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HomeMy WebLinkAbout2012-03-20NfEF IDIAN -- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 20, 2012 at 7:00 PM 7:05 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. Community Invocation by David Brown with the LDS Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of January 24, 2012 City Council PreCouncil Meeting B. Approve Minutes of January 24, 2012 City Council Regular Meeting C. Approve Minutes of February 14, 2012 City Council PreCouncil Meeting D. Approve Minutes of March 7, 2012 City Council Special Meeting E. Approval of 2012-2013 Beer, Wine and Liquor License Renewals as follows: Sakana Sushi 1718 S. Eagle Rd. BIW Kahootz 1603 N. Main St. B/WIL Winco 1505 S. Progress Ave. BIW Wal-Mart #2862 4051 E. Fairview Ave. BIW Ustick Chevron 770 W. Ustick Ave. BIW Idaho Pizza 405 E. Fairview Ave. BIW Fast Eddy's Ten Mile 750 N. Ten Mile Rd. BIW Fast Eddy's Locust Grove 1745 E. Overland Rd. BIW Meridian City Council Meeting Agenda — Tuesday, March 20, 2012 Page 1 of 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. Jacksons #1 412 E. Fairview Ave. BIW Jacksons #11 1585 S. Meridian Rd. B/W Jacksons #35 522 Cherry Lane BIW Jacksons #56 66 E. State St. BIW Jacksons #97 3100 E. Magic View Dr. BIW Jacksons #98 1950 E. Fairview Ave. B/W Jacksons #105 3291 E. Pine Ave. B/W Jacksons #118 1625 W. Franklin Rd. BIW Jacksons #140 3010 Goldstone Ave. BIW Jacksons #99 180 E. Central Dr. BIW F. First Addendum to October 15, 2011 Memorandum of Agreement for Rental of Rocky Mountain High School Auditorium G. Second Amendment to Development Agreement for Approval: MDA 11-012 Meridian Town Center by Meridian CenterCal, LLC Located at Northeast Corner of E. Fairview and N. Eagle Road Request: Amend the existing Development Agreement (Instrument #111052692)to Include an Updated and Expanded Development Plan and Minor Edits to the Text of the Agreement H. Findings of Fact, Conclusions of Law for Approval: RZ 11-007 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Rezone of 12.29 Acres of Land from an R-15 (Medium High -Density Residential), a TN -C (Traditional Neighborhood Commercial) and a C -G (General Retail and Service Commercial) Zone to an R-40 (High -Density Residential) Zone I. Findings of Fact, Conclusions of Law for Approval: PP 11-014 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Preliminary Plat Approval of Two (2) Residential Lots and Two (2) Common Lots on 17.12 Acres in an Existing R-15 and Proposed R-40 Zoning Districts J. Findings of Fact, Conclusions of Law for Approval: CUP 11- 010 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Conditional Meridian City Council Meeting Agenda — Tuesday, March 20, 2012 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Use Permit for 264 Multi -Family Dwelling Units on Approximately 11.53 Acres in a Proposed R-40 Zoning District K. Findings of Fact, Conclusions of Law for Approval: MDA 11- 013 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Recorded Development Agreement (Inst. #106141056) for the Purpose of Excluding the Property AND Creating a new Development Agreement for the Proposed Accolade Apartments L. Final Order for Approval: TEC 12-002 Centrepointe Subdivision No. 2 (North) by Blue Marlin Investments, LLC Located West Side of N. Eagle Road, Approximately 1/4 Mile North of E. Ustick Road Request: Two Year (2) Time Extension on the Preliminary Plat M. Water and Sewer Easement for Crossfield Apartments aka Crossfield Subdivision #4 6. Community Items/Presentations A. Police Department: Swearing In Of New Police Officers 7. Items Moved From Consent Agenda None 8. Action Items A. Public Hearing: TEC 12-003 Olivetree at Spurwing Subdivision by Spurwing Limited Partnership Located North of W. Chinden Boulevard, West of N. Spurwing Way Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat Approved B. Public Comment on Proposed Outdoor Sales and Temporary Uses Code Update - Increased Time Limits for Temporary Sales Units and Garage Sales, Temporary Construction Site Standards Discussion will be continued to April 10, 2012 at 3:00 PM C. Ordinance No. 12-1506: First Reading - Outdoor Sales and Temporary Uses Code Update, Increasing Time Limits for Temporary Sales Units and Garage Sales, Adding Standards Meridian City Council Meeting Agenda — Tuesday, March 20, 2012 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. for Temporary Construction Sites First reading was continued to April 10, 2012 at 3:00 PM 9. Department Reports A. City Clerk's Office and Planning Department Joint Report: Fee Waiver Request Received from Joe and Leslie Palmer in Response to a Possible Application for a Certificate of Zoning Compliance Verification and City Council Appeal Item vacated from the agenda B. City Clerk's Office and Planning Department Joint Report: Fee Waiver Request Received from Lois Garcia in Response to a Possible Application for an Accessory Use Permit and City Council Appeal Denied C. Public Works: Approval of Pipeline Crossing Agreement with Union Pacific Railroad for a Water Line Crossing of the Railroad at Meridian Road for a Not -To -Exceed Amount of $11,000.00 Approved D. Public Works: Approval of Pipeline Crossing Agreement with Union Pacific Railroad for a Sewer Line Crossing of the Railroad at Meridian Road for a Not -To -Exceed amount of $2,000.00 Approved E. Clerk's Office: Approval of New Liquor License for FCO Meridian LLC dba Flatbread Community Oven Located at 830 N. Main St. Suite A. This Item is Pending Approval from Ada County. Approved Moved to Item # 5E on the Consent Agenda — The County License was received F. Clerk's Office: Approval of Beer, Wine and Liquor License Renewal for FCO Meridian LLC dba Flatbread Community Oven Located at 830 N. Main St. Suite A. This Item is Pending Ada County Approval. Approved Moved to Item # 5E on the Consent Agenda — The County License was received 10. Future Meeting Topics Adjourned at 8:14 PM Meridian City Council Meeting Agenda — Tuesday, March 20, 2012 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council March 20, 2012 A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, March 20, 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, Jacy Jones, Pete Friedman, Rich Dees, Bruce Chatterton, Jeff Lavey, Mike de St. Germaine, Perry Palmer, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Sorry for our delayed start, but thank you for joining us here this evening. For the record it is Tuesday, March 20th. It's 7:05. We will start with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by David Brown with the LDS Church De Weerd: Item No. 3 is our community invocation. Tonight we will led by David Brown with the LDS Church. Or not. Well, we will skip that item. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple of items to note on our agenda this evening. Under 8-C that ordinance number is 12-0506 . Under 9-A there is a request to vacate that, as the requesters no longer wish us to request a fee waiver. Item No. 9-E, we can move that to 5-E on the Consent Agenda, since we have received the county license -- was just Meridian City Council March 20, 2012 Page 2 of 27 received, so Meridian, LLC, approval of the new liquor license for FCO Meridian, LLC, dba Flatbread Community Oven can be moved to Item 5-E as part of that list. Same with 9-F, approval of beer, wine, liquor license for the same. And with those changes, Madam Mayor, I move adoption of the agenda as amended. 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 5: Consent Agenda A. Approve Minutes of January 24, 2012 City Council PreCouncil Meeting B. Approve Minutes of January 24, 2012 City Council Regular Meeting C. Approve Minutes of February 14, 2012 City Council PreCouncil Meeting D. Approve Minutes of March 7, 2012 City Council Special Meeting E. Approval of 2012-2013 Beer, Wine and Liquor License Renewals as follows: Sakana Sushi 1718 S. Eagle Rd. BIW Kahootz 1603 N. Main St. BIW/L Winco 1505 S. Progress Ave. BIW Wal-Mart #2862 4051 E. Fairview Ave. B/W Ustick Chevron 770 W. Ustick Ave. BIW Idaho Pizza 405 E. Fairview Ave. BIW Fast Eddy's Ten Mile 750 N. Ten Mile Rd. BIW Fast Eddy's Locust Grove 1745 E. Overland Rd. B/W Jacksons #1 412 E. Fairview Ave. BIW Jacksons #11 1585 S. Meridian Rd. BIW Jacksons #35 522 Cherry Lane B/W Jacksons #56 66 E. State St. BIW Jacksons #97 3100 E. Magic View Dr. BIW Jacksons #98 1950 E. Fairview Ave. BIW Jacksons #105 3291 E. Pine Ave. B/W Jacksons #118 1625 W. Franklin Rd. BIW Meridian City Council March 20, 2012 Page 3 of 27 Jacksons #140 3010 Goldstone Ave. BIW Jacksons #99 180 E. Central Dr. BIW F. First Addendum to October 15, 2011 Memorandum of Agreement for Rental of Rocky Mountain High School Auditorium G. Second Amendment to Development Agreement for Approval: MDA 11-012 Meridian Town Center by Meridian CenterCal, LLC Located at Northeast Corner of E. Fairview and N. Eagle Road Request: Amend the existing Development Agreement (Instrument #111052692)to Include an Updated and Expanded Development Plan and Minor Edits to the Text of the Agreement H. Findings of Fact, Conclusions of Law for Approval: RZ 11-007 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Rezone of 12.29 Acres of Land from an R-15 (Medium High -Density Residential), a TN -C (Traditional Neighborhood Commercial) and a C -G (General Retail and Service Commercial) Zone to an R-40 (High -Density Residential) Zone Findings of Fact, Conclusions of Law for Approval: PP 11-014 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Preliminary Plat Approval of Two (2) Residential Lots and Two (2) Common on 17.12 Acres in an Existing R-15 and Proposed R-40 Zoning Districts J. Findings of Fact, Conclusions of Law for Approval: CUP 11- 010 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Conditional Use Permit for 264 Multi -Family Dwelling Units on Approximately 11.53 Acres in a Proposed R-40 Zoning District K. Findings of Fact, Conclusions of Law for Approval: MDA 11- 013 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Recorded Development Agreement (Inst. #106141056) for the Purpose of Excluding the Property AND Creating a new Meridian City Council March 20, 2012 Page 4 of 27 Development Agreement for the Proposed Accolade Apartments L. Final Order for Approval: TEC 12-002 Centrepointe Subdivision No. 2 (North) by Blue Marlin Investments, LLC Located West Side of N. Eagle Road, Approximately 114 Mile North of E. Ustick Road Request: Two Year (2) Time Extension on the Preliminary Plat M. Water and Sewer Easement for Crossfield Apartments aka Crossfield Subdivision #4 E. Clerk's Office: Approval of New Liquor License for FCO Meridian LLC dba Flatbread Community Oven Located at 830 N. Main St. Suite A. This Item is Pending Approval from Ada County. F. Clerk's Office: Approval of Beer, Wine and Liquor License Renewal for FCO Meridian LLC dba Flatbread Community Oven Located at 830 N. Main St. Suite A. This Item is Pending Ada County Approval. De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: With the addition of 9-E and F, to 5-E as part of our Consent Agenda, 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 by Council, Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. Police Department: Swearing In Of New Police Officers Meridian City Council March 20, 2012 Page 5 of 27 De Weerd: We are at Item No. 6-A, which is under our police department. I will turn this over to our police chief, Chief Lavey. And I will note that I'm thrilled to finally be a part of this ceremony. Lavey: Madam Mayor, you beat me to that. I was actually going to make a statement in that regards. Madam Mayor, Council, it's a pleasure to have the time today and this is our -- a time where we actually introduce new officers. The purpose today is to not only introduce those officers, but it's to swear them in and before we get started with that I would like to congratulate Todd Charlton, Jared Hockbite and Shannon Taylor for successfully passing the police academy on Friday. They graduated at 11:00 a.m. last Friday. They have got right straight to work again. They have went through about 16 weeks of training so far and they have another 15 before they are on the streets by themselves. So, they still have a long ways to go. But they are kind at that halfway point. But I'd like to thank them for their commitment that they have given to this community and most importantly I would like to thank their families for the sacrifices that they had to endure for the last ten weeks. You may or may not recall the police academy is a closed campus and they do not get to go home, except on weekends. And that was particularly challenging with one of candidates who had a newborn while in the academy, so my hat is off to the -- De Weerd: That's perfect. Lavey: -- to the mother for that one. So, if I could have the three officers come forward and stand over here, kind of face the audience and Council, too. What we are going to do is we are actually going to swear them in and, then, we will have the family members come forward and pin their badges on them and maybe stick them. We will see if that happens. If you could raise your right hand for me, officers. I, state your name, do solemnly swear or affirm that I will support the Constitution of the United States and the constitutional laws of the state of Idaho and the laws and the ordinances of the City of Meridian. That I will abide by the Law Enforcement Code of Ethics and the policies and procedures of the Meridian Police Department. That I will obey all lawful orders and directives from those appointed over me and that I will, to the best of my ability, faithfully discharge all the duties of police officer in and for the City of Meridian, State of Idaho, so help me God. Congratulations. Madam Mayor, Council, this -- these three people would make up a total of 86 officers. We have one opening. So, these are the 86th officers. Thank you. De Weerd: I would also like to thank the families as well. Certainly we know that it's a commitment for the families to support our officers and so in advance we appreciate your sacrificing and allowing your other halves to be involved in our community in this fashion and certainly welcome our new officers. You are part of an -- in our opinion -- and my opinion is very biased -- of an elite department that takes their responsibility to -- that protect and serving, providing customer care to our citizens -- and certainly we know that the greatest asset that we can be in attracting employers, retaining employers, and keeping our citizens safe are our officers, our public safety employees. Meridian City Council March 20, 2012 Page 6 of 27 So, thank you for joining us and for the commitment that you have already given and I wish you great success in the second half of this training aspect. We look forward to cutting you loose on the streets of our community. So, thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I wish to welcome our new officers to the city and our community. You are now not just part of our elite police force, but our community and I think that is important for all of us and I appreciate your time and your family being here and I, too, wish you well in your remaining 15 weeks and look forward to seeing you out there serving the community. Thank you. Hoaglun: Well, Madam Mayor, I'd just like to say welcome and congratulations and you're almost fully there and you have -- we do like to think of our force as an elite force, because they are fine men and women who serve the public and do it very well and are very conscientious and so the people we hire with our staff that we have on hand we think we get the best and so you're part of that. So, thank you and, again, welcome. De Weerd; Okay. Thank you, chief, and thank you for joining us. And congratulations on the new member. Rountree: And you don't have to stay. De Weerd: Oh, come on. Item 7: Items Moved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Action Items A. Public Hearing: TEC 12-003 Olivetree at Spurwing Subdivision by Spurwing Limited Partnership Located North of W. Chinden Boulevard, West of N. Spurwing Way Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat De Weerd: So, we will move to Item 8-A under Action Items for public hearing on TEC 12-003. 