 28. Background Checks: As part of the requirements of this contract and before performing any work or being admitted to secure areas of the Police Department, the contractor, subcontractors, and all employees working on this project will be required to pass a criminal background check. Meridian Police Station Retro -commissioning Project page 9 of 16 Project No. 6007-10189 CITY OF MERIDIAN CLIMA-TECH CORPORATION BY: TAMMY de WEERD, MAYOR. )cnn%���ohti3e v Gw '. ..007 of fly f eo'17mgS Approved by Council: Attest: JAYCEE L. HOLMAN, CITY CLERK Purchasing pproval BY: KEITH ATT , P casing Manager Meridlen Police Station Retro-commissloning Project Project No. 6007.10189 Dated: �3 Xg //a PEE: nt Approval TITLE IA, U&AAV1X4A V' DATE: G page 10 of 16 CITY OF MERIDIAN BY: TAMMY de WE D, MAYOR CLIMA-TECH CORPORATION B� rnli �nn:Fl��SohnSo.v�� r Dated: 3 13 - -)-o I ;)- Dated:_ �3 /a AR 4bni'nx% Meridian Police Station Retro -commissioning Project page 10 of 16 Project No. 6007-10189 Attachment A SCOPE OF WORK REFER TO REQUEST FOR PROPOSAL TO RFP POL-12-6007-10189 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Request for Proposal Package # POL-12-6007-10189, are by this reference made a part hereof. Meridian Police Station Retro -commissioning Project page 11 of 16 Project No. 6007.10189 Attachment B MILESTONE ! PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $120,000.00. Contract includes furnishing all labor, materials, equipment, and incidentals as required for the MERIDIAN POLICE STATION RETRO -COMMISSIONING per RFP-POL-12-6007-10189 TASK DESCRIPTION AMOUNT A. Project Initialization — Permits & Bonds $8,900.00 B. Project Initialization — Retro-Commissloning Coordination $6,000.00 C. HDR Retro -Commissioning Contract $7,000.00 D. Lighting Occupancy Sensor and Exterior Lighting Control — Sub Contract $11,600,00 E. Project Initialization -- Initial Controls Construction Drawings $4,000.00 F. Control System Materials Delivered and Stored $23,000.00 G. Control System Installation $29,800.00 H. Control System Software Engineering $1,800.00 Control System Commissioning $7,100.00 J. Mechanical Systems Work (see notes below) $18,100.00 K. Project Close -Out Operation and Maintenance Manuals $2,700.00 TOTAL $120,000.00 Pricing Includes all costs, including Travel and Expenses. Monthly Billings will be based on percentage of each Mllestone/rask completion. Mechanical System Work Includes: Rooftop Equipment Checkout Economizer Repairs (up to 5 total) Fire Damper Repairs (up to 5 total) - Adjust Branch Circuit Air Flow Add Exhauster Ducting from Main Floor RR Travel expenses, If applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Meridian Police Station Retro -commissioning Project Project No. 6007-10189 page 12 of 16 ATTACHMENT C HUD — 4010 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Previous editions are obsolete form HUD -4010 (06/2009) ret. Handbook 1344.1 Applicability The Project or Program to which the construction work covered by this contract pertains Is being assisted by the United States of America and the following Federal Labor Standards Provisions are Included In this Contractpursuant to the provisions applicable to such Federal assistance. A.1, (1) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not lose than those contained In the wage delerminaton of the Secretary of Labor which Is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs Incurred for more than a weekly period (but not fess often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or Incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe beneflls on the wage determination for the classification of work actually performed, without regard to skill, except as provided In 29 CFR 5.5(x)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rale specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the lime spent In each classification In which work Is performed. The wage determination (Including any additional classification and wage rates conformed under 29 CFR and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where It can be easily seen by the workers. (ft) (a) Any class of laborers or mechanics which Is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an addlllonal classificatlon and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification Is utilized in the area by the construction Industry; and (3) The proposed wage rate. Including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained In the wage determination. (b) Il the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or Its designee agree on the classification and wage rate Qncluding the amount designated for Fringe benefits where appropriate), a report of the action taken shall be sent by HUD or Its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, at an authorized representative. will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or Its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be employed In the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or Its designee shall refer the questions, Including the views of all Interested parties and the recommendation of HUD or IIs designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time Is neceasary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rale (Including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(11)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work Is performed In the classification. (tit) Whenever the minimum wage rale prescribed In the contract for a class of laborers or mechanics includes a hinge benelll which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated In the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (hr) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated In providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside In a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or Its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which Is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, Including any apprentice, trainee or helper, employed or working on the elle of the work, all or part of the wages required by the contract, HUD or Its designee may, after written notice to the contractor, sponsor, applicant, or owner, lake such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, Meridian Police Station Retro -commissioning Project page 13 of 16 Project No. 6007.10189 disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements In the case of direct Davis -Bacon Act con tracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (Including rales of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described In Section I(b)(2)(B) of the Davis -bacon Act), dally and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(Iv) [hat the wages of any laborer or mechanic Include the amount of any costs reasonably anticipated in providing benefits under a plan or program described In Section I(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain rewrite which show that the commitment to provide such benefits is enforceable, that the plan or program Is financially responsible, and that the plan or program has been communicated In willing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost Incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (IQ (a) The contractor shall submit weekly for each week In which any contract work Is performed a copy of all payrolls to HUD or Its designee II the agency is a party to the contract, but if the agency is not such a party, the wntraclor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for. transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(I) except that full social security numbers and home addresses shall not be Included on weekly transmittals. Instead the payrolls shall only need to Include an Individually Identilying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll Information may be submitted in any form desired. Optional Form WH -3471s available for this purpose from the Wage and Hour Division Web site at httpYlwww.dol.govlesalwhdt7ormalwh347lnstr.him or Its successor site. The prime contractor Is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or Its designee If the agency Is a party to the contract, but it the agency Is not such a parry, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or Its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. Il is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be awompanied by a "Statement of Compliance; signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the Information required to be provided under 29 CFR 5.5 (e)(3)(11), the appropriate Information is being maintained under 29 CFR 5.5(a)(3)(i), and that such Information Is correct and complete;(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or Indirectly, and that no deductions have been made either directly or Indirectly from the full wages earned, other than permissible deductions as set lorth in 29 CFR Part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified In the applicable wage determination Incorporated Into the contract. (c) The weekly submission of a properly executed ceditfcation set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compllance" required by subparagraph A.3.(t1)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (fit) The contractor or subcontractor shall make the records required under subparagraph A.3.(I) available for Inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to Interview employees during working hours on the job. If the contractor or subcontractor falls to submit the required records or to make them available, HUD or Its designee may, atter written notice to the contractor, sponsor, applicant or owner, lake such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment actlon pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Off co, or if a person Is employed In his or her first 90 days of probationary employment as an apprentice In such an apprenticeship program, who Is not Individually registered In the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site In any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at en apprentice wage rate, who Is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess ofthe ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor Is performing construction on a project In a focality other than that In which Its program Is registered, the ratios and wage rates (expressed In percentages of the Journeyman's hourly rale) specified in the contractor's or subcontractors registered program shall be observed. Every apprentice must be paid at not less than the rale specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified In fhe applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid In accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Sewlces, or a State Meridian Police Station Retro -commissioning Project page 14 of 16 Project No. 6007-10189 Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program Is approved. (11) Trainees. Except as provided In 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rale for the work performed unless they are employed pursuant %to and Individually registered In a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on [he job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than The rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rale specified In the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there Ia an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less then full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rale who Is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less Than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site In excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees al less than the applicable predetermined rate for the work performed unlll an acceptable program Is approved. (Iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be In conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracis the clauses contained In subparagraphs 1 through 1 f in this paragraph A and such other clauses as HUD or Its designee may by appropriate Instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower ger subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses In this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided In 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and Interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of [his contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor sat forth In 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause Include disputes between the cantractar (or any of its subcontractors) and HUD or Its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (t) Certification of Eligibility. By entering Into this contract the contractor certifies that neither It (nor he or she) nor any person or lirm who has an interest in the contractor's firm Is a person or firm Ineligible to be awarded Government contracts by virtue of Section `- 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (if) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate In HUD programa pursuant to 24 CFR Part 24. (lit) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides In part: "Whoever, for the purpose of. .. Influencing In anyway the action of such Administration..... makes, utters or publishes any statement knowing the same to be false...,. shall be lined not more than $5,000 or Imprisoned not more than two years, or both" 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or In any other manner discriminated against by [he Contractor or any subcontractor because such employee has filed any complaint or Instituted or caused to be instituted any proceeding or has testified or is about to testily in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safely Standards Act. The provisions of this paragraph B are applicable where The amount of the prime contract exceeds $100,000. As used In this paragraph, the terms' laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or Involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic In any workweek In which the Individual Is employed on such work to work In excess of 40 hours In such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -halt times the basic rate of pay for all hours worked In excess of 40 hours In such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth In subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (In the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each Individual laborer or mechanic, Including watchmen and guards, employed in violation of [he clause set forth In subparagraph (1) of this paragraph, In the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek at 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon Its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to salisly any liabilities of such Meridian Police Station Retro -commissioning Project page 15 of 16 Project No. 6007-10189 contractor or subcontractor for unpaid wages and liquidated damages as provided In the clause set forth In subparagraph (2) of this ! paragraph. l (4) Subcontracts. The contractor or subcontractor shall insert In any subcontracts the clauses set forth In subparagraph (1) through (4) of this paragraph and also a clause requiring the subconlraclors to Include these clauses In any lower liar subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safely. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work In surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safely as determined under construction safely and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result In imposition of sanctions pursuant to the Contract Work Hours and Safely Standards Act, (Public Law 91-54, 83 Stet 96). 40 USC 3701 at seq. (3) The contractor shall Include the provisions of this paragraph In every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete. Form HUD -4010 (06-2009) ref. Handbook 1344.1 Meridian Police Station Retro -commissioning Project page 16 of 16 Project No. 6007-10189 Meridian City Council Meeting DATE: March 13, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Public Works Environmental Division: Meridian Joins Regional Partnership to Leverage Resources for Environmental Public Education MEETING NOTES P,97P 0 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 13. 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Kleiner Park Update MEETING NOTES J Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION D DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS \\/� \»°2 2 \� � � . y\. : /j, / .o\ �� � \K« .� �\ \�f\�\\: ��� \ �� �� 2?` /�� � ����� � � � \� »��:�:» } . w > + y.. . 2, � \� . a�d » � � .� � ƒ �:. � » ;� � 2 � ���<'2\?\ z�«<2 :.Q iz /\7 »�§ � � /� f° OMI N.,:N N N �-. .-.:-..Ai-- �- .-. �- .-� r• i-+ �0 00 �l O\ V� A W. N. F+ V v ISI I .F f ,ft. 4F , `X f y t � ed 4 o� tig�Y' V 6� o0 ON' hn p®� UJ ® p�Vl ® Lk) O y �� I J U � CD ® V C) ® ® C0 L w PD (D lD fD O - t� � w r O O Olr l -7 ® 0) (D fD r+ rD PD N ®h Cn CD � Q " � (D rD rt fi (D _ < ®° (DrD (D ®o° i C) (D �. i IL CD 0 � r+ r t z v El II��C�\Jif IIIA/\�i_ IIIII/ uQ I cn77 IIIIIIIIIIIi%/� ji:; go (D eaflVa C II��C�\Jif IIIA/\�i_ IIIII/ I III�I ��llli �; iii;: IIIIIIIIIIIi%/� ji:; El I 2 ■ E � � � �� Ln LA /0 - ¥ y. # < ca f - - \ # 0Ln � \ # 40 .: y- > '.-J \ \ « / r �} 0 « t » Co ,. ■ « j :32. a \ \ » o \ z A 1 n_ r� z, 1 r PPP I��*{ #trvi f Meridian City Council Meeting DATE: March 13, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved from Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 13, 2012 ITEM NUMBER: 8A PROJECT NUMBER: ITEM TITLE: Continued from March 7, 2012: Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS beheftting • Ma rld law M C Mador's Youth AdVtsord OouwalL C%/ E IDIAN*-- IDAHO For more information contact Luke Cavener at 489-0535 Meridian City Council Meeting DATE: March 13. 2012 ITEM NUMBER: PROJEIC'Tl NUMBER: ITEM TITLE: Resolution No. a - �l '1rL A Resolution Approving the Transfer of the Franchise Agreement to Perform Solid Waste Collection and Disposal Services from Sanitary Services Corporation, Inc. to Republic Services MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES - INITIALS CITY OF MERIDIAN RESOLUTION NO. l '0'ILI BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, APPROVING THE TRANSFER OF FRANCHISE AND ASSIGNMENT OF THE FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sanitary Services Corporation, hie., formally ]mown as Sanitary Services, Inc. (SSC) owns, operates and maintains a solid waste collection and disposal service in the City of Meridian, Idaho ( the "Franchise Authority"), pursuant to an exclusive Solid Waste Collection and Disposal Services Franchise Agreement ("Agreement"), and SSC is the duly authorized holder of the Franchise; and WHEREAS, SSC has informed the City of its plans to sell its privately held business to Allied Waste Services of North America, LLC, a company wholly owned by Republic Services of Idaho (Republic Services), including the transfer of the Franchise and assignment of the Agreement with the City of Meridian; and WHEREAS, pursuant to Article 15 of the Agreement to Perform Solid Waste Collection and Disposal Services, SSC has the right to assign this Franchise or otherwise transfer it with the express, written approval by the City of Meridian, pursuant to the terms of the Agreement; and WHEREAS, the Franchise Authority has investigated the qualifications of Republic Services and finds it to be a solid waste disposal entity with sufficient experience and financial resources to be a suitable assignee; and WHEREAS, the Franchise Authority confirms that: (a) the Agreement is currently in full force and effect; and (b) SSC is in material compliance with the provisions of the Agreement; and WHEREAS, approval of the transfer and assignment by the Franchise Authority will require Republic Services to continue to perform under the terms and conditions of the Agreement, and to provide those additional services and programs that have been instituted by SSC since the implementation of the Agreement including, but not limited to, the donated services and programs which are listed in the attached Exhibit A and the Addendum thereto. The parties may negotiate future changes, additions, or deletions of the current services and RESOLUTION APPROVING THE TRANSFER OF THE FRANCHISE AND THE ASSIGNMENT OF THE FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICES -I OF 2 programs, providing the value of each program and service is maintained and redistributed accordingly. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Franchise Authority hereby consents to and approves, subject to applicable law, the transfer by SSC of its right, title and interest in the Franchise to Republic Services, and the assignment of the obligations of SSC under the Franchise Agreement to Republic Services, Section 2. That Republic Services will continue to perform under the terms and conditions of the Agreement and to provide those additional donated services and programs which are listed in the attached Exhibit A and the Addendum thereto. Section 3. That the City shall direct any future notice under this Agreement to: Dave Fisher, Idaho General Manager Republic Services of Idaho 11101 W: Executive Drive Boise, ID 83713 208-685-7752 Section 4. That this Resolution shall be deemed effective upon Closing, April 1, 2012. ADOPTED by the City Council of City of Meridian, Idaho this /� day of 12012. Iz Y4 � APPROVED by the Mayor of the City of Meridian, Idaho, this IJ day of 12012. 