1 will open this public hearing with staff comments. Friedman: Thank you, Madam Mayor, Members of the Council. This is a time extension for the plat of Olivetree at Spurwing. As you can see it's just located between north of Chinden and west of North Spurwing Way. It's kind of in between Spurwing and sort of near Jaykers. This is the third time extension. It consists of 65 building lots Meridian City Council March 20, 2012 Page 7 of 27 on 20 acres and the only thing that changed in a positive manner really since the last time extension is that the city's been able to workout some of the sewer deficiencies over in the Jaykers plat, which is where the effluent from these future homes will flow to. So, that's one kind of roadblock that's been taken out of the way. We have reviewed the conditions of approval of the development agreement and so forth and the only two conditions that we would add at this time merely reflect the new surety performance and warranty requirements of the city. So, we are recommending approval of the time extension with those as they have been articulated in the staff report. The applicant's representative has been contacted -- she's also here tonight, but the applicant's in agreement with the staff report. So, with that we recommend approval with the three conditions. One being conformance with all the conditions of the preliminary/final plat, development agreement, and, then, the two additional conditions for conformity with the surety and warranty and performance surety requirements of the city. De Weerd: Thank you, Pete. Council, any questions? Bird: I have none, Mayor. Rountree: I have none. De Weerd: I would point out at this point that we do have our new director sitting over there. So, it's nice seeing you in the staff seats instead of in the audience. So, welcome. Zaremba: Madam Mayor? De Weerd: Yes. Mr. Zaremba. Zaremba: I guess this is a question about whether we want to make the question I'm about to make or not. When this first came through there was quite a bit of discussion about the access or non -access to Ten Mile and I think we ended up with that little L-shaped thing over there being an emergency only access and part of that is that they actually don't own enough property to make it to the center line of Ten Mile Road. That's separate ownership next to it. I guess my question is do we need to revisit whether that should be a whole access or not in light of what else Spurwing is doing with what is currently their main entrance. We are talking about moving the main entrance farther away from the current North Spurwing Way that it has traditionally been and I wonder if that makes a difference for the fire and police departments. Friedman: Madam Mayor, Members of the Council, it was something that didn't come up in the comments that we received when we circulated this to the affected agencies and you do point out, Councilman Zaremba, that there is a plan to close off the existing Spurwing Way. However, at this juncture we haven't received any comments from any of our emergency responders about improving that to a full -- full access street. Meridian City Council March 20, 2012 Page 8 of 27 De Weerd: Certainly if I recall there was discussion during the hearing provided by the fire department at that time. So, bringing it up again at this point. Zaremba: Yeah. I just didn't remember whether the two different subjects were connected or not. If there is no objection, then, I'm happy. De Weerd: Okay. Making you happy is very important. Any comment by the applicant? Okay. So, Council -- this is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no one interested in testifying, I move that we close the public hearing for Item 8-A, TEC 12-003. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the two year extension for Item 8-A, subject to staff's comments and recommendations. Hoaglun: Second. De Weerd: I have a motion and a second to approve this item. Any discussion from Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Comment on Proposed Outdoor Sales and Temporary Uses Code Update - Increased Time Limits for Temporary Sales Units and Garage Sales, Temporary Construction Site Meridian City Council March 20, 2012 Page 9 of 27 Standards De Weerd: Okay. We will move to our next item 8-B under public comment on a proposed outdoor sales and temporary use code update. I'll turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. You have in front of you a draft ordinance with some changes to our outdoor sales and temporary use ordinance. I will highlight what they are specifically. Under temporary sales units currently the requirement is that the operator of the temporary sales unit must not only identify the dates of sale, but cannot exceed more than 60 days, whether they are consecutive or not, within in a calendar year. The proposal is to expand that to 90 days. On outdoor markets, there currently is an allowance of 20 six square foot signs -- a two -by -three foot sign and four 32 square foot, so a four -by -eight foot sign. This proposal is to bring that down from 20 to four of the two -by -three foot signs and two of the four -by -eight foot signs. So, a reduction in the number of signs that would be allowed for an outdoor market. Under garage sales currently the ordinance reads that you're not entitled -- you're not allowed to have more than four garage sales for a 365 day period. This is an amendment to make it within a current calendar year. From a tracking purpose it's a little difficult to track the 365. For temporary construction sites there is some additions that would be -- that would make it unlawful to store any construction materials in the roadway, unless they had a permit from the right of way agency. We have been finding in a number of subdivisions that are getting built they store a lot of material in the roadways, yet there are people living sometimes in these subdivisions with all this material still in the street. Also that they have to have an enclosure for trash so they don't have trash that gets scattered or blown around the subdivision. So, those are the changes that are being proposed. This is an opportunity for any discussion if you wanted public input. We do have one letter I think on the public record from the clerk's office in your packet and that was from a temporary sales unit from last summer. And any questions? De Weerd: Thank you, Mr. Nary. Council, any questions for Mr. Nary at this point? Bird: I have none, Mayor. De Weerd: Okay. I do have a person who has signed up on our sign-up sheet signed up against. Bill Egner. Would you like to provide comment? Thank you for joining us. If you would, please, state your name and address for the record. Egner: It's Bill Egner. E -g -n -e -r. The address is 10400 Overland Road, No. 266. That is Boise, Idaho. 83709. De Weerd: Thank you, Bill. Egner: I'd just like to comment and find out a little bit more in depth. I was just made aware of this through Nancy Radford as of Friday afternoon and the changes. We own Meridian City Council March 20, 2012 Page 10 of 27 and operate Meridian Farmers Market, of which this directly affects. We have been doing the market for over seven years. It will be our eighth year. From what I understand to go from -- 1 actually thought it was 24 signs down to four -- I think to begin with that's a significant decrease, if you will, considering our signage that we put up is professionally done, it's not of the fluorescent poster paper handwritten, but they are actual professional graphics, et cetera, and they exist on Saturdays for four hours. Approximately they go up right around 9:00 o'clock and they are taken immediately down afterwards at closing at 1:00 o'clock. That is our main form of advertising and consistent with the fact that we have been transient in the past, we now have a permanent location as long as we do adhere to our TUP and to the requirements of our landlord there at the Meridian Crossroads Shopping Center. We post our signs to make sure that they are not in any danger as far as foot traffic on the sidewalks, et cetera, nor do they impede traffic, bicycles, et cetera. So, I would like to at least ask the Council to postpone this decision at least on the signs. I'm not clear -- like I said, because I did not see the full sheet. There were two e-mails that were sent to me. One with an error that was first sent me from Ms. Radford and, then, subsequently the follow-up I did not receive to go through it, but I did talk to Council on my end, as well as the landlord and vendors that participate and they would like to have a say and be heard on this, because it affects not only what we do, but it also affects quite a few of the vendors of which we have attending each week. And the signage goes up just on Saturdays and it's there for 22 weeks, to give you an idea. Whereas I'm not sure if this was directed towards -- I know some of the signage -- the Red Barn and some of the others I don't know the names of them, the outdoor markets that are -- there is one that is over in the Albertson's parking lot, from what I understand similar time frame, but they are there every day of the week, whereas we are not. And, like I said, we do take care in putting something out that's easy to look at, it's professionally done and it's not -- I don't think something that's an eye sore, if you will, for the community. We have been doing it, like I said, the same way for seven years and that's it. De Weerd: Thank you, Bill. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just to be certain, in counting the signs are you talking that you have a lot of signs that are just generally identifying the farmers market or are you counting signage that would be on each booth for each vendor? Egner: No. Just specifically out along the sidewalk area that is actually on the landlord's property. They are, for lack of better terms, a sandwich board type sign and they denote the actual logo, which is a Meridian Farmers Market logo, and, then, there might be a vegetable sign, if you will, that's colorfully done, but tastefully done and there might be a barbecue sign, et cetera. There is just different varieties. But the focal point is actually to advertise the Meridian Farmers Market. And that's essentially it. Meridian City Council March 20, 2012 Page 11 of 27 Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question, Bill. You had mentioned that it's just Saturdays for 22 weeks now. So, you're not leaving the signs out all week long. Egner: No. Not at all. Hoaglun: You're just putting them up and then -- Egner: It's literally four hours. It's from 9:00 a.m. to 1:00 p.m. they come down, so -- and I wasn't clear on the e-mail that I received, but it sounded like I believe, Mayor, you had posed the e-mail out there about the concern about the signage and I'm not sure if that's correct or not. So, if the -- the scenario of somebody else, all I know is what we do is from 9:00 until 1:00. So, you know, they are taken down, reloaded into our trucks and unloaded on Saturday mornings etcetera, and taken down afterwards. Hoaglun: Okay. Thank you. De Weerd: Okay. Any other questions from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: And this may be a question for Mr. Nary. I like the idea of limiting the number of signs and most operations wouldn't be the size of what we are talking about with the Meridian Farmers Market. Would it be an option to -- rather than change the number in the new ordinance, to leave that number, but add an ability to apply for more signs, so that there is somebody that would review whether that's okay or not and possibly be able to approve this application, but still not change the ordinance, so that most -- most people, if they get their temporary use permit, it limits it to the four signs, but he would have the opportunity to say I need to apply for more than that? Nary: Madam Mayor, Members of the Council, Council Member Zaremba, I mean certainly I guess the concern I would have for planning is by what standard is more appropriate? So, if you -- right now the ordinance is 20. The proposal is four. So, if it was to leave it at 20 and they can apply for more -- I mean they can do that now, but I don't know what standard we would create and maybe Mr. Chatterton or Mr. Friedman have some thoughts, but I don't know what standard we would create for what -- why -- if we said we limit it to four, but you can apply for more, what would their basis be to grant more. Everyone would want more most of the time. So, that would be my only concern is how do we create an equitable standard to allow you to have more than that Meridian City Council March 20, 2012 Page 12 of 27 or bigger or whatever. I mean, again, most of the people would always want more and they would always want bigger if they could. Zaremba: That's an excellent -- Madam Mayor. That's an excellent question that I hadn't thought of just off the top of my head. I would require that beyond the four signs that they be a professional sign, as he has said they are, so that we are not just automatically approving handwritten signs and day glow orange and that sort of stuff. I'm just -- 1 guess my question is to all of us, would we want to work out some parameters for accepting more. People that are only going to have four signs don't need to go through it and they actually could probably be ugly signs, but that we make a provision for allowing more than that if they are some criteria that are met. I agree we are adding another level of administration and bureaucracy, but I -- you know, we always have circumstances where somebody is doing it right and we appreciate that. Most of the ordinances aren't written for people that would do it right in the first place, they are written for the people who won't. But I guess my question is is there a way to solve both problems? De Weerd: Well, I think some of it is based on what was discussion bringing it from 20 to four. Is it frontage of -- of the property that -- and limiting that there are only so many feet or -- I don't know, since we were not partof the discussion in coming up with the limits, what it meant. Because certainly 20 signs in a hundred feet are an assault on your senses, where 20 signs on a half mile of berm might not be. So, I think some of it has to be on some of the discussion going into it. Pete or Bill? Egner: May I make a comment? Whether or not it could be exempt for what we do, because our whole base is to bring people to the community and where we are tied to the tourism board, where we actually publicize so people can find us and it's based on four hours every Saturday for 22 weeks. And we are not talking about a long drawn out Monday through Sunday environment, we are talking about people that drive in from the hotels, that come in through the Oregon tourism side that we promote and go after, to our local area, and, then, outside greater outlying areas and they come and they try to find us. It's not like we have a permanent sign that's up on a billboard that's says here we are. This is how they find us is by looking at the signage and looking for it there and, like I said, we don't put out something that's slock. It's a lot of money tied up in signs that has been there for a reason to draw attention to the actual branded logo for the community for, you know, the betterment of the vendors and the community, et cetera, et cetera. So, I only ask that if there is a way to exempt that -- we have been pretty methodical and have never had any complaints in seven years, nor have we had any issues tied to traffic -- you know, incidents related to what we do, we have never had any liability claims in insurance, et cetera. So, I appreciate the observation that we try to do things by the letter of the law or the TUP, if you will, to make things work out right and we are a small operation. Mayor, you have been there from day one. You have seen what we do. It's a family operation. Myself, my wife, and three kids and a couple staff. That's it. So, I ask for exclusion, rather than inclusion in a four sign environment if that's at all possible. That we can continue to grow, especially now that we have a Meridian City Council March 20, 2012 Page 13 of 27 planted base to where we know we can be there as long as we don't do anything wrong. The landlord and the tenants in that shopping center are very appreciative of what we do to draw people to the area, specifically families. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I guess from a legal perspective I don't see how we could grant an exclusion for Mr. Egner. All businesses can tell you the same thing. They draw people. They bring patrons to our community. They spend their money. So, from a legal perspective it's difficult to draw that as a dividing line. The reason why when we craft an ordinance like this we end up really at the end of the day talking about the number and the size is because it's objective. When we deal with the subject things that you are discussing it's more problematic from both a legal sufficiency perspective, as well as enforcement. It's difficult to address quality of signage, because some people may think having a handwritten sign is a draw to their business. If they are having a lemonade stand a hand -made sign probably would bring people and the kid couldn't afford to go get a professional sign done. You're going to get people that are going to want larger or bigger or more signs all the time, so, again, we deal with really what the courts have supported, which is the number of them, the size of them. Now, location certainly can be something we can look at. Separation is something we could certainly look at as an alternative. The whole purpose of sign limitations is to avoid the clutter, the impact on traffic as they are going down the road -- like the Mayor said, if you have a -- if you have a hundred yards of frontage and you have 20 signs every four feet, it makes it a little bit more problematic than if you had a half a mile. So, we could certainly look at a couple of those things if that's the Council's desire in coming up with standards. My only caution -- and certainly Planning may have a concern as well -- is the more standards you create the more difficult enforcement you create as well. When you have hours -- you know, you allow four, but not five, then, someone has to go out at four and a half hours to make sure they are all gone. If they have to be ten feet apart we have to make sure they are not 11 feet apart and they are not eight. So, some of those things are much more problematic. Again, that's sometimes why we end up at number and size are lot easier to deal with. Not that we can't do those things, just, again, be thoughtful of that in trying to create some of these standards that you would like to have that may be difficult to enforce or it may be difficult to address. But we could certainly do any of those things you'd like to do and, again, Planning may have a different perspective or maybe they have had more person contact from individuals about clutter or number and those kinds of things. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Bill, you give me an answer, but not clear enough for me. What -- how did we Meridian City Council March 20, 2012 Page 14 of 27 determine to go from 20 signs to four signs? I mean I have seen 20 signs put up that looks very nice and I have seen four that looks like crap. But how come we all of a sudden are telling people we want the business in here -- and they are not going to -- I hope they are not going to try to -- you're going to always have somebody that detracts from their business or wants -- but most of them want to be productive and have the right signage and stuff and sometimes 20 works and it don't have to -- and it can be in an enclosed area or a close area. Four signs in a large area might not be right. But I think if they are done right and stuff -- I don't know why we have to go from 20 signs to four signs. I mean I didn't realize we was having problems like that. So, I just don't understand why all of a sudden we are down 16 signs personally. De Weerd: Well, it's also consistency. You just told the fireworks stand they can only have two signs. So, it is trying to find some standards and fairness -- take away some of the -- the subjectiveness and what is enforceable and I believe that's what the attempt was in this. And certainly signage during the economy was of interest to our -- not only temporary events, but our permanent brick and mortar businesses, so I -- I don't know what the discussion was behind the proposal that is in front of you, but I guess that's why I asked if there was something that we were trying to obtain from, other than just 20 signs. Egner: Mayor, Council, for me to this side, as far as looking at it, I understand the concerns with fireworks, et cetera, but, in reality for my business it applies to four hours. It's that simplistic. And I don't see how in a course where we go from Goodwood Barbecue to Applebee's with our signs, they are properly spaced to where they are not jammed 20 in one area and they are properly spaced and they are there for four hours. Nothing more, nothing less. And I can't possibly see how that impedes any issues when it comes to a sign ordinance, fairness, et cetera, et cetera. Because we are not talking seven days a week, we are talking four hours, and I really find it hard to believe that we should be subjected to that having done it for seven years and as Mr. Bird said, there has never been an issue and to go from that -- that number to the other to me it seems absolutely, at least on my business side, crazy, because it is four hours. De Weerd: But, Bill, you didn't have 20 signs when you first started and, then, you were in Boise -- Egner: Actually, we were right down here across the street. There were more than -- De Weerd: Okay. Sir, you can talk when I recognize you, but right now I was talking. But the point is you were also in Boise and I don't know what their ordinances are, but you were at Boise first, you fell under Boise's ordinances, not Meridian's and so I think last year or the year before is when you moved back into our city limits and fell under our ordinances and I will tell you that every business thinks that they are unique and different than anyone else and what we have to be sensitive to is fairness to everyone, not just one -- one business over another and that's what our ordinances and our staff try to balance is fairness to everyone and so I know yours is different than a lot of Meridian City Council March 20, 2012 Page 15 of 27 others, but I think we could get a lot of different people standing in front of us saying the same thing. So, it is trying to find what is fair to everyone. Our current business community that is there 24/7 versus our temporary and temporary opens up to a lot of different types of activities that are going to be out there and they are all unique and distinct. Egner: May I speak -- may I speak, Your Honor? De Weerd: Yes. Egner: Or Mayor. Essentially we have been in the Meridian TUP or under the guise of the TUP for the City of Meridian for the last four years. We were at city of Boise up there and, then, we went from there to the area in Meridian next door to the Lowe's parking lot and, then, to Corey Barton parking lot on Overland and now to where we are. So, it's been four years, Your Honor -- or Mayor. De Weerd: Time flies when you're having fun, uh. Egner: So, we have had more than -- De Weerd: Thank you. I stand corrected. Hoaglun: Madam Mayor, question for Mr. Nary. Bill, as I read this, they could have four temporary signs not to exceed six square feet, so two by three like -- it sounds like a sandwich board is what you have up, but it does not allow them -- if they don't have a four by eight and didn't desire, they didn't desire, they couldn't add two more of the two by three's, could they, the way it's written, they either have to -- maximum four of the two by three and maximum two and they couldn't substitute the smaller sign two additional to add to the four the way it's -- as I read it it's just maximum four of this size and maximum two of that; is that correct? Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, that's correct. I guess an alternative, if you would like to consider -- again, keeping to the number is just, you know, some number that you feel appropriate and up to a maximum size. So, you know, if you want a certain number no larger than a certain amount, but, again, you could have smaller -- you could say, you know, eight signs -- maximum is eight, you know, four by eight. I don't know how many people are going to put up eight four by eight signs, but they could put eight two by three signs if that's what they wanted. So, it would give them some flexibility, so you could pick a number between -- again, our intent really just to deal with the request of -- deal with the issue of sign clutter and, then, trying to balance this ordinance versus the other ordinances that have sign limitations on them. None of them has as many signs that are allowed for them as much as this one. All the rest are two to four signs apiece and so we were trying to make it more consistent with the others. Meridian City Council March 20, 2012 Page 16 of 27 Hoaglun: And, Madam Mayor , just to talk out loud about this, think out loud if you will, when I was listening to Councilman Zaremba's question, you know, it seemed like to me -- I don't know if he was going in this direction, but the farmers market itself could have four signs, plus two of the larger, and if Wild Bill's Fudge was there they could put up that many signs and Suzy's Plants could also put up that many signs -- I didn't know if that's what you were thinking of and I don't know if, Pete, you might have to weigh into that, is does that allow that or is it -- since it's in the same outdoor market are they limited to the six signs total. De Weerd: It's under the TUP. Hoaglun: Oh, it's -- okay. It's that one permit, isn't it? That market has the one permit, so they are limited to the six, so -- Egner: That's what we tried to accommodate as far as picking up the cost and absorbing that cost a long time ago, because the individual vendors, not needing to put out signage, to draw attention, you know, to come to the event themselves. Hoaglun: Madam Mayor, question for Bill. How many -- how many do you have right now - or will you have like this summer estimated vendors? Egner: Right around 20 and, then -- because we pulled some out if they are broken or whatever the case may be, but it's pretty close to 20 we have always had and, then, two banners. That was based on we went off the stipulation, what was in the TUP. Now, based on what Mr. Nary said, I know the banners -- they weren't four by eight, they were like two by whatever and they were put, you know, on stakes in the morning and, then, they are again taken out, but they were a different configuration. It was based on the TUP as far as what I recall was based on square footage. Hoaglun: Yes. Madam Mayor -- Egner: And you just -- you just, you know, diagramed it or whatever based on square footage. De Weerd: Mr. Hoaglun. Hoaglun: Yes. And it's based like the larger ones are 32 square feet, so they are if they are two by 15 that's 30 square feet or two by six, which probably normal could do that. How many signs, Bill, did you put up this past year? Did I hear that number? Egner: It was pretty close -- I want to say it was 20 -- I know that there were 20 of the smaller ones. I'm pretty sure it was 20. 