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Recycling Revenue Fund/HHW Collection Program 2. Christmas Tree Collection —One (1) week (first full week of January after January 1') 3. Fall Leaf Collection —Three (3) weeks (tied to program available at Ada County Landfill) 4. Spring Clean Up —One (1) week (unlimited household and yard waste, but no bulky or construction materials) 5. Reports — Quarterly and annual (date for annual report to be coordinated with City of Meridian Finance Department and Republic Services) 6. Sharps Container Program - Free container and drop off disposal (this program is dependent on Larsen Miller's continued participation) 7. Curbside Motor Oil and Cooking Oil Collection 8. Old Towne—free disposal along Main St (as agreed upon with Chamber of Commerce) 9. Parks—complimentary service available for some City Events 10. MPD/Code Enforcement -Neighborhood Pick Up - One (1) annually (includes only designated area of neighborhood and is limited to 1-2 boxes) 11. Bio -solids Hauling Special Program 12. 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A Q . k � t t � . � k ^ IL » h t t � • CD a) cn w 3 CD CD O O CD 3 CD CD O CD W CQ CD O CD = CD 3 < o O CD CQ O • 0- 0 n X 0 � O Q CD 14 O v O CA) 0 .-j n O � O C CD n ,0 (D CD (n CD (D 0 CD O (SCD O CD 0 CD Li C f -I- CD O O O (D w 0 O cr CD O CD X 5• 5 CD v CD W, rE Q. CD SU Meridian City Council Meeting DATE: March 13. 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Community Development: Update on Meridian's Energy Code Compliance Efforts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 13. 2012 ITEM NUMBER: PROJECT NUMBER: AP 12-001 ITEM TITLE: Continued from March 7, 2012: Appeal for a City Council Review of the Director's Denial of an Accessory Use Permit (AUP 12-001)for a Home Occupation by Lee White Located at 1750 N. Ten Mile Road MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS RECEIVED MAR 0 7 2012 CITY OFc>WiRQgy CITY CLERKS OFFICE (1E IDIAN IDAHO March 13, 2012 MEMORANDUM TO: Mayor and City Council FROM: Pete Friedman, Interim Planning Director(-4r---- CC: irector(4! CC: Bill Nary, Ted Baird, Jaycee Holman Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba RE: White Property Accessory Use Permit (AUP-12-001) March 13, 2012 City Council Agenda Item On March 7, 2012, the City Council identified a list of draft conditions for the White property accessory use permit to be reviewed during the March 13, 2012 Council meeting. Below are the conditions of approval discussed by Council to be included if the subject accessory use permit is approved. 1) No outdoor storage, display or signs in the front yard adjacent to N. Ten Mile Road. 2) Vehicular access to the accessory structure. This is no longer an issue since Staff has obtained a record of survey (ROS 1416) that grants access to Mr. White's property. Staff has included the ROS in your packets. 3) The applicant is allowed one (1) sign per the ordinance not to exceed six (6) square feet in size. 4) The materials currently being stored on the south side of the property (outside of the existing fence and in the front of the accessory building) rmist placed on the subject property and screened from view with a sight obscuring fence six (6) feet in height as set forth in UDC 11-3A-14. The applicant must obtain a fence permit to erect the new 6 -foot fence for the storage area. NOTE: Outdoor storage an accessory to the residential use requires a solid fencing six (6) feet in height. The applicant may store the materials on the north side of the accessory structure which would not require the additional fencing to screen the materials. Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org Page 2 5) The applicant shall connect the accessory structure to main house with a trellis as testified at the public hearing and obtain a building permit to construct said trellis. 6) The finished goods must be displayed on the property behind the fence in the location specified on Exhibit A. All finished goods must be stored away in the evening. 7) The area in front of the accessory building shall be used for required parking for the AUP. No parking shall be allowed within the 25 -foot ingress and egress easement unless Mr. White obtains approval from the adjacent property owner (parcel ff S1202336318). 8) The permit is subject to revocation by the City with thirty (30) days notice and the approval shall cease with a change of ownership of the property. 9) All requirements listed above must be completed by or said approval is null and void. Attachments EZ i m X w Meridian City Council Meeting DATE: March 13, 2012 ITEM NUMBER: 8D PROJECT NUMBER: ITEM TITLE: Community Development: Update on RFQ Process for Contracted Services MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 13, 2012 ITEM NUMBER: $G PROJECT NUMBER: ITEM TITLE: Planning Department: South Meridian Visioning Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS March 8, 2012 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager RE: South Meridian Visioning — Future Land Uses Update March 13, 2012 City Council. Workshop Agenda Item On February 22, 2012 approximately 40 people gathered at Mary McPherson Elementary to participate in the first South Meridian Visioning workshop. Four tables, made up of members from the community, worked to allocate future land use designations throughout the study area (I-84 to Lake Hazel, Linder to McDermott). On April 3`d the City Council, Planning & Zoning Commission and the community will be invited back to review the four land use scenarios as well as the preferred land use scenario recommendation from the Project Advisory Group (PAG). The PAG is made up of agency staff from Nampa, Kona, Ada County, ACHD, Nampa Highway District 91, COMPASS, Central District Health, and City Public Works and Planning. This memo, and Staff s Department Report on March 13t", is intended to summarize the February workshop and prepare the Council for the April 3`d workshop. The ultimate outcome of this visioning process is an amendment to the City's Comprehensive Plan Future Land Use Map. Information on this project, including the four scenarios created during the February 22nd workshop, can be found at: www.meridiancit�org/youarethemap From Four Land Use Scenarios to a Preferred Alternative On March 7`h, the PAG reviewed the four land use scenarios prepared during the February 22"d workshop. After discussion, the PAG agreed to forward on a recommendation for a preferred land use scenario. This preferred scenario is essentially a compilation of the four land use scenarios created during the February workshop, with topography, sewer sheds, ground water quality, existing land uses, and "smoothing" between land uses to follow property lines, waterways and other natural or man-made features being taken into account. During the April 3`d workshop, Staff will present PAG's recommendation and take public comment. Based on public comment received on the 3`d, Staff envisions making some tweaks to the preferred scenario and Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 • Fax 208-888-6854 . www.meridiancity.org Page 2 then uploading that revised scenario to the website for additional public review and comment. A third and final public workshop will be held in May to give one final opportunity to fine-tune the preferred land use scenario before it goes through the public hearing process for adoption in the City's Comprehensive Plan. During the May workshop we also envision allocating some time to discuss potential roadway impacts, opportunities for locating parks and pathways, schools, and any other community amenities. New (potential) p Plan Designation In 2006-2008 when the City attempted to designate future land uses in this area, several current residents/stakeholders expressed a desire for a very low density/rural future land use option. Prior to the first workshop for this project, Parametrix and City Staff created a "Rural Estate" designation. As you will see from the scenarios created in February, this designation was fairly popular with workshop participants. However, this designation has not been totally defined. At this point, the designation essentially represents rural estates/agriculture/hobby farms on large parcels. During the Council's March 13"h workshop, Staff will further explain the intent of this designation and ask for Council's feedback on how to best to go about defining this potentially new designation in the Comprehensive Plan. Water and Sewer A large portion of the Planning Area is within a designated Nitrate Priority Area (see attached map.) The PAG, which includes Public Works Staff from Boise and Kuna as well as Central District Health, have factored in the nitrate issue when recommending future land uses. Also considered by the PAG were sewer sheds, topography, and the location of the Meridian and Kuna wastewater treatment facilities. Based on the scenarios created during the February workshop, and the PAG's recommended scenario, there could potentially be some properties in this planning area that may never have city sewer and/or water service because they lack the minimum density needed to cost-effectively provide services. Public Works Staff will be at the March 13th workshop to discuss some of the options for serving properties in this planning area into the future. Planning and Public Works staff would like to discuss with Council some of the immediate, intermediate and long-term implications of designating rural (or urban) densities in this area as they relate to sewer and water services. Airport -Overland Extension As Council is aware, there was an Airport Road — Overland Road study performed last year. Multiple -agencies participated in this transportation study that worked to define an alignment for the future extension of Overland Road, west of Ten Mile Road. Some residents in the study area have voiced concern over the preferred alternative, 2B. As mentioned to Council before the South Meridian Visioning process started, we envision adopting an alignment for Overland Road concurrently with the future land use Comprehensive Plan Amendment for this area. During the April 3`d workshop, staff will give those present a brief presentation/refresher on the Airport - Overland Study. However, that study will not be the main focus of the workshop; the main public involvement process happened during the transportation study, but there will be additional opportunities to comment on the Airport -Overland Study via comment sheets and the South Meridian project website as well as the public hearings that will occur with the Comp Plan Amendment application. Staff intends to present the preferred alignment (2B) as a guide not a blueprint for reviewing future development applications. As the Study explains, this roadway extension will be development driven. As long as Overland extends west of Ten Mile as an Page 3 arterial with appropriate access management the exact location can be determined as development applications are submitted to the City. Area of Im act Kuna has already annexed some lands within Meridian's Area of Impact (AOI) (see the attached map.) We have asked the public to designate future land uses for these areas. However, one of the outcomes of this visioning and Comp Plan Amendment process would be to amend Meridian's AOI by removing these lands from our AOI. Page 4 Page 5 Meridian City Council Meeting DATE: March 13, 2012 ITEM NUMBER: $F PROJECT NUMBER: ITEM TITLE: Public Works & Purchasing Departments: Award of Change Order No. 2 to Task Order 782 "Ground Water and Wells Compilation" to Hydro Logic, Inc. for the Not -To -Exceed amount of $34,000.00 MEETING NOTES Pfffty-1 a Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Manager CC: Jacy Jones, Kyle Radek Date: 3/8/12 Re: March 13 City Council Agenda The Purchasing Department respectfully requests that the following item be placed on the March 13th City Council Agenda under a Public Works Department Report. Approval of Change Order No. 2 to Task Order 782 "Ground Water and Wells Data Compilation for the Not -To -Exceed amount of $34,000.00. Recommended Council Action: Approve of Change Order No. 2 to Task Order 872 to Hydro Logic, Inc. for "Ground Water and Wells Data Compilation" for the Not -To -Exceed amount of $34,000.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER Change Order No.: 2 Project Number: 782 Date: 3/212012 Effective Dale: CONTRACTOR: Hydro Logic, Inc PROJECT: Ground Water and Wells Data Compilation The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Description: 1} Finish additional 8 more well completion reports not anticipated in original scope. 2) Retrieve drill cuttings from Well 10B. Re-evaluated cuttings and reflect on Well lithology. 3) Complete research on older wells that is not readily available. Reason for Change Order: Several wells were abandoned or constructed since this Task Order was originally created. Information on these new well Is needed to complete the data base. Information on some wells requires additional research not anticipated in the original scope. Re-evaluation of drill cuttings from another consultant's project was not anticipated in the original scope. Attachments: Explanation of Change Order by Ed Squires. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $29,685.00 Original Contract Completion Date: 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 $10,500.00 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: $40,185.00 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $34,000.00 Contract Price with all Approved C.O.'s: Contract Completion Date with all Approved C.O.'s: $74,185.00 RECOMMENDED: (PROJECT MANAGER) ACCEPTED (CONTRACTOR) C Jc:ve.,� By: � By: Ed �tJ�1P�S Date: /1,-Z Dale: APPROVED: (CITY PURCI�SINGEN /��11// DATE APPROVED BY COUNCIL By: Keith Watts �71/ `" w Dale: 3/ S/� 2 Cso�p4Eo APPR.OV/E'D: (CIN) . 3 ATTE . O city 01J � ` !!1�,�� 04" Br B .Mayor Ta de Weerd y"Mayo C ark, J e L. Holman Date: 7 13 _ (� mr $ Date: W 13 r wffB �r ff, Ttr l.S��`v Meridian City Council Meeting DATE: March 13, 2012 ITEM NUMBER: $H PROJECT NUMBER: ITEM TITLE: Legal/Fire/Planning Departments: Amendment to Ordinance No. 12-1505 to Allow Additional Sign on Fireworks Stands MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. 12-1505A BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 5-4-5, REGARDING PERMIT FOR RETAIL SALES OF NONAERIAL COMMON FIREWORKS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-6(0) AND 5-4-6(P), REGARDING SIGNS AND STANDARDS RELATED TO FIREWORKS OPERATIONS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-7(1)(11-13), REGARDING SIGNAGE FOR SHORT TERM STORAGE CONTAINERS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-8(A)(6- 8), REGARDING PROHIBITIONS ON DISCHARGING FIREWORKS, SMOKING, OR IGNITING FLAMES NEAR SHORT TERM STORAGE CONTAINERS; AMENDING MERIDIAN CITY CODE SECTION 5-4-10(B), REGARDING APPLICATION FOR A PUBLIC FIREWORKS DISPLAY PERMIT; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-10(G—K), REGARDING APPLICATION FOR PUBLIC FIREWORKS DISPLAY PERMIT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the regulation of the sale, storage, possession, and discharge of fireworks is within the City's authority under Article 12, § 2 of the Idaho Constitution to establish regulations for the protection of the people's health, safety, and welfare; WHEREAS, the protection of persons and property from unreasonable fire hazards is in the best interest of the City of Meridian; WHEREAS, City staff have identified measures to simplify and clarify the application and inspection process for fireworks permitting in order to save administrative time and costs for both applicants and the City; WHEREAS, the City Council of the City of Meridian finds appropriate circumstances justifying the reasonable variance herein from strict compliance with Idaho Code § 39-2607; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 5-4-5 shall be amended as follows: A. No person, without having a valid nonaerial common fireworks permit issued pursuant to this chapter, shall offer for sale, possess or store for the purpose of sale, sell, cause to be offered for sale, cause to be possessed or stored for the purpose of sale, or cause to be sold nonaerial common fireworks in any manner or for any use or purpose. B. Application for a nonaerial common fireworks permit shall be made to the city clerk in such form and manner as the city clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following: 1. Applicant's name, and and date of biaddresses rth; 2. if operation is a partnership, ear-per-atiefi, or limited liability eofflpaffy, the flaffieS aR e as applieable: FIREWORKS CODE UPDATE PAGE 1 OF 10 .. An «,..a«..«.,. 0�1 v , e. The eompany and its membefs. -3-.2. Physical and mailing addresses of applicant's home and prineipaLplace of business; 4.3. Name and address of applicant's registered agent for service of process; 3:4. Idaho sales tax sell°permitidentification number, if applicable; 5. Applicant's driver's license number and issuing state. 6. Physical address and description of each and every location at which fireworks are to be stored; 7. Dates during which nonaerial common fireworks are to be stored; 8. Physical address and description of any and all locations at which nonaerial common fireworks are to be sold and/or offered for sale; 9. Dates during which nonaerial common fireworks are to be sold and/or offered for sale; 10. A site plan, which shall include a description of: a. Location, type, and dimensions of any temporary fireworks stand and/or short term storage container to be located at the sales site; b. Parking areas; c. Vision sight triangle, if located on a corner; d. Waste receptacles or garbage cansq e. Location and type of electrical source(s): and f. Location and dimensions of signs. 11. Qne-aApplication fee as set forth in the fee schedule of the city clerk's office for each and every operation for which a permit is sought. 12. Fire department and Electrical inspection fees for each and every operation for which a permit is sought. 13. Other inspection and permitting fees as may be applicable. 14. A certificate of insurance providing coverage of up to one hundred thousand dollars ($100,000.00) for personal injury and property damage, underwritten through or by a qualified and duly licensed insurance company or companies doing or authorized to do insurance business in Idaho. C. The city clerk or designee shall direct the Planning, Building, and Police Department to review the application, and shall request that the Fire Chief or designee and the electrical inspector conduct a site inspection at each operation, in order to determine: 1. Whether the proposed operations, activities, and/or uses are in compliance with this chapter and any other applicable laws; and 2. Whether use of such permit by aDDlicant will likelv endanger the health. safety. and/or welfare of persons or probe FIREWORKS CODE UPDATE PAGE 2 OF 10 D. Applications Complete applications for nonaerial common fireworks permits authorizing the permittee to sell nonaerial common fireworks during the summer sales period or during the winter sales period shall be filed with the city clerk on or before April 15 June 1, or the next business day if such date falls on a nonbusiness day. F -.E. A separate application shall be filed for each and every operation and location at which nonaerial common fireworks are to be sold and/or offered for sale. Q -.F. An operator intending to sell fireworks during the winter sales period pursuant to a nonaerial common fireworks permit shall provide written notification of such intent to the city clerk by mailing same by U.S. post to the city clerk between the period of December 1 and December 15 preceding the winter sales period during which the fireworks are to be sold. ISG. The city clerk shall deny an application for a nonaerial common fireworks permit: 1. Where the applicant, ,.plica at4 . o„t a ffi p e yee partner, . offire has been convicted in the preceding ten (10) years of any crime involving fraud, larceny, arson, or illegal possession or sale of fireworks, including, but not limited to, a violation of title 39, chapter 26, Idaho Code. 2. Where the applicant, of applieant's ,.gent, employee, partner, . off...o, has been convicted in the preceding one year of a violation of the unified development code of the city of Meridian. 3. Where the city has revoked from applicant, of applieanVs agerA, employee, ,.....tHer,Or- ..faee a nonaerial common fireworks permit issued pursuant to this chapter, in the preceding one year. 4. Where the planning department, building department, fire department or police department report that: a. The proposed operations, activities, and/or uses are not in compliance with this chapter; or b. Use of such permit by ,.ppli .,..,. or applicant's agent, employee, partaff, or o e« will constitute an unreasonable hazard to persons or property. Any denial of an application for a nonaerial common fireworks permit shall be made in writing and shall describe the reason(s) for such denial. Such written denial shall be deemed effective immediately upon personal service to the permittee or mailing by U.S. post to the applicant's mailing address as set forth in the application. The applicant may request a hearing on such denial before the city council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the city council. At such hearing the city clerk shall present findings and information as to the basis of the denial. The city council shall have the authority to affirm the denial or order the city clerk to grant the permit. The action of the city council shall be final. a. AM .. FIREWORKS CODE UPDATE PAGE 3 OF 10 15-1 F -.E. A separate application shall be filed for each and every operation and location at which nonaerial common fireworks are to be sold and/or offered for sale. Q -.F. An operator intending to sell fireworks during the winter sales period pursuant to a nonaerial common fireworks permit shall provide written notification of such intent to the city clerk by mailing same by U.S. post to the city clerk between the period of December 1 and December 15 preceding the winter sales period during which the fireworks are to be sold. ISG. The city clerk shall deny an application for a nonaerial common fireworks permit: 1. Where the applicant, ,.plica at4 . o„t a ffi p e yee partner, . offire has been convicted in the preceding ten (10) years of any crime involving fraud, larceny, arson, or illegal possession or sale of fireworks, including, but not limited to, a violation of title 39, chapter 26, Idaho Code. 2. Where the applicant, of applieant's ,.gent, employee, partner, . off...o, has been convicted in the preceding one year of a violation of the unified development code of the city of Meridian. 