1 thought it was initially 24, but it was what the TUP, you know, recommended or allowed and, then, I believe there were two of these 32 square foot, which I think we used two by 16 foot vinyl banners that were just rolled out, put up, and, then, taken down. So, they weren't of the configuration like a sandwich Meridian City Council March 20, 2012 Page 17 of 27 board. Hoaglun: Okay. And, Madam Mayor. Bill, were those at your outdoor market, the vinyl banners? Egner: Correct. And they have been almost since day one. So, as I said, we are going into our eighth year. Hoaglun: Okay. Thank you. De Weerd: Okay. Any further questions from Council? Okay. Thank you. Egner: Thanks. De Weerd: Additional testimony? Any comments from anyone else? Okay. Pete or Bruce, any -- anything further from you? Chatterton: Nothing at this point, Mayor. De Weerd: Okay. Council? Rountree: Madam Mayor, a question for both Pete and Bruce. Getting to the question of consistency, how does this relate to Boise's TUP or maybe Nampa, Caldwell? Chatterton: Madam Mayor and Councilmen, this is to my mind -- I'm not very familiar with Boise's similar ordinance in terms of being able to compare the standards. This is a more coherent ordinance, though, just to typify it that way. There are actual standards involved with it. Boise standards were somewhat less coherent, less rigorous than these and I can't compare for the other cities. Rountree: Okay. Thank you. Hoaglun: Madam Mayor, just to comment, I have been mulling over what is consistent for us, because as Councilman Rountree pointed out, consistency is something we strive for, because we -- we try very hard to be consistent and one of the things -- someone mentioned the fireworks ordinance and -- I think you did, Mayor, about -- and we allowed two signs, plus, of course, signs -- a sign on their facility itself and I got to thinking about that and I kind of pushed for that, because of a fireworks stand that is at a corner could go with two signs and that way one on each corner and attract that visibility. And so, then, I take that and I go, okay, if they were on a -- they were at a corner and do they wish to advertise, if I apply that two signed consistent measurement to that and they are at a major intersection, well, they could go two, four, six, eight if they so desired and I come up with eight. How we come to that number that's my struggle here is, okay, 20 to four, somewhere in between, what is that number that's the right number and that's -- that's the difficulty of these things, because it's -- it's kind of Meridian City Council March 20, 2012 Page 18 of 27 arbitrary. We know clutter when we see it, but -- you know, but it all depends on how that's put out there and that's -- that's the difficulty in something like this. So, I was thinking eight of the -- of the two by three, just because in my mind that's consistent with fireworks stands, if there was one at each corner you could see eight signs advertising fireworks at an intersection, but -- so do you let an outdoor market have eight signs consistent with the fireworks stands, so -- that's just one way my mind worked. De Weerd: Any further comments? Questions? Council, would you like to hear from Mr. Egner again? Rountree: Sure. Egner: Just briefly. De Weerd: You will need to come up front, please. Egner: Just a brief comment in regards to Mr. Chatterton. In reference or what was referred to as our short stay at the Boise Community Center, which we weren't aware of at the time was actually on Boise property. We complied with the TUPs there and there were no issues regards to the same signage that we have been using per their requirements and never had an issue with theirs as well. And I'm pretty sure it was either 20 or 22 of the exact same signs, because we didn't have to reintroduce them or refabricate them. So, that was allowed through the city of Boise as well with no issue, just as an FYI for the Council. De Weerd: Okay. Thank you. Ender: Thank you. De Weerd: Okay. Council, what is your desire on this item? Rountree: Madam Mayor, I -- my concern is the -- the extreme pendulum swing here from 20 to -- or six to three or whatever the numbers are and being able to explain that and I can't explain that to myself. My desire is to see that there is some kind of consistency between what we would allow and what would be allowed in other communities. I would suggest that a motion might be in order to keep this hearing open and ask staff to do a little more research and give us a little more information than we have as to why we are where we are and, then, I can make a little more informed decision, but right now I'm not comfortable with just saying that's the way it's going to be. Bird: Was that a motion, Charlie? I'll second -- Rountree: I would -- Meridian City Council March 20, 2012 Page 19 of 27 De Weerd: We don't need a motion. This isn't a public comment on a proposed ordinance change. Rountree: It's comment. Okay. Bird: We can continue -- De Weerd: We can certainly reset this -- Rountree: Let's just -- let's -- do we need a date certain to bring it back for consideration? Nary: Madam Mayor, Members of the Council, what I would suggest is that maybe -- we can certainly have a meeting with Mr. Egner and maybe some of the other businesses and see if there is some medium ground that we can figure out. Obviously, it's no one's intention to hurt anyone's business, but we are trying to balance the other ordinances. I'm looking at Boise's ordinance here and they don't have anything specific. Mr. Chatterton's right, it's not -- it's not very concise and it doesn't deal with this type of event. It deals with community events, which this isn't, and it deals with temporary events, which doesn't really fall under their ordinance. So, they don't really have something that really addresses this specifically. So, we could certainly-- I wouldn't propose a date certain, unless you would like. I mean we could bring it back at your workshop maybe in April. Bird: That would be good. Nary: And maybe that would be a -- and, then, we could at least report back on some discussion, we could look at other communities, talk to Mr. Egner, see if there is a way we could find something that would be satisfactory to everybody, sort of like we did with some of our other recent ordinances. Rountree: That would be my preference. De Weerd: Well -- and certainly, Bill, as you discuss it to -- to find things that are easy to explain how this might be consistent with our fireworks stands and that sort of thing. Nary: Sure. De Weerd: Because anything we are willing or not willing to consider there. It's just trying to find that consistency. Nary: Absolutely. Hoaglun: And, Madam Mayor, just to comment on the other sections that were changed, I was satisfied with everything else on that. Meridian City Council March 20, 2012 Page 20 of 27 Bird: I was, too. It's just the sign limits De Weerd: You need to speak into your microphone, please Bird: It was - like Charlie, the 20 to four just blew me out of the water. I couldn't figure out why we -- and I don't compare a farmers market or a TUP to a fireworks stand. A fireworks stand is a two week thing and -- De Weerd: Okay. Well, then, to a garage sale or to a yard sale or to a school fundraiser. Bird: They are in there. Fundraisers. You limit the fundraisers. De Weerd: Okay. Mr. Bird, I think we just need something that we can explain. Bird: I agree. Nary: So, Madam Mayor, Members of the Council, are you okay with bringing the other three sections back, bringing those forward, we will take this piece out and we will bring this back separately to your April workshop for discussion, but we can bring the other ones forward for approval? De Weerd: Uh-huh. Bird: Yeah. Hoaglun: I'm fine. Rountree: Yes. Yes. De Weerd: Does that work? Bird: I'm fine with that. Rountree: That works. De Weerd: Okay. Okay. Very good. And so that's the second Tuesday of April. Bird: At 3:00 o'clock. De Weerd: And, Bill, I'm sure staff will be working with you anyway, so you will know what specifically date, but for the record it is April 10th. Zaremba: I would add that our April 10th meeting is at 3:00 o'clock, not at 7:00 o'clock. Meridian City Council March 20, 2012 Page 21 of 27 De Weerd: Okay. Zaremba: 3:00 p.m. Yeah. Here. C. Ordinance No. : First Reading - Outdoor Sales and Temporary Uses Code Update, Increasing Time Limits for Temporary Sales Units and Garage Sales, Adding Standards for Temporary Construction Sites De Weerd: I'm sorry, you can ask questions to staff and they can get you further information. We can't have a conversation this way. Okay. Okay. So, Ordinance 12-0506 -- because that will have a change to it we will put that on the next month -- or next week's agenda for the items that you feel comfortable with. Okay? Rountree: Yes. Item 9: Department Reports A. City Clerk's Office and Planning Department Joint Report:, Fee Waiver Request Received from Joe and Leslie Palmer in Response to a Possible Application for a Certificate of Zoning Compliance Verification and City Council Appeal De Weerd: Okay. Item 9-A has been vacated. Mr. Nary, we don't need a specific motion to consider the withdrawal of that? Nary: Madam Mayor, probably just for the record a motion to vacate Item A is all that is necessary and you don't need a roll call vote, just a voice vote. De Weerd: Okay. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we vacate 9-A. Rountree: Second. De Weerd: I have a motion and a second to vacate 9-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council March 20, 2012 Page 22 of 27 B. City Clerk's Office and Planning Department Joint Report: Fee Waiver Request Received from Lois Garcia in Response to a Possible Application for an Accessory Use Permit and City Council Appeal De Weerd: Okay. Item 9-13 is under Mr. Friedman. Friedman: Thank you, Madam Mayor, Members of the Council. Before you is a request from Lois Garcia for a -- two fee waivers, actually. The first one would be the fees for establishing an accessory use permit for a home occupation and the second one would be a request for waiving the fees of a City Council review that would likely result in the possible denial of the home occupation permit. Mrs. Garcia has been having conversations with staff about opening a beauty salon in a detached structure at her property at the corner of East 4th and Carlton and in discussions with her -- and I think as Council is aware, our -- right now home occupations are to be conducted entirely within the existing residence on the property. So, the Council is vested with the authority to waive in whole or in part any fees that might present a hardship to an applicant. So, Mrs. Garcia is here I believe tonight to address that. We are not undertaking a discussion or -- of that actual home occupation permit, but the action would be actually a waiver in whole or part of those fees and dependent upon Council action or whatever decisions Mrs. Garcia wants to make in terms of her future business, then, we would proceed forward. De Weerd: Okay. Council, you do have the request in front of you. If you have additional questions for the requester. Or, Mrs. Garcia, if there is anything in addition that you want to add that was not in the letter. We have this fine line between what the application would be and what -- the request for the fee waiver. So, it's -- we want to make sure it's kept to just the fee waiver request and if you have anything to add that's not in your letter I would invite to you come forward and share that. Okay. Council, any questions for Mrs. Garcia? Bird: I have none, Mayor. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: My comment is that I don't -- I don't necessarily see at this point a reason to support the request for a waiver. If this needs to be heard and Mrs. Garcia wants to bring this forward, bring it forward, but I don't see any reason why -- that I can support waiving the fees. These requests cost us a lot of money in terms of public hearing notices and staff time and the rest of the citizens in Meridian have to -- have to pay for those. So, that's my position. Madam Mayor, I would also point out that this whole matter of home occupancy is going to be subject to some discussions by the Council in a workshop. Do we have that scheduled for a date, Pete? Meridian City Council March 20, 2012 Page 23 of 27 Friedman: Madam Mayor, Members of the Council, Council Member Rountree, I have been looking at the April 10th workshop. We have been doing research along over the last couple three weeks at the staff level and we will be ready to come to you on April 10th with sort of a summary of our existing regulations and a summary of the research we have done on that, so we are fully prepared. Rountree: Thank you. And, then, I would add that this question might be moot at some point after that, depending on the information we receive and where we go with that conversation. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would join with Councilman Rountree in the thought that the -- the purpose for the fees in the first place is to cover our expenses for applications that benefit one person or a very small selected group of persons and are not of general benefit to the whole city and the point of the fees is that the general citizenship not to pay for a single application made by individuals and I agree with him, I don't see an ability to waive these fees, because we will go through a process and have the public hearing and those expenses need to be paid by the person that's requesting that activity. De Weerd: Okay. Thank you. Any additional comment? Hoaglun: Madam Mayor, just to comment. There are -- we are going to be taking another look at this home occupation and different things like that and I'd really like to see what comes from that before we really get far down with this and acting on this particular one. But I generally agree with what's been said. To get into a business is -- there are costs involved and it just isn't fair to throw it to the other taxpayers. I mean everyone complains about taxpayers subsidizing businesses and that's -- you hear it at the federal level every day and we have people saying we got to quit doing that and -- but -- and we should not be doing it at the local level, so -- but I'd rather see what happens with this and see where we go on that and things may be changing for the applicant down the road or not, but as far as the fee waiver request, it's not something I want to do. De Weerd: Okay. I'm getting a sense of the direction from Council, but I would ask staff that -- I'm sure Mrs. Garcia is sitting out there wondering what on earth we are talking about in terms of considering our home occupation ordinance and that sort of thing. So, if you can share some of the background on that and some of the information that you have been talking to I would greatly appreciate that. Friedman: Sure thing, Madam Mayor, Members of the Council. I haven't looked at detail of what we found, but just to step back, of course, the whole purpose of our home Meridian City Council March 20, 2012 Page 24 of 27 occupation regulations is to -- you know, is to allow some latitude in the use of a residential dwelling for a business enterprise while maintaining the residential character for the use and enjoyment both of the resident and their neighbors. And so generally when it really comes to regulating home occupations, it comes down to two general subject matters, one being the operational characteristics, like number of employees, if any. Number of off-site visitors, if any. Number of deliveries, if any. Hours of operation. Those sorts of things. And, then, of course, the other one is in appearance and the intent of our regulations and many others is is that you drive by, you look at a residence where a home occupation is occurring and other than maybe a small sign or something like that, it is to give the general appearance that -- that the principal use of the property is residential and it remains that way. One of the things we had do, of course, is we restrict the square footage of the amount of the residence to 25 percent of the dwelling that can be used for the business. You can store materials in the detached structure, but you can't conduct the operation out of the detached structure currently. One of the things we will probably be looking at is if it's the Council's desire to loosening that up a little bit with some restrictions on that. I know, for example, physically it's different -- particularly out in the county you might have a 1,500 square foot residence, but you might have a 3,000 square foot accessory structure where a home occupation is being conducted and so, again, it really gets down to operations and appearance and so in talking with staff we have been looking at ordinances around the country. APA has -- American Planning Association has some literature that we have been reviewing. I now have a couple websites that I have sent staff to to look at codes from other cities and right now sort of the overview is we are pretty much in alignment with what's going on in other cities and other areas of the country. That being said, I -- you know, I think it certainly is worth having a conversation about our current regulations where -- if it's the Council and Mayor's pleasure to kind of take an examination of what we do and have that. What I would counsel is that if we get some direction at that April 10th workshop, then, we would have to prepare the code amendment, take that to P&Z. I think we could probably do it probably say and have it to P&Z in May, that would be the earliest, June probably the latest, for their consideration and, then, or course, the public hearing and, then, have it back to you, you know, four weeks later. So, best guess is if we got to P&Z in May, we might get it to you in June or early July -- probably worse case is if somehow we miss the May amount of hearings, get it to P&Z in June and, again, back to you maybe late July or early August, so I don't know if that helps, Mayor, or if you want some more details on that or not. De Weerd: No. I think that's good detail. Council, any questions on that? Bird: I have none. De Weerd: Okay. And certainly in the home occupation realm is that -- that service what qualifies within those districts. Certainly we want to bring services close to the residents that will be using them and what's compatible within that neighborhood. Council, you do have a different type of request in front of you. Counsel or Mr. Attorney, is -- we do need action on this request. Meridian City Council March 20, 2012 Page 25 of 27 Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would move denial of the fee waiver request on Item 9-B. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion on that motion? Rountree: I have none. De Weerd: Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Works: Approval of Pipeline Crossing Agreement with Union Pacific Railroad for a Water Line Crossing of the Railroad at Meridian Road for a Not -To -Exceed Amount of $11,000.00 De Weerd: Item 9-C is under our Public Works Department. I will turn this over to Mr. Dees. Dees: Madam Mayor, Members of the Council, this one -- this first one you have here is requesting approval of a pipeline crossing under the Union Pacific Railroad tracks at Meridian Road for the purposes of installing a new water line, a 12 inch water main. This is necessary when we do the split corridor to replace that water main, because the one that's there is pretty much deteriorated and needs to be replaced. I will be happy to answer any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council March 20, 2012 Page 26 of 27 Zaremba: I move we approve Item 9-C for an amount not to exceed 11,000 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-C. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. D. Public Works: Approval of Pipeline Crossing Agreement with Union Pacific Railroad for a Sewer Line Crossing of the Railroad at Meridian Road for a Not -To -Exceed amount of $2,000.00 De Weerd: Item 9-D. Also to Mr. Dees. Dees: Madam Mayor, Members of the Council, again, we have a line crossing request for approval crossing the Union Pacific Railroad again at Meridian Road. With the split corridor improvements that are about to take place this one is for the sewer lines, a 21 inch sewer line. Again, it's to upgrade the sewer line to make sure it will hold the capacity it needs to hold. It's almost at the end of capacity now. It's not quite surcharged, but it's quite full, so it's appropriate that we upgrade that pipe when we put in the new road. I will stand for any questions. De Weerd: Thank you. Council, any questions? Rountree: I have none. De Weerd: Seeing none -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Item 9-D for an amount not to exceed 2,000 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-D. Seeing no discussion, Madam Clerk. Meridian City Council March 20, 2012 Page 27 of 27 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All eyes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: Future Meeting Topics De Weerd: Item 9-E and F were moved to the Consent Agenda at the beginning of our meeting and so that brings us Item 10 under Future Meeting Topics. We discussed a couple this evening. Anything else for the good of the order? Rountree: I have none. De Weerd: Okay. I would entertain a motion to adjourn. Bird: So moved. Zaremba: Second. De Weerd: I have a motion and a second to adjourn. All those in favor way aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:15 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 00 1 . I I � Z4 WC2 q /3 MAYORT Y DE WEERD DATE APPROVED o�rzecy ofscAvc� ATTE T: �0°44 9�w YCE OLMAN, CI Y CLERK IDANQ ��, SEAL effbe TREl+S'4 Sterling Codifiers, Inc. 11-5A-7: FEES: Page 1 of 1 In the application of fees for the review of permit applications, the following rules shall apply: A. Basis For Calculation: For any requested public hearing involving more than one classification of a petition or application, the filing fee shall be calculated on the basis of the cumulative fee for the individual application(s). B. Waiver Of Fee: Notwithstanding any of the preceding fee schedules, the city council shall have the authority to waive in whole or in part any application fee when such a fee would present a hardship. An applicant for a hardship waiver must present the request in writing to the city council, outlining the degree of such hardship. C. Fees Not Refundable: Fees to be charged for the various procedures stated above are not refundable, except where a petition or application is withdrawn at least three (3) weeks prior to the date of its scheduled public hearing, and then only after order by the city council. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) http://www.sterlingeodifiers.com/codebook/printnow.php 3/20/2012 Changes to Agenda: None Item #8A: Olivetree at Spurwing (TEC -12.003) Application(s): ➢ Preliminary Plat Time Extension Size of property, existing zoning, and location: This site consists of 20.51 acres, is currently zoned R-4 & R-8, and is located north of W. Chinden Blvd & west of N. Spunving Way. Summary of Request: The applicant requests approval of a 2 year time extension on the preliminary plat in order to obtain the City Engineer's signature on the final plat. This is the third time extension requested by the applicant. The approved preliminary plat consists of 65 single-family building lots & 6 common lots on 20.51 acres of land; 18% of the site is proposed to develop as open space. Since the last time extension request, deficiencies in the sanitary sewer system in Jayker Subdivision where this developments sanitary sewer effluent is planned to flow have been resolved. Additionally, the UDC has been amended to require the property owner to post a performance surety with the City in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. Additionally, the property owner is required to post a warranty surety with the City in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for a duration of two years. Staff recommends these new UDC requirements be included as conditions of approval of the current time extension request. Written Testimony: Shari Stiles, Applicant's Representative (in agreement w/staff report); Dave Szplett, ITD (no objections) Outstanding Issue(s) for City Council: None Staff Recommendation: Approval (until February 20, 2014) Notes: Meridian City Council Meeting DATE: March 20, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of January 24, 2012 Precouncil Meeting MEETING NOTES pwro-ve 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 20, 2012 ITEM NUMBER: 5B PROJECT NUMBER - ITEM TITLE: Approve Minutes of January 24, 2012 City Council Meetinq MEETING NOTES RP�VUQ CA 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 20. 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of February 14, 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 20, 2012 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Approve Minutes of March 7, 2012 Special Meeting MEETING NOTES AwywecI 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 20, 2012 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Approval of 2012-2013 Beer/VVine/Liquor License Renewals MEETING NOTES tt l c TP-PrN Q 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 Meridian City Council Meeting SC DATE: March 20, 2012 ITEM NUMBER: , PROJECT NUMBER: ITEM TITLE: Clerks Office: Approval of New Liquor License for FCO Meridian LLC dba Flatbread Community Oven Located at 830 N. Main St. Suite A. This Item is Pending Approval from Ada County MEETING NOTES KAMe-A -to C©rtSe.n�- 'q-Ppru\xd 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 J6 - DATE: March 20, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Clerks Office: Approval of Beer, Wine and Liquor License Renewal for FCO Meridian LLC dba Flatbread Community Oven Located at 830 N. Main St. Suite A. This Item is Pending Ada County Approval. MEETING NOTES MOv2A 4 COnseX\T 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 20, 2012 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: First Addendum to October 15, 2011 Memorandum of Agreement for Rental of Rocky Mountain High School Auditorium MEETING NOTES pf�pfov eon Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FIRST ADDENDUM TO OCTOBER 18, 2011 MEMORANDUM OF AGREEMENT FOR RENTAL OF ROCKY MOUNTAIN HIGH SCHOOL AUDITORIUM This FIRST ADDENDUM TO OCTOBER 18, 2011 MEMORANDUM OF AGREEMENT FOR RENTAL OF ROCKY MOUNTAIN HIGHSCHOOL AUDITORIUM ("First Addendum") is made this .2O_ day of4tMA 2012, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Joint School District No. 2, a school district organized under the laws of the State of Idaho ("District"). WHEREAS, the Meridian Parks and Recreation ("MPR") and Meridian Arts Commission ("MAC") wish to extend the hours of reservation and rental of the Rocky Mountain High School auditorium, located at 5450 N. Linder Road, Meridian, Idaho, to City for the dress rehearsal and performance of the Missoula Children's Theatre performing arts project "The Wiz of the West," on March 23 and 24, 2012, a youth program of MPR and MAC; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the recitals above, which are incorporated herein, City and District agree as follows. A. Updated Rental Usage Agreement. All terms and provisions of the Updated Rental Usage Agreement, concurrently executed by the parties and attached hereto as Exhibit A, are incorporated herein by reference as though set forth fully herein. The Updated Rental Usage Agreement is intended to supersede the Rental Usage Agreement executed by the parties on October 18, 2011. B. All other terms apply. Except as expressly modified by this First Addenum, all terms and provisions of the Memorandum of Agreement for Rental of Rocky Mountain High School Auditorium, executed by the parties on October 18, 2011, shall remain in full force and effect, IN WITNESS WHEREOF, the parties shall cause this MOA to be executed by their duly authorized officers to be effective as of the day and year first above written. MERIDIAN JOINT SCHOOL DISTRICT NO. 2: Troy Ric CITY OF MERIDIAN: Tammy de FIRST ADDENDUM TO MOA WITH MERIDIAN JOINT SCHOOL DISTRICT No. 2 FOR RENTAL OF RMHS AUDITORIUM SEAL ^T Ile T¢c PAGE 1 OF I EXHIBIT A UPDATED RENTAL USAGE AGREEMENT Between: Joint School District No. 2 1303 E. Central Drive Meridian, Idaho 83842 (Hereinafter called OWNER) RENTAL USAGE AGREEMENT And: 33 �� Br.✓� BK. (Hereinafter called ENTER) The District Service Center conference facility is hereby rented to the RENTER according to the following schedule and terms: 1. Area(s)/Room(s) Rented Myj 2. Date(s) of Rental: between the hours of _ and=40Lpx, AN D 3/;zA+/t2,C Am-5pm btz 3. Check areaslequlpmentslservices on page two and specify total fees to be paid In the uce ) il below as per Joint School District No. 2 policy 1003.20 (Rental Fees). �c✓�i ' �f/Total of All Rental Fees From Page Two $ J'.a,� �k,ar„- zz Aew a46•�i•..l.L pan. 4. Special condittons of the agreement: ,6 kwtuL �* aak a. OWNER will provide RENTER with a copy of policy numbers 1003.10 and 1003.20. RENTER has read and agrees with all of the conditions of Joint School District No. 2 policies. b. No equipment other than that specified In Item 4 will be furnished to the RENTER without prior approval of the rental authority/principal. C. If the building being rented Is not properly cared for, the rental authority/building principal retains the right to break the contract. d. No food or beverages will be allowed except In designated areas. e. Approved Individuals or organizations shall be responsible for the orderly and lawful conduct of all attendees. f. Certain group programs or activities may require the presence of firemen, policemen, special equipment and medical personnel. The scheduling and payment of these services is the responsibility of the renter. g. The District will In no event retain liability for any loss of revenue to Lessee for closure of the building by the Fire Marshal; or any situation out of District control, including an act of God. The Lessee will be liable for any fines imposed upon the bIstrlct. h. No alcoholic beverage will be permitted in school buildings or on school property at any time. Smoking Inside the District Service Center or anywhere on its properly will not be permitted at any time, In accordance with District policy and State law. I. Payment by the RENTER will be made prior to using the facility unless other arrangements have been made with the superintendenUrental authority. IN WITNESS WHEREOF THE PARTIES HERETO EXECUTED THIS AGREEMENT, THE DAY AND YEAR AS WRITTEN ABOVE. �f By OWNER By RENTER (8up mtenden signee)ut ro rce G1TV eporA. C(& �r�Tesents e t Cbulate Agreement Signed /_Ly ' y Meridian City Council Meeting DATE: March 20, 2012 ITEM NUMBER: 5G PROJECT NUMBER: MDA 11-012 ITEM TITLE: Second Amendment to Development Agreement Meridian Town Center by Meridian CenterCal, LLC Located at Northeast Corner of E. Fairview and N. Eagle 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 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 03/21/12 12:49 PM DEPUTY D-RIII II�IIIIIII'IIIIIIII�IIIII'llllllll RECORDED-AEOUEUEST OF Meridian City 112025435 SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Meridian Center Cal, LLC, Owner/Developer THIS SECOND ADDENDUM TO DEVELOPMENT AGREEMENT is dated thisQO day of %-iavrh 2012,("SECOND ADDENDUM"), by and between CITY OF MERIDIAN, a municipal corporation ofthe State of Idaho ("CITY'), and Meridian Center Cal, LLC, ("OWNER/DEVELOPER'), whose address is 7455 SW Bridgeport Road, Suite 205, Tigard, OR 97224. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was recorded on December 9, 2008 in the real property records of Ada County as Instrument No. 108131103. B. CITY and OWNER/DEVELOPER entered into that certain Addendum to Development Agreement that was recorded on June 30, 2011 in the real property records of Ada County as Instrument No. 111052692 and re-recorded on July 13, 2011 in the real property records of Ada County as Instrument No. 111055939. C. OWNER/DEVELOPER, Idaho Transportation Department ("ITD" ), and Ada County Highway District ("ACHD") entered into that certain Sales Tax Anticipation Revenue Reimbursement Agreement that was recorded on January 24, 2012 in the real property records of Ada County as Instrument No. 112006971, in which OWNER/DEVELOPER agreed to certain phasing triggers subject to right-of-way acquisition ("STAR Agreement"). D. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNEWDEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows, in accordance with the STAR Agreement: SECOND ADDENDUM TO DEVELOPMENT AGREEMENT -MDA 11 -012 -ME Tm Town CENTER(CENm Ca)Page 1 of SECTION 5 5.5 OWNER/DEVELOPER is required to comply with all ACHD and ITO conditions, CITY will not sign off on any occupancy cards without first receiving ACHD's signature and sign -off. All applications on the Property are subject to ACHD's and ITD's project specific comments, regardless of the type of application (i.e. conditional use permit, certificate of zoning compliance, etc.). No details related to access to the Property are approved with the subject annexation and zoning approval. The proposed access locations on the major arterials will be as approved by ACHD and ITD. SECTION 13 CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the Improvements have not been installed, completed, and accepted by CITY. No Certificates of Occupancy shall be issued that would bring the total amount of OWNER/DEVELOPER's occupancy -permitted space (whether retail, commercial, residential orother) to anyamount exceeding 680,000 total developed square feet unless and until OWNER/DEVELOPER has commenced the second phase of construction by providing the surety referenced in Section 3.4 of the Sales Tax Anticipation Revenue Reimbursement Agreement agreed to by the OWNER/DEVELOPER, ACHD and ITD ("STAR Agreement'). No Certificates of Occupancy shall be issued which would bring the total amount of OWNER/DEVELOPER's occupancy -permitted space (whether retail, commercial, residential or other) to any amount exceeding 950,000 total developed square feet unless and until OWNER/DEVELOPER has commenced the third phase of construction by providing the surety referenced in Section 3.4 of the STAR Agreement. 2. That OWNER/DEVELOPER agrees to abide by all ordinances of the City ofMeridian and, the Property shall be subject to de -annexation if the OWNER/DEVELOPER, or their assigns, heirs, or successor shall not meet the conditions of this Second Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Second Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including CITY's corporate authorities and their successors in office. This Second Addendum shall be binding on the OWNER/DEVELOPER of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. CITY agrees, upon written request of OWNER/DEVELOPER, to execute appropriate and recordable evidence oftermination ofthis Second Addendum if CITY, in its sole and reasonable discretion, had determined that OWNER/DEVELOPER have fully performed its obligations under this Second Addendum. 4. If any provision of this Second Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Second Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. SECOND ADDENDUM TO DEVELOPMENT AGREEMENT -MDA 11 -012 -ME TAN TowN CeNTPR(C2WM CAL) Page 2 of t 5. This Second Addendum sets forth all promises, inducements, agreements, condition, and understandings between OWNER/DEVELOPER and CITY relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between OWNER/DEVELOPER and CITY, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Second Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to CITY, to a duly adopted ordinance or resolution of CITY. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the CITY has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Second Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums, all terms of the previous Agreements shall remain in full force and effect. SECOND ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 11-012— MERIDIAN TOWN CENTER (CENTER CAL) Page 3 of 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Second Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: MERIDIAN CENTER RCAL, LLC By: " CITY OF MERIDIAN �iy17� Mayor Ta y e Weerd SECOND ADDENDUM TO DEVELOPMENT AGREEMENT -MDA 11-012— MaamIAN TOWN Carmen (CarrraR CAL) Page 4 of 5 CoA STATE OF H)A-H9 l) ) ss. County of Ada ) On this BN day of H" 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared �I w Let known or identified tome to be the to vMM�d( of Meridian CenterCalT Idaho limited liability company that executed the within and foregoing instrument, or the person who executed the instrument on behalf of said Idaho limited liability company, and acknowledged to me that such Idaho limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. WTASHAjCA RTER °raM.094ca97iFeoRrlu LECOLBQTY E%PILAUO, 28, 2015 i STATE OF IDAHO ) ss County of Ada J-�- � Notary Public for Idaho 04 rl': 0— Residing at: �S A" My commission expires: On this zm day of Marr. N 2012, eore me, a Notary Public, Personally appeared Tammy de Weerd and Jayeee-�6 own of identified to me to be the Mayor and Clerk, respectively, ofthe City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ��e.o.•• Spy• `v1D_ y a Notary Public for o �� d Residing at:�j�n = p o ' �, . i Commission expires: ^-RR .� 6'g " gCP�• Rogge SECOND ADDENDUM TO DEVELOPMENT AGREEMENT -MDA 11-012—ME LANTown CEnaxn(CENMRCAL) Page 5 of Meridian City Council Meeting DATE: March 20, 2012 ITEM NUMBER: 5H PROJECT NUMBER: RZ 11-007 ITEM TITLE: Findings of Fact & Conclusions of Law for Approval Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal MEETING NOTES %Y eA 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 20, 2012 ITEM NUMBER: 51 PROJECT NUMBER: PP 11 -0 14 ITEM TITLE: Findings of Fact & Conclusions of Law for Approval Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal MEETING NOTES ��'Y,fo-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 Meridian City Council Meeting DATE: March 20, 2012 ITEM NUMBER: 5J PROJECT NUMBER: CUP 11-010 ITEM TITLE: Findings of Fact & Conclusions of Law for Approval Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal MEETING NOTES 0 im13')eA 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 20, 2012 ITEM NUMBER: 5K PROJECT NUMBER: MDA 11-013 ITEM TITLE: Findings of Fact & Conclusions of Law for Approval Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal 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 20, 2012 ITEM NUMBER: 5L PROJECT NUMBER: TEC 12-002 ITEM TITLE: Final Order for Approval Centrepointe Subdivision No. 2 (North) by Blue Marlin Investments, LLC Located West Side of N. Eagle Road, Approximately 1/4 Mile North of E. Ustick Road MEETING NOTES Aw covQd 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 20, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Water and Sewer Easement for Crossfield Apartments aka Crossfield Sub. #4 MEETING NOTES pwvo� e -d Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (1ENDLAN� HO TO: Mayor Tammy de Weerd Members of the City Council FROM: Steve O'Brien DATE: 3/1312012 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Water and Sewer Easement for Crossfield Apartments aka Crossfield Subdivision #4 I. RECOMMENDED ACTION A. Move to: 1. Approve a new easement for water and sewer infrastructure to serve a new apartment compiex. The aforementioned items are in a private drive and parking lot providing service to the building site(s). 2. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Director of Community Development Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Steve O'Brien, Development Analyst Il Supervisor Approval Supervisor Approval Scott Steckline: Land Development Supervisor Development Services Manager Page I of I 489-1569 489-0362 489-0369 489-0371 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 11 BOISE IDAHO Oa121112 12:49 PM DEPUTY Gail Garrell 1111111111111111'lllllllll'll'llll'll RECORDED -REQUEST OF 112025434 Meridian Ciry SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this JO_ day of &4c�Lrdh , 2012, between Corey Barton Homes, Inc., dba CBH Homes, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Crossfield Apartments Sanitary Sewer and Water Main Easement EASMT SandW THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of, any public street, then, to such extent such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTORS: COREY BARTON Corey 0--8arton, Pres' 1977 E. Overland Road Meridian, ID 83642 �-tfYQ ati ► U�JTY�. Adair Koltes, Secretary Crossfield Apartments Sanitary Sewer and Water Main Easement EASMT SandW STATE OF IDAHO ) ) ss County of Ada ) On this r 99 K day of Y LAA , 2012, before me, the undersigned, a Notary Public in and for said State, rsonally appeared Corey H. Barton and Adair Koltes, known or identified to me to be the President and 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 and year fist above written,..—._ (SEAL) NOTARY e.a PUBLIC GRANTEE: CITY OF MERIDIAN set my hand and affixed my official seal the day Commission Expires: I - I (Q -1 (,Q Approved By City Council On: yo- ')01 )r)l Crossfield Apartments Sanitary Sewer and Water Main Easement EASMT SandW STATE OF IDAHO ) ) ss. County of Ada ) On this Z o day of nckffcSr,, , 2012, before me, the undersigned, a Notary Public in and for said State, personall a eared Tammy de Weerd and known to me to be the Mayor and Crt rk, respectively, of the City of Meridian, Idaho, 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. (SEAL) 4a Ch,v►bMAAA. NOTARY PUB IC FOR IDAHO Residing at: fides N,o , � Q Commission Expires: I —2—S-1 In Crossfield Apartments Sanitary Sewer and Water Main Easement EASMT SandW February 23, 2012 CROSSFIELD SUBDIVISION NO. 4 SEWER AND WATER EASEMENT FOR CITY OF MERIDIAN Easement for City of Meridian sewer and water facilities, located in Lot 5, Block 4, Crossfield Subdivision No. 4, lying in Government Lot 3, Section 1, T.3N., R.1 W., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; Conuiuencing at the North 114 corner of Section 1, from which the northwest corner of said Section 1 bears North 88°42'32" West, 2662.16 feet; Thence North 88°42'32" West, 20.00 feet along the north line of Section 1 to the northeast corner of Crossfield Subdivision No. 4, filed in Book 104 of Plats, at Page 14054, records of Ada County, Idaho; Thence along the east boundary of said Crossfield Subdivision No.4, South 00°07'34" West, 208.40 feet to a point on the east line of Lot 5, Block 4, Crossfield Subdivision No.4, the POINT OF BEGINNING of this easement description; Thence continuing along said east line, South 00°07'34" West, 26.00 feet to a point; Thence leaving said east line, North 89°52'25" West, 7.45 feet to a point of curvature; Thence along a curve to the right 74.97 feet, said curve having a radius of 513.00 feet, a central angle of 08°22'25 ", and a long chord which bears North 85°41'12" West, 74.91 feet to a point of tangency; Thence North 81'30'00" West, 58.13 feet to a point; Thence South 08°30'00" West, 101.28 feet to a point of curvature; Thence along a curve to the left 24.27 feet, said curve having a radius of 137.00 feet, a central angle of 10°09'05", and a long chord which bears South 03°25'28" West, 24.24 feet to a point; Thence North 78°51'44" East, 31.84 feet to a point; Thence South 11°08'16" East, 20.00 feet to apoint; Thence South 78°51'44" West, 33.69 feet to a point on a curve; Thence along a curve to the left 2.58 feet, said curve having a radius of 137.00 feet, a central angle of 01'04'44", and a long chord which bears South 10°35'54" East, 2.58 feet to a point oftangency; Pogo I of 5 MERIDIAN SEWER WATER EASGAoc Thence South 11'08'16" East, 41.45 feet to a point of curvature; Thence along a curve to the right 32.04 feet, said curve having a radius of 163.00 feet, a central angle of 11°15'50", and a long chord which bears South 05°30'21" East, 31.99 feet to a point of tangency; Thence South 00°07'34" West, 11.06 feet to a point; Thence South 89°54'28" East, 17.32 feet to a point; Thence South 00°05'32" West, 15.39 feet to a point on the south boundary of said Lot 5; Thence North 89°52'25" West, 4.33 feet along said south boundary to a point; Thence North 00107'34" East, 12.95 feet along said south boundary to a point; Thence North 89°14'36" West, 39.00 feet along said south boundary to apoint; Thence leaving the south boundary of said Lot 5, North 00°07'34" East, 13.06 feet to a point of curvature; Thence along a curve to the left 26.93 feet, said curve having a radius of 137.00 feet, a cental angle of 11'15'50", and a long chord which beaks North 05°30'21" West, 26.89 feet to a point of tangency; Thence North 11'08'16" West, 41.45 feet to a point of curvature; Thence along a curve to the right 55.87 feet, said curve having a radius of 163.00 feet, a central angle of 19°38'16", and a long chord which bears North 01°19'08" West, 55.59 feet to a point of tangency; Thence North 08130'00" East, 101.28 feet to a point; Thence North 81°30'00" West, 74.00 feet to a point of curvature; Thence along a curve to the left 17.60 feet, said curve having a radius of 187.00 feet, a central angle of 05°23'33", and a long chord which beats North 84°11'47_" West, 17.59 feet to a point; Thence South 07°28'13" West, 29.30 feet to a point; Thence North 82°31'47" West, 20.00 feet to a point; Thence North 07°28'13" East, 26.68 feet to a point on a curve; Page 2 of 5 MFRIDIAIJ SEWFR WA'I'FR FASE.doe Thence along a curve to the left 45.45 feet, said curve having a radius of 187.00 feet, a central angle of 13°55'27", and a long chord which bears South 79°57'44" West, 45.33 feet to a point of tangency; Thence South 73°00'00" West, 44.46 feet to a point of curvature; Thence along a curve to the left 71.67 feet, said curve having a radius of 87.00 feet, a central angle of 47°l2'00", and a long chord which bears South 4924'00" West, 69.66 feet to a point of tangency; Thence South 25148'00" West, 67.16 feet to a point; Thence South 64°12'00" East, 33.00 feet to a point; Thence South 25°48'00" West, 20.00 feet to a point; Thence North 64°12'00" West, 33.00 feet to a point; Thence South 25°48'00" West, 61.14 feet to a point of curvature; Thence along a curve to the left 38.03 feet, said curve having a radius of 87.00 feet, a central angle of 25°02'36", and a long chord which bears South 13°16'42" West, 37.72 feet to a point oCtangency; Thence South 00145'24" West, 3.27 feet to a point; Thence South 89°14'36" East, 29.82 feet to a point; Thence South 00°45'24" West, 4.98 feet: to a point on the south boundary of said Lot 5; Thence North 89°14'36" West, 55.82 feet along said south boundary to a point; Thence leaving the south boundary of said Lot 5, North 00°45'24" East, 8.25 feet to a point of curvature; Thence along a curve to the right 4939 feet, said curve having a radius of 113.00 feet, a central angle of 25°02'36", and a long chord which bears North 13°16'42" East, 49.00 feet to a point of tangency; Thence North 25°48'00" East, 23.20 feet to a point; Thence North 64°12'00" West, 33.00 feet to a point; Thence North 25°48'00" East, 20.00 feet to a point; Thence South 64°12'00" East, 33.00 feet to a point; Page 3 01'.1 MERIDIAN SEWER WA I'ER EASE.doe Thence North 25048'00" East, 105.11 feet to a point of curvature; Thence along a curve to the right 2.35 feet, said curve having a radius of 113.00 feet, a central angle of O1°11'34", and a long chord which bears North 2602347" East, 2.35 feet to a point; Thence North 88°59'20" West, 194.51 feet to a point on the west boundary of said Lot 5; Thence North 01°17'28" East, 3.35 feet along said west boundary to a point; Thence South 88°42'32" East, 98.81 feet along said west boundary to a point; Thence North O1° 1T28" East, 4.95 feet along said west boundary to a point of curvature; Thence along said west boundary and along a curve to the right 12.23 feet, said curve having a radius of 86.00 feet, a central angle of 08°09'03'', and a long chord which bears North 05"22'00" East, 12.22 feet to a point; Thence leaving the west boundary of said Lot 5, South 88°59'20" East, 107.22 feet to a point on a curve; Thence along a curve to the right 8.04 feet, said curve having a radius of 113.00 feet, a central angle of 04°04'30", and a long chord which bears North 41'00'2 1 " East, 8.04 feet to a point; Thence North 40°00'16" West, 12.04 feet to a point; Thence North 49059'411" East, 20.00 feet to a point; Thence South 410°00'16" East, 11.39 feet to a point on a curve; Thence along a curve to the right 39.04 feet, said curve having a radius of 113.00 feet, a central angle of 19°47'50", and a long chord which bears North 6306'05" East, 38.85 feet to a point of tangency; Thence North 73°00'00" East, 30,72 feet to a point; Thence North 17°00'00" West, 33.00 feet to a point; Thence North 73°00'00" East, 20.00 feet to a point; Thence South 17°00'00" East, 33.09 feet to a point on a curve; Page 4 of 5 MCR IDIAN_Sli W HR_WAl'LiR_EASG.doc Thence along a curve to the right 88.54 feet, said curve having a radius of 213.00 feet, a central angle of 23°48'58", and along chord which hears North 86°35'31" East, 87.90 feet to a point of tangency; Thence South 81130'00" East, 94.72 feet to a point; Thence North 0702700" East, 9.15 feet to a point; Thence South 82033'00" East, 2036 feet to a point; Thence North 07027'00" East, 23.30 feet to a point; Thence South 82°33'00" East, 20.00 feet to a point; Thence South 07°27'00" West, 33.18 feet to a point; Thence South 81°30'00" East, 23.04 feet to a point of curvature; Thence along a curve to the left 71.17 feet, said curve having a radius of 487.00 feet, a central angle of 08°22'25", and a long chord which bears South 85°41'12" East, 71.11 feet to a point of tangency; Thence South 89152'25" East, 7.45 feet to the POINT OF BEGINNING of this easement description. Said easement contains 30,041 SF, more or less. L LA 11118 C) �F 0 F 2TO-N W. Pan 5 ors MERIUTAN_SEW ER_WA'rER_EASI:,doc 35 36 2 I 1 0 Lu 0 Z W. USTICK ROAD N 88'42'32" W 2662.16' (BASIS OF BEARING) N 88'42'32" W gn nn' U 11436 13 1 1117.8 24zyll2 a NOTES: J.EGEND 1. SEE SHEET 2 OF 2 FOR CURVE AND LINE TABLE DATA. — — — — — — — EASEMENT UNE 2. SEWER AND WATER EASEMENT CONTAINS 30,041 S.F. — — — SUBDMSION BOUNDARY 3, SEE RECORDED PLAT OF CROSSFIELD SUBDIVISION NO.4, FILED IN — — — — SECTION UNE BOOK 104 OF PLATS, AT PAGE 14054, RECORDS OF ADA COUNTY, FOUND BRASS OR IDAHO, FOR ADDITIONAL DATA OF RECORD. ® ALUMINUM CAP MONUMENT SCALE 1 "=1 00' DWG.DATE 02/21/12 PROJ. N0. 110627 �SHEET 1 OF 2 CROSSFIELD SUBDIVISION NO.4 SEWER AND WATER EASEMENT FOR CITY OF MERIDIAN D IN LOT 5, BLK. 4, CROSSFIELD SUBD. LYING IN SECTION 1, T.3N., R.1W., B.M. ENGINEERING SOLUTIONS( 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IDAHO 83642 Phone (200) 938-0980 Fay (208) 938-0941 Meridian City Council Meeting DATE: March 20, 2012 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Police Department: Swearing in of New Police Officers 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 20, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved from Consent Agenda MEETING NOTES NCvlt 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 20, 2012 ITEM NUMBER: 8A PROJECT NUMBER: TEC 12-003 ITEM TITLE: Olivetree at Spurwing Sub Public Hearing - Two (2) year time extension on the preliminary plat in order to obtain the City Engineer's signature on a final plat by Spurwing Limited Partnership - n/W Chinden Blvd, w/o N. Spurwing Way MEETING NOTES I— rxejma-n NO A--2S-l-mon� — QWyDQ eA 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 CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE March 20, 2012 ITEM # PROJECT NUMBER TEC 12-003 PROJECT NAME Olivetree at Spurwing PLEASE PRINT NAME 56", CITY CLERKS FOR I AGAINST I NEUTRALI Meridian City Council Meeting DATE: March 20, 2012 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Public Comment on Proposed Outdoor Sales & Temporary Use Code Update Increased Time Limits for Temporary Sales Units and Garage Sales, Temporary Construction Site Standards 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 LEGAL NOTICE CITY OF MERIDIAN SEEKS PUBLIC COMMENT ON POSSIBLE CHANGES TO THE TEMPORARY USE ORDINANCE As part of the City's effort to involve the public in the process, the City Council will be hearing public comment at the City Council meeting held at 7:00 pm. on March 20, 2012, in the City Council Chambers, Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho 83642. This will allow the public to comment on the City's consideration of changes to the City of Meridian's Temporary Use Ordinance and license application process. Written comments may be submitted by mail to the Meridian City Clerks Office, 33 East Broadway Avenue, Meridian, Idaho 83642 up to the hearing date; or you may e-mail your comments to clerk@meridiancity.org. Your e-mailed comments must have your name and a contact phone number included in the e-mail in order for your comments to be included in the public record. You may also appear at the March 20, 2012 City Council Meeting to submit your comments in person. Publish: March 12th and 19th, 2012 LEGALNOTICE CITY OF MERIDIAN SEERS PUBLIC COMMENT ON POSSIBLE CHANGES TO THE TEMPORARY USE ORDINANCE A\ part of the City's effort to involve the public in the process, the City Council will be hiarmg public comment at the City Council meeting held at 7;00 p.m. on-March20th 2Q12 in the City Council Chambers, Meridian City Hall, 33 East Broadway Avenue, Merldim Idaho 83642. This will allow the public to comment on the City's consideration. of changes to the City of Meridian's Temporary Use Ordinance and license application process. Written comments maybe submitted by mall to the Meridian City Clerk's Office, 33 East Broadway Avenue, Meridian, Idaho 83642 up to the hearing date; or you may e- mail your comments to clerk@meridiancityorg. Your a -mailed comments must have your name and acontact phone number included in the e-mail in order for your comments to be Included In the,pubnc record. You may also appear at the.March 20th,: 2012 City. Council meeting to submit your comments in person. - Publish: Match 13th and 19th, 2012 LEGAL NOTICE 'CITY OF MERIDIAN SEEKS PUBLIC COMMENT ON POSSIBLE CHANGES TO THE TEMPORARY USE ORDINANCE As part of the City's effort to involve the public in the process, the City Council will be hearing public comment at the City Councilmeeting held at 7:00 p.m. on March 20th,. 2012 in the City Council Chambers, Meridian City Hall, 33 East Broadway Avenue, Meridigp, Idaho 83642. This will allow the public to comment on the City's consideration! of changes to the City of Meridian's Temporary Use Ordinance and license application process. Written comments maybe submitted by mail to the Meridian City Clerk's Office, 33 East Broadway Avenue, Meridian, Idaho 83642 up to the hearing date; or-,. may mail your comments -to clerk@meridiancityorg. Your o -mailed comments must have your, name and a contact phone number included in the a -mail in order for your comments to be included in the public record. You may also appear at the March 30th, 2012iTyI Council meeting to submit your comments in pemon,, - _ I Publish: Much 12th and 19th, 2012 - 9 1 F+7 17�••� ;^w ^"W N =10 rtIL d -4 Z No1Ul'n 0 d c m S S N m m =• m a m = S- m 0 '� 0= = s 01 C n o m 3 d oft o �c om rtty .=o m ti= ' ranmi ma °tO �' ^.� 01 n' a ti e rt= m 73 mcn >> o �N.OM 2rt� � °a mdM3�<p�o n- o Ln A ha A C d N� - -00 rt t7 (A �' 01 =' O O O N d eaf O. 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N 3 3 3�� n•�� o d o 0 M rt 0 JU fu ^ 'r ri 0 m d d O y 0 m u C M FAvei, m N N C y 7 =_ W v N [mf 7 r. ]°] c d CD t y S 3 d N X ^' a C 2= to rt 0 a (D W 0 co °° f c 1°.a or:° m' u, d m �= a 3 �'(D tO m ao1 m 0 t7^'O CON O oysT Hm ao.tor3o mort�a= c ay 0 H� 3 m'< m �' ° 01 m •OD m mmor3 0 S "r O fn s t0 t* °' 't °• rN m Ot = S< 0 s 0 s m N = m rt= v d< F. d al m° V O JU •0 m= s a a a su ?, to CL IM CL m CT 0 °Oma(a 0 �;frru� rt0 fA m ;mc=0 t= Mofu 17 n - o c "t = ( S C N N = a m rn (DVw 3' `°c3 x0m M N o �*� y N m- m °O �„ a m o m s s a� CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE March 20, 2012 ITEM # PROJECT NUMBER PROJECT NAME TUP Code Updates PLEASE PRINT NAME FOR AGAINST NEUTRAL Cil '! CLERKS Meridian City Council Meeting DATE: March 20. 2012 vtLlra I�r�F--- " � PROJECT NUMBER: ITEM TITLE: Ordinance No. 10 -dMCo First Reading - Outdoor Sales and Temporary Uses Code Update, Increasing Time Limits for Temporary Sales Units and Garage Sales, Adding Standards for Temporary Construction Sites 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. A'Q — 15 C , BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(5)(c), RELATING TO TIME LIMITATIONS FOR TEMPORARY SALES UNITS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(7)(E), RELATING TO NUMBER OF SIGNS FOR OUTDOOR MARKETS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(8)(b)(1), RELATING TO FREQUENCY OF GARAGE SALES; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(9), RELATING TO LITTER AT CONSTRUCTION SITES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by the adoption of Ordinance nos. 08-1354, 08-1371, 08-1356, 09- 1430, 10-1453, and 10-1464, the City Council of the City of Meridian has instituted a procedure by which outdoor sales and temporary uses occurring in the City of Meridian are required to meet minimum standards for the purpose of protecting the health, safety, and welfare of Meridian residents and other participants in such outdoor sales and temporary uses; WHEREAS, the permitting procedure and standards have been found to encourage outdoor sales and temporary uses that complement permanent City of Meridian businesses; that are safe, attractive, and desirable; that add variety to the shopping and/or dining opportunities available in Meridian; and that support and facilitate community events and celebrations; WHEREAS, the changes to the Outdoor Sales and Temporary Uses ordinance set forth herein are intended to improve and refine the processes and standards established therein, specifically, to length the allowed time period for temporary sales units and to clarify the provisions establishing the allowed frequency of garage sales; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 3-4-3(C)(5)(c) is hereby amended to read as follows: 5. Standards For Temporary Sales Units: c. For temporary sales units that stay on the site for the full duration of the use, such uses shall be limited to a period of time not to exceed si ninety 90 days, whether such days are consecutive or not, per property per calendar year. The location of a temporary sales unit on a site for any portion of a day shall constitute one day for purposes of this subsection. MARCH 2012 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE I OF 5 Section 2. That Meridian City Code section 3-4-3(C)(7)(e) is hereby amended to read as follows: 7. Standards For Outdoor Markets: e. The following provisions shall apply to any and all temporary signs related to an outdoor market: (1) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a temporary sign or temporary signs where the quantity or dimensions thereof exceed the limitations set forth in this subsection. No more than twenty (20) four4 temporary signs with an area not to exceed six (6) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an outdoor market. No more than four (4) two (2) temporary signs with an area not to exceed thirty two (32) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an outdoor market. (2) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign identifying, promoting, advertising, or directing patrons to an outdoor market upon any property without the permission of the owner of such property. (3) Any and all temporary signs identifying, promoting, advertising, or directing patrons to an outdoor market shall be removed within twenty four (24) hours of the close of such outdoor market. Section 3. That Meridian City Code section 3-4-3(C)(8)(b)(1) is hereby amended to read as follows: 8. Standards For Garage, Yard And Similar Sales: b. It shall be unlawful for any person to conduct a garage sale at any one address: (1) At which four (4) or more garage sales have been conducted by any person within the preceding three hundred sixty five (365` days. current calendar . (2) At which a garage sale has been conducted by any person within the previous thirty (30) days. MARCH 2012 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 2 OF 5 (3) For longer than three (3) consecutive days. (4) Between the hours of ten o'clock (10:00) p.m. and six o'clock (6:00) a.m. Section 4. That Meridian City Code section 3-4-3(C)(9) is hereby amended to read as follows: 9. Standards For Temporary Construction Sites: a.Temporary construction site property owners shall comply with all provisions and standards of this chapter and any and all applicable provisions of law, except that a city of Meridian temporary use permit shall not be required, and the provisions of subsections B I through B6 of this section shall not apply. b. It shall be unlawful for any person to operate a temporary construction site on a property at which there is no approved and valid plat, certificate of zoning compliance, and/or building permit. All temporary construction sites shall be consistent with such approved plat, certificate of zoning compliance, and/or building permit. c. It shall be unlawful for any person to conduct processing or other industrial activities on a temporary construction site unless such activities are directly associated with a valid plat, certificate of zoning compliance, and/or building permit. d. It shall be unlawful for any person to store materials and/or equipment on a temporary construction site that are not directly associated with a valid plat, certificate of zoning compliance, and/or building permit. e. It shall be unlawful for any person to place construction management trailers on a temporary construction site unless such trailers are needed to supervise the temporary construction site on a regular basis. f It shall be unlawful for any person to operate a temporary construction site in any manner which creates a hazard to public health or safety. g. It shall be unlawful for any person to store construction materials or equipment in or upon a public right-of-way, except as specifically allowed by license or permit issued by the right-of-way agency. h. Discarded materials, rubbish, andag rbage generated at or carried onto a tem o construction site shall be enclosed in a container meetingthe he requirements of Title 4, Chapter 1, Meridian Cites gi. Temporary construction site property owners shall incorporate all extracted materials into the site design and/or development of the property and/or adjoining MARCii 2012 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 3 OF 5 properties. Where such materials are not or cannot be incorporated into the design and/or development, the use shall be deemed a construction sand and gravel mining operation and shall comply with title 11 of this code. h.i Persons operating a temporary construction site shall accomplish such activity in a time frame appropriate to the size and/or area of the development as determined by the planning director. Where such activity is not accomplished in an appropriate time frame, the use shall be deemed a construction sand and gravel mining operation and shall comply with title 11 of this code. gk. The provisions of section 11-3D-7 of this code shall apply to any and all signs on the temporary construction site. Section 5. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2012. APPROVED: io be edtk4A- Conktnved Tammy de Weerd Mayor ATTEST: Jaycee Holman City Clerk ls+ %Xadtncq to e4110112 MARCH 2012 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 4 OF 5 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 12 - AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(5)(c), RELATING TO TIME LIMITATIONS FOR TEMPORARY SALES UNITS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(7)(E), RELATING TO NUMBER OF SIGNS FOR OUTDOOR MARKETS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(8)(b)(1), RELATING TO FREQUENCY OF GARAGE SALES; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(9), RELATING TO LITTER AT CONSTRUCTION SITES; 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 MARCH 2012 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 5 OF 5 Meridian City Council Meeting DATE: March 20, 2012 ITEM NUMBER: gA PROJECT NUMBER: ITEM TITLE: City Clerks Office & Planning Department Joint Report Fee Waiver Request Received from Joe and Leslie Palmer in Response to a Possible Application for a Certificate of Zoning Compliance Verification and City Council Appeal MEETING NOTES um -oke Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 00 .-- ['" �• ��- y •• H fA -I In -I C O ID �r 0 rT3 4 oOOo a w o a ^ M co 3 00 .-- ['" �• ��- •• •• H fA -I In -I C O ID a 0 rT3 4 oOOo a w o a ^ M � N p, �+• a a � o � w m n � fD 3 CDd O N N N Q o (D 3 m � A ••�-'' b C CD 3 3 .. �p(D 0 0 O 5 0 h a O N Co. N cn Dm 0 w Meridian City Council Meeting DATE: March 20. 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: City Clerks Office & Planning Department Joint Fee Waiver Request Received from Lois Garcia in Response to a Possible Application for an Accessory Use Permit and City Council Appeal MEETING NOTES T -9- i v�y- 0. Yl —j Xl\fA 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 Dear City Clerk, I would like to request a meeting with the city council to discuss my plans for putting a beauty shop in my garage and possibly be able to wave my fees( Of $160. and $600+ for the appeal) because my plan will be denied, because I can not meet the requirement stated in the application process. I would love for you to hear me out and see if there is a way for you to allow this to become a dream come true for me. I have a detached garage and code states for this to be acceptable I would have to putting in a breezeway or some how attach the garage in some way to the house. This would put me way over budget I have had my neighbor hood meeting enclosed is the letter that were returned to me. My neighbors are for this to happen for me. Would you also be willing to hear me out and make a decision for me? Sincerely Zs%E cads Feb.1, 2012 Dear Neighbors, Per The City of Meridian's, request I need to inform you I'm planning on moving my hair business to my residence. This is a requirement for me to do so. If you have any questions or comments concerning it,. I'm holding a meeting Feb. 15th (wed) at 7:00 p.m. at 339 E. Carlton so all issues may be addressed and concerns met. Enclosed if you are unable to attend is a self addressed envelope, to send back to me with your ap rova denial. Sincerely yours, ��� iS 4weSOna�. Feb. 1, 2012 Dear Neighbors, Per The City of Meridian's, request I need to inform you I'm planning on moving my hair business to my residence. This is a requirement for me to do so. If you have any questions or comments concerning it, I'm holding a meeting Feb. 15"' (wed) at 7:00 p.m. at 339 E. Carlton so all issues may be addressed and concerns met. Enclosed if you are unable to attend is a self addressed envelope, to send back to me with your approval or denial. Sincerely yours, L_ s UC- V\aVfl h °'•1 r V\ lYly� e A " jo,, �NaJ� ti) Q SaIUA n 2. Feb. 1, 2012 Dear Neighbors, Per The City of Meridian's, request I need to inform you I'm planning on moving my hair business to my residence. This is a requirement for me to do so. If you have any questions or comments concerning it, I'm holding a meeting Feb. 15'' (wed) at 7:00 p.m. at 339 E. Carlton so all issues may be addressed and concerns met. Enclosed if you are unable to attend is a self addressed envelope, to send back to me with your approval or denial. Sincerely yours, /C"�� &4't4� Feb.1, 2012 Dear Neighbors, Per The City of Meridian's, request I need to inform you I'm planning on moving my hair business to my residence. This is a requirement for me to do so. If you have any questions or comments concerning it, I'm holding a meeting Feb. 15th (wed) at 7:00 p.m. at 339 E. Carlton so all issues may be addressed and concerns met. Enclosed if you are unable to attend is a self addressed envelope, to send back to me with your approval or denial. Sincerely yours, o�cwo �LoY�ac=cc. /S'.Vrae.IF`1i fi�AW(11A Feb. 1, 2012 Dear Neighbors, Per The City of Meridian's, request I need to inform you I'm planning on moving my hair business to my residence. This is a requirement for me to do so. If you have any questions or comments concerning it, I'm holding a meeting Feb. 15th (wed) at 7:00 p.m. at 339 E. Carlton so all issues may be addressed and concerns met. Enclosed if you are unable to attend is a self addressed envelope, to send back to me with your approval or denial. Sincerely yours, za,�'O'jo�� �// GTir1'I O A,�Cf ��A ��� ✓ ��'c, ��� �C� Feb. i, 2012 Dear Neighbors, Per The City of Meridian's, request I need to inform you I'm planning on moving my hair business to my residence. This is a requirement for me to do so. If you have any questions or comments concerning it, I'm holding a meeting Feb. 15th (wed) at 7:00 p.m. at 339 E. Carlton so all issues may be addressed and concerns met. Enclosed if you are unable to attend is a self addressed envelope, to send back to me with your approval or denial. Sincerely yours, lam' � too W�) A- qo7-t-, TRE SCo OF IDAHO TRUST & ESTATE SERVICES CO February 2, 2012 Ms. Lois Garcia 339 E Carlton Meridian ID 83642 RE: Cleora McFadden Dear Ms. Garcia: Thank you, for contacting us with regard to your intentions to move your hair salon into your home. We have no objections to your plans. Respectfully, (�' Z' A. Wesley Seideman, Pres. Tresco of Idaho, Conservator for Cleora McFadden Phone: (208) 866.4303 • FAX: 384.8526 5256 Fairview Ave. • PO Box 7488 • Boise, Idaho 83707 www.rrescoweb.com Feb.1, 2012 Dear Neighbors, Per The City of Meridian's, request I need to inform you I'm planning on moving my hair business to my residence. This is a requirement for me to do so. If you have any questions or comments concerning it, I'm holding a meeting Feb. 15"' (wed) at 7:00 p.m. at 339 E. Carlton so all issues may be addressed and concerns met. Enclosed if you are unable to attend is a self addressed envelope, to send back to me with your approval or denial. Sincerely yours, x OL/ 7- v l�Jn-Y 2e�OG��� Cit%es% 7-1-j 1-)4 ///gl v n /7/11,' L- ZC%l j l " 'O L �`s Meridian City Council Meeting DATE: March 20, 2012 ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: Public Works: Approval of Pipeline Crossing Aqreement with Union Pacific Railroad for a Water Line Crossing of the Railroad at Meridian Road for a Not -To -Exceed Amount of $11,000.00 MEETING NOTES P7PnW e, Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS provide a copy of this Agreement to its contractor and require its contractor to complywith all the terms aiid provisions hereof relating to the work to be perfon-ned. Any contractor or subcontractor shall be deenied an agent of License for the purpose of th s Agreement, and Licensee spa.ll require such contractor subcontractor. to re se defend,and l mni fyicensor to the same extent and -under the C. No additional vehiculartrossings kincluding temporary haul. goads) or pedestfian crossings over U N I O PACIFIC Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx, (402) 501-0340 *683511* REMS FialeNet Cover Sheet CITY MERIDIAN STATE ID PARTY NAME MERIDIAN, CITY OF PRIMARY PURPOSE Crossing Pipeline EFF,, DATE 3/9/2011 MPSTART 457.63 MP END PRIMARY CjRC7 16305 DESCRIPTION Pipeline Crossing Agreement BOX NUMBER 0 BATCH 00 E IDIAN-- Public D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Roxanne Holland, Staff Engineer DATE: February 28, 2012 Mayor Tammy de Weerd City Council Membortr Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: APPROVAL OF PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD FOR A WATER LINE CROSSING OF THE RAILROAD AT MERIDIAN ROAD FOR A NOT -TO -EXCEED AMOUNT OF $11,000.00 I. RECOMMENDED ACTION A. Move to: 1. Approve the pipeline crossing agreement with Union Pacific Railroad (UPRR) for the water line crossing of the railroad at Meridian Road; and 2. Authorize the Mayor to sign the agreement H. DEPARTMENT CONTACT PERSONS Roxanne Holland, Staff Engineer 489-0347 Clint Dolsby, Assistant City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION Background As part of ACHD's Split Corridor Phase 2 Project, the City is replacing the existing water main under the UPRR at Meridian Road with new 12" water main. This old pipe is deteriorated and the installation of new pipe is necessary to provide adequate separation from the sewer main. UPRR requires the City to enter into a new agreement to document the crossing location and ensure no complications to their facilities will result from the City's work. 1 of 2 IV. IMPACT A. Service/Delivery Impact: This agreement makes it possible to upgrade the City's water distribution system across the UPRR facilities. Without an agreement, the existing water line would not be replaced and could impact service & fire protection. B. Fiscal Impact: Costs Crossing Agreement $11,000.00 Total Project Cost $11,000.00 Funding Water Main Replacements (3490-95000) $11,000.00 Total Funding $11,000.00 V. ALTERNATIVES Council may choose not to approve the agreement; however, without the agreement, UPRR may not allow the construction of the new water line during ACHD's roadway construction project. VI. TIME CONSTRAINTS The project is expected to go out to bid in summer 2012. VII. LIST OF ATTACHMENTS A. Pipeline Crossing Agreement (2) B. Check Request C. Return Envelope Approved for Council Agenda: 34/11— Warren GWarren Ste rt, Engmi eerin ager D to 2 of 2 Meridian City Council Meeting DATE: March 20, 2012 ITEM NUMBER: 9D PROJECT NUMBER: ITEM TITLE: Public Works: Approval of Pipeline Crossing Aqreement with Union Pacific Railroad for a Sewer Line Crossing of the Railroad at Meridian Road for a Not -To -Exceed amount of $2,000.00 MEETING NOTES A—vwbve� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS provide a. copy of thi.s.Agreenient to its contractor and require its contractor to c I ombly with all the terms end previsions hereof relating to the work to be.performed. Any contractor or su c ntr ctor AM lye deemed n agent of Licensee for the purpose of this reementand Licensee shall require such contractor or subcontractor to release, defend and inde .ni y Licensor to the same extent and ander the Approved.- Insurance Croup Preated 9/23/05 Ust Modified:OY29/10 Farm Ar ° d'. AVP -Law aw E C Union Pacific Railroad Coen Contract Insurance Requirements UNION PACIFIC Union Facific Railroad Real Estate 140O Do ug as Street Stop 1690 Omaha; Nebraska 68179-1690 k (402) 501 -0340 *68351 0* REMS F'lleNet Cover Sheet CITY MERIDIAN STATE ID PARTY NAME MERIDIAN, CITY OF PRIMARY PURPOSE Crossing Pipeline EFF:. DATE, 11 /7/2011 MP START 457.63 MP END PRIMARY CIRC? 1131305 DESCRIPTION Pipeline Crossing Agreement BOX NUMBER 0 BATCH 00 CVE, IDIAN-- Public D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Roxanne Holland, Staff Engineer DATE: February 28, 2012 Mayor Tammy de Weerd City Council Memberu Keith Bird Brad Hooglun Charles Rountree David Zaremba SUBJECT: APPROVAL OF PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD FOR A SEWER LINE CROSSING OF THE RAILROAD AT MERIDIAN ROAD FOR A NOT -TO -EXCEED AMOUNT OF $2,000.00 I. RECOMMENDED ACTION A. Move to: 1. Approve the pipeline crossing agreement with Union Pacific Railroad (UPRR) for the sewer line crossing of the railroad at Meridian Road; and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Roxanne Holland, Staff Engineer 489-0347 Clint Dolsby, Assistant City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION Background As part of ACHD's Split Corridor Phase 2 Project, the City is replacing the existing 12" sewer main under the UPRR at Meridian Road with new 21" sewer main. This installation is necessary to provide relief to existing pipes which are nearing capacity. UPRR requires the City to enter into a new agreement to document the crossing location and ensure no complications to their facilities will result from the City's work. 1 of 2 tlV u VI. VII. IMPACT A. Service/Delivery impact: This agreement makes it possible to upgrade the City's sewer collection system across the UPRR facilities. Without an agreement, the existing sewer line would not be upsized and would affect future capacity in the existing 12" pipe and downstream in the Broadway/8 h Street trunk line, possibly limiting future development. B. Fiscal Im acct: Costs Crossing Agreement $2,000.00 Total Project Cost $2,000.00 Funding Sewer Main Replacements (3590-95000) $2,000.00 Total Funding $2,000.00 ALTERNATIVES Council may choose not to approve the agreement; however, without the agreement, UPRR may not allow the construction of the new sewer line during ACHD's roadway construction project. TIME CONSTRAINTS The project is expected to go out to bid in summer 2012. LIST OF ATTACHMENTS A. Pipeline Crossing Agreement (2) B. Check Request C. Return Envelope Approved for Council Agenda: 2 of 2 -31e, /Z D e Meridian City Council Meeting DATE: March 20. 2012 ITEM NUMBER: PROJECT NUMBER: 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