3. Where the city has revoked from applicant, of applieanVs agerA, employee, ,.....tHer,Or- ..faee a nonaerial common fireworks permit issued pursuant to this chapter, in the preceding one year. 4. Where the planning department, building department, fire department or police department report that: a. The proposed operations, activities, and/or uses are not in compliance with this chapter; or b. Use of such permit by ,.ppli .,..,. or applicant's agent, employee, partaff, or o e« will constitute an unreasonable hazard to persons or property. Any denial of an application for a nonaerial common fireworks permit shall be made in writing and shall describe the reason(s) for such denial. Such written denial shall be deemed effective immediately upon personal service to the permittee or mailing by U.S. post to the applicant's mailing address as set forth in the application. The applicant may request a hearing on such denial before the city council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the city council. At such hearing the city clerk shall present findings and information as to the basis of the denial. The city council shall have the authority to affirm the denial or order the city clerk to grant the permit. The action of the city council shall be final. a. AM .. FIREWORKS CODE UPDATE PAGE 3 OF 10 J -.H. A nonaerial common fireworks permit issued pursuant to this chapter shall be valid for twelve (12) months from the date of issuance and for only the specific dates and location designated in the permit, and shall be nontransferable. ISI. The city clerk, the fire chief, or a designee of either, may revoke a nonaerial common fireworks permit issued pursuant to this chapter where: 1. The operator conducts a use, condition, and/or activity not allowed under the terms of the permit. 2. The operator violates conditions and/or limitations set forth in the permit. 3. The application for the permit contains any material false statements or misrepresentations. 4. The permit is used by a different operator or operation than to whom it was issued. 5. The permit was issued in error or in violation of any ordinance or law. 6. The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law. 7. The permittee fails to comply with any provision of this code, including, but not limited to, this chapter. Any revocation of a nonaerial common fireworks permit shall be made in writing and shall describe the reason(s) for such revocation. Such written revocation shall be deemed effective immediately upon personal service to the permittee or mailing by U.S. post to the permittee's mailing address as set forth in the application. The permittee may request a hearing on such revocation before the city council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the city council. At such hearing, the city clerk, the fire chief, or the designee thereof who revoked the permit shall present findings and information as to the basis of the revocation. The city council shall have the authority to affirm the revocation or order the city clerk to reinstate the permit. The action of the city council shall be final. Section 2. That Meridian City Code sections 5-4-6(0) and 5-4-6(P) shall be amended as follows: n Fireworks offered fr re4ail ,...],...hall net be readily , sible to the public O. The following provisions shall apply to any and all temporary signs related to any fireworks operation: It shall be unlawful for any person to install, erect, post, or display, or to allow or cause the installation, erection, posting or display of more than two (2) temporary signs on the property on which the fireworks operation is located for the purpose of identifying, promoting, advertising, or directing patrons to such operation, except that one (1) additional temporary sign may be installed, erected, posted, or displayed on the temporary fireworks stand. The area of any temporary sign installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an operation shall not exceed thirty-two (32)square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting or display of a temporary sign identifying, promoting, advertising, or directing patrons to an operation where the area of such temporary sign exceeds thirty-two (32) square feet. FIREWORKS CODE UPDATE PAGE 4 OF 10 3. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign identifying promoting, advertising, or directing patrons to an operation upon any property other than that property upon which the operation is located. 4. Any and all temporary signs identifying, promoting, advertising, or directing patrons to an operation shall be removed within twentyfour hours of the conclusion of such operation. P. As to each and every temporary fireworks stand, operators shall comply with, and, as applicable, shall ensure their patrons' and the public's compliance with, each and all of the following provisions regarding temporary fireworks stands: 1. Any and all temporary fireworks stands shall comply with all applicable provisions of this code, including, but not limited to, the unified development code, the building code, the fire code, and the electrical code. The operator shall obtain any and all required permits. 2. Prior to erecting any temporary fireworks stand, and throughout the applicable sales period, the ground underlying such temporary fireworks stand and all ground within a thirty foot (30') perimeter thereof shall be cleared and maintained clear of any and all weeds, combustible vegetation or material, and/or debris. No operator shall permit the accumulation of rubbish or .trash in or around any temporary fireworks stand. No operator shall permit a fire nuisance or hazard to exist in or around any temporary fireworks stand. 3. No temporary fireworks stand shall have a floor area in excess of six hundred (600) seven hundred (700) square feet. 4. Any and all temporary fireworks stands shall have exit doors at least thirty inches (30") wide at both ends of the temporary fireworks stand and one additional door for each thirty two feet (32') of rear wall in excess of thirty two feet (32'). All doors shall open outward from the temporary fireworks stand and all doorways shall be kept clear and operational at all times. No operator shall cause or allow any exit from a temporary fireworks stand to be obstructed, unopenable, inaccessible, or malfunctioning. 5. Any and all temporary fireworks stands shall be located at least twenty five feet (25') from any other building or structure. 6. Any and all temporary fireworks stands shall be located at least twenty five feet (25') from any generator or other internal combustion power sources and/or their fuels. 7. Any and all temporary fireworks stands shall be located at least one hundred feet (100') from any flammable liquid dispensing device or installation. 8. Any and all temporary fireworks stands shall contain a minimum of one type 2A1 OBC rated fire extinguisher, and one 2A water type fire extinguisher. Such extinguishers shall, at all times be in good working order, have a current inspection tag, and be easily accessible for use in case of fire in the temporary fireworks stand or the immediate proximity thereof. FIREWORKS CODE UPDATE PAGE 5 OF 10 9. Any and all temporary fireworks stands shall be emptied of all fireworks when not open for business. This provision shall not apply where the operation is not open for business and the temporary fireworks stand is used as a short term storage facility, in which case all provisions of this chapter governing short term storage facilities shall apply, including, but not limited to, subsection 5-4-7(J) of this chapter. 10. No person shall sleep at any time in any temporary fireworks stand. 11. Vehicles shall not be parked within twenty five feet (25') of the exterior of any temporary fireworks stand. 12. No person shall smoke within any temporary fireworks stand, nor within a,a•feet ') twenty five feet (25') of any temporary fireworks stand. 13. At least one sign reading, "FIREWORKS - NO SMOKING WITHIN 30-25 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall and/or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times. 14. At least one sign reading, "FIREWORKS - NO SMOKING WITHIN 30-25 FEET" in letters at least two inches (2") high on a contrasting background shall be posted on each and every interior,wall and/or side of any.andall temporary fireworks stands. Such signs shall be maintained in a legible condition at all times. 15. At least one sign reading, "NO FIREWORKS TO BE DISCHARGED WITHIN 300-100 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times. 16. Waste receptacles or garbage cans in any temporary fireworks stand shall be noncombustible and shall have a securely fitting lid. 17. All permits are required to be posted in the stand at all times. Section 3. That Meridian City Code sections 5-4-7(I)(11-13) shall be amended as follows: I. As to each and every short term storage container, operators shall comply with, and, as applicable, shall ensure their patrons' and the public's compliance with, each and all of the following provisions regarding short term storage containers: 11. No person shall smoke within any short term storage container, nor within fi%, feet twenty five feet (25') of any short term storage container. 12. At least one sign reading, "FIREWORKS - NO SMOKING WITHIN 30-25 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every interior wall and each and every exterior wall or side of any and all short term storage containers. Such signs shall be maintained in a legible condition at all times. FIREWORKS CODE UPDATE PAGE 6 OF 10 13. At least one sign reading, "NO FIREWORKS TO BE DISCHARGED WITHIN 3WI00 FEET" in letters at least four inches (4') high on a contrasting background shall be posted on each and every exterior wall or side of any and all short term storage containers. Such signs shall be maintained in a legible condition at all times. Section 4. That Meridian City Code sections 5-4-8(A)(6-8) shall be amended as follows: A. It shall be unlawful for any person to: 6. Discharge fireworks within fr,«oo hundred feet iznm` one hundred feet (100') of any temporary fireworks stand or short term storage container. 7. Smoke within fiftyfeet0') twenty five feet (25') of any temporary fireworks stand or short term storage container. 8. Ignite a flame within fir's` twenty five feet (25') of any temporary fireworks stand or short term storage container. Section 5. That Meridian City Code section 5-4-10(B) shall be amended as follows: B. Application for a public fireworks display permit shall be made to the city clerk in such form and manner as the city clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following information: 1. Applicant's name, gra to « a� and date of birth; 2. if the p4lie firewarks display for -;[Iieh the permit is sought is to be perfonned by partnership, corporation, or limited liability eompany, the names and addresses of-, as applieable: a. All paA*ffs; 1. AU e «..tion end e rate offiee -s; a c. The company and 4,; 2. Physical and mailing addresses of applicant's home and principal plaee a business; 4.3. Name and address of applicant's registered agent for service of process; -5-A. Physical address and description of each and every location at which fireworks are to be stored; 6:5. Dates during which nonaerial common fireworks are to be stored; -7-.6. Physical address and description of location at which public fireworks display is to occur; 5:7. Date(s) on which public fireworks display is to occur; 9-.8. A site plan for the storage of fireworks to be used in the public fireworks display for which the permit is sought, which plan shall include, but shall not be limited to, a description of: a. Location, type, and dimensions of short term storage containers to be used; b. The distance from other structures of any short term storage container. 40-.9. A site plan for the proposed site of the public fireworks display for which the permit is sought, which plan shall comply with the standards set forth in National Fire Protection Association standards (NFPA) 1123 or 1126. 44-10. Description of prior pyrotechnical experience. 11. A certificate of insurance providing coverage of up to one million dollars ($1,000,000.00) for personal injury and property damage, underwritten through or by a qualified and duly FIRE WORKS CODE UPDATE PAGE 7 OF 10 licensed insurance company or companies doing or authorized to do insurance business in Idaho. 12. Application fee as set forth in the fee schedule of the city clerk's office for each and every operation for which a permit is sought. 13. Fire Department inspection fee. Section 6. That Meridian City Code sections 5-4-10(G—K) shall be amended as follows: G. The city clerk shall deny an application for a public fireworks display permit where: 1. The applicant is under the age of twenty one (21) years. 2. The applicant, or appliea4s agent, employee, paftner, or offieer, has been convicted in the preceding ten (10) years of any crime involving fraud, larceny, arson, or illegal possession or sale of fireworks, including, but not limited to, a violation of title 39, chapter 26, Idaho Code. 3. The city has revoked from applic .,or applioant's wbc.nt l a e faee a,e::p.,yee,r r,„r- e nonaerial common fireworks permit or public fireworks display permit issued pursuant to this chapter, in the preceding one year. 4. The fire department or police department report that: a. The proposed operations, activities, and/or uses are not in compliance with this chapter and/or any other applicable provisions of this code; b. Use of such permit by applicantapplicant's agent, employee, partner, of o (flee will constitute an unreasonable hazard to persons or property; or c. Use of such permit on the date(s) and at the time(s) proposed will constitute an unreasonable hazard to persons or property. Any denial of an application for a public fireworks display permit shall be made in writing and shall describe the reason(s) for such denial. Such written denial shall be deemed effective immediately upon personal service to the permittee or mailing by U.S. post to the applicant's mailing address as set forth in the application. The applicant may request a hearing on such denial before the city council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the city council. At such hearing the city clerk shall present findings and information as to the basis of the denial. The city council shall have the authority to affirm the denial or order the city clerk to grant the permit. The action of the city council shall be final. WIN WINNIMNOWN016 -J-.H. A public fireworks display permit issued pursuant to this chapter shall be valid only for the period designated and for the specific location designated in the permit, and shall be nontransferable. ISI. The city clerk, the fire chief, or a designee of either, may revoke a public fireworks display permit issued pursuant to this chapter where: FIREWORKS CODE UPDATE PAGE 8 OF 10 1. The operator conducts a use, condition, and/or activity not allowed under the terms of the permit. 2. The operator violates conditions and/or limitations set forth in the permit. 3. The application for the permit contains any material false statements or misrepresentations. 4. The permit is used by a different operator or operation than to whom it was issued. 5. The permit was issued in error or in violation of any ordinance or law. 6. The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law. 7. The permittee fails to comply with any provision of this chapter. Any revocation of a public fireworks display permit shall be made in writing and shall describe the reason(s) for such revocation. Such written revocation shall be deemed effective immediately upon personal service to the permittee or mailing by U.S. post to the permittee's mailing address as set forth in the application. The permittee may request a hearing on such revocation before the city council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the city council. At such hearing, the city clerk, the fire chief, or the designee thereof who revoked the permit shall present findings and information as to the basis of the revocation. The city council shall have the authority to affirm the revocation or order the city clerk to reinstate the permit. The action of the city council shall be final. Section 7. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 8. That this Ordinance shall be in full force and effect immediately upon its passage and publication. 2012. PASSED by the City Council of the City of Meridian, Idaho, this day of March, APPROVED by the Mayor of the City of Meridian, Idaho, this day of March, 2012. APPROVED: Tammy de Weerd, Mayor ATTEST: Jaycee Holman, City Clerk FIREWORKS CODE UPDATE PAGE 9 OF 10 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 12 - AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 5-4-5, REGARDING PERMIT FOR RETAIL SALES OF NONAERIAL COMMON FIREWORKS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-6(0) AND 5-4-6(P), REGARDING SIGNS AND STANDARDS RELATED TO FIREWORKS OPERATIONS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-7(1)(11-13), REGARDING SIGNAGE FOR SHORT TERM STORAGE CONTAINERS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-8(A)(6- 8), REGARDING PROHIBITIONS ON DISCHARGING FIREWORKS, SMOKING, OR IGNITING FLAMES NEAR SHORT TERM STORAGE CONTAINERS; AMENDING MERIDIAN CITY CODE SECTION 5-4-10(B), REGARDING APPLICATION FOR A PUBLIC FIREWORKS DISPLAY PERMIT; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-10(G—K), REGARDING APPLICATION FOR PUBLIC FIREWORKS DISPLAY PERMIT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its passage and publication. City of Meridian Mayor and City Council By: Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 12 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 12- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of 2012. William. L.M. Nary, City Attorney FiaEWORKS CODEUPDATE PAGE 10 or 10 Meridian City Council Meeting DATE: March 13, 2012 ITEM NUMBER: gA PROJECT NUMBER: ITEM TITLE: Ordinance No. 12-1505A Meridian Fireworks Ordinance Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. 12-1505A BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 54-5, REGARDING PERMIT FOR RETAIL SALES OF NONAERIAL COMMON FIREWORKS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-6(0) AND 54-6(P), REGARDING SIGNS AND STANDARDS RELATED TO FIREWORKS OPERATIONS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-7(I)(11-13), REGARDING SIGNAGE FOR SHORT TERM STORAGE CONTAINERS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-8(A)(6- 8), REGARDING PROHIBITIONS ON DISCHARGING FIREWORKS, SMOKING, OR IGNITING FLAMES NEAR SHORT TERM STORAGE CONTAINERS; AMENDING MERIDIAN CITY CODE SECTION 5-4-10(B), REGARDING APPLICATION FOR A PUBLIC FIREWORKS DISPLAY PERMIT; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-10(G—K), REGARDING APPLICATION FOR ,PUBLIC FIREWORKS DISPLAY PERMIT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the regulation of the sale, storage, possession, and discharge of fireworks is within the City's authority under Article 12, § 2 of the Idaho Constitution to establish regulations for the protection of the people's health, safety, and welfare; WHEREAS, the protection of persons and property from unreasonable fire hazards is in the best interest of the City of Meridian; WHEREAS, City staff have identified measures to simplify and clarify the application and inspection process for fireworks permitting in order to save administrative time and costs for both applicants and the City; WHEREAS, the City Council of the City of Meridian finds appropriate circumstances justifying the reasonable variance herein from strict compliance with Idaho Code § 39-2607; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN; IDAHO: Section 1. That Meridian City Code section 5-4-5 shall be amended as follows: A. No person, without having a valid nonaerial common fireworks permit issued pursuant to this chapter, shall offer for sale, possess or store for the purpose of sale, sell, cause to be offered for sale, cause to be possessed or stored for the purpose of sale, or cause to be sold nonaerial common fireworks in any manner or for any use or purpose. B. Application for a nonaerial common fireworks permit shall be made to the city clerk in such form and manner as the city clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following: 1. Applicant's name, age, and ..oeia'-e-•..:............e and date of birth; oe addresses of-, as applieuble! FIREWORKS CODE UPDATE PAGE 1 OF 10 Ali neempa" and it, membefs. -3-.2. Physical and mailing addresses of applicant's home and prineipal plaeo a business; 43. Name and address of applicant's registered agent for service of process; 3-4. Idaho sales tax seller remit identification number, if applicable; 5. Applicant's driver's license number and issuing state. 6. Physical address and description of each and every location at which fireworks are to be stored; 7. Dates during which nonaerial common fireworks are to be stored; 8. Physical address and description of any and all locations at which nonaerial common fireworks are to be sold and/or offered for sale; 9. Dates during which nonaerial common fireworks are to be sold and/or offered for sale; 10. A site plan, which shall include a description of: a. Location, type, and dimensions of any temporary fireworks stand and/or short term storage container to be located at the sales site; b. Parking areas; c. Vision sight triangle, if located on a corner; d. Waste receptacles or garbage cans -- e. Location and type of electrical sources • and f. Location and dimensions of signs. 11.One-aApplication fee as set forth in the fee schedule of the city clerk's office for each and every operation for which a permit is sought. 12 Fire department and Electrical inspection fees for each and every operation for which a permit is sought. 13. Other inspection and permitting fees as may be applicable 14. A certificate of insurance providin cg overage of up to one hundred thousand dollars ($100,000.00) for personal injury and property damage underwritten through or by a qualified and duly licensed insurance company or companies doing or authorized to do insurance business in Idaho. C. The city clerk or designee shall direct the Planning, Building, and Police Department to review the application, and shall request that the Fire Chief or designee and the electrical inspector conduct a site inspection at each operation, in order to determine: 1. Whether the proposed operations, activities, and/or uses are in compliance with this chaff and any other applicable laws: and 2. Whether use of such permit by applicant will likely endanger the health, safety. and/or welfare of persons or property. FiRswoRKs CODE UPDATE PAGE 2 of 10 D. Appkeatiens Complete applications for nonaerial common fireworks permits authorizing the permittee to sell nonaerial common fireworks during the summer sales period or during the winter sales period shall be filed with the city clerk on or before A-01 15 June 1, or the next business day if such date falls on a nonbusiness day. PAM METRIMM"I 1E. A separate application shall be filed for each and every operation and location at which nonaerial common fireworks are to be sold and/or offered for sale. G --F. An operator intending to sell fireworks during the winter sales period pursuant to a nonaerial common fireworks permit shall provide written notification of such intent to the city clerk by mailing same by U.S. post to the city clerk between the period of December 1 and December 15 preceding the winter sales period during which the fireworks are to be sold. 14 G. The city clerk shall deny an application for a nonaerial common fireworks permit: 1. Where the applicant, e �'.^ ^^ r* has been convicted in the preceding ten (10) years of any crime involving fraud, larceny, arson, or illegal possession or sale of fireworks, including, but not limited to, a violation of title 39, chapter 26, Idaho Code. 2. Where the applicant, levee, partne-, of ^f ^e,. has been convicted in the preceding one year of a violation of the unified development code of the city of Meridian. 3. Where the city has revoked from applicant, Or- "Plie-M's agent, effip!cy.:, p art:.cr, v: Off eer a nonaerial common fireworks permit issued pursuant to this chapter, in the preceding one year. 4. Where the planning department, building department, fire department or police department report that: a. The proposed operations, activities, and/or uses are not in compliance with this chapter; or b. Use of such permit 1.y applicant , __liea..«:..agent, emple ,e _aitaer- , e will constitute an unreasonable hazard to persons or property. Any denial of an application for a nonaerial common fireworks permit shall be made in writing and shall describe the reason(s) for such denial. Such written denial shall be deemed effective immediately upon personal service to the permittee or mailing by U.S. post to the applicant's mailing address as set forth in the application. The applicant may request a hearing on such denial before the city council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the city council. At such hearing the city clerk shall present findings and information as to the basis of the denial. The city council shall have the authority to affirm the denial or order the city clerk to grant the permit. The action of the city council shall be final. FIREWORKS CODE UPDATE PAGE 3 OF 10 J -.H. A nonaerial common fireworks permit issued pursuant to this chapter shall be valid for twelve j(12) months from the date of issuance and for only the specific dates and location designated in the permit, and shall be nontransferable. 1-1. The city clerk, the fire chief, or a designee of either, may revoke a nonaerial common fireworks permit issued pursuant to this chapter where: 1. The operator conducts a use, condition, and/or activity not allowed under the terms of the permit. 2. The operator violates conditions and/or limitations set forth in the permit. 3. The application for the permit contains any material false statements or misrepresentations. 4. The permit is used by a different operator or operation than to whom it was issued. 5. The permit was issued in error or in violation of any ordinance or law. 6. The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law. 7. The permittee fails to comply with any provision of this code, including, but not limited to, this chapter. Any revocation of a nonaerial common fireworks permit shall be made in writing and shall describe the reason(s) for such revocation. Such written revocation shall be deemed effective immediately upon personal service to the permittee or mailing by U.S. post to the permittee's mailing address as set forth in the application. The permittee may request a hearing on such revocation before the city council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the city council. At such hearing, the city clerk, the fire chief, or the designee thereof who revoked the permit shall present findings and information as to the basis of the revocation. The city council shall have the authority to affirm the revocation or order the city clerk to reinstate the permit. The action of the city council shall be final. Section 2. That Meridian City Code sections 5-4-6(0) and 5-4-6(P) shall be amended as follows: n n;..,...., fks e ff red r _ retail sale e ,.,...a;i_.....,.,.ssible to 4ho publ;, O. The following provisions shall apply to any and all temporary signs related to any fireworks operation; It shall be unlawful for any person to install erect post or display, or to allow or cause the installation, erection, posting or display of more than two Q temporary signs on the property on which the fireworks operation is located for the purpose of identifying promoting, advertising, or directing patrons to such operation except that one (1) additional temporary sign may be installed erected posted or displayed on the temporary fireworks stand. 2. The area of any temporary sign installed erected posted or displayed for the putroose of identifying_ promoting, advertising, or directing patrons to an operation shall not exceed identifying, promoting, advertising, or directing patrons to an operation where the area of such temporary sign exceeds thirty-two (32) square feet. FIREWORKS CODE UPDATE PA0E 4 O 10 3. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the ( installation, erection, posting or display of any temporary sign identifying, promoting, advertising, or directing patrons to an operation upon my property other than that propertX upon which the operation is located. 4. Anand all temporary suns identifying, promoting, advertising, or directing patrons to an operation shall be removed within twenty four (24) hours of the conclusion of such operation. P. As to each and every temporary fireworks stand, operators shall comply with, and, as applicable, shall ensure their patrons' and the public's compliance with, each and all of the following provisions regarding temporary fireworks stands: 1. Any and all temporary fireworks stands shall comply with all applicable provisions of this code, including, but not limited to, the unified development code, the building code, the fire code, and the electrical code. The operator shall obtain any and all required permits. 2. Prior to erecting any temporary fireworks stand, and throughout the applicable sales period, the ground underlying such temporary fireworks stand and all ground within a thirty foot (30') perimeter thereof shall be cleared and maintained clear of any and all weeds, combustible vegetation or material, and/or debris. No operator shall permit the accumulation of rubbish or trash in or around any temporary fireworks stand. No operator shall permit a fire nuisance or hazard to exist in or around any temporary fireworks stand. 3. No temporary fireworks stand shall have a floor area in excess of six hundred (600) seven hundred (700) quare feet. 4. Any and all temporary fireworks stands shall have exit doors at least thirty inches (30") wide at both ends of the temporary fireworks stand and one additional door for each thirty two feet (32') of rear wall in excess of thirty two feet (32'). All doors shall open outward from the temporary fireworks stand and all doorways shall be kept clear and operational at all times. No operator shall cause or allow any exit from a temporary fireworks stand to be obstructed, unopenable, inaccessible, or malfunctioning. 5. Any and all temporary fireworks stands shall be located at least twenty five feet (25') from any other building or structure. 6. Any and all temporary fireworks stands shall be located at least twenty five feet (25') from any generator or other internal combustion power sources and/or their fuels. 7. Any and all temporary fireworks stands shall be located at least one hundred feet (100') from any flammable liquid dispensing device or installation. 8. Any and all temporary fireworks stands shall contain a minimum of one type 2Al OBC rated fire extinguisher, and one 2A water type fire extinguisher. Such extinguishers shall, at all j\ times be in good working order, have a current inspection tag, and be easily accessible for use in case of fire in the temporary fireworks stand or the immediate proximity thereof. FIREWORKS CODE UPDATE PAGE 5 OF 10 9. Any and all temporary fireworks stands shall be emptied of all fireworks when not open for business. This provision shall not apply where the operation is not open for business and the temporary fireworks stand is used as a short term storage facility, in which case all provisions of this chapter governing short term storage facilities shall apply, including, but not Iimited to, subsection 5-4-7(J) of this chapter. 10. No person shall sleep at any time in any temporary fireworks stand. 11. Vehicles shall not be parked within twenty five feet (25') of the exterior of any temporary fireworks stand. 12. No person shall smoke within any temporary fireworks stand, nor within fifty -feet {3&} twenty five feet (25') of any temporary fireworks stand. 13. At least one sign reading, "FIREWORKS - NO SMOKING WITHIN 30-25 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall and/or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times. 14. At least one sign reading, "FIREWORKS - NO SMOKING WITHIN 30-25 FEET" in letters at least two inches (2") high on a contrasting background shall be posted on each and every interior wall and/or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times. l 15. At least one sign reading, "NO FIREWORKS TO BE DISCHARGED WITHIN 300-100 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times. 16. Waste receptacles or garbage cans in any temporary fireworks stand shall be noncombustible and shall have a securely fitting lid. 17. All permits are required to be posted in the stand at all times. Section 3. That Meridian City Code sections 5-4-7(1)(11-13) shall be amended as follows: I. As to each and every short term storage container, operators shalt comply with, and, as applicable, shall ensure their patrons' and the public's compliance with, each and all of the following provisions regarding short term storage containers: 11. No person shall smoke within any short term storage container, nor within fiRezt ( twenty five feet 25') of any short term storage container. 12. At least one sign reading, "FIREWORKS - NO SMOKING WITHIN 30-25 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every interior wall and each and every exterior wall or side of any and all short term storage containers. Such signs shall be maintained in a legible condition at all times. Fimwoms CODE UPDATE PAGE 6 oP 10 13. At least one sign reading, "NO FIREWORKS TO BE DISCHARGED WITHIN 308-100 ( FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall or side of any and all short term storage containers. Such signs shall be maintained in a legible condition at all times. r** Section 4. That Meridian City Code sections 5-4-8(A)(6-8) shall be amended as follows: A. It shall be unlawful for any person to: 6. Discharge fireworks within one hundred feet (100') of any temporary fireworks stand or short term storage container. 7. Smoke within fift feet (50' twenty five feet (25') of any temporary fireworks stand or short term storage container. 8. Ignite a flame within f ,%, feet (50') twenty five feet (25') of any temporary fireworks stand or short term storage container. Section 5. That Meridian City Code section 5-4-10(B) shall be amended as follows: B. Application for a public fireworks display permit shall be made to the city clerk in such form and manner as the city clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following information: 1. Applicant's name,—age,—and-seeial-security-numb and date of birth; WNW 3:2. Physical and mailing addresses of applicant's home and ptineipai-plaee of business; 43. Name and address of applicant's registered agent for service of process; 5:4. Physical address and description of each and every location at which fireworks are to be stored; 6:5. Dates during which nonaerial common fireworks are to be stored; -7-.6. Physical address and description of location at which public fireworks display is to occur; �7. Date(s) on which public fireworks display is to occur; 978— 8 A site plan for the storage of fireworks to be used in the public fireworks display for which the permit is sought, which plan shall include, but shall not be limited to, a description of. a. Location, type, and dimensions of short term storage containers to be used; b. The distance from other structures of any short term storage container. 48:9. A site plan for the proposed site of the public fireworks display for which the permit is sought, which plan shall comply with the standards set forth in National Fire Protection Association standards (NFPA) 1123 or 1126. 44-:10. Description of prior pyrotechnical experience. 11. A certificate of insurance providing coverage of un to one million dollars ($1.000,000.00) for personal injury and property damage, underwritten through or by a qualified and duly FmwoRKs CODE UPDATE PAGE 7 OF 10 licensed insurance company or companies doing or authorized to do insurance business in ( Idaho. 12. Application fee as set forth in the fee schedule of the gAy clerk's office for each and every operation for which a permit is sought. 13. Fire Department inspection fee. Section 6. That Meridian City Code sections 5-4-10(G—K) shall be amended as follows:. G. The city clerk shall deny an application for a public fireworks display permit where: 1. The applicant is under the age of twenty one (21) years. 2. The applicant, ���lieanro agen* '°r�e ; has been convicted in the preceding ten (10) years of any crime involving fraud, larceny, arson, or illegal possession or sale of fireworks, including, but not limited to, a violation of title 39, chapter 26, Idaho Code. 3. The city has revoked from applicant,ef applieanVs agent, ell. yee, ..... per, or o .• a nonaerial common fireworks permit or public fireworks display permit issued pursuant to this chapter, in the preceding one year. 4. The fire department or police department report that: a. The proposed operations, activities, and/or uses are not in compliance with this chapter and/or any other applicable provisions of this code; b. Use of such permit by applicantor applicant's agent-, a 41ayee, pafb.e., or a (flee will constitute an unreasonable hazard to persons or property; or c. Use of such permit on the date(s) and at the time(s) proposed will constitute an unreasonable hazard to persons or property. Any denial of an application for a public fireworks display permit shall be made in writing and shall describe the reason(s) for such denial. Such written denial shall be deemed effective immediately upon personal service to the permittee or mailing by U.S. post to the applicant's mailing address as set forth in the application. The applicant may request a hearing on such denial before the city council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the city council. At such hearing the city clerk shall present findings and information as to the basis of the denial. The city council shall have the authority to affirm the denial or order the city clerk to grant the permit. The action of the city council shall be final. JI. -H. A public fireworks display permit issued pursuant to this chapter shall be valid only for the period designated and for the specific location designated in the permit, and shall be nontransferable. ISI. The city clerk, the fire chief, or a designee of either, may revoke apublic fireworks display permit issued pursuant to this chapter where: FIREWORKS CODE UPDATE PAGE 8 OF 10 1. The operator conducts a use, condition, and/or activity not allowed under the terms of the permit. 2. The operator violates conditions and/or limitations set forth in the permit. 3. The application for the permit contains any material false statements or misrepresentations. 4. The permit is used by a different operator or operation than to whom it was issued. 5. The permit was issued in error or in violation of any ordinance or law. 6. The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law. 7. The permittee fails to comply with any provision of this chapter. Any revocation of a public fireworks display permit shall be made in writing and shall describe the reason(s) for such revocation. Such written revocation shall be deemed effective immediately upon personal service to the permittee or mailing by U.S. post to the permittee's mailing address as set forth in the application. The permittee may request a hearing on such revocation before the city council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the city council. At such hearing, the city clerk, the fire chief, or the designee thereof who revoked the permit shall present findings and information as to the basis of the revocation. The city council shall have the authority to affirm the revocation or order the city clerk to reinstate the permit. The action of the city council shall be final. Section 7. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 8. That this Ordinance shall be in full force and effect immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 13 day of March, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this l day of March, 2012. APPROVED: Tammy rd IVIay4r ATTEST: City ClerkCity of IOAxO w SEAL 'file FIREWORKS CODE UPDATE PAGE 9 OF 10 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 12 - AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 5-4-5, REGARDING PERMIT FOR RETAIL SALES OF NONAERIAL COMMON FIREWORKS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-6(0) AND 5-4-6(P), REGARDING SIGNS AND STANDARDS RELATED TO FIREWORKS OPERATIONS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-7(I)(11-13), REGARDING SIGNAGE FOR SHORT TERM STORAGE CONTAINERS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-8(A)(6- 8), REGARDING PROHIBITIONS ON DISCHARGING FIREWORKS, SMOKING, OR IGNITING FLAMES NEAR SHORT TERM STORAGE CONTAINERS; AMENDING MERIDIAN CITY CODE SECTION 5-4-10(B), REGARDING APPLICATION FOR A PUBLIC FIREWORKS DISPLAY PERMIT; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-10(G—K), REGARDING APPLICATION FOR PUBLIC FIREWORKS DISPLAY PERMIT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance sha&L4@QQQe effective upon its passage and Mayor and City Council L By: Jaycee Holman, City Clerk First Reading: 3 �3 I Adopted after first reading by suspension of the Idaho Code § 50-902: YESV NO Second Reading: Third Reading: Gtyof SEAT, Ru a as allowed pursuant to STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 12- /5-U�-fi The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 12-_/Q)4;Iq of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this _12)�4�day of W -�. 2012. William. L.M. Nary, City Attorney FiREwORKs CODE UPDATE PAGE 10 OF 10